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INDONESIA
AKTUALITA
Published by Universitas Tadulako
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Core Subject : Education,
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Journal AKTUALITA
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Articles 20 Documents
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PERLINDUNGAN HAK MASYARAKAT ADAT TERHADAP PEMANFAATAN HUTAN DAN IMPLIKASI HUKUMNYA Sulbadana, Sulbadana
AKTUALITA Vol 6, No 3 (2011)
Publisher : AKTUALITA

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Abstract

International law insists that the sovereignty of indigenous peoples innatural resources management is a right that must be protected where thestate or the government is obliged to make it happen. The consideration oflaw and philosophy in giving the indigenous peoplesprotection in exploiting the natural resources because the indigenouspeoples have cultural values and local wisdom based on SustainableDevelopment Principle. It means that the establihment of a certain forestas a conservation area like the Lore Lindu National Park should not becontrary and detrimental to the welfare of the people around that area asthe indigenous peoples were still exist from generation to generation andhave a close relationship in emotion with the forest.Keywords: Sustainable Development Principle, Indigenous Peoples,international environment law.
PROSES PEMBENTUKAN UNDANG-UNDANG PASCA PERGESERAN KEKUASAAN LEGISLATIF DARI PRESIDEN KE DPR Kasim, Aminuddin
AKTUALITA Vol 6, No 3 (2011)
Publisher : AKTUALITA

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Abstract

Although there was a displecement of legislative power from president tohouse of respresentative after the amandement of indonesian constitution1945, the president still has major authority in proferring draft of law, themovement of president in discussing draft of law together with house ofrepresentative aimed at gaining common agreement (section 20, article (2)constitution of 1945, basically there is no different prior to the amandement ofindonesian institution 0f 1945. This mechanism shows that the displacement oflegislative power from president to house of representative (section 5, article(1) and section 20, article (1) of indonesian constitution of 1945) refers to thelinguistic shiffting not to the real meaning of displacement.Keyword: displecement of legislative power
HUKUM PERTANAHAN DAN EKSISTENSI MANUSIA Sinjar, Arafah
AKTUALITA Vol 6, No 3 (2011)
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Abstract

The history of agrarian law in Indonesia prior to the independence day werefeudalistic and capitalistic where the society felt shackled and lack of freedom in theownership, had no authority to manage the land and farmland optimally. Landreform through Law Number 5 Year 1960 pertinent to Agrarian Principles (BAL) isone of the efforts aimed at holding the division of land in order to set a better controland ownership leveling as well as guaranteed by law, it was the first time of theintroduction of the concept related to the rights which held by the government andgive the authority of the land to the government but the not the owenership of theland. The purpose of this concept is to achieve prosperity for people and gain socialjust and prosperous.Keywords: Agrarian law, land reform, Islamic law.
HAKIKAT DAN FUNGSI PERATURAN PERUNDANG-UNDANGAN SEBAGAI BATU UJI KRITIS TERHADAP GAGASAN PEMBENTUKAN PERDA YANG BAIK Jalaluddin, Jalaluddin
AKTUALITA Vol 6, No 3 (2011)
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Abstract

In the concept of legal state (formal or material), the legislation such aslocal regulations has value that organize how people should behave. Thatrule should be appropriate with the fact and fuction of the legal ruleswhich organize their live as the reflection of the people will andaccordance with the requirements of justice and legal certainty. In thatposition, the fact and function of the legal rule will always be critical test -justification in making some good legislation. An academic text for theplan of legislation become the instrument to ensure that the legislation thatformed is accordance with the people wish as the fact and function of legalrules.Keywords: fact and function of Legislation, critical test-justification,academic text, the plan of the legislation-the good legislation.
PENGADILAN HAK ASASI MANUSIA DAN MAHKAMAH PIDANA INTERNASIONAL (ICC) Zulkarnain, Zulkarnain
AKTUALITA Vol 6, No 3 (2011)
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Abstract

of exhaustion of local remedies through the mechanism of a national judicial forum.Mechanisms in resolving the violations of human rights at the national level are usuallyformed by a country by establishing a special court of human rights. Indonesian HumanRights Court established in the year of 2000 as a step up from the Article 104 of Law No.39 Year of 1999 about the Human Rights. Jurisdiction of that Human Rights courtincludes serious violations of human rights as the crimes against Genocide and humanity.Furthermore, the mechanism in resolving the violation of human rights at theinternational level consists of the Human Rights court that is ad hoc and permanent.International Criminal Court (ICC) is a first permanent international criminal courtwhich has authorities to investigate, prosecute and punish all people who commit themost serious international crimes, such as genocide, crimes against humanity, war andaggression crimes.Keywords: gross violation of human rights, Rome Statute of 1998, the internationalcriminal court, the court of human rights in Indonesia.
MENGGAGAS PERADILAN PARTAI POLITIK DAN PEMILU DALAM SISTEM KETATANEGARAAN INDONESIA Ishak, Ishak
AKTUALITA Vol 6, No 3 (2011)
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Abstract

Rule of law, democracy, political parties and general election arefundamental elements to build a constitutional democracy in Indonesianconstitutional system. Political party has function to put its electedcandidates in public officials through general election system. Therefore,its powers should be restricted by court system and law. Not only, apolitical party court which should be developed, but also a generalelection court in Indonesia constitutional system. Both political party andgeneral election courts should be developed as integrated and systematiccourt system under Constitutional Court.Keywords : judiciary, political parties, elections
LANDREFORM SEBAGAI SOLUSI MASALAH KETIMPANGAN PEMILIKAN DAN PENGUASAAN TANAH Citra Dewi, Marini
AKTUALITA Vol 6, No 3 (2011)
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Abstract

Implementation of the land reform program is an effort made by each countryto make changes in land ownership and increased productivity. One of themost important land reform programs is the implementation of landredistribution. The land distribution to the farmers in redistribution programdistinguished between the solid and dense area. If the governments implementit well, then there are no more people who do not have land.Keywords: Land reform for the greatest prosperity of the people.
HUKUM SEBAGAI SUATU SISTEM (PERBANDINGAN SISTEM KONSTITUSI DI NEGARA INGGRIS DAN TURKI) Awaluddin, Awaluddin
AKTUALITA Vol 6, No 3 (2011)
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Abstract

Asystem of law in narrow sense can be defined as the rule or institution of law in acountry. A legal system in real is a complex organism which the structure, substance, andlegal cultures are interact each other.Keywords: Comparison of the system, Law as a system
PERTUMBUHAN HUKUM PIDANA DALAM MENGHADAPI PENINGKATAN KEJAHATAN Rampadio, Hamdan
AKTUALITA Vol 6, No 3 (2011)
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Abstract

The development of crime in various aspects is indicated by thedevelopment of the kinds of criminal model both in terms of qualityand quantity. Regulation of criminal law as one of the important efforts incombating crime and being a part of the growth of criminal law in facingthe development of crime. Moreover, political factors and criminal lawpolicies are also effecting the ability of criminal law in tackling crime.Keywords: crime, regulation of criminal law,criminal law policy.
PARATE EKSEKUSI GROSSE AKTA PENGAKUAN HUTANG Jamaluddin, Jamaluddin
AKTUALITA Vol 6, No 3 (2011)
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Abstract

Grosse deed (Grosse deed of debt acknowledgment) is a deed madeunilaterally by the debtor in order to provide assurance to the debtor inform of an authentic deed or underhand deed. Grosse is a word whichmade in an authentic deed and has a legal power which is equivalent withthe criminal court decision which has a permanent legal force. Because ofthe Grosse deed contains a phrase “divine justice on the one true God”when the debtor defaults, the lender can be directly propose execution tothe court toward the object mentioned in the deed.Keywords: Execution, Grosse deed

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