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Lex Jurnalica (Ilmu Hukum)
Published by Universitas Esa Unggul
ISSN : 18580262     EISSN : 18580262     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Lex Jurnalica adalah jurnal ilmiah yang memuat tulisan penelitian dan non penelitian dalam bidang ilmu Hukum, yang diterbitkan oleh Pusat Pengelola Jurnal Ilmiah UEU. Jurnal ini terbit 3 (tiga) kali dalam setahun yaitu pada bulan April, Agustus dan Desember.
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Articles 5 Documents
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Search results for , issue "Vol 7, No 1 (2009)" : 5 Documents clear
Tinjauan Yuridis Terhadap Putusan KPPU No. 05/KPPU-1/2005 Mengenai Penguasaan Pasar (Pelaksanaan Sistem Pelaporan Elektronik Antara Bursa Efek Jakarta dengan PT. Limas Stockholmindo)
Lex Jurnalica Vol 7, No 1 (2009)
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Abstract

Effort emulation in happening business activity because party which do business activity gets gain procurement and remove loss. To that is effort agent utilizes to make the point whatever to get that gain despite makes the point that is utilized gets to evoke emulation not well. Therefore Indonesia government tries to manage that emulation in walking business activity corresponds to specified regulation which is UU NO. 5 Years 1999 about Practice Prohibition Monopolizes and Insanitary Effort emulations. Although UU No. 5 Years 1999 was established and has explicit sanction, extant effort agent that breaches and do emulation not well as case among Jakarta Stock Exchange and PT. Stockholmindo's pyramid in mastery market by undertaking discrimination practice. Writer tries to describe that case and analyses KPPU'S verdict (Effort emulation commission) one that given unto by Jakarta Stock Exchange and PT. Stockholmindo's pyramid, there is method even that is utilized is normatif that gets descriptive character. In system per-forming monitoring  and e reporting  Exclusive as Jakarta stock exchange points directly PT. Stockholmindo's pyramid without give chance to vendor who have performance and as as concept PT. Stockholmindo's pyramid, really in conflict with procedure tender already being established by BAPEPAM(Capital Market Supervisor body) where in that process Stock Exchange Jakarata shall invite vendor or entrepreneur real time's service and Jakarta Stock Exchange pass on system performing IDE e reporting  and monitoring one that agreed-on by BAPEPAM (Capital Market Supervisor body) and Emiten's Association Indonesian to vendor, on chance it also vendor can propose system development concept e reporting  and monitoring , technical facet and price who will be put on to recorded firm that utilizes system  e reporting and monitoring.  In process  that Jakarta Stock Exchange also arranges feasibility study to vendor one that attending. Stock Exchange afterwards Jakarta can point vendor one that will perform both of that system and has to be agreed by attending party and diumukan to publics. Stock exchange Jakarta not do specified procedure by BAPEPAM and does exclusive ala directing to PT. Stockholmimndo's pyramid,   therefore direct directing conduct that dikategorikan can skulduggery or insanitary emulation as arranged in UU No. 5 Years 1999 about Practice Prohibition Monopolizes and insanitary Effort emulations,  where is Jakarta Stock Exchange was evident breach aught elements on section 19 fonts d. by apply discriminatory to other effort agents,  intention from it is pointing direct one be done By Stock Exchange to PT's Jakarta. Stockholmindo's pyramid that begets service firm real time  information  another or so-called vendor don't get chance for competing healthy ala with PT.Stockholmindo's pyramid,eventually vendor that have concept that equals PT. Stock-holmindo's pyramid to performing system e reporting and monitoring. Effect of pointing direct that therefore Jakarta Stock Exchange stricken down by Sanction by an Effort emulation Com-mission commisioned to act explicit effort agent that breach rule on UU No. 5 Years 1999 about Practice Prohibition Monopolizes and Insanitary Effort emulations. Jakarta stock exchange was evident breach section 19(d) UU No. 5 Years 1999 about Practice Prohibition Monopolizes and Insanitary Effort emulations which is discrimination act to other effort agents therefore sanction which be put on to Jakarta Stock Exchange and PT. Pyramid Stockholmindo is by discontinue all electronic reporting system activity with cancel agreement already disepakati by Jakarta Stock Exchange with PT. Stockholmindo's pyramid, sanction that gave by KPPU to Jakarta Stock Exchange and PT. Stockholmindo's pyramid constitute sanction that gets administrative character correspond to kewenangan KPPU, although in UU No. 5 Years 1999 said available pidana's sanctions liable to section 19d. Keywords: KPPU Verdict, Market Mastery, Electronic Reporting System
Pengembalian Kerugian Keuangan Negara yang Dilakukan Secara Tidak Sukarela Berdasarkan Undang-Undang No. 31 Tahun 1999 Jo. Undang-Undang No. 20 Tahun 2001 Tentang Pemberantasan Tindak Pidana Korupsi (Studi Kasus Putusan Mahkamah Agung No. 2257 K/PID/2006
Lex Jurnalica Vol 7, No 1 (2009)
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Abstract

Corruption is act criminal to take state belonging asset so ability loss state its to perform liabilities and takes on answer him in mensejahterakan society. As consequence it corruption begets rights loss society base rights for prosperous. In this paper about problem which will be worked through is why financial disadvantaged return state have to play a part that momentous enforcement criminal acts corruption and how financial disadvantaged return mechanism state which done by ala not voluntary. In arrange this paper, Writer does normatif's research or bibliography research bases primary law material, secondary jurisdictional material and material jurisdictional tertiary. Meanwhile theory those are used in this paper, Writer utilizes Theory of criminal by use of Absolute Theory, Relative theory, and Affiliate Theory, and Asset Return Theory. There is result even of this research shows that financial disadvantaged return state has to play a part that momentous because will impacted direct for gets to recover state finance or state economics and financial loss return state constitutes enforcement system sentences good pidana's ala and civil. meanwhile financial disadvantaged return mechanism state which did by not voluntary by use of two instrument sentence which is instrument criminal and civil instruments. There is tips even Writer in this paper is Statute Corruption ought to manage more about corruption result asset those are on abroad, so will evoke handicap in term their execution and Government has transparent in money management usufructs corruption that paidr goes to exchequer and get widely been laided at the door to public.Keywords:  Corruption, Disadvantages State, Corruption remove
Pelayanan Publik pada Lembaga Pemasyarakatan (Analisa Hukum: Peningkatan Kualitas Sistem Kunjungan di Lapas)
Lex Jurnalica Vol 7, No 1 (2009)
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Abstract

Either one bound up prisoner rights straightforward with public service is accept family visit, jurisdictional counselor, or another particular person. Each it unmitigated prisoner is social being that does ever have the will for associate and gets socialization with society / its community, particularly with indispensable person (family, jurisdictional counselor, associate, churchman, and other as it). Therefore, each prisoner as part of society (public) one that have problem with jurisdictional, regular shall get its rights rights as it were ruled by rule legislation which applies. One of belonging of prisoner and socializing protege terminological PP's rule Number 28 Years 2006 about changes on PP Number 32 Years 1999 about Requisite and Rights performing Procedures WBP IS accept family visits, jurisdictional counselor or person another particular. Right for this prisoner rights at other side constitutes to do bit for Lapas, as one of shaped ministering public of promoter institution state that its activity funded by APBN. Keywords: Public Service, Right For Prisoners,  Law Analysis 
Kajian Atas Putusan Pengadilan Hubungan Industrial Tentang Perselisihan Hak (Studi Kasus PT. Kartika Mitra Sejahtera)
Lex Jurnalica Vol 7, No 1 (2009)
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This research utilize research method sentences normatif with secondary data as source of its acquired data through studi documents. Rights dispute is evoked dispute because tidaj be accomplished right for, effect marks sense distinctive performing or interpretation to legislation regulation rule labor agreement, corporate regulation or labor agreement with. Labor agreement that made by and among PT's employ and entrepreneur. Kartika is Partner sejahtera is labor agreement for time one particular. In its performing apparently evoke rights dispute. Employs litigate entrepreneur at industrial's subjective justice attacks. Employ postulates that entrepreneur has done labor agreement breach for time one particular.  Employ charges to that entrepreneur normatif's rights employ is performed which is pay pay lack because up to work relation happens they accept pay under city minimum wage rule Cilegon and strove for leave rights substitution. To the effect this research is if OHI'S verdict hit labor agreement state for time one particular that changes over to go to Statute appropriate jobholder manpower, what arithmetic about payment lack wages and right for leave which decided by industrial's relationship justice corresponded to labours Law. Keywords: Subjective Justice Verdict Industrial, Rights Dispute, Employer
Implementasi Undang-Undang Keselamatan dan Kesehatan Kerja
Lex Jurnalica Vol 7, No 1 (2009)
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Abstract

There are many Indonesia citizen in particular resident at silvan one is opting work as Labour Of Indonesia beyond seas, as at Saudi's Malaysia and Arab, to weigh working as farmer. If don't chance to abroad go to, therefore village resident is opting become labour at metropolises to weigh as farmer. Base Indonesian state constitution, section 27 sentence 2 UUD ’ 45, every citizen really is entitled to work and subsistence that reasonably divides humanitarianism. But of course that citizen can carry on its work with every consideration, therefore needs to be given by protection by state. About problem which will be worked through deep observational it is hit, “What and How forms protection of state to its citizen in ketenagakerjaan's area?” In arrange this research writer uses to methodic normatif's law research.  One that intended with normatif's jurisdictional research is observational jurisdictional bibliographical. With descriptive character because gets form to enlighten or figuring an about problem by use of theories as base as to solve problems. Order hit safety And job health be meant to give protections for employ or labour of instance or adverse labor situation or gets to disadvantage health in order to that someone does work. Order hits safety and health job not know word as “ ought to ”, “better ”, “obviously ”. On the contrary, order about safety and job health constitutes “ instruction ” or “ prohibition ”. Employer that doesn't ac-complish to command or employer that ignore its sanction prohibition be been threatened by criminal coop or fine.  Keywords: Implementation, Health,  Working Safety Law

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