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PERKEMBANGAN KONSTELASI POLITIK INTERNASIONAL DAN IMPLIKASINYA TERHADAP POLITIK HUKUM NASIONAL INDONESIA DALAM PEMBERANTASAN TERORISME
Mardenis, Mardenis
Jurnal Dinamika Hukum Vol 11, No 1 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman
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DOI: 10.20884/1.jdh.2011.11.1.88
The problem of terrorism has now become one of the few global issues which are very much talked about and greatly affect international relations. Actually, when the United States (U.S.) makes the issue of terrorism as the main agenda of foreign policy (polugri) country and invite / pressing other countries to support it, almost all world countries basically agree, agree. The problem then arises when the execution was terrorism that will be the common enemy of mankind and must be fought together it is terrorism by political interests, and ideology economi U.S. Key words: Terrorism, global issue, US foreign policy, political, economy and ideology of US.
IMPLIKASI KEBIJAKAN “PENDAERAHAN” PENGELOLAAN PBB SETELAH BERLAKUNYA UU NO. 28 TAHUN 2009 TENTANG PAJAK DAERAH DAN RETRIBUSI DAERAH
Pamuji, Kadar
Jurnal Dinamika Hukum Vol 11, No 1 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman
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DOI: 10.20884/1.jdh.2011.11.1.84
Local tax policies according to local tax laws and new levies which gives breadth to the local taxation authority is done by expanding the tax base. Giving to the local taxation authority have been duly carried out to confirm the alignments to the process of democratization. The problem is "how is the legal implications of the Land and Building Tax management of rural and urban sector after the enactment of Law no. 28 of 2009 on regional taxes and Retribution" To know the legal implications, the study begins first by performing comparative Land and Building Tax arrangement according to the Law. 12 of 1985 by Act no. 28 of 2009 on regional taxes and Retribution. The results of the study concluded that the policy of the Land and Building Tax management of rural and urban sectors is authorized for the district/city, which has implications on the necessity for coordination, transfer of assets, preparation of executive human resources, technology, device setup, institutional arrangements, legal instruments (regulations and declaring) as well as other supporting facilities and infrastructure. Key words: Legal Implication, Policy, Land and Building Tax Management
PENGUASAAN TANAH MASYARAKAT HUKUM ADAT (SUATU KAJIAN TERHADAP MASYARAKAT HUKUM ADAT TERNATE)
Alting, Husen
Jurnal Dinamika Hukum Vol 11, No 1 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman
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DOI: 10.20884/1.jdh.2011.11.1.75
Land acquisation by the community of adat law tends to leave out. This condition caused by the government policy before which has no attention to the development of land acquisition of the adat community. According that policy, all land are owned by the State, especially when its issue is about the government and bussiness interest. Reformation has changed the State system related to land acquisition, where the position of adat law community is diclared explicitly in the State constitution. The position of adat law community is agreed as long as not contradicted wiht public interest. The tale of seeking the existency of adat law community and the right of adat land acquisition shows that acquisition, mechanism and the area of adat law community still exist and have different characteristic between one and another. So that, State and the government should give protection and agreement to the right of adat law community as well as local wisdom as stated in its constitution. Key words: Land acquisation, right of adat community, adat law
GAGASAN REFORMASI BIROKRASI DALAM RANCANGAN UNDANG UNDANG (RUU) TENTANG ADMINISTRASI PEMERINTAHAN
Indiahono, Dwiyanto
Jurnal Dinamika Hukum Vol 11, No 1 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman
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DOI: 10.20884/1.jdh.2011.11.1.89
Draft of Public Administration Law in the reality is arranging how public administration done by government and citizen. This draft is legal fundament to put down public functionary rights and obligations, governmental institution (as public organization) and public as citizen more equal. Bureaucracy reform have to be viewed as complex domain, and also require the complex effort to support it. RUU AP has to esteem as part of bureaucracy reform effort in Indonesia. And to hope happened high acceleration in bureaucracy reform, hence RUU AP has to be supported with effort of developing commitment of public functionaries, developing system public service, improving the quality of human resource, improving exploiting of technology in bureaucracy (e-gov) and create best culture of bureaucracy. Key words: bureaucracy reform, public administration law, and culture of bureaucracy.
DAERAH KEPULAUAN SEBAGAI SATUAN PEMERINTAHAN DAERAH YANG BERSIFAT KHUSUS
Stefanus, Kotan Y
Jurnal Dinamika Hukum Vol 11, No 1 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman
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DOI: 10.20884/1.jdh.2011.11.1.80
Some regions (local government) geograpically lie in islands area which get unjustice treatment compared with other regions. The problem is because of the service to public is broad and heavy in some islands, but do not get particular treatment from central government Search for and investigation about the law basis about archipelago area expresses that one of the principles of regional government undertaking according to the basic constitution of 1945 is that giving space to advance particular regions and specifically (including to as regions in islands). However, such principle has not been implicated broadly and clearly in the rule Law Number 32 years 2004. Key words: archipelago area, local government, particular regions, Legitimacy.
ANALISIS TERHADAP HAK PILIH TNI DAN POLRI DALAM PEMILIHAN UMUM
Setiajeng Kadarsih;
Tedi Sudrajat
Jurnal Dinamika Hukum Vol 11, No 1 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman
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DOI: 10.20884/1.jdh.2011.11.1.25
In this reformation era, there were discourses on the recovery of the right to vote for members of the Indonesian National Army (TNI) and Indonesian National Police (Polri) in the General Election. The willingness of those recovery based on the development of democratization and human rights, that places the right to vote as a fundamental right that cannot be infringed by the state. The problem that arises are how the arrangement of the right to vote for the TNI and Polri in the Indonesian General Election when it viewed from the perspective of the political history and how the legal synchronization between the right to vote for TNI and Polri when it viewed from the conception of human rights in the context of a democratic society in Indonesia. Based on the results, it known that there are setback in the arrangement of the right to vote for armed forces and police in three periods. In old order, armed forces and police were given the right to vote in the election. In the new order, the Armed Forces were not entitled to vote, but the presence of armed forces in the realm of regulated political sphere in particular through the lifting mechanism in the legislature. While in reformation era, the right to vote and vote for members of the military and police were removed, so the military and police only carry out the state tasks without any political rights inherent in that institution. This indicates that the legal arrangements concerning the right to vote according to the perspective of human rights in the context of a democratic society is not yet in sync with each other.
PASANG SURUT KEBEBASAN PERS DI INDONESIA
Satrio Saptohadi
Jurnal Dinamika Hukum Vol 11, No 1 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman
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DOI: 10.20884/1.jdh.2011.11.1.85
In the New Order of the press regulated by Law No. 11 Year 1966, Law No. 4 Year 1967 and Law no. 21 Year 1982 which is a product of the repressive Soeharto regime, whereas in the era of reform after the resignation of Suharto's life enacted press Law No. 40 Year 1999 about the Press is full of euphoria. During the New Order's authoritarian press system produces under the guide of Pancasila press system that is free press and responsible, to the effect of press freedom in a way that is very restrained by bridle and thrown into prison their anti-government . In the Reform era of the press leading up to the liberal press system that is with the euphoria of freedom that went too far because there is no regulation of the repressive provisions. Key words : New order, the reform era and freedom of the press.
KEWENANGAN MAHKAMAH KONSTITUSI DALAM PROSES IMPEACHMENT PRESIDEN MENURUT SISTEM KETATANEGARAAN REPUBLIK INDONESIA
Fauzan, Muhammad
Jurnal Dinamika Hukum Vol 11, No 1 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman
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DOI: 10.20884/1.jdh.2011.11.1.66
The authority of the Constitutional Court to adjudicate and decide upon the opinion of the House of Representatives that the President and/or vice president has violated the law of treason to the state, corruption, bribery, other felonies, or moral turpitude, and/or that the President and /or Vice President no longer meets the conditions as President and/or Vice President are normative efforts to avoid a repeat of dismisal that are soley based on slander and suspicion which are only to satisfy the political interests of political elites. Key words : The authority of the Constitutional Court, Impeachment
ANALISIS ANTROPOLOGI HUKUM TERHADAP PERDAGANGAN LINTAS BATAS DI KALIMANTAN BARAT (UPAYA PENCARIAN MODEL DAN POLA PERLINDUNGAN HUKUM)
Hermansyah Hermansyah
Jurnal Dinamika Hukum Vol 11, No 1 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman
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DOI: 10.20884/1.jdh.2011.11.1.10
Due to its geographic location bordering directly with neighboring countries, the border in West Kalimantan as the outer limit of the state of Indonesia is one region that has not received attention, especially attention with regard to activities in the economic field. Cross Border Trade and Market in the Border area, for example, is so much economic activity along the border there is a transaction involving the people who come from two different countries and have different legal systems. In the perspective of legal anthropology, it is probably legal system that applies to communities in the border area showed such legal pluralism, if not addressed carefully, it did not rule out the trade problems that occur in communities in the border area will be sticking to the issue between countries, because of differences in existing law. Therefore, efforts to create a model that would be able to accommodate the parties-such as community, nation and state of Indonesia-Malaysia would need to be pursued, so the problem is not a legal issue to drag on the interests of each party.
MEMBANGUN SISTEM PERIZINAN TERPADU BIDANG LINGKUNGAN HIDUP DI INDONESIA
Helmi, Helmi
Jurnal Dinamika Hukum Vol 11, No 1 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman
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DOI: 10.20884/1.jdh.2011.11.1.86
Applicability of Law. 32 of 2009 on the Protection and Management of the Environment an integrated licensing increasingly strict environmental field. Nevertheless, there are still many problems to the implementation of an integrated licensing is the inconsistency of the sectoral rules, ego-sectoral technical agencies, the strong economic interests than the interests of environmental protectionand social welfare. Implementation of an integrated licensing system requires integration of the environmental field of governance, institutions, power, mechanisms and requirements to achieve sustainable environmental management. That requires the synchronization settings, the integration of sustainable development and institutional models of integrated environmental permit system. Key words: environment, licensing system, integrated.