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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 8, No 1 (2010)" : 5 Documents clear
Perlindungan Hak Mewaris Seorang Anak Hasil Perkawinan Ijab Qabul Tidak Tercatat pada Hukum Negara
Lex Jurnalica Vol 8, No 1 (2010)
Publisher : Lex Jurnalica

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Abstract

Based on the foregoing with generally accepted theories, it is to argue that a private covenant of marriage is valid according to it’s religion and it is government’s responsibility for providing legal protection.  Therefore, any child born from private covenant of marriage is a legitimate child and shall therefore be entitled to legal protection by government through court’s decision (yurisprudensi) that provide inherated right to child from private covenant of marriage.Keywords: Marriage, Law Protection, Inheritance
Tinjauan Yuridis Tentang Reksa Dana Syariah Sebagai Alternatif Investasi bagi Investor
Lex Jurnalica Vol 8, No 1 (2010)
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Abstract

General meaning of the Mutual Fund Sharia (Islamic Infestment Fund) are not much different from the meaning of Mutual Funds in general. What distinguishes Conventional Mutual Funds Mutual Funds with Shariah lies in its operation, in which the Fund uses the provisions of sharia principles. Mutual Funds in Sharia principles used in the form of contract between owners of capital (rab al-mal) and the Investment Manager (amyl), selection and implementation of investment transactions, and in determining the distribution of results. Islamic Investment Fund is an agency that helps intermediaris surplus units do placements and to invest. One of the objectives of Shariah Fund is to meet the needs of investors who want to earn investment income from a source and a clean and accountable religiously, and in line with Sharia principles. Based on the background have been described, it is at issue is: How does the comparison of Mutual Funds and Mutual Funds Conventional Syariah? How forms of execution of the agreement (contract) in the mechanism of Sharia investment through mutual funds? How is legal protection for investors in Shariah investments through Mutual Funds? The method used in this paper is Normative research methods, with data collection in literature (Library Reseach). In this study, data collection method adopted by the authors is to use a technique reviewers of the sources of data have been obtained and related to the research problem. The study documents (library materials) data collection undertaken by the author is through the written record. By way of seeking data about things or variables such as notes, transcripts, books, newspapers, etc., that there is room library  Keywords: Juridist, Reksa Dana, Syariah
Kedudukan Harta Debitur yang Insolvensi Terikat dengan Perjanjian Leasing
Lex Jurnalica Vol 8, No 1 (2010)
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Abstract

Leasing is a non-bank institutions that are of interest the private sector, through leasing is the private sector helped to finance his company budget constraint again. But how in the event of default by one party to a lease agreement. Status of debitur insolvency wealth tied up in the lease agreement can be openly expressed. In the lease agreement in general, the lessor (lender) is the owner of the goods leasing, the lessee (debitur) is a party that uses the asset or the lease of goods. Risks regarding the leasing of goods is also borne by the lease (debitor). Debtor’s insolvency protection in the property leasing agreement must still refer to protection provided for expressly by the legislation, which is seen in the main clause of the agreement. In the case of a state of insolvency occurs as a result of circumstance the lessee (debtor) who are in the state stops paying or not paying his debts, to settle that the lessee has filed a chord (accord). Curator acts a lessee has the right to directly engange in the management and control of an insolvency property lessor. As an alternative to resolve the insolvency of debtor property in the lease agreement Resistance, Appeals, and Review.Kata Kunci : Debitur, Insolvency, Leasing Agreement
Pelaksanaan Peran dan Fungsi embaga Saksi dan Korban di Indonesia Sesuai Undang-Undang Nomor 13 Tahun 2006 Tentang Perlindungan Saksi dan Korban
Lex Jurnalica Vol 8, No 1 (2010)
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Abstract

In the process of disclosure of a criminal case from evidentiary court stage, the existence and role of the witness is expected. Even be the deciding factor and success in uncovering the criminal case. Without the presence and role of the witness or victim, you can bet a case would be a dark number of the crime. Indonesia despite having the Witness Protection Act and the Victims was enacted on August 11, 2006. But formally, this law is still considered to be maximal in regulating the protection of witnesses and Victims? How the position and role of statutory Act No.13 year 2006 about Protection of Witnesses and Victims? Are the barriers of protection of witnesses and crime victims in Indonesia according to Law 13 Year 2006 about Protection of Witnesses and Victims? In writing this research methode, the authors use the methode of empirical legal research and normative legal research methodes. The end result of this research was the discovery of the fact that the provision of witness protection and victim assistance crime by police and prosecutors are still lacking in practice. This is caused by several factors such as the protection is not known specifically in these two institutions. The absence of the unit that works specifically to provide protection to witnesses and victims in the structure in the structure of the Police and Prosecutor’s so protective measures undertaken by these two institutions is not optimal.Keywords: Witness, Protection, Victims
Dukungan Sub Sistem Peradilan Pidana Terhadap Perlindungan Saksi dan Korban (Eksistensi Lembaga Perlindungan Saksi dan Korban)
Lex Jurnalica Vol 8, No 1 (2010)
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Abstract

In article 173 of Criminal Code, the protection of witnesses and victims not be clearly defined. It gives authority to board of judges to present a witness to testify without the presence of the suspect. The reason is to let witness to speak and  testify in a more spacious and there is no fear or worry. However, the witness  must have a freedom to express some information without fearless While witnesses are people who saw or felt occurrence of a crime, directly. In Article 1 paragraph (1) of Law 13/2006,  explains that witness is a person who can demonstrate to investigation, prosecution, and examination before the court what he/she heard by him/herself, he/she saw, and / or his/her own experience. While, in Article 1 paragraph (2) victim is a person whom suffers physically, mentally, and / or economic loss caused by a crime. Protection against both of them are great importance in the criminal justice process, this is in line with the legal principle set forth in the constitution where all citizens are equal position before the law (equality before the law), this in order to give protection and legal certainty and  to ensure a good criminal justice process (due Process of law) is very necessary to the protect them (witnesses and / or victims). It is to create a clean and fair trial that can give justice in society.  Furthermore, in the preamble the Act mentioned above, said that law enforcer in searching for and in clarifying about crimes often have difficulties because they could not present witnesses and / or victims , because of threatening of  certain parties, physically and psychologically.Keywords: Tool of Testimony Evidence, Protection of Witnesses, Victims Protection Institution

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