Lex Jurnalica (Ilmu Hukum)
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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519 Documents
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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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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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:Â 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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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 AnalysisÂ
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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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 â€, “better â€, “obviously â€. On the contrary, order about safety and job health constitutes “ instruction †or “ prohibition â€. 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
Kepailitan Suatu Solusi dalam Memaksimalkan Penagihan Piutang Kreditur
Lex Jurnalica Vol 6, No 3 (2009)
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The world recession often brought the impact on the business world. The bankruptcy was some resulting from the existence of this recession that happened because of the emergence of the dispute of the debt debt as a result of could not pay his debt. The bankruptcy was the solution to resolve this problem because the bankruptcy gave the assurance for the Creditor to regain his debt but also gave the protection to Debitor so that could divide in a pari manner the bowl to all Kreditornya.Keywords : Bankruptcy, Solution, Return of the Debt.
Pengaruh Sistem Hukum Common Law Terhadap Hukum Investasi dan Pembiayaan di Indonesia
Lex Jurnalica Vol 6, No 3 (2009)
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World jurisdictional system subdivided as Common Law's law system and Civil Law's law system that deep its oftentimes implement impinging and interplay. Globalization has begat pranata's input sentences investment and indigenous finances system sentences Common Law goes to Indonesia that follow Civil Law's system. Its attending is trusts's institute, housings secondary finances, capital market and sekuritisasi in forms EBA that its beginning just amends on State that follow Common Law's law system have regarded investment and finances law at Indonesian one bows the neck to Civil Law's law system, where for its implement require law update because is not easily to do law adoption.Keywords: Jurisdictional System Common Law  Investment Law, Finances Law
Aspek Hukum Kesehatan Berwawasan Lingkungan Hidup di dalam Maupun di luar/Sekitar Pabrik
Lex Jurnalica Vol 6, No 3 (2009)
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An understating of environment oftentimes is obscured on scope that just confines to nature that is at man vicinity, eventually that intended environment covers also man, both as individual, and also societies in community man with all behaviour it to nature. Oftentimes too reputed environment as natural resources that don't circumscribed, so gets to be utilized and is exploited without think up its viability in the future. Either one executed development impact effloresce states, with emphasis on development industrializes, as one of step wends welfare state (walfarestate), without think up environment viability, have caused its damage ecosystem and be troubled sanitasi environment. Factories industrial development have to notice 2 (two) thing which is: first, labour health / labour those are on in factory, both of environmental health around plant wide. Judicially health aspect at in as well as outboard / at industrial park vicinity was given clear base by UU Number 23 Years 1992.Keywords: Healths Jurisdictional Apect, Environment, Regulations Government
Peranan Lembaga Peradatan Negeri dalam Penyelesaian Sengketa Tanah di Kecamatan Amahal Maluku Tengah
Lex Jurnalica Vol 6, No 3 (2009)
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Custom society have common law to be upheld deep shaped institutional custom, one that manage harmonious interaction among their with its ecosystem. As one of it is that still available at Moluccas Society, notably Moluccas society Intermediates that until now still gets to hold firmness to all tatanan tradition that constitute preceding forbear inheritance, If dispute happening among custom society citizen, therefore for common law society, dispute solution via non jurisdiction and working out via custom jurisdiction institute is constitute option that most commonly. conclusion who writer can pass on is as follows, that happening conflict in a general way is soiled dispute because of woolly earth bounds. Then used to law solves in a general way konflik–konflik common law society happening district Amahai is with extrajudical dispute solution terminological common law system that is gone upon on peace and harmony in society life. Keywords: Institute,Custom Country, Conflict
Penyelesaian Klaim pada Asuransi Kendaraan Bermotor Melalui Badan Mediasi Asuransi
Lex Jurnalica Vol 6, No 3 (2009)
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Insurance or about responsibility is indentured among two parties or more by which underwriter party fasten self to the insureds by accept insurance premiums to give substitutions to been taken on because loss, damage or expected gain loss, or takes on jawah law to third party who may will suffer evoked the insured of a scene that not absolutely, or to give a payment that didasarka on dies or its life someone which be underwritten (section 1 sentence (1 ) UU No. No. Years 1992). In motor vehicle insurance agreement not close its happening possible dispute, that dispute usually in term claim which because of the insured party and also the insurer. One of the ways penyelesian that dispute is through Warm Up Mediasi Indonesia Insurance (BMAI). Mediasi's body Indonesia Insurance (BMAI) constitute an independent body that have mediator mediator what does commisioned independent to perform insurance claim dispute working out among reassured with underwriter. Insurance claim dispute is dispute among the insured with the insurer that reverential one of the parties not carry on deal already being made with every consideration or even because available party that wanprestasi, so disadvantages one of the parties. Dispute working out procedure motor vehicle insurance claim via 2 phases which is phase mediasi and ajudikasi's phases. If dispute gets most solve at mediasi's phase therefore finish dispute, on the contrary if dispute can't be solved at mediasi's phase therefore its working out is drawned out to ajudikasi's phase. Are not all claim dispute can thru solve Mediasi's Body Indonesia Insurance (BMAI) since exists requisite who shall be accomplished by the insured. Although that requisite were accomplished, are not close possible dispute working out process insurance claim via Warms Up Mediasi Indonesia Insurance (BMAI) will be constrained. Keywords: Claim, Insurance, Motor vehicle