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INDONESIA
E-Journal Widya Yustisia
Published by Lembaga Layanan Pendidikan Tinggi Wilayah III
ISSN : -     EISSN : 23387785     DOI : -
Core Subject : Education,
Other
Arjuna Subject : -
Articles 30 Documents
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FENOMENA KEKERASAN SEBAGAI BENTUK KEJAHATAN (VIOLENCE) Anjari, Warih
E-Journal Widya Yustisia Vol. 1 No. 1 (2017)
Publisher : E-Journal Widya Yustisia

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Abstract

Sometimes man, as social creatures, in interacting with others create conflict either in the way or the goal, resulting violence. At the end of 2012 and beginning of 2013, there was an increase of violence in Indonesian society which occurs in education institution, and also between the state apparatus. The purpose of this writing are: (1) to discuss the violence as a form of crime from the point of the view of the Indonesian legal system (2) to analyze the causes of violence as a form of crime from anthropological, sociological and psychological approaches. The method applied is library research with the descriptive and explorative approach and the data were analyzed with qualitative methods. It can be concluded that: (1) Violence is a form of crime. In the Indonesian legal system can be punished by the Penal Code and Special Offens. (2) Causative factor is heterogeneous culture, different acculturation, social jealousy (antropology); deviant behaviour and the process of stigmatization (sosiology);imitation and mental disorders (pshicology). It recommended for law enforcement needs to be improved through the application of strict sanction and change the mind set towards non-violence.
PARADIGMA FILOSOFIS LEGAL REASONING ANTARA LEGAL POSITIVISM DAN HISTORICAL JURISPRUDENCE SUATU ANALISIS Barus, Zulfadli
E-Journal Widya Yustisia 2005
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Abstract

Legal research is done if an issue arises that reflects contradiction between the ideal law and real law. Factors influencing gaps in the law related to a certain issue can be determined by legal reasoning. There are two types of legal research namely 1) normative and 2) sociological research. Normative research is based on rationalism, positivism, coherence, a priori, analysis deduction,systematic, literature study, secondary data and qualitative analysis. Sociological research is based on empirical, historica, correspondence, a posteriori, synthesis, induction, systematic, field study, primary data and quantitave analysis. Legal normative research is influenced by systemic reasoning while sociological research is influenced by critical reasoning.
PENYALAHGUNAAN BADAN HUKUM P.T. DAN PERLINDUNGAN HUKUM TERHADAP PEMEGANG SAHAM MINORITAS Sunarsi, Dessy
E-Journal Widya Yustisia 2005
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Abstract

PT low corporation abuse that do by management can loss minority Stakeholders. To give protection for minority Stacieholders. Undang-undang No. 1 tahun 1995 put into doctrine effect Piercing The Corporate veil to part of PT, put into league EHQUETE and derivative right for minority Stackeholders
TANGGUNG JAWAB HUKUM PERSEROAN TERBATAS (PT) YANG DINYATAKAN PAILIT Purbandari, -
E-Journal Widya Yustisia Vol. 1 No. 1 (2017)
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Abstract

Abstract: With the bankruptcy of an alleged Limited Liability Company, then treaseres will be in public and confiscated and the company will lose the treasure of his wealth. This will affect the existence of the company, where its administrator must be requested personally responsible written as the principle of Piercing The Corporate Veil. The purpose of this study is to (1) discuss the bankruptcy of a company, (2) the legal consequences of stated bankrupt company. The research methods using the juridical normative, which analysed qualitatively with data sourced from primary and secondary legal materials, and use the approach of law (statute approach) conducted by reviewing some of the legislation and other regulations relevant to the bankruptcy of a company. It can be concluded that: (1) the nature of bankruptcy is general encumbrances over the assets of the debtor are divided on the principle of balance; (2) due to the bankruptcy of a company is that company does not lose its existence, but the management dan liquidation process is done by the curator.
HUKUM DAN KEKUASAAN Anggraini, Jum
E-Journal Widya Yustisia 2005
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Abstract

Law an power can not be separated from one another. It is like the two sides of a coin. Law and power is inseparable because power is absolute without control of law. However, law without power will remain merely as written stipulation. Thus, if law is to be effective and implemented well, then power can force and pressure people to abide to the law
HAK ISTRI NON MUSLIM TERHADAP HARTA PENINGGALAN SUAMI YANG BERAGAMA ISLAM: STUDI KASUS PUTUSAN PENGADILAN AGAMA MAKASSAR NO. 732/PDT.G/2008, PUTUSAN PENGADILAN TINGGI MAKASSAR NO. 59/PDT.G/2009 DAN PUTUSAN MAHKAMAH AGUNG NO 16 K/AG/2010 Sufiati, Dian; Anggraeni, Ria Dwi
E-Journal Widya Yustisia Vol. 1 No. 1 (2017)
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Abstract

The heteroqenity of Indonesian communities bring along mixed marriage, namely the marriage among those of diferrant religions. Such marriaqes are reqistered at the office of Civil Affairs.There exists some disputes betwean those of Moslem husband and non Muslem wive after the husband’s death concerning the family heritege. The purpose of this writing is to analyze the non moslem’s wife status in relation to the death husband who is a Moslem.The try to analyze such issue has been related to the legal consideration of the Supreme’s Court decision No. 16K/AG/2010 regarding the disute berween the late Moslem’s husband and his wife, who is a non-Moslem. The method used is normative juridical, the data was qained from library research, which have been procrssed and analyzed qualitatively. The result of this research indicated that the status of a non-moslem wife is not acknowledged by the teaching of the Al-Qur’an, Haditz and Islamic law compilation. But the Supreme Court declared such tradition as nuli and void by means of the Decision No. 16K/AG/2010. Such decision stipulated that any and all Non-Moslem wife has the riqht to get her portion from her late husbands’s haritage. The basic consideration of Supreme Court’s cedision is that the said wife has lived together sincerely with her husband until the time her husband passet away. The Supreme Court has to explain such decision to diverse communities in Indonesia, so that such decision qained its force.
KAJIAN YURIDIS TERHADAP UNDANG-UNDANG NO. 19 TAHUN 2004 TENTANG PENETAPAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG NO. 1 TAHUN 2004 Jamilus, -
E-Journal Widya Yustisia Vol. 1 No. 2 (2018)
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Abstract

The birth of the regulation No. 1 in 2004 which became Act No. 19 of 2004 led to a wide rejection by people in various areas mining and at the national level. The rejection at the national level is done by various non-governmental Organizations Coalition who joined in the rescue of protected forest Advocacy Team by doing a petition for annulment of law 19/2004 through judicial review to the Constitutional Court, arguing in a regulation is still on the run, the impact would cause bad for society around the mine. The purpose of this paper to discuss: (1) whether law No. 19 of 2004 warranties are material to the legal rights of citizens in order to honour, the fulfillment of human rights in the field of natural resource management and environment (2) whether law No. 19 of 2004 in line with the law reform in the field of natural resource management and the environment as well as the social and economic impact, (3) the impact of law 19/2004 for the community. The method used is the normative approach, data obtained from the research libraries. The results of the study indicate that: (1) determination of the regulation No. 1/2004 are considered to be weak and not in accordance with the provisions of article 22, paragraph (1) of the Constitution, (2) the substance of the arrangements of the mining licence less precise products is set out in the legislation because of the nature of the agreement and permission was temporary. (3) the impact of the community will cut off the economic value of ecological and environmental capital, and give rise to numerous conflicts experienced by the community. Need for harmonization with basing on scientific studies which can be objectively justified.
PENJATUHAN PIDANA MATI DI INDONESIA DALAM PERSPEKTIF HAK ASASI MANUSIA Anjari, Warih
E-Journal Widya Yustisia Vol. 1 No. 2 (2018)
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Abstract

Criminal punishment is the most important part of the criminal justice process . Application of capital punishment by the state through the state court decision means taking the right convict life . The right to life is a human right that is non derogable . Therefore, its application should pay attention to the Human Rights convicted . The objective of this paper is to know: (1). whether the imposition of the death penalty for offenders is contrary to the Human Rights (2). The criteria for the imposition of the death penalty for crimes that do not conflict with the Human Rights. The method used is a normative juridical approach using secondary data. The conclusions that: (1) the imposition of the death penalty is contrary to human rights, but its application can be justified by reason of defending human rights, (2) only applied to crimes that are beyond the limits of humanity and the destruction of human civilization. Suggestions author implementation of the criminal justice process is transparent and fair.
STRATEGI PEMBERANTASAN KORUPSI MELALUI PENDEKATAN POLITIK HUKUM, PENEGAKAN HUKUM DAN BUDAYA HUKUM Yusyanti, Diana
E-Journal Widya Yustisia Vol. 1 No. 2 (2018)
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Abstract

The practice of criminal acts of corruption that happens increasingly sophisticated Indonesia, systematic and widespread in all walks of life who have an impact on the amount of the financial loss to the State. Various laws and regulations that have attempted to eradicate the corruption that Law Number 31 of 1999 Jo Act No. 20 of 2001 even Government has ratified several articles of the United Nations Convention Against Corruption (UNCAC) 2003 through law No. 7 Th 2006. But so far this is still unable to put in place and are effective in eradicating corruption. The purpose of this writing is to know the: (1) the role of political and law-enforcement efforts in the eradication of criminal acts of corruption, (2) consistency of law enforcement efforts in the eradication of criminal acts of corruption that could influence the attitude of the law enforcement apparatus in legal norms and behaviour or attitude in the exercise of his profession in the follow-up process of the rule of law, (3) the role of the Legal culture in helping reduce and even eradicate behaviour a criminal offence of corruption.The methods used is the law normative approach and descriptive analytical data based on primary law materials, secondary and tertiary. It can be concluded that: (1) legal corruption eradication strategy should press, hold or curb corruption by giving heavy sanctions, improved coordination among law enforcement agencies and develop a culture of shame against corruption.
PENERAPAN SANKSI ADAT KEPADA PERUSAHAAN DAN PIHAK LAIN DALAM PERADILAN ADAT Junef, Muhar
E-Journal Widya Yustisia Vol. 1 No. 2 (2018)
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Abstract

The existence of judicial custom is becoming increasingly important in the situation of countries that are not yet fully able to provide case resolution service via the formal route to remote villages. Because of that, the constitution give the recognition and tribute to the customary law along qualified: realitas, namely adat law it is alive and society; idealitas, according to the development, namely compatible with the principle of the unitary state of the republic of indonesia , and regulated in the law. The purpose of this research is to know: (1) the existence of customary courts in the judicial system of the country; and (2) form of application of sanctions the Customs on the company/the other party in violation of the provisions of the customs. The research found that: (1) the existence of judicial customary have been set in regulations perudang-undangan national although earlier through emergency act no. 1 1951 in particular the article 1 ( 2 ) letter b; continued with removal indirectly judicial village through act no. 14 year 1970 regarding basic law on judicial power; the last changed with act no. 48 / 2009 on judicial power.( 2 ) sanction inflicted on company government is in form of fines customary and companies convicted for supplying need customary and so on.

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