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INDONESIA
JURNAL PROPERTY RIGHTS
Published by Universitas Kanjuruhan Malang
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Articles 33 Documents
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Penerapan Hukum Adat Suku Dani Pada Perkawinan Perempuan di Bawah Umur di Kabupaten Jayawijaya jprautor, jprautor
JURNAL PROPERTY RIGHTS Vol 1, No 1 (2015): Oktober
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Since human beings are born into the world already have a tendency to live together with other human beings in a social life. in the smallest form, it starts living together with a family. Where in the family symptoms of human life will be formed at least by a man and a woman. Living together between a man and a woman who has met the requirements is called marriage.Formulation of the problem in this study were: (1) How does the application of customary law Dani in Jayawijaya against girls under the age of marriage?; (2) How to cope with efforts to suppress the occurrence of marriage underage girls?Research using empirical juridical approach, since this approach Directly describe the facts that occurred in the field and examine regarding berlakunnya customary law and national law in society Dani, Jayawijaya District.In the positive law is set up on the law of marriage, but the growing problem of marriage result in a conflict between the facts on the ground with customary law and positive law. State laws governing marriage is Law 1 Year 1974. But customary law governing marriage from the beginning until now has not changed in contrast to the positive law. If you look from the beginning where the laws in our country today were born because of the customary marriage law. Of the existence of this age limit can be interpreted that the Law No. 1 of 1974 does not require the implementation of underage marriage that has been set by Act No. 1 of 1974.Efforts to suppress the application of tackling common law marriage Dani on underage girls in Jayawijaya. Jayawijaya District Government repeatedly tried to approach the chiefs and the heads of the village so that they unite and work together to press the community Dani who always marry or marry underage girls, supayah with this partnership Dani society can change their mindset that this selamah thought wrong, and marry underage girls because, according to government and church leaders Son as part of the younger generation is the successor to the ideals of national struggle once human capital for national development
Tinjauan Yuridis Mengenai Kejahatan Pedofilia Berdasarkan Hukum Pidana Di Indonesia Dan Hukum Pidana Di Australia jprautor, jprautor
JURNAL PROPERTY RIGHTS Vol 1, No 1 (2015): Oktober
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Pedophilia is one of sexual violence crime to children. Performer pedophilia is adults that have deviate sexual behavior to children. The establishment of criminal law especially about pedophilia crimes is need to be reviewed more serious with criminal law comparison between civil Law country as Indonesia and common law country as Australia.Based on that, this research take the problems, that ere, how is the law settingup for pedophilia crime based on criminal law Indonesia, how is the law setting up for pedophilia crime based on criminal law in Australia, and how is the comparison of criminal law setting up for pedophilia creme performer in Indonesia and Australia. The purpose of this research is to knowing and analyzing about law comparison of pedophilia crime based on criminal law in Indonesia and Australia. The benefit is to give knowledge about law comparison of pedophilia crime based on criminal law in Indonesia and Australia.The research type in this thesis is normative juridical law research that used legislation approach method and conceptual approach method. The kind of law material was got from primary, secondary, tertiary law material and then being analyzed using inductive deductive analysis technique.Based on the analysis of the reseach and discussant with method above, can be concluding that. Law the comparison about pedophilia crime based on criminal law in Indonesia and Criminal law in Australia , in Indonesia has been regulated in KUHP law (KitabUndang-Undang Hukum Pidana) chapter XIV book II, morality crime section 289 to 296 and constitution No.23 year 2002 about children protection chapter XII section 81,82, and 88. While in Australia has been regulated on Criminal Code 1995 chapter 8‖offences against humanity and relates offences‖ on sectin 268.59 paragraph 1-6 and also in Criminal Code Amandemen (Slavery and Sexual Servitude ) Act 1999 Chapter 8‖offences againt humanity, division 270 . And it can be concluded that punishment for pedophilia concluded that punishment for pedophilia crime performer is heavier in Australia according to Criminal Code 1995 that is imprisonment for 25 year, and according to Criminal code amendemen (Slavery and Sexual Servitude) Act 1999 that punishment jail for 19 years and Sexual Act For Child 15 years. While is pedophilia crime performent according to KUHP section 292 in Indonesia is imprisonment maximum 5 years and according to constitution no.23 year 2002 about children protection section 82 is imprisonment maximum 15 years and minimum 3 years and fine maximum three hundres million rupiahs and minimum sixty million rupiah.
Tinjauan Yuridis Normatif Pasal 1320 Kitab Undang- Undang hukum Perdata Terhadap Modal Ventura Dalam Melakukan Perikatan jprautor, jprautor
JURNAL PROPERTY RIGHTS Vol 1, No 1 (2015): Oktober
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Venture Capital Company (Venture Capital Company) is a business entity that conducts of activities in the form of equity financing into a Partnership Company (Investee Company). Venture Capital Company is a company that helps provided capital and technical assistance to customer or it is call the Partnership Company. Venture Capital Company is an alternative non-bank financial institution, in applying for a loan by the entrepreneurs who wants to develop their business. With the process easier to obtain capital from Venture Financing Agency, the debtor who needs capital from Venture Financing Agency is the absence of the element of interest in financing that is given, so that is cool or alternative solutions that do by new businesses with submitted proposal funding to the one of financial institution is Venture Capital Company that be able to help the financing as did for the Bank. Referring to the Minister of Finance Decree No. 1251 of 1988, Venture Capital Company could help capital and technical assistance needed by entrepreneurs and existing businesses to enterprise development in the early stages of their business experiencing financial difficulties. Real forms of participation and support of Venture Capital Company in business development was through equity, convertible bonds, and the pattern of results, where all of the treaties made, had fulfilled the Article 1320 and Article 1338 Civil Law Act.            The approach used is a normative juridical whereas analytical descriptive type of research. Researchers also do a search library and also seek venture Journal in the library. The data obtained and analyzed qualitatively.The results reveal that the agreement is still a lot of venture capital requires an overhaul and dissemination to the wider community that this venture capital company can be known and could be a solution to the problem of venture capital in Indonesia.
Tinjauan Yuridis Kewenangan Mahkamah Konstitusi Menguji Peraturan Pemerintah Pengganti Undang-Undang Terhadap Undng-Undang Dasar Republik Indonesia Tahun 1945 Zainuri, Ahmad
JURNAL PROPERTY RIGHTS Vol 1 No 1 (2014): Oktober
Publisher : Fakultas Hukum Universitas Kanjuruhan Malang

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ABSTRACT Zainuri, Ahmad, 2014 The Juridical Review On Authority Of The Constitutional Court in order to Examine the Goverment Regulation that Replacing Constitution Of Indonesian Republic, Mini Thesis, Department Of Jurisprudence, Faculty Of Law, Kanjuruhan University Of Malang, Supervisor I Miya Savitri., S.Pd., M.Hum, Supervisor II Sulthon Miladiyanto., SH., MH. Keywords: Authority, Constitusional Court, Government Regulation to Replece Law. Objectives of the research are to find out: constitutional authority of the constitutional court to examine the government regulation to replace law, juridical implication on constitutional court to examine the  government regulation to replace law.  The legal research is library research, in which it is research that observes law principles, law systematic, law synchronization level, history of law, and law comparison. This research applied some approaches such us statute approach and conceptual approach. Data source of this research is secondary data that includes primary, secondary, and tertiary materials. The analysis technique on law materials was done qualitatively. After performing the research, the writer has found as follow: first , the position of government regulation to replace law after following the amendment UUD 1945 that has conformed to the Indonesian constitutional system, the presidential system, whereas materials  government regulation to replace law has been organized in article 22 of UUD 1945, which have never been changed, both the government regulation to replace law and law have similarity based on its substance, but they are different based on the from and condition (time) when they ware established, so that the constitutional court has authority to examine the government regulation to replace law.  It show that the constitutional court treats UUD1945 as living document, which interprets UUD 1945 in accordance with the condition at present, the base of law, taken by the constitutional court to examine the government regulation to replace law, is decision of ththe constitutional court number 138/PUU-VII/2009. The juridical implication concerning with the authority to examine the government regulation to replace law by the Constitutional Court has created some problem of law over the authority of the Indonesian Legislative Assembly, in which in accordance with UUD 1945, the Indonesian Legislative Assembly has an authority to accept or reject such the government regulation to replace law. Such law problem occurs if, in the same time the Constitutional Court to examine the government regulation to replace law, while the Indonesian Legislative Assembly is in court session in response to the government regulation to replace law.
Tinjauan Yuridis Euthanasia Dalam Hukum Pidana (Studi Perbandingan Hukum Pidana di Beberapa Negara) Mayasari, Cicik Panca
JURNAL PROPERTY RIGHTS Vol 1 No 1 (2014): Oktober
Publisher : Fakultas Hukum Universitas Kanjuruhan Malang

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Nowadays, social culture has changed in the society. Most of them dominated with the new knowledge and new innovations of modern technology. One of them is medicine that has dominated of new innovations and modern technology. Through the progress of medical technology modern, then the diagnosis of disease could be done more effective in medicinal treatment. Even though, the progress of health has reduce and lost the illness even the medical patient have a hold life by the “respirator”, but sometimes the medical patient cannot be save. This happen will be discomposed of the family by the medical patient, and then they chose the way is doing by euthanasia practical. From many sources there are many kinds of euthanasia practical. Nevertheless, all of them are part of human’s right. And then euthanasia have contravene of morality, social, law and religion.            The approximation method will be use is approximation of laws of KUHP and comparative approximation that compare between the rules of laws from Indonesia and Holland. About the rule of euthanasia from America and Belgium.            Actually, the morality of passive euthanasia it could receive by society in Indonesia. So that the doctor is cannot be a killer which is continuing ever after. Though, the asking of doing the euthanasia active will become fidgety by the doctor. If we refer to the law especially the criminal of law, then euthanasia is part of criminal that killing of human’s life based on criminal of law no 334 KUHP. Based on the history, this section never getting of the euthanasia’s doer so that is not effective. The reformism development of law especially in criminal law, so that the number 344 KUHP need more observation that can be useful for the social development. The country has legality of the euthanasia have a specific rule and submission procedure of euthanasia that is much closed with the stages.            The government should be specific organize about the problem of euthanasia then there is no conflict for one to another. Necessary to presence the laws that its can arrange the problem of euthanasia.
Perjanjian Perkawinan Ditinjau Dari Kitab Undang-undang Hukum Perdata Pasal 29 Undang-undang Perkawinan Nomor 1 Tahun 1974 Fatmasari, Fatmasari
JURNAL PROPERTY RIGHTS Vol 1 No 1 (2014): Oktober
Publisher : Fakultas Hukum Universitas Kanjuruhan Malang

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In accordance with human nature has an instinct and desire to maintain or off spring generation. In this case, something makes it happen is do weddings or marriage. Marriage is the only way to form a family, because marriage is absolutely necessary as a requirement of establishment a family also according to any religion. Therefore, the authors formulate the issues in the following questions: (1) what forms of marriage Agreement in the Book of the Law and the Civil Law No.1 of 1974AboutMarriage? (2). How legal consequences arising from the implementation of the Agreement in the Book of Marriage of Law and the Civil Law Act No.1 of 1974?             The research method used in this paper is the normative law research methods that the research done by examining library material so secondary data consisting of primary legal materials, law materials and secondary law materials tertiary.             The problems marital agreement forms and legal consequences in the Civil Code and Marriage Act No. 1 of 1974: (a) In the Article 29 of the Marriage Law No.1 of 1974 is simpler and stronger because it must be made in writing not to say like what is prescribed in Islamic law. Where the marriage agreement made by both sides in writing can also be made in the form of certificates and approved by the Registrar of Marriage Employees are held. In Article 29 paragraph (1) of the Marriage Law No.1 of 1974 has been determined that the agreement must be in writing form. (b) The legal consequences arising under Law no.1In 1974, the sides must also be prepared with the legal consequences that would arise if the violation of the marriage agreement. Morally and psychologically marriage agreement would lead to a feeling of distrust towards his life partner. He will be shadowed by the fear if their partner violated the agreement. This anxiety will lead to unhappiness in running the household. In sociological and cultural marriage agreement caused the existence culture shock
Perkawinan Suku Dhawe Kabupaten Nagekeo Nusa Tenggara Timur Menurut Hukum Adat Dan Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan Gamo, Emilia
JURNAL PROPERTY RIGHTS Vol 1 No 1 (2014): Oktober
Publisher : Fakultas Hukum Universitas Kanjuruhan Malang

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To know the marriage in Dhawe tribe and the maturity before getting married based on common on law for the people of Dhawe tribe in Nagekeo district is the part of Indonesian society who have norms and certain costoms. To describe n analyze the application a bout marriage conventional system of Dhawe tribe n the sign of maturity, giving the alternative, in order to know deeper the marriage processes according to the law conventional n positive law n to know the necessaries that are needed as the sign of respect for Dhawe tribe, in case of knowing the comparison n the difference between. Conventional law n positive law. The approximant method is sosiologi law whinch means to analyze various rule of laws that relate with relate with marriage based on conventional law of Nagekeo district.The problem solving in this theses by using the descriptive and qualitative methol. The data source is taken from the prime data that is directly taken fron the main source of the data or information given by the custom functioners. And the second data is the supporter data from the second source for the first data namely literature, legal documents, texts n library. The technical data collection is that the prime data is taken by doing interview about Dhawe tribe’s marriage to the custom missioners and society of Dhawe tribe by using respondent technique that are already united in note form meanwhile the secondary data is taken the is taken from the divining manual study such as document, internet, scientific journal and etc by learning and analyze the data. The technique of data analyze is used to express and analyze the description, condition and the development of conventional law aspect or Dhawe tribe in Nagekeo district. Meanwhile qualitative means the thinking process and to compare the one and another factors by concluding they view points of the writer.The result of application marriage system and the sign of maturity of Dhawe tribe in Nagekeo district that a girl is allowed to get married if she has fulfilled the maturity processes by being cut the teeth. She may follow some stages of marriage like tied application or conventional marriage and religious ceremonials. Thus the marriage conventional law is stated perfect. Meanwhile, the comparison between the conventional law about the marriage of Dhawe tribe in Nagekeo district according to the conventional law must be done and if the law is not being obeyed one will be punished according to the rules that are accepted in Dhawe tribe and as the part of national culture that causes the difference law as the social fenomena, seasonal, environment, insight and political pattern. While the similarity is caused by the existence of law and justice based on the constitution number 1 the year 1974 that is valid to tie the third side along it is noted in clausula or it is agreed marriage convention.
Peranan Dinas Tenaga Kerja dan Transmigrasi dalam Memberi Perlindungan Hukum Terhadap Pekerja Sistem Kontrak Prasetya, Yogie Agung
JURNAL PROPERTY RIGHTS Vol 1 No 1 (2014): Oktober
Publisher : Fakultas Hukum Universitas Kanjuruhan Malang

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Good government in the field of employment as though less of attention to the fate of the workers. This is supported by the doctrine of stability which is weakened the bargaining position of employment. Especially with the many companies that use contract system (outsourcing)  that makes the most workers feel their rights are lacking. the lack of government and the rules of employment  became occurrence of contract systems practice (outsourcing) and more contract in Indonesia.Based on the fact that occur in the field, so the writer make the statement of problems: the problem that is faced by the official of employment in Mojokerto regency in given the law protection for outsourcing employment, the efforts of official employment in Mojokerto regency in given the law protection for outsourcing employment. The purposes of this research are to describe and to analyze the problem which are faced and the role done by the official of employment in Mojokerto regency in given the law protection for outsourcing employment.To answer the statement of problem and research purposes are used sociological research methods. the type of data include primary data and secondary data was done by doing research in the field and completed by research in the library. While to get a sample that is by doing interview with the parties who are be investigated.From the results and discussion there are many violations for contract system of employment (outsourcing) which the rights are not given by the company. the lack of supervision in the field of employment by employee in official of employment and transmigration in Mojokerto regency. many of  unemployments and the minimum of job vacancy is marked with the many of cases included of official employment in Mojokerto regency. Therefore, it needs the support of all parties, especially the government to be more selective to give protect to employment and give the firm sanctions for employers who violate the employment laws.
Tinjauan Yuridis Terhadap Penerapan Asas Akusator Dalam Hukum Acara Pidana Indonesia Yulianto, Nanda Dirka
JURNAL PROPERTY RIGHTS Vol 1 No 1 (2014): Oktober
Publisher : Fakultas Hukum Universitas Kanjuruhan Malang

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Aviolence action by law enforcer apparatus,especially police investigator, physically or psychologically, to ask the suspect admit a mistake that net certain to do in preliminary investigation to get an admission of his / her crime.            Based on that case , this research take problems formula that are , How is the accusatoir basic application in procedure of criminal of Indonesia and what is the law implication as the result of unfulfilled accusatoir basic in procedure of criminal of Indonesia. The objectives of this research are to know and to analyze the law application and law implication of unfulfilled accusatoir basic. The benefits are to give comprehension about the law application and law implication of unfulfilled accusatoir basic.            Kind of research on this research is normative juridical law research using law approach method and conceptual approach method. Kind of law material of this research was got from primes law material, secondary and tertiary law material, and then to be analyzed using inductive deductive analysis technique.            From the result of the method above, this accusatoir basic and already applied on the beginning processof criminal jurisdiction , the law implication of unfulfilled accusatoir basic is a violation of human right that not appropriate with Indonesia philosophy and cause null and void decision for law .
Tinjauan Yuridis Terhadap Pertanggung Jawaban Pidana Anak Pelaku Pencurian Dengan Pemberatan Wasahua, Ahmat Nawawi
JURNAL PROPERTY RIGHTS Vol 1 No 1 (2014): Oktober
Publisher : Fakultas Hukum Universitas Kanjuruhan Malang

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This study aims at determining the criminal liability of theft done by children by weighting and the legal reasoning of judges in imposing juvenile criminal theft by weighting.This research was conducted in the District Court Kepanjen by conducting direct interviews with the judges who decided the case of theft by weighting performed by the children as well as taking a copy of the decision related to solving problems by weighting the crime of theft comited by children.In addition, the researcher also conducted a study of literature by means of reviewing books, literature and legislation related to problems that are discussed in the thesis of the researcher.The findings obtained from this study include: (1) Accountabillity of perpetrators of criminal child theft by weighting that is a violation of article 363,paragraph 1 (a) 3 and 5 of the criminal code (KUHp), In addition, criminal liability is imposed in a criminal act of theft by weighting performed by the defendant by not looking at the value at stake  and the reason for committing a crime, but whether or not the defendant committed the crime of theft  by weighting. (2) Consideration of the judge in imposing  criminal laws against child criminal theft by weighting based on the evidance; that is, the testimony of witnesses and the testimony of the defendant together with the evidance submitted by the General Prosecutor and the facts revealed in the trial.In addition, the criminal sanctions given are not intended to distroy the future of a child who has committed  the crime of theft by weighting. But rather to privide a deterrent effect so that the child does not repeat such actions and make the child better and beneficial to the country and nation.

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