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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.
Arjuna Subject : -
Articles 519 Documents
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Perlindungan Hak Mewaris Seorang Anak Hasil Perkawinan Ijab Qabul Tidak Tercatat pada Hukum Negara
Lex Jurnalica Vol 8, No 1 (2010)
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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
Tinjauan Yuridis Terhadap Perjanjian Penunjukan Model Iklan Sebagai Perjanjian Baku
Lex Jurnalica Vol 7, No 3 (2010)
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Abstract

Ads or billboards can not be separated from the role of an advertising model. Advertising model may be images or photographs used by the company's ad maker in order to support the needs of promotional activities in order to support ad creation needs of promotional activities. In the ad shown the face of the model is considered very valuable because of the ad model can provide a factor selling points of the product being promoted in society, usually because the model is exactly what advertising can attract buyers to purchase products offered or promoted in addition to the benefits products offered in the community. Therefore very important role model because the ads will need to be protected the rights of the advertising model. Therefore, this study will discuss how the form of legal protection against the model in the agreement appointing ad model? And How the legal settlement mechanism if any dispute arises between the parties with the agency model? The purpose of this study is to investigate and explain the forms of legal protection given to the model in the agreement appointing the advertising model, and to know and explain the mechanisms of legal settlement if any dispute arises between the parties with the model agency. This type of research is a normative study. This is because the authors conducted a study of legal principles, especially the principle of good faith engagement used in the employment agreement between the model with the agency. The author also conducted research on the positive law that is written against the rules of existing law and life in societyKeywords:  Standard, Contract, Agency
Kepailitan Suatu Solusi dalam Memaksimalkan Penagihan Piutang Kreditur
Lex Jurnalica Vol 7, No 3 (2010)
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Abstract

World recession much impact on the business world. Bankruptcy is one result of the recession that occurred since the onset of debts due to the dispute are unable to pay its debts. Bankruptcy is a solution to solve these problems because of bankruptcy give assurance to creditors to recover receivables and also provide protection to the debtor in order to divide the pari pasu to all creditors. The purpose of this paper is to discuss theoretically that bankruptcy can be a solution to resolve the dispute debts that can deliver maximum results to return receivables Creditor. Research methods in this paper is the juridical normative, that is by researching the literature, both primary law materials and secondary legal materials. Research is also conducted on the principles of law and rules of law relating to dispute resolution, bankruptcy law and the law of the engagement. Bankruptcy is a way of resolving the dispute by way of settlement, which will be divided budel bankruptcy to its creditors in Parai tubs prorate parte. Bankruptcy as a means of obtaining repayment of debt by the creditor, because quite a lot of creditors while the debtor is not sufficient assets to pay off all creditors. Settlement of disputes between the Debtor and Creditor conducted in a fair, fast, open and effective, where the principle of fairness and legal certainty are the two principles is premised in the dispute settlement debt problems through bankruptcy and Suspension of Payment.Keywords: The Bankruptcy, The Solution, Return of the Debt.
Tinjauan Hukum Atas Perlindungan Pemilik Rumah Kontrakan
Lex Jurnalica Vol 7, No 3 (2010)
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Abstract

The practice of leasing a house plot is more often done based on the principle of faith alone and rarely use the terms black and white binding. So that the parties did not know the details and certainly nothing are its rights and obligations. Especially when there is dispute as a result wanprestasinya by one party, the other will be in a weak position and generally kontrakanlah homeowners who are in a weak position. Issues to be raised in this study, namely: How is legal protection for homeowners who rent out a house rented rented to tenants verbally, how the settlement of disputes between the owner of the rented house with a tenant does not pay rent associated with the rented house, and how responsibility for the maintenance of the rented house leased by tenants of the owner of the rented house. This study uses Normative Empirical Research Methods. The results show, the lease rental house is done verbally in terms of evidence is very weak. In the event of disputes between landlord and tenant house associated with the failure to pay rent by the tenant, to put forward the deliberations and communications of peace, although often the aggrieved homeowners. In terms of responsibility for the maintenance of the rented house, the dominant owner is responsible for heavy damages, while the tenant is responsible only limited to home maintenance, which is limited to clean up the environment.Keywords: Protecting, Home, Rental
Kebijakan Pemerintah di Bidang Penanaman Modal Asing (PMA) dalam rangka Meningkatkan Iklim Investasi di Indonesia
Lex Jurnalica Vol 7, No 3 (2010)
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Abstract

In a planned development inIndonesiacan be said to be a new beginning since the New Order, set out in each Repelita. National development is a conscious effort throughout the nation to raise the dignity that is parallel with the other nations in the world. Implementation of development itself not only requires the availability of capital development in terms of availability of natural resources, but also requires the availability of the other capitals in the form of skills, technology management capabilities, noted that financial and others. In the early stages of development, it is felt that the ability of the Indonesian nation has not been sufficient to carry out the development independently. Limitations of technology, skills and abilities as well as financial management becomes a serious obstacle in the implementation of development. To overcome these obstacles, the government invited foreign capital to invest inIndonesia.Keywords: Development, Investation, Government
Pengaturan Corporate Social Responsibility (CSR) di Indonesia
Lex Jurnalica Vol 7, No 3 (2010)
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Abstract

Corporate Social Responsibility (CSR) or environmental responsibility is in fact the responsibility of every legal person, including corporations. In the event of environmental damage in the operations of the company, then it will go to the jurisdiction. The development of CSR in Indonesia and has been widely implemented five years. CSR applied to activities that touch the social aspects, education, skills training and economic aspects. Settings CSR in Indonesia is expressly provided for in Law no. 25 of 2007 on Investment, Law no. 40 Year 2007 regarding Limited Liability Companies, and Law no. 23 of 1997 on Environmental Management. Writing method used is the juridical normative, while the techniques of collecting data obtained from the research literature Keywords: Regulating, Corporate Social Responsibility, Indonesia 

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