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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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Efektifitas Pembalikan Beban Pembuktian dalam Tindak Pidana Gratifikasi
Lex Jurnalica Vol 7, No 2 (2010)
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Abstract

The criminal act gratuity provided for in article 12 paragraph B (1) letter a reversal of the burden of proof be the basis, but in the formulation of the core offense listed in full implications of mandatory prosecution to prove the offense formulation. This study aims to determine whether the reversal of the burden of proof is the obligation or right of the receiving gratuities. In addition, research was done in order to determine the effectiveness of the application of Article gratification of article 12 paragraph B (1) letter a of Law Number 20 Year 2001 regarding Amendment to Law Number 31 Year 1999 on Eradication of Corruption Criminal Acts. The method I use in this study is to perform normative and empirical legal research. Where the nature of this paper is descriptive. The author uses primary data, secondary data and tertiary data to complement those of the authors. Then from the existing data in the end the authors analyzed the data qualitatively. The conclusions of this study is the first reversal of the burden of proof is the right of receiving gratification as the core offenses in the formulation of article 12 paragraph B (1) of Law 20/2001 included the element "associated with the position and contrary to the obligation or duty". Given these elements it is the duty of prosecutors to prove the elements, but as stipulated in article 37 paragraph (1) Act 20/2001 defendant has the right to prove that he is not committing corruption. second, Article 12 B (1) letter a of Law 20/2001 was never used by prosecutors in the prosecution because the formulation of the Article imprecise and vague that the prosecutor demanded the matter of gratification to use other passive bribery article because gratuities included type of passive bribery is accepted bribesKeywords: Gratification, Criminal Act, Proofing
Tinjauan Yuridis Terhadap Abandonemen (Penyerahan Hak Milik Atas Benda Pertanggungan) dalam Hal Penyelesaian Klaim Asuransi Rangka Kapal (Marine Hull Insurance)
Lex Jurnalica Vol 7, No 2 (2010)
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Abstract

Insurance is a bilateral agreement in which the first party as an insured to pay the insurance premiums to the second party as the person who is willing to bear the losses suffered by the goods or services of value arising from the insured property. Development of marine insurance relating to the implementation of the transport or shipping is done through a sea full of marine hazards. In a sense, marine insurance is not just limited to the marine environment only, but will also include terrestrial environments and inland waters (rivers and lakes). The author uses the methods of normative research that focuses on secondary data or literature data as a primary source. From the results of research already done so authors can be concluded that the legal basis of insurance contained in the Book of Acts - Act trademark law (Commercial code), Act - Act 2 of 1992 concerning insurance undertakings. Marine insurance basically guarantees loss, damage (risk) as a result of the dangers of the sea. With the agreement of the insured's coverage then the risk is taken over by the insurer, provided that the insured must pay premiums for marine insurance. About the dangers - dangers that are borne not only limited to the hazards that occur at sea, but also about the dangers - dangers that can occur canal during transport, such as a fire hazard dipelabuhan. Basically, the insurance must have an element of the insured interests, compensation received shall be in accordance with what has been previously agreed upon closing of insurance, and payment of compensation can only be given after the loss that befell the insured. From these elements, the coverage made by the insurer and the insured would be void if the insured to speculate on the state of things - things that are not trueKeywords: Abandonemen, Marine Hull Insurance, Claim
Pelaksanaan Good Corporate Governance (GCG) dalam Perseroan Terbatas
Lex Jurnalica Vol 7, No 2 (2010)
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Abstract

Good Corporate Governance (GCG) or good corporate governance. GCG is very important for the company. With the implementation of GCG, the management company will run efficiently and effectively, so the impact on, namely: The size of the gains the company, whether or not the Great will be experienced by the company risks that could result in losses, Guaranteed least effective production in the company, and to maintain continuity and kontiniutas effort. The principles of good corporate governance, namely the principle of fairness (justice), transparency (Transparency), accountability (accountability), pertanggungajawaban (responsibility), independency (independen-cy), equality and fairness (fairness), while the implementation of Good Corporate Governance (GCG), the system decision-making by GCG in the Limited Liability Company, Penghindaraan conflict of interest (conflict of interest) shareholders, commissioners and directors. Writing method used is the juridical normative, while the techniques of collecting data obtained from the research literature Keywords: Implementation, Good Corporate Governance, Limited Liability
Implementasi Pengesahan Badan Hukum Yayasan Pendidikan (Perspektif Undang-Undang Nomor 28 Tahun 2004 Tentang Perubahan Atas Undang-Undang Nomor 16 Tahun 2001 Tentang Yayasan)
Lex Jurnalica Vol 7, No 2 (2010)
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Abstract

In Indonesia, one of the factors that make worse the image of education (especially private education) are still many people who establish  foundation of education just to take their own profit without maintaining of their output of it. The purpose of the establishment of the foundations which are originally  social term, then  they  are turned into abuse of some owners  because of lacking of education understanding. Before 2001 in Indonesia, esta-blishment foundations were only based on society  habits and the jurisprudence of the Supreme Court, because there was no rule about it. The facts shows that people found foundations in order to be concealed behind its status  which are not only used as a place to develop social activities, religious, humanitarian, but sometimes it also aimed to enrich themselves (founders, managers and supervisors).  In line with these trends,  then many pro-blems arise, they are related to incompatible foundation activities with intentions and purposes stated in basic budget. Establishment of the foundation is legalized by notarial deed and  then it approved by Minister of Law and Human Rights .It is intended to manage administrative arrangements of endorsement of a foundation as a legal entity ,well. It is important to prevent establishment of the foundation inapropriate way, based on any rule and regulation, procedurall .Keywords: Foundations, Education, Legal Entities
Hukum Responsif dan Penegakan Hukum di Indonesia
Lex Jurnalica Vol 7, No 2 (2010)
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Abstract

AbstractExisting law in Indonesia is still largely dominated by the Dutch colonial legal heritage through its products are now valid with various modifications, equipped with new laws to regulate the newly emerging field later. There is no denying that in the colonial period, the law is not used in a positive function, in the sense of being used for the purpose of the law itself that is to give justice but more accurately described as a colonial tool to strengthen its position and gain legitimacy in punishing the freedom fighters. Law became a sub system of the colonial system so that the law does not have autonomy. In this study the authors want to discuss about how responsive the legal relationship with law enforcement in Indonesia? The purpose of this study was to determine the relationship in the context of responsive law enforcement in Indonesia. The results of this study is expected to bring usability or theoretical contribution in terms of thinking; as a contribution to thought and effort to develop the science of law, particularly relating to the State Administration Law, Philosophy of Law, Legal Theory and Legal Politics. Practical Aspects; research is expected to contribute ideas and information to the general public about the philosophy of jurisprudence and the theory of science, especially in the field of administrative law and politics. The method used in conducting this research is normative juridical approach which focuses on the research literature or data is called secondary dataKeywords: Responsive law, Enforce, Indonesia
Antropologi Hukum dalam Implikasi Undang-Undang Keterbukaan Informasi Publik
Lex Jurnalica Vol 6, No 2 (2009)
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Abstract

Basically UU KIP already Useless on year 2008 well-founded if that to activity will on year 2010, since in common infrastructure it was ready e.g. still marks sense distinctive and discrepancy among UU that with law or regulation about another invitation. By compares among UU KIP with regulation about invitation concerning really very clear that discrepancy, so needs available kesiapan well from State as provider of information with society as user of that information strongly gets to utilize optimal ala information not only as proof as akuntabilitas State promoter also at a swoop as material as otentik's prove. Revamping culture commandinging to provide access to society also tidakla is easily need available kesiapan, such too contrariwise to revamp culture and reviving will the importance for information to society also need effort and time. Mark sense discrepancy possible or the difference principle with regulation about invitation kearsipan pretty much gets to be done by repair or revision that adjusted by more era developing transparent to render Democratic State and good governance manner. For institution relates obviously it needs to think up regulation revision possible about shrimp aught by adjusted requirement and respondent era developing more transparent and akuntabel. Besides, institution also needs think up standard and information type criterion or archives what do may not be accessed by public. Keywords:  Jurisdictional Anthropology, Legislation Regulation, Implication
Kebijakan Pemerintah di Bidang Penanaman Modal Asing (PMA) dalam Rangka Meningkatkan Iklim Investasi di Indonesia
Lex Jurnalica Vol 6, No 2 (2009)
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Abstract

Development at Indonesian by design get new been said is begun since Orde Baru, one that is enlightened deep each Repelita. Development nationaling to constitute exhaustive aware effort nation to lift degree and dignity so on a line with other nations at world. That development performing is alone not only mensyaratkan most actually development authorized capital in savvy most actually natural resourceses, but also given most actually tangible the other capital skill, management ability technology, etc.. On developments early phases, really feels that Indonesian nation ability haven't sufficed to get perform independent ala development. Technological limitation, skill and management ability and financial as serious constraint in development per-forming. To settle that constraint, government invites intern capital to do investment at Indonesian.Keywords: Development, Investment, Regulation
Kajian Pembentukan Hukum Internasional di Komite Antariksa Perserikatan Bangsa-Bangsa (PBB)
Lex Jurnalica Vol 6, No 2 (2009)
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United Nations Commiteee on Peaceful Uses of Outer Space is the first of United Nations Com-mittee which apply using consensus procedures in adopt its decisions.  The result of the Com-mittee and the both Subcommittee (Scientific and Technical Subcommitee and Legal Subcommitee) use this method in adopting five United Nations Treaties on Outer Space and become positive international space law and  have been ratified by some States.  There are several challenge for the implementing of this method such as having much times to make every decisions.  This paper investigates how to implement this method in making decisions.Keywords:  International Law,  United Nations Commiteee, Peaceful
Pelaksanaan Good Corporate Governance (GCG) dalam Perseroan Terbatas
Lex Jurnalica Vol 6, No 2 (2009)
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Abstract

Good Corporate Governance (GCG) is importance for company. With applications GCG, management company will walk efficient and effective, so that affect in, that is: big the so small profit that be got to company, big not it risk that be undergone to company that can evoke loss, well guaranted not it effective production in companies,  and to watch over continuity effort. Wri-ting method that used juridical normatif, as to data collecting technique is got from literature watchfulness. As to principles gcg, that is justice principle (justice), transparancy, accountability, responsibility, independency, equivalence and spontanity (fairness), while execution good corpo-rate governance (gcg), decision making system follows gcg in limited liability, conflict of interest stockholder, commissioner,  and management.Keywords: Good Corporate Governance, Management Company, Principles
Perlindungan Hak Mewarisi Seorang Anak Hasil Perkawinan Ijab Qabul Tidak Tercatat pada Hukum Negara
Lex Jurnalica Vol 6, No 2 (2009)
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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 le-gal 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 (yuris-prudensi) that provide inherated right to child from private covenant of marriage.Keywords: Marriage, Law Protection, Inheritance

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