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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 3 (2016): Jatiswara" : 11 Documents clear
Pelaksanaan Surat Kuasa Membebankan Hak Tanggungan di Koperasi Simpan Pinjam Swastika Mataram Putu Ayu Cattelya Asri Yanthi
Jatiswara Vol 31 No 3 (2016): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

The purposes of this study were to analyze the implementation of the power of attorney imposing mortgage right, to analyze the factors that affect the implementation of the power of attorney imposing mortgage right at Swastika Credit Unions Mataram, and to analyze the dispute resolution process of the power of attorney imposing mortgage right if it was not registered as a deed of mortgage right at Swastika Credit Unions Mataram. The method used was normative-empirical law research, using law approach, concept approach, and sociological approach. The data analysis used was qualitative in order to gain clarity and truth so as a clear picture of the issues examined is obtained. These results indicated that the implementation of the power of attorney imposing mortgage right at Swastika Credit Union Mataram began by submitting an application by the debtor. The factors that obstructed the implementation of the power of attorney imposing mortgage right at Swastika Credit Union Mataram were (1) the inhibiting factor of both creditor and the debtor, and (2) the inhibiting factor of the National Land Agency Office. The dispute resolution process of the power of attorney imposing mortgage right performed by Swastika Credit Union Mataram was toward the mechanism of giving a warning letter to the debtor.
Efektivitas Penerapan Kompilasi Hukum Islam Dalam Penyelesaian Perkara Perceraian Israfil -
Jatiswara Vol 31 No 3 (2016): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

This research uses juridical sociological approach which study about the norms of law that used to solve divorce cases and the norms’ implementation toward judge’s concideration in giving adjudication. Besides, it study the causal factors of divorce cases in Dompu and kind of law concideration that apllied in judge’s adjudication. The source of data are collected from related documents, recorded interview with the judges and people in Dompu who have an experience of divorce in Dompu, West Nusa Tenggara Barat and know the causal factors of the divorce. Result of the research shows that divorce cases in Dompu is increases from year to year since 2013, which numbers of divorce cases are 479 cases (17.91%). On 2014 the numbers are 691 divorce cases (25.85%). On 2015 the amount are 719 cases (26.89%). Moreover, on 2016 the amount are 785 cases (29.35%). Those divorce cases consists of talak divorce and suit divorce. There are some factors which causes the divorce which gets from Religious Court of Dompu. First is cheating that make the couple in the quarrel all times. Second is one of the couple who works as Indonesian workers overseas (TKI/TKW) which should leave his wife or her husband in a long time.the third factor is the husband cannot fulfill the money for household expenses for his wife and children so the wife bring a lawsuit to the Religious Court of Dompu. Those factors are new tendencies in Dompu along the development of technology especially communication technology. The example is the use of hand phone. This device ease a person (husband/wife) communicate with someone who they cheated with and make a secret love relationship since by using hand phone, the wife or husband will be hard to find out that relationship.
Penerapan Asas Kebebasan Berkontrak Dalam Perjanjian Transfer Pemain Sepakbola Profesional Berdasarkan Kitab Undang-Undang Hukum Perdata dan Peraturan Keolahragaan Roziyadi Sakarisman
Jatiswara Vol 31 No 3 (2016): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

This study was conducted to analyze the agreement used in the process of player’s transfer based on the principle of freedom of contract and the obstacles encountered in the implementation of contract manufacturing for professional players. The method used in this study was a empirical normative legal research, by using the statute approach, concept approach and case approach. The results showed that the written contract made between players and the club showed the existence of freedom of the parties in making the contract, in which the parties have made a contract with the evidence of a signature by the parties. As for the obstacles in the process of professional players’ transfer were the factor of age or minors, financial shortages and the number of players injured at the time when the transfer was opened.
Perlindungan Hukum Terhadap Hak Pekerja Atas Perolehan Jaminan Sosial Tenaga Kerja Muhammad Zainuddin
Jatiswara Vol 31 No 3 (2016): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

Social security is a right of everyone, without exception, including workers / laborers as the provisions of Article 28H paragraph (3) of the Constitution of 1945, which reads; "Everyone is entitled to social security that allows development of his or her self as dignified human beings," as well as the mandate of the Declaration of the United Nations (UN), 1948 on Human Rights, and has also affirmed in the Convention on the International Labour Organization (ILO) No. 102 of 1952, which recommends that all States to provide minimum protection to all workers. In the decree of the People's Consultative Assembly of Indonesia Number X / MPR / 2001, to determine the tasks the President to form the National Social Security System in order to provide a comprehensive social protection and integration. On February 17, 1992, the government put forth Law No. 3 of 1992 on Social Security Workers (State Gazette of the Republic of Indonesia Year 1992 Number 14, Additional State Gazette No. 3468), to provide protection to every worker / laborer as the right of every person without exception. However, the right of workers / laborers to obtain workers' social security that provides protection against occupational accidents, illness, pregnancy, maternity, old age and death, is only obtained if the employer where workers / laborers to the Organizing Body, namely PT. Social Security, as stipulated in the provisions of Article 4 paragraph (1), which determines that; "Program of social security referred to in Article 3 shall be realized by companies for workers who perform work in labor relations in accordance with the provisions of this law."
Implementasi Asas Kebebasan Berkontrak dan Asas Keseimbangan Terhadap Perjanjian Pembiayaan Kendaraan Bermotor Yudhi Setiawan
Jatiswara Vol 31 No 3 (2016): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

This study was conducted to analyze the agreement used in the process of player’s transfer based on the principle of freedom of contract and the obstacles encountered in the implementation of contract manufacturing for professional players. The method used in this study was a empirical normative legal research, by using the statute approach, concept approach and case approach. The results showed that the written contract made between players and the club showed the existence of freedom of the parties in making the contract, in which the parties have made a contract with the evidence of a signature by the parties. As for the obstacles in the process of professional players’ transfer were the factor of age or minors, financial shortages and the number of players injured at the time when the transfer was opened.
Konsep dan Implementasi Corporate Social Responsibility (CSR) Pada Perbankan Syariah Muhammad Imam Purwadi
Jatiswara Vol 31 No 3 (2016): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

Corporate Social Responsibility (CSR), has become an interesting issue both in social and development sectors for many parties. It makes Corporate Social Responsibility (CSR) is increasingly debated as the issuance of various regulations of the Republic of Indonesia government. CSR is an approach in which companies integrate social concerns in their business operations and in their interaction with stakeholders based on the principle of voluntarism and partnership. In Indonesia, the obligation to implement CSR not only imposed on the State Owned Enterprises (BUMN), but also on the companies to undertake the community development, either in the social, educational, economic, environmental and health aspects. Through UU No. 40 Year 2007 concerning Limited Liability Companies and UU No. 25 Year 2007 on Investment, any company or investor is required to perform an implementation of corporate responsibility efforts that have been budgeted and accounted as expenses of the Company. Islamic Banking as a company that is subject to the UU No. 21 Year 2008 concerning Islamic Banking and UU No. 40 Year 2007 regarding Limited Liability Company, is the company that runs the programs and policies of the State in the economy and social welfare through the efforts of Islamic banks that is subject to the investment law, as stipulated in Law No. 25, Year 2007, concerning Investment. In UU No. 21 Year 2008, concerning Islamic Banking, stated that Islamic banking in its function aims at supporting the implementation of national development in order to enhance the justice, solidarity and equitable welfare. As one of the objectives of the implementation, Islamic banking can perform its social function in the form of Baitul Mal (treasury), which receives funds from zakat, donation, charity, or other social funds and distribute them to the community. In its social mission, Islamic banking has financing product namely qardhul al-hasan. This product can be categorized as a form of social responsibility (CSR) of Islamic banks which cannot be obtained from conventional banks. Thus, al-qardhul hasan as a social function of Islamic banks is very strategic in the effort to realize the public welfare through Islamic economy instruments.
Penghinaan dan Pencemaran Nama Baik Sebagai Fenomena Kebebasan Bersosialmedia Dalam Persepektif Cybercrime Armansyah -
Jatiswara Vol 31 No 3 (2016): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

Developments in science and technology can lead to rapid high-techcrime (cybercrime). It is characterizedby the emergence ofvarious forms oftechnological innovation is one of Interconnected Network, popularly referred internet. Libel cases occur as a result of the abuse of freedom of social media can be trapped in addition to Criminal Act (Kitab Undang-Undang Hukum Pidana) and Act Number 11 Year 2008 About Information and Transactions Electronics (UU ITE).
Keabsahan Fatwa Dewan Syariah Nasional Dalam Penyelenggaraan Asuransi Syariah Di Indonesia Atin Meriati Isnaini
Jatiswara Vol 31 No 3 (2016): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

Once the importance of the DSN to be used as guidelines for conducting business review Takaful, which contained hearts DSN-MUI Fatwa No.21 / DSN-MUI / X / 2001 Guidelines for General Takaful, the fatwa issued regulations Yang BECAUSE THERE IS can be used as guidelines to review the activities run Takaful. But the DSN-MUI fatwa are NOT have the legal force of the National Legal hearts hearts BECAUSE including legislation in Indonesia.Penelitian Singer-focused normative juridical validity showed to the National Sharia Board Fatwa Council of Ulama Indonesia, WITH approach using legislation and approach conceptual. Validity DSN - MUI can be the apparently hearts some ASPECT; First, DSN - MUI NOT known hearts of Law No. 12 of 2011; Second, DSN - MUI is a prayer One source of national law; Third, sociological Operates keberlakukan DSN - MUI accepted by All elements of the nation and gatra. But the validity of DSN - MUI still has drawbacks.
Penyelesaian Sengketa Keputusan Tata Usaha Negara Melalui Upaya Banding Administratif Abdul Khair; Sunarjo Edy Siswanto; Sarkawi -; Muhammad Saleh
Jatiswara Vol 31 No 3 (2016): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

The purpose of this study was to determine and analyze the dispute resolution process KTUN through appeals of administration according to Law Number 51 Year 2009 regarding the Second Amendment to Law Number 05 Year 1986 concerning State Administrative Court and to know and analyze the strengths and weaknesses in the process dispute resolution through an administrative appeal case in Indonesia. This research is a normative empirical research, the method of approach to legislation, analytical approach. The results of the study are as follows: (1) The process of dispute resolution KTUN through the efforts of Appeals Administration according to Law Number 51 Year 2009 regarding the Second Amendment to Law Number 05 Year 1986 regarding Administrative Court Negaraialah dispute resolution TUN administratively conducted by agencies supervisor or other agencies from issuing the decision in question. Administrative appeals procedure is done by filing an administrative appeal letter addressed to the head of an official or other agencies and bodies / administrative official of the State which issued a decision that the authority to examine the disputed KTUN (SEMA 2 of 1991 dated July 9, 1991). Judging from the elucidation of Article 48 of Law Administrative Court, there are two categories of institutions / agencies authorized to deal with the Administrative Appeal, namely: (a) Agencies supervisor of officials who issued KTUN and; (B) any other authorized. While Strengths and Weaknesses in the Settlement of Disputes through the Administrative Appeals Efforts in Indonesia is; (1) Ratings administrative effort carried out fully against an administrative decision both in terms of legality (rechtmatigheid) as well as aspects Opportunitas (doelmatigheid) (2) the Parties are not faced with the decision win or lose (Winor Loose) as well as in the judiciary; (3) approach to dispute resolution is done with deliberation; (4) The trial is simple and quick no such formality in the Administrative Court; (5) There is no need to pay money matters; (6) Completed at internal concerned agencies; (7) An appeal is not bound to wear procedural administrative proceedings such as in the Administrative Court; (8) Do not need a lawyer; (9) The decision according to desire of the applicant; (10) Direct executable (strong eksekutorial). Weakness Settlement through the Administrative Appeals Efforts are; (1) At the level of objectivity of the assessment for the Agency / State Officials system that issued the Decree is sometimes associated interests, directly or indirectly, thereby reducing the maximum assessment that should be pursued; (2) There are no definite rules specifically time expired ratings or siding; (3) There is a chance of ignoring the report or appeal an administrative person.
Budaya Hukum dan Pemberdayaan Masyarakat Pengusaha Batik Dalam Rangka Menanggulangi Limbah Batik di Kota Pekalongan Ita Surayya
Jatiswara Vol 31 No 3 (2016): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

Environment and Development have strong correlation. The two of terms can be separable. In Pekalongan, rapid development of batik industry had increased serious pollution due to industries’ bad behaviour, which transfer batik waste to rivers without proper process based on AMDAL standard. UU No. 23 /1997 concerning Management of Environment provides equitable legal framework in supporting to industries to endeavour business activities with friendly environment. However, this thesis analyse that generally big hindrance in legal enforcement of environment lies at human behaviour, their commitment, and discipline to avoid and prevent pollution and environment destruction. The fracture society in social economic with low education level accumulates to lack of knowledge causes despairing society, which in turn to raise no conducive legal culture. The lack awareness in legal culture of society tends to receive any consequence of the bad quality of environment. This is because they believe that batik business is the only source of their life. They have no choose to find another job. Powerless of society is reflected to bad condition of socio-economic of society which reluctant and fracture to any change in their environment so that they loss their self-independence. Poor economic condition cause lack of fund to make installation of waste management. The low of socio-economic refers to poorness raise hopeless. Consequently, society just throw batik waste without proper process. Empowerment as awareness instrument is keyword to anticipate the problem. Improving legal knowledge of society through empowerment is highly necessary to improve positive legal awareness to prevent pollution. Government’s support to society empowerment becoming fundamental issue in analysing the legal culture. This is because through the empowerment, community will build their self-independence. It is important to strengthen societies values into societies involvement in managing natural resource based on legal justice. This program may allow society to have capacity in anticipating environment issues including batik waste problem that threats health and environment as main interest should be protected by law.

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