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Yustisia
Published by Universitas Sebelas Maret
ISSN : 08520941     EISSN : 25490907     DOI : https://doi.org/10.20961/yustisia.v9i3
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
The scope of the articles published in Yustisia Jurnal Hukum deal with a broad range of topics in the fields of Civil Law, Criminal Law, International Law, Administrative Law, Islamic Law, Constitutional Law, Environmental Law, Procedural Law, Antropological Law, Health Law, Law and Economic, Sociology of Law and another section related contemporary issues in Law (Social science and Political science). Yustisia Jurnal Hukum is an open access journal which means that all content is freely available without charge to the user or his/her institution. Users are allowed to read, download, copy, distribute, print, search, or link to the full texts of the articles, or use them for any other lawful purpose, without asking prior permission from the publisher or the author.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 9 Documents
 1 
Search results for , issue "vol 1, no 1: april 2012" : 9 Documents clear
IMPLEMENTASI SINGLE PRESENCE POLICY (SPP) BAGI DUNIA PERBANKAN DALAM PERSPEKTIF UNDANG UNDANG NOMOR TAHUN 2007 TENTANG PERSEROAN TERBATAS Pujiyono, Pujiyono
Yustisia Vol 1, No 1: April 2012
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v1i1.10592

Abstract

AbstractThe objectives of this research are to know the implementation of Single Presence Policy for Banking in the Law number 40th of 2007 about Limited Company (The Law of Limited Company)  perspective and to know the supporting and resisting factors in  implementation of Single Presence Policy for Banking in The Law of Limited Company perspective. The datas consist of primary and secondary data. The primary data is collected by interview. The secondary data is collected by documentary research. Bank Indonesia region of Surakarta is chosen because its rule as  supervisor and builder public bank  asspecially at Surakarta region. The result of this research shows that the implementation of single presence policy is causing : inquietable at state banking with tree options are offered by government, labour problems and the problem about legal owner and beneciary owner. The supporting  factor in the implementation of Single Presence Policy for world banking in The Law of Limited Company perspective  are : It as media to increase the competitive ratio of Government Bank and it as a tool to gives limitation the domination of private bank by foreign owner. The resisting factors in  implementation of Single Presence Policy for world banking in The Law of Limited Company perspective  are : The law problems, the collision of the Single Presence Policy and the RUPS system in The Law of Limited Company about Single Presence Policy, The accomplishment of minimum core capital, The insiding of PBI no  8/16/PBI/2006 about Single Ownership of Indonesian Banking to Minority Shareholders, and the difficult of applying holding company at Government bank. 
PENGAWASAN TERHADAP SYARAT UMUM DAN KHUSUS DALAM PELAKSANAAN PIDANA BERSYARAT Subekti Budi Utami, Niken
Yustisia Vol 1, No 1: April 2012
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v1i1.10606

Abstract

AbstractThe probation is an alternative conditional independence revocation entity that is intended to avoid some negative impact from the implementation of the criminal in prison. Implementation of probation committed outside the correctional institution with provisions for prisoners on probation must abide by conditions set by the judge requirements to be supervised by a supervisory officer. The purpose of this study is to investigate the implementation of the supervision of general and specific requirements by the supervisory officer in this case conducted by the supervisory judge observer (kimwasmat), prosecutors and Correctional Center (BAPAS). This research was conducted with library research to obtain secondary data and field research to obtain primary data. In conducting surveillance, kimwasmat never touched prisoner probation supervision, citing a judge's limited ability to perform tasks supervisory oversight of all court decisions, in addition to the obstruction of funding is not budgeted specifically for the task. Supervision conducted by the prosecutor is also not running, because prosecutors had handed over control to BAPAS. The supervision by BAPAS is precisely the effective control, because it is done with two-way method, which offenders are required to report to the office of BAPAS for any particular period and given guidance in the form of mental training and skills. Supervising social each month, also visited a client's home with intent to know the development of coaching. Based on data obtained from BAPAS Yogyakarta during the last year and a half, never breach the terms of which the judge determined, so it can be said implementation of the supervision and coaching successful.
REFORMULASI PENGUATAN MAJELIS PERMUSYAWARATAN (MPR) DALAM PROSES IMPEACHMENT PRESIDEN DI INDONESIA Mulyanto, Mulyanto
Yustisia Vol 1, No 1: April 2012
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v1i1.10594

Abstract

Abstract The purpose of this research is to arrange the model of People’s Consultative Assembly’s role strengthening formulation in the impeachment process of President/Vice-president in the Indonesian State Structure System. The model is based on the findings of a comprehensive comparative-study with an evaluative prescriptive approach. The research used an empirical research method with a qualitative approach. The research was conducted for one year. Its data consisted of primary and secondary ones. The data of the research were gathered through in-depth interview, questionnaire, focus discussion group, and library research. The results of the research show that the mechanisms of the impeachment of President/Vice-president in the history of Indonesia’s formerly prevailing Constitutions have differences. The model of Peoples’ Consultative Assembly’s role strengthening formulation in the impeachment process of President/Vice-president is manifested in the reformulation of the impeachment substances by improving the conceptualization of Peoples’ Consultative Assembly as an administrative confirmation institution. In addition, in term of impeachment procedure, the minimum quorum limit should be changed so that to conduct an impeachment of President/Vice-president is not more difficult than to conduct an amendment of the 1945 Constitution. People’s Consultative Assembly’s should implement the rule of law (constitution) rather than political supremacy as happened during this, so that the concept can be applied to State law. As a suggestion the People’s Consultative Assembly’s should make substantive and procedural reformulation of impeachment of President/Vice-president in the state system of Indonesia. 
PERLINDUNGAN FOLKLOR MENURUT UU HAK CIPTA PERKEMBANGANNYA DAN PERBANDINGANNYA DENGAN NEGARA-NEGARA LAIN Bungana PA, Reh
Yustisia Vol 1, No 1: April 2012
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v1i1.10608

Abstract

AbstractProtection of folklore is very important. Indonesia set folklore in the Copyright Act of 2002. In the Copyright Act of 2002 provisions on folklore contained in Article 10, but the settings of folklore in the Copyright Act of 2002 was inadequate, so it is still happening some of Indonesian folklore claimed by foreign countries. Internationally, as yet there is uniformity in the protection of folklore. Regulations in the protection of folklore in every country there has been no uniformity as well. There is a set folklore widely in intellectual property law, but some are set specifically in the Copyright Act.
ANALISIS PERDA NO 13 TAHUN 2003 TENTANG APBD SEBAGAI FAKTOR KRIMINOGEN DALAM TINDAK PIDANA KORUPSI OLEH ANGGOTA DPRD SURAKARTA PERIODE 1999 - 2004 Ismunarno, Ismunarno
Yustisia Vol 1, No 1: April 2012
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v1i1.10596

Abstract

AbstractThis study aims to determine whether Perda could be kriminogen facts in a corruption and identify the location of the fault of the parties involved in relation to the regulation if it is based on Law no. 31 of 1999 Jo Law. 20 of 2001 on the eradication of corruption. This study is a descriptive normative nature. This research included literature research therefore examines only secondary data.  Based on the research result that Perda No. 13 of 2003 on budget is an amendment to the budget previously provided for in Regulation No. 1 of 2003. Changes made include sector budget: Education, Culture, Belief in God Almighty, Youth and Sports (budget increase), Population and Family Welfare (Budget derived), Health (Budget falls),  Housing and settlement lowered (Budget falls),  Recurrent Parliament (Budget rises),   Welfare (Budget falls),  Travel allowance legislators (budget increase),  Shopping goods (Articles ride). From the description above indicates that the changes are more likely to benefit / for the personal benefit of the members of Parliament, because of budget increases are related to the interests of members of parliament. Perda No 13 out 2003 on the budget that alter the law No. 1 Year 2003 there Kriminogen factor which is the act of corruption in particular violates Article 2 (1) and Article 3 of Law no. Jo 31 of 1999 Law No. 20 of 2001 on corruption because of errors in the process of changing the budget and the lack of legal basis as well as budget expenditures in the determination of certain sectors as described. From this research are expected to provide input on efforts that can be done to minimize corruption, especially by the executive and legislative branches in the region rose sharply as the enactment of local autonomy.  
GREEN CONSTITUTION SEBAGAI PENGUATAN NORMA HUKUM LINGKUNGAN DAN PEDOMAN LEGAL DRAFTING PERATURAN DAERAH DALAM RANGKA PRAKTIK-PRAKTIK TATA KELOLA PEMERINTAHAN YANG BAIK DI DAERAH Ketut Rachmi Handayani, I Gusti Ayu
Yustisia Vol 1, No 1: April 2012
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v1i1.10612

Abstract

AbstractThe purpose of this study is to formulate legal drafting a model policy formulation Regional Regulation based Green Legislation in order to develop the practices of good governance in the region through strengthening the role of the executive (such as the leading sector of legal department Sector, BLH, Central Java Regional Environment and Parliament through strategies, mechanisms, and empowerment potential, and improving procedures for preparing regulations for environment conservation attention. This study is a juridical non-doctrinal, with a qualitative approach. The method will be used through the stages of: mapping the existing condition into the formulation of legal drafting which has been used, mapping of potential executive (leading sector) and the Parliament, to evaluate regulations that have been generated , identify and evaluate the constraints faced in the policy formulation stage, identify opportunities and strategies and formulate a model formulation that can be developed. The emphasis in the context of formulation of legal drafting by the Government to produce a green-based regulation legislation. The results of research are: First, the preparation of formulations Legal Drafting regulations made by the Government in accordance with Act No. 12 of 2011 and Act No. 32 of 2004, but not all use the Paper of Academic regulation in the formulation so that the Legal Drafting  Regional Regulation not meet the criteria of a good legal system. Second, participation has not been effective and not all regulation is preceded Academic Paper. Third, the constraints in the formulation of legal drafting regulations include limitations of the preparation of draft environmental preservation, the ability to assess the regulation, the ability to formulate an explicit policy, concrete , clear and operational.                          
PERAN BANK INDONESIA DALAM MENANGGULANGI TINDAK PIDANA MONEY LAUNDERING Setiyanto, Budi
Yustisia Vol 1, No 1: April 2012
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v1i1.10598

Abstract

AbstractThe aim of the study is to understand the role and constraints of Bank Indonesia in eradicating the crime of money laundering. This research included in empirical legal research is a descriptive qualitative. Location of research at Bank Indonesia Solo. The data used are primary and secondary data,  data collections  by interview and literature study, analysis of data using qualitative analysis. Based on the results of this research is that Bank Indonesia in order to participate as well as eradicating crime of money laundering and has issued a Circular Letter of Bank Indonesia. In the implementation of supervision and oversight of the implementation of Programme Implementation of Anti-Money Laundering (Money Laundering), Bank Indonesi requires each commercial bank to report the results of the Application of Anti-Money Laundering Program Compliance to the Chair through the Director of Public Bank. Head of Commercial Bank submitted the report to the Head Office of Bank Supervision of Bank Indonesia Solo through the Young Senior, having studied and revised and then submitted to the Head of Bank Indonesia Central Jakarta. In the implementation of the Application of Anti-Money Laundering Program, Office of Bank Indonesia Solo, many having some problems so it can not work optimally.
ANTINOMI DALAM PENERAPAN ASAS LEGALITAS DALAM PROSES PENEMUAN HUKUM Butar-butar, Elisabeth Nurhaini
Yustisia Vol 1, No 1: April 2012
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v1i1.10614

Abstract

Abstrak            Penerapan asas legalitas sering menimbulkan antinomi dengan asas mengadili menurut hukum, asas rechtweigering dan asas kebebasan hakim. Namun sebagai asas, semua asas tersebut saling melengkapi dalam penerapannya. Dalam menerapkan asas legalitas, hakim tetap memperhatikan kepastian hukum, sedangkan asas hakim mengadili menurut hukum, dijalankan dengan mengingat bahwa undang-undang dibuat untuk melindungi kepentingan manusia, sedangkan kepentingan manusia itu selalu berkembang maka hukum juga harus berkembang sehingga selalu dapat melindungi kepentingan manusia. Dengan kebebasan hakim, maka hakim dapat  selalu melengkapi atau menafsirkan undang-undang sehingga putusannya dirasakan adil (Einzalfallgerechtigkeit) dan bermanfaat.   Abstract The applying of the principle of legality often generate antinomy with principle of judge according to law, principle of rechtweigering  and principle of  freedom of judge. But, as the principle,  they are  each other equiping in applying of him. In applying of principle of legality , judge remain to pay attention rule of law, while the principle of judge according to law, run by in view of law made to protect importance of human being, while importance of that human being always expand hence law also have to expand so that always can protect importance of human being. With freedom of judge, hence judge earn always equip or interpret of law so that the decision of felt fair ( Einzalfallgerechtigkeit) and useful. 
PROBLEMATIKA PERLINDUNGAN HAK CIPTA DI INDONESIA Mashdurohatun, Anis
Yustisia Vol 1, No 1: April 2012
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v1i1.10600

Abstract

AbstractDevelopment of copyrighted works as part of the intellectual property rights that stem from results of  human creation gave birth to a right of the creator of the so-called copyright. Copyright inherent in the creator differs from other intellectual property rights, because the inherent consists of two types of rights, moral rights and economic rights. The problems of copyright protection in Indonesia is caused by several things including: Islamic view of Copyrights, the public's view of the Copyright, Still Lack Popularizing Copyright Act, the Purchaser is not in the questioning, and legal awareness. 

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