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INDONESIA
Jurnal Jatiswara
Published by Universitas Mataram
ISSN : 0853392X     EISSN : 25793071     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jatiswara adalah jurnal peer-review yang diterbitkan oleh Fakultas Hukum Universitas Mataram, merupakan Indonesian Journal of Law sebagai forum komunikasi dalam studi teori dan aplikasi dalam Hukum Berisi teks artikel di bidang Hukum. Tujuan dari jurnal ini adalah untuk menyediakan tempat bagi akademisi, peneliti, dan praktisi untuk mempublikasikan artikel penelitian orisinal atau ulasan artikel.
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Articles 11 Documents
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Search results for , issue "Vol 31 No 1 (2016): Jatiswara" : 11 Documents clear
Kedudukan Hukum Baitul Mal Wat Tamwil (BMT) Sebagai Lembaga Keuangan Bukan Bank Dengan System Syariah Atin Meriati Isnaini
Jatiswara Vol 31 No 1 (2016): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

Indonesia as a State law and State unity that holds the principle culturally diverse that were in fact very diverse religious, ethnic, racial and cultural but Indonesia as a unitary state which berasaskan Pancasila which hold tight and fast to the precepts contained in the Pancasila that one of them is deity maha esa enshrined in the teachings of the religion freely without any act of interference from other religions and coercion by the lainuntuk realizing one of the teachings of Islam are shaped muamalah in Indonesia, the more the growth of Islamic banking and even various kinds of institutions of sharia also appear good in the form of islamic banking or non bank financial institutions in the form of sharia and one of these institutions is the Baitul Maal Wat Tamwil (BMT) from this background that emerges issues How is the legal position of treasury watamwil as financial and economic institutions in the community is not a bank and Any excess treasury wat tamwil compared with other financial institutions in the form of non bang sharia as for the method used in this paper is a normative research methods. Then after that lists several studies theories related to this problem include the theory of rule of law, justice theory and the theory of the enactment of Islamic law. later in the discussion presented on the definition of non bank financial institutions offensive sebahgian or some form of non-bank financial in the form of sharia among BMT coopertive sharia state its legal basis to determine the legal position of Islamic banks themselves in the discussion of the second half saw the advantages BMT itself compared with islamic financial institutions instead of another bank and it can be seen that the excess is other than in the form of financial management in the form of microeconomics is also engaged in social field with the aim to help the community (Ummah) who needs assistance such as charities or Called Amil zakat (CAZ) and other social activities and draw conclusions as the answer to the above problems
Implikasi Hukum Peningkatan Status Hak Guna Bangunan (HGB) Dan Hak Pakai (HP) Atas Rumah Tinggal Obyek Hak Tanggunganmenjadi Hak Milik Terhadap Kreditur Arba -; Arief Rahman Hakim; Muhammad Umar; Wiwiek Wahyuningsih; Shinta Andriyani
Jatiswara Vol 31 No 1 (2016): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

This research aims to study the legal implications of Status change from the Right to Build and theRight to Use to become the right of ownership over a mortgage object for Creditors. This is a normative-empirical research, i.e. research which is seeking to discover legal values, norms, concepts, its application, and the legalimplications of the status change of the right. This research applies normative and socio-legal approaches. Normative approach itself applies statute, conceptual, and analytical approach. Meanwhile, socio-legal approach itself applies social and economic approach. The legal material resource of the research is literature data which consist of primary, secondary and tertiary legal material, meanwhile the field resource of it are primary and secondary data.Any legal actions or action law will lead to an implication of law or legal consequences. Legal actions or changes or improvement HGB/HP became to HM will lead to abolishment of the land rights and legal status of the land rights into state land, so that all the rights of other parties that are attached to the land rights had previously been removed. For that to holders of HT does not feel disadvantaged, then in the BPN Head Regulation No. 5 of 1998 has been set clearly on the protection of the law and the rights of creditors Mortgage holders.
Pengawasan DPRD dan Kendala-Kendala yang Dihadapi Terhadap Pengelolaan Keuangan Daerah AD Basniwati
Jatiswara Vol 31 No 1 (2016): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

Law No. 32 Year 2004 on Regional Government , gives broad authority to autonomous regions to organize Regional Government . With such authority , giving an opportunity for the region to explore and exploit all the potential that exists for the welfare of the people . In contrast with broad authority , also open opportunities for abuse of governmental authority , thus requiring supervision. With this research conducted , in hope will provide more advanced impact on the concept of financial management oversight by the Regional Chief and Council , so the possibilities are not in want will be solved as soon as possible . The method used in this study is a research method that uses normative law approach and conceptual approach , by conducting periodic review - review of the regulations in order to answer the law or which deals with issues that are relevant to the subject . Based on research conducted found : a. The shape of the Parliament supervision of financial management in achieving good local governance . b . Factors that constrain the supervision of Parliament for the area of financial management.
Penerapan Undang-Undang Nomor 14 Tahun 2005 Terhadap Pelaksanaan Sertifikasi Guru Di Kota Mataram Hj. Zohriah
Jatiswara Vol 31 No 1 (2016): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

This study is only aimed at the implementation of the Civil Service certification for teachers in Mataram, starting from the teaching profession allowance arrangement pursuant to Law No. 14 Year 2005, Application of the Law No. 14 Year 2005 in Mataram and the various constraints in the implementation of the Law Law Number 14 Year 2005 in Mataram and proposed solutions to overcome the stretcher. The results of this study found the insinkronisasi the Government Regulation No. 41 of 2009 by the Ministry of Finance (PMK) are used as guidelines in the payment of teachers' professional allowance. It also found the vagueness of norms in Article 35 paragraph (2) of Law No. 14 Year 2005. Although Law No. 14 Year 2005 effective as expected, but there are some obstacles in the implementation of Law No. 14 Year 2005 on the city of Mataram. The solution is that the Minister of Finance to follow the provisions of the Government Regulation Number 41 Year 2009, which ordered that the payments be paid every month teacher certification. To resolve the conflict norms in Article 35 paragraph (2) of Act No. 14 of 2005 so as not to harm the teacher is required to revise Law No. 14 Year 2005 on Teachers and Lecturers, in particular Article 35 paragraph (2) in order to sync with Article 35 paragraph (1).
Peran Badan Narkotika Provinsi Nusa Tenggara Barat dan Polisi Resort Kota Mataram Dalam Menanggulangi Pengedaran dan Penyalahgunaan Narkoba Syamsul Hidayat
Jatiswara Vol 31 No 1 (2016): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

Drug trafficking is very disturbing society. Not only teenagers and young adults who fall in drug use, but also parents who in fact should be understood the dangers of drugs. Focus issues raised this study the role of the National Narcotics Agency of West Nusa Tenggara and Police Resort Kota Mataram in tackling trafficking and drug abuse. These results indicate that the role of the National Narcotics Agency West Nusa Tenggara Province in tackling drug trafficking and abuse and consists of: Supply control is an integrated effort negate the availability of narcotics in the market or in the community. Demand reduction is an integrated effort that is rehabilitative and. Harm reduction is an effort by the activities of a rehabilitative intervention to victims or users who have ketergantungan.Upaya Mataram Police in tackling the narcotics criminal offense in Mataram emphasize the prevention without the use of criminal law, prevention is done by the method of legal counseling, awareness and also education of the public.
Eksistensi Majelis Permusyawaratan Rakyat Republik Indonesia Pasca Perubahan Undang-Undang Dasar Republik Indonesia 1945 Rusnan -
Jatiswara Vol 31 No 1 (2016): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

Before the reformation, the authority of People’s Advisory Assembly of Indonesia Republic (MPR-RI) given by the 1945 Constitution was so centered only to this institution, that there was not check and balance among the structures of state institution that enables for democracy. The reformation spirit, starts an effort to do restructuring in the state institutions, especially, MPR. It aims to minimize or limit the duty and authority of MPR in order to achieve democratic atmosphere and give the priority to checks and balances and to resume the people’s power fully to the people’s hand. This was based on the consideration that this research attempted to find out the norms and legal theory about the existence of MPR authority. according to the new the 1945 Constitution, MPR was changed from the highest state institution to be equal to the other state institutions (DPR, DPD, President, BPK, and the Institution of Justice, namely, MK MA, and KY). The MPR authority was limited in three main cases: changing and deciding Constitution (Article 3, subsection (1)); second, administering President and/or Vice President (Article 3, subsection (2)); and third, dismissing President and/or Vice President in the period of their position according to Constitution (Article 3, subsection (3)). Thus, MPR did not elect and administer President but it just inaugurates President. This direct Presidential election gave the effect that the President is responsible to the people directly, not to MPR. The Duty of MPR, which also decides on the GBHN, was removed because in this system the President made the programs him self, not made by MPR.
Aliran Feminisme Modern dan Aliran Feminisme Menurut Islam Sri Hariati
Jatiswara Vol 31 No 1 (2016): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

Feminism is the ideology developed by the Western Europe in order to fight for equality between the two types of people: men and women. Their goal was to demand justice and the liberation of women from the shackles of religion, culture, and other living structure. The term feminism or gender is often called, according to Dr. Mansour Fakih, no description is able to explain briefly and clearly. They want separation of gender and sex. That is, by nature do not matter but the nature of it that need attention. For them, the concept of gender that is an inherent nature of the opponent men and women who are socially and culturally constructed. For example, it is known a gentle woman, beautiful, emotional, or motherhood. While men are considered strong, rational, manly, powerful. As according to Oakley (1972) in Sex, Gender, and Society, gender differences are not biologically meaningful, and not the nature of God. Biological differences are differences in gender (sex) which is the nature of God, and therefore are permanently different. As gender is a difference in behavior (behavioral differences) between men and women, the differences are not natural or not the provisions of God, but was created by humans through social and cultural processes that long. Therefore, a gender change from time to time.
Logika Hukum Dan Terobosan Hukum Melalui Legal Reasoning Ni Luh Putu Vera; Nurun Ainuddin
Jatiswara Vol 31 No 1 (2016): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

This study aims to assess the role of legal logic in interpreting the law to achieve a fairer legal process law enforcement and beneficial to society. To obtain the materials needed, this research uses normative research approach to the laws (statute aproach). The results showed Logic law or legal reasoning as a method or system in order to process law enforcement or legal decision making based on the interpretation of the law due to the vagueness of the law went so well that the purpose of the law to achieve legal certainty, fairness and expediency can be achieved. Decision making legal and law enforcement done arbitrarily, not through rationalization correct and did not use a coherent legal interpretation, will make a breakthrough law will be the law of accident.
Kebijakan Penggunaan Tenaga Kerja Asing Di Indonesia Lalu Adhi Adha; Lalu Husni; Any Suryani
Jatiswara Vol 31 No 1 (2016): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

Increased globalization encourage the movement of capital and investment flows across the world, there is also a migration of people or movement of labor between countries. The labor movement took place because of the investments made in other countries generally require direct supervision by the owner / investor. Correspondingly, in order to maintain continuity of business and investment. To avoid legal problems as well as the use of foreign labor is excessive, then the Government must carefully determine the policy (policy) to be taken in order to maintain a balance between foreign workers (foreign capital) with domestic labor. Therefore, in this paper, researchers have found -ketentuan legal provisions that have relevance for regulating the use of foreign labor and to analyze the regulation of keberlakuanya juridical aspects, As Intended use of foreign labor is to meet the needs of skilled workers and professionals in the field certain that can not be filled by the Indonesian labor and accelerate the process of national development by accelerating the transfer of knowledge and technology and increase foreign investment as supporting development in Indonesia. The results of this study certainly expected to be on particular subjects Employment Law at the Faculty of Law of the University of Mataram and, if possible, may be on the improvement of regulatory and policy issues -kebijakan the Utilization of Foreign Workers in Indonesia both national and local scale.
Penegakan Hukum Persaingan Usaha Di Negara Berkembang Mansur Amin Bin Ali
Jatiswara Vol 31 No 1 (2016): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

The development of international economic very dynamically not only regulate international economic regulation but also for national competition law aspects. It is have relation with state sovereignty in law enforcement affairs. The sovereignty Indonesia as a state to regulate competition law is right of Indonesian as international subject law. But the entity of other state have opportunity to appellate the regulation of a state through national legal mechanism. Further that the decide of commission of competition law in Temasek case as realization of state sovereignty that recognized by international law and Singapore has obliged to respect to these decide.

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