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MOHAMMAD ALVI PRATAMA
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INDONESIA
JURNAL LITIGASI (e-Journal)
Published by Universitas Pasundan
ISSN : 08537100     EISSN : 24422274     DOI : http://dx.doi.org/10.23969/litigasi
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
JURNAL LITIGASI (e-Journal) is a peer-review journal with vision to develop law and harmony between Indonesian positive law and the reality in the society. JURNAL LITIGASI (e-Journal) aims to 1. Actively participate in national development and reformation of law; 2. Take part in educating higher education and legal profession in Indonesia; 3. Provide information on development of law in Indonesia 4. Enlight people in order to improve people’s knowledge of law JURNAL LITIGASI (e-Journal) is published by Fakultas Hukum Universitas Pasundan. LITIGASI covers articles on science of law, legal theories, legal philosophy, social study on law with latest and actual substances. LITIGASI publishes original and scientific articles whose values of novelty in the form of Research findings, Articles, Reviews, and Book Review.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol 15 No 2 (2014)" : 6 Documents clear
IMPLIKASI KEGIATAN USAHA PENITIPAN DENGAN PENGELOLAAN (TRUST) DALAM AKTIVITAS PERBANKAN TERHADAP PEMBAHARUAN HUKUM PERDATA INDONESIA Tri Handayani; Lastuti Abubakar
JURNAL LITIGASI (e-Journal) Vol 15 No 2 (2014)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (194.068 KB) | DOI: 10.23969/litigasi.v15i2.68

Abstract

The issuance of Bank Indonesia Regulation No. 14/7/PBI/2012 regarding Trust add more types of agreements in banking practice. From the legal view, the concept of trust is still debatable, given the concept of trust derived from the Anglo-Saxon legal system that recognize dual -ownership. This concept is not recognize in the legal system agreements in Indonesia, but the existence of the trust agreement is possible based on the principle of freedom of contract in contract law. In practical terms, the use of the concept of trust will intersect with the interests of a third party. Some legal issues have been research in this study are how the Trust agreement under the Indonesia Law of contract; how Bank responsibility as Trustee's for any losses, and how the implications of the Trust against renewal Civil Law. This study utilizes a descriptive analysis, using normative juridical approach. We have conclusion such as: Trust is an agreement that was developed in banking practice based on open systems and the principle of freedom of contract which adopted from Law of contract Based on the agreement, Banks as a trustee shall be liable for losses that incurred caused by Bank negligence in carrying out its functions. Given the concept of custody had unrecognized dual ownership in the Indonesian legal system; hence it is necessary to reform the civil law to accommodate trust activity. Keywords: Trust; dual-ownership; civil law.
MENINGKATKAN KUALITAS BAHASA INDONESIA MELALUI BAHASA INDONESIA HUKUM ILMIAH Dheni Harmaen
JURNAL LITIGASI (e-Journal) Vol 15 No 2 (2014)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (221.521 KB) | DOI: 10.23969/litigasi.v15i2.69

Abstract

Legal language is not the language that stands alone, but rather a special Indonesian which applied to the field of law. Statutory language should not leave the rules that apply in Indonesian, both on sentence structure, word origin, meaning and other rules applicable in Indonesian. Conceptual mindset is a practical theory in making a scientific essay, of course, the legal language also have characteristics in accordance with the characters contained in the legal science itself, in some instances the use of legal language different from the general Indonesian language, but the difference is merely casuistry, including the use of language in other scientific, it can be seen from the use of the word which is only valid for a certain science that we call functional language or profession languages. The diversity of Indonesian law in terms of linguistics is a meta language that is diverse results of the study or product of human thought which is not limited to just one language, but also involves other scientific. In light of the language of law, Indonesian law is the primary means for carrying out their profession, so the language professions have different features from a variety of common language. Keywords: Language; Law; Function; Profession.
PENEGAKAN HUKUM TERHADAP KEJAHATAN BIDANG POLITIK DI INDONESIA DALAM KONTEKS PEMBAHARUAN HUKUM PIDANA T. Subarsyah Sumadikara
JURNAL LITIGASI (e-Journal) Vol 15 No 2 (2014)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (252.652 KB) | DOI: 10.23969/litigasi.v15i2.70

Abstract

Political crime is a problem, especially concerning the enforcement. Positive law has been set, but political crimes keep continuing to arrise. It should be examined whether the positive law enforcement can reach all kinds of political crime, how crime policy is formulated, what obstacles and solutions that must be adopted. The results of the study of political crimes, including crimes against the public interest, the interlocked with the power and political activity as the ingredients. Positive law, is essentially the result of a series of political processes. As a result, enforcement efforts be incomplete, always coincide with the technology, management, politics, beyond the limits of reality, evolved into a discourse that is planned, organized, controlled to be a crime that is untouched. Positive law works Iinier-mechanistic, based on the teachings of Legal Positivism / Rechtsdogmatiek, prioritizing political criminal, penal policy which in reality has lost much of his authority. Need reconstruction, shift the dominance of Normative-positivistic to sociological-philosophical / combination of the two, entering the world of technology, the realities of political life as well as total quality management for the judicial activity, so that enforcement is not bound law; initiated legal system of national unity, based on the value of heterogeneity comes from legal sources that live, grow and flourish in society, the written / unwritten according to the characteristics of the State and the Nation of Indonesia; political will does not exalt the principle of legality which in fact is often ignored the justice. Keywords: Enforcement; Legal; Politics; Reform; Criminal.
TINDAK PIDANA KORUPSI DI INDONESIA DARI PERSEPSI MAHASISWA Azhar Azhar
JURNAL LITIGASI (e-Journal) Vol 15 No 2 (2014)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (729.462 KB) | DOI: 10.23969/litigasi.v15i2.65

Abstract

Lately discovered a new phenomenon of corruption in Indonesia. Perpetrators of corruption consists of various groups who relatively young and regardless the gender. In this paper will discuss the students' perceptions of corruption in Indonesia. The scope of this study will be limited to one of the state universities in Indonesia, in this case in particular, Sriwijaya University law student. While the analysis used in the discussion of this paper is descriptive analysis. The method used in determining the sample is random sampling, with a set of approximately ten percent of the population. In the first part will discuss the position of corruption in Indonesia in the eyes of the world as well as regional level. Then, discuss the definition of perception and the factors that influence the perception and definition of corruption. The findings showed that almost all students understand what is meant by corruption, but the majority of their behavior consciously or unconsciously have contributed to the practice of corruption. Corruption is not due to inadequate salaries or boost the economy but the existing system opportunities corrupt behavior and the low morale of the nation in this respect among the younger generation who were respondents. It is very anxious about the future of the nation and the state. Keywords: perception; students; corruption.
MEDIASI KONFLIK KERATON SURAKARTA MELALUI PENERAPAN LOCAL WISDOM Mulyanto Mulyanto; Sutapa Mulja Widada
JURNAL LITIGASI (e-Journal) Vol 15 No 2 (2014)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (148.36 KB) | DOI: 10.23969/litigasi.v15i2.66

Abstract

The purpose of this study was to describe the root causes of conflict and the palace of King Twins conflict resolution patterns Keraton Surakarta Sultanate . The method used is descriptive method sosiolegal . This study is located in the Keraton Surakarta using primary data and secondary data. Techniques of qualitative data analysis by using the theoretical interpretation. The results showed that the root of the problem is basically this conflict began Keraton Surakarta since the death of Paku Buwana XII on June 11, 2004. The conflict between the heir to the throne of Kanjeng Gusti Pangeran Harya (KGPH) Hangabehi and KGPH Tedjowulan born of different mothers. Patterns of conflict resolution involving a third party (mediation) mechanisms beyond traditional law paugeran palace. Lastly, Mediation of legal protection based Surakarta Mayor Letter No. 181.1/6619/SJ Minister mentioned that the mayor coordinate with Deliberation forums Regional Head (Muspida) and family Keraton Solo Kasunanan, to resolve conflicts and protect the palace as a cultural heritage. Keywords : Mediation; Conflict; Local Wisdom.
PENDIDIKAN TENTANG KESADARAN HUKUM BAGI ANAK BERMASALAH HUKUM DI LAPAS Arifin Arifin
JURNAL LITIGASI (e-Journal) Vol 15 No 2 (2014)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (226.819 KB) | DOI: 10.23969/litigasi.v15i2.67

Abstract

Problems faced in optimizing the quality of "Education for Learners in Tangerang correctional institution" today is the contradiction between the values of hope (das sollen) with the values of reality (das Sein), and the dominant factor affecting the quality of the "Education students in Tangerang correctional institution ", is a factor of the input instrument of education. Qualitative study, this study aims to find patterns of education in accordance with the legal awareness education for students penitentiary child. The research process was conducted based on the qualitative method, which is natural, descriptive, inductive, and discover the meaning of a phenomenon. Educator Qualifications research results that have a faithful and devoted personality, friendly, full of tenderness, acting as a parent, insightful, and empathy, positive impact on the development process; Development Planning combines the Bottom Up Top Down; Approach and method that combines coaching and religious functionalist models, through: the example (example), habituation and training, creation of favorable situation, discipline, implementing worship deeply, accelerate the process of coaching, Evaluation of Education in Prison, the need to involve the role students, families, and communities, thus serving as a feed back to the improvement of the quality of coaching in prison. Keywords: education; awareness; law; child.

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