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SEGI-SEGI POKOK HAM DALAM KUHAP
Said Abdullah
Jurnal LEX SPECIALIS 2010: Edisi Khusus Agustus 2010
Publisher : Jurnal LEX SPECIALIS
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AbstractWhereas in the Criminal Procedure Code has contained the principle of protecting human rights. The existence of the core principles of human rights in the legislation does not make much sense if not protected and enforced by the courtse
KEDUDUKAN DAN KEWENANGAN KONSTITUSIONAL KOMISI YUDISIAL SEBAGAI LEMBAGA NEGARA DALAM SISTEM KETATANEGARAAN INDONESIA
, Nuraini
Jurnal LEX SPECIALIS 2010: Edisi Khusus Agustus 2010
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AbstractThe Judicial Commission is a state agency that was formed after the 1945 amendment to the Constitution. The existence of this Judicial Commission was instituted by Law Number 22 Year 2004 concerning Judicial Commission. The role of the Judicial Commission which is quite strategic in particular constitutional structure: create an independent judicial power over the nomination of Supreme Court justices, and judges to supervise a transparent and participatory in order to maintain and uphold the honor, dignity, and the behavior of judges. The existence of the Judicial Commission in the future to get the proportions because after the Judicial Commission under the 1945 amendments are still in existence under the shadow of the supremacy of the Supreme Court and the Constitutional Court, especially related to the construction and the legal system. In addition, nominating all the good justices to the Supreme Court justices in the Constitutional Court and all through a single door that the Judicial Commission.
ANALISIS KEBIJAKAN MENGENAI KETENTUAN KUHP DAN KUHAP TENTANG HAK-HAK KORBAN KEJAHATAN
Ferdricka Nggeboe
Jurnal LEX SPECIALIS 2010: Edisi Khusus Agustus 2010
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AbstractThat the crime is greatly enhanced both in terms of quantity and its quality. An increasingly complex conditions not only make a lot of conflicting interests. The struggle will be fine but always wanted to under-unite these demands should be coupled with legal protection as a basic struggle to obtain fair treatment for an act or result of criminal act itself. The discovery that the perpetrators of crime as any other human being who should be protected on behalf of human rights more regulated in the Penal Code and Criminal Procedure Code, but viewed from the other side of so many victims that it does not get his rights, whether by conviction of perpetrators of crime victims' rights are met what about the losses suffered by victims, things are not yet properly addressed in the Criminal Code and Criminal Procedure Code as a sense of justice.SimakBaca secara fonetik
BEBERAPA HAMBATAN YANG DIHADAPI HAKIM DALAM PROSES PEMERIKSAAN PERKARA PIDANA KORUPSI DI PENGADILAN NEGERI JAMBI
, Islah
Jurnal LEX SPECIALIS 2010: Edisi Khusus Agustus 2010
Publisher : Jurnal LEX SPECIALIS
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Abstract Judges are required to be fair in deciding a case that they handle this certainly is not easy while the judge meet some obstacles in the process dropped the verdict against the defendant, prior to the defendant's criminal corruption case, there are who think this happened because of political factors, material factors and other things. Of course this gives a bad image of judges and court institutions, so as not to arise to know what the negative impact of these barriers.
PENGARUH DOMINASI PASAR DAN OTONOMI DAERAH PADA EFEKTIFITAS UU NOMOR 32 TAHUN 2009 (Kajian Perspektif Sosio Legal Studies)
M Muslih
Jurnal LEX SPECIALIS 2010: Edisi Khusus Agustus 2010
Publisher : Jurnal LEX SPECIALIS
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Abstract Indonesia community should be able to improve the life of him remember the grace of a great environment as the carrying capacity in the form of sea life, forests, grasslands and other abundant sources of mine. Our Constitution affirms that the natural wealth profusely used to memwujudkan welfare of the community, various policies have been taken to make it happen, but until this moment the poor swabs are not reduced and she became more irony. Policy of regional autonomy that comes with a variety kewenanagan basically aims for each area with its independence is able and willing to improve competitiveness in order to memujudkan welfare of the people through meraeka potential resources have, however unconsciously and tradition we have been accustomed to relying on the practices of capitalism and free markets.On the other hand the condition of the majority of our society in the region solely as an object in the "flow motion" so that the local economy if policy makers are not clever and smart in selecting and sorting policy, the policy of regional autonomy will only be enjoyed by a handful of elites and not change the fate of the people significantly. The birth of "tradition" competition authority periodically that require high cost, makes the position of natural resources (environment) as a strategic capital for the "life" nation and state, became seizure to satisfy the ambitions of an elite group of "five-yearly ritual." (Not a priority for the sake of people who should be empowered). The description in this paper gave birth to pessimism, will keingnan to live more feasible, both economically and health. People in a position sandwiched "is like falling down stairs" as beaten by the capitalists through the foot-hand in Indonesia and its own leaders (local leaders), and therefore government policy through the Environment Protection and Management to be difficult to implement in an optimal fashion.
EKSISTENSI KPK DALAM PEMBERANTASAN KORUPSI DI INDONESIA
Ruslan Abdul Gani
Jurnal LEX SPECIALIS 2010: Edisi Khusus Agustus 2010
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AbstractRegarding the existence of the Corruption Eradication Commission this performance is virtually no doubt when compared with the investigator from the Police and the Attorney General. Already many big cases are successfully resolved by the Commission for Eradication of corruption such as Jambi Mes cases handled by the KPK by dragging a convict Secretary of Jambi Province, by dragging Zedra BLBI Abidin as the convict, the case of procurement of aircraft Heli Kopter in Aceh Governor Abdullah Puteh by dragging as Governor of Aceh, the case that menimpah Members of Parliament who called Al Amin Nasution of the land acquisition scandal in South Sumatra and Riau, and many other major cases successfully handled by the KPK. Unfortunately, behind the success of the Commission for Eradication of Corruption in heavy duty, there are parties who want to institute this body suver been waived .
PERANAN SAKSI DALAM PERKARA PIDANA DILIHAT DARI UU NO.8 TAHUN 1981
Iman Hidayat
Jurnal LEX SPECIALIS 2010: Edisi Khusus Agustus 2010
Publisher : Jurnal LEX SPECIALIS
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AbstractImplementation of Criminal Justice is the enforcement mechanism of the workings of the criminal law began the process of the investigation, arrest and detention, prosecution and trial examination, and the implementation of court decisions. Witnesses presented before the trial was not enough that only one witness, because a witness not a witness (Unus testis nulus testis), it is in KUHAP for in Article 185 paragraph (20), paragraph (3), and paragraph (4), namely that the testimony of a witness is not sufficient to prove that the defendant is guilty of acts that indicted him unless there are other valid evidence and witness testimony is required between these must relate to one another.
PUTUSAN MAHKAMAH KONSTITUSI TENTANG HAK MENYATAKAN PENDAPAT DPR DAN IMPLIKASINYA TERHADAP PEMAKZULAN PRESIDEN DAN/ATAU WAKIL PRESIDEN
, Hermayanti
Jurnal LEX SPECIALIS 2010: Edisi Khusus Agustus 2010
Publisher : Jurnal LEX SPECIALIS
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AbstractThe existence of the constitutional court which determines the requirements of the exercise stating the number Quarum Parliament from 1 / 4 to 2 / 3 through the decision of a judicial review against Article 184 of Law No. 27 of 2009, has opened the space for the Parliament to be able to use the right declare a previous opinion is very difficult to implemented. the use of this right can lead to the impeachment against the president and vice president if there is no indication in violation of law, so there is the assumption that the more easily use the right opinion, will also simplify the process of Presidential impeachment and / or vice president. in this case can be said that the use of our opinion does not necessarily make it easier on the impeachment, and not solely based on the opinion of the House of Representatives concerning any alleged violation of law, but also must involve the judiciary are the Constitutional Court and the People's Consultative Assembly, and also based upon considerations for the broader interests of the nation
TRADITIONAL KNOWLEDGE DALAM SISTEM HUKUM HAK KEKAYAAN INTELEKTUAL INDONESIA
Syarifa Mahila
Jurnal LEX SPECIALIS 2010: Edisi Khusus Agustus 2010
Publisher : Jurnal LEX SPECIALIS
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AbstractIndonesia is a country that has a wealth of biological resources (biodiversity), the second largest after Brazil and2 a wealth of traditional knowledge in the field of medicine that is very diverse. Indonesia's traditional knowledge is developed continuously and is guaranteed if the legal protection it will have a very high economic value, which would certainly boost the economy in Indonesia. This has become a very good opportunity for Indonesia to exploit the potential value of traditional knowledge which has been shown through various processes misappropriation (misuse) by the foreign companies. Traditional knowledge is knowledge developed by indigenous peoples based on tradition or intellectual work. This knowledge includes the methods of cultivation and processing plants, medicine, art, and food-beverage recipes. protection of traditional knowledge is important because it is a source of knowledge related to human life that can be commercialized. One of the important issues relating to intellectual property rights (IPR) today is about the extent to which traditional knowledge is protected. Traditional knowledge has emerged as a new legal problem caused no domestic legal instruments capable of providing an optimal legal protection of traditional knowledge that is currently widely used by parties who are not responsible.
KEDUDUKAN ANAK ANGKAT DALAM HUKUM WARIS ISLAM DI WILAYAH HUKUM PENGADILAN AGAMA KOTA JAMBI
Abdul Hariss;
, Nurfauzia
Jurnal LEX SPECIALIS 2010: Edisi Khusus Agustus 2010
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AbstractIn the area of Jambi known also foster child. Foster child is a child who clearly origins appointed with the consent of the family of both parties and confirmed by the village head.Adopted children are urgently needed in domestic life that has no biological children and is considered as a child of their own children, but in the future after the adult child or the adoptive parents already have a biological child or the adoptive parents died arise various problems of foster child, both at the time to establish a marriage or in terms of inheritance In Islamic law which is used as the foundation of society customary inheritance law does not define the city of Jambi's adopted son as heir adoptive parents, but in reality there that give step-son inheritance, although eventually when there will be a problem.