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IMPLEMENTASI MEDIASI LITIGASI DI LINGKUNGAN YURISDIKSI PENGADILAN NEGERI PURWOKERTO Rahadi Wasi Bintoro
Jurnal Dinamika Hukum Vol 14, No 1 (2014)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2014.14.1.273

The implementation of mediation in court still seems formalistic. This condition makes the process of a civil case proceed to Supreme Court. Accordingly, the interesting discussion would be the implementation of mediation in jurisdiction of Purwokerto District Court as well as potential factors which likely affect the implementation of mediation in jurisdiction of Purwokerto District Court. This is a sociological juridical research by applying qualitative analysis of which the target population is the judge, mediator and advocate who are selected through purposive sampling. Further, it is analyzed by employing triangulation analysis. The result shows that mediation in the Purwokerto District Court has implemented in accordance with the PerMA No. 1 Year 2008. Legal factors, law enforcement, infrastructure and facility factors have basically contributed to the implementation of mediation in Purwokerto District Court. However, the social factors and cultural factors play an important role in the success of mediation. Key words: mediation, mediator, dispute

IMPLEMENTASI KEBIJAKAN ZONASI PASAR TRADISIONAL DAN PASAR MODERN (STUDI DI KABUPATEN PURBALINGGA) Weda Kupita; Rahadi Wasi Bintoro
Jurnal Dinamika Hukum Vol 12, No 1 (2012)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2012.12.1.201

Regency area that investment increased more relatively is Purbalingga. One of the Increased industrial sector is retail, whether traditional market and modern market formats such as alfamart and Indomart. Today almost every district in Purbalingga have more than one retail market in a modern format, such as in Kalimanah District, Padamara District, Bobotsari District and Bojongsari District. Therefore, researchers are interested to discuss about the implementation of zo-ning policies of traditional markets and modern markets in Purbalingga and what factors are likely to affect the implementation of zoning policies of tradisional market and a modern market in Purbalingga.Based on the results there are un synchronized legislation in zonation of traditi onal market and modern market. The factors that affect in policy of zoning traditional market and modern market are the law, law enforcement, facilities and infrastructure, community, and cultural factors. Keywords : policy, traditional market, modern market

TUNTUTAN HAK DALAM PERSIDANGAN PERKARA PERDATA Rahadi Wasi Bintoro
Jurnal Dinamika Hukum Vol 10, No 2 (2010)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2010.10.2.147

Procedure of private law in Indonesia have experiencing of some growths, for the example is the mechanism of suing which it's not arranged in Het Herzeine Indonesich Reglement, such as class action, legal standing, citizen lawsuit or actio popularis. This article is study to the difference characteristic of suing in procedure of private law in Indonesia. Pursuant to analysis result, the mechanism of ordinary suing is the mechanism suing by the plaintiff to the sued as effect of contempt of court or break a promise which it have generated loss to plaintiff. Class action is the mechanism of suing by numerous plaintiff which it raised by class representative, that representing his own and his group member, with demand in the form of indemnation. Suing of non government organization (NGO) or legal standing is the mechanism of proffering suing by NGO as collision effect or existence of contempt of court which done by the people which arranged in statues. Citizen lawsuit or actio popularis is a suing that raised by citizen to state, as effect of existence of contempt of court, in the form of neglected the civil rights. Its purpose is formed the law order immediately.Keyword: suing, private dispute, plaintiff, sued

ALETRNATIF PENYELESAIAN SENGKETA DALAM SENGKETA TRANSAKSI ELEKTRONIK (E-COMMERCE) Rochani Urip Salami; Rahadi Wasi Bintoro
Jurnal Dinamika Hukum Vol 13, No 1 (2013)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2013.13.1.161

In e-commerce transactions in cyberspace it is possible occur a dispute as well as dispute occur within a legal relationship which is done conventionally. The more numerous and widely distributed activities of trade, then the frequency of occurrence of dispute be high and it means there'll be a dispute that must be solved. Dispute resolution itself basically qualifying to dispute resolution by peaceful and dispute resolution in adversarial. Resolving disputes peacefully is better known with concensus. While the dispute resolution in adversial, better known as resolution of disputes by a third party who is not involved in the dispute. The form of peaceful dispute resolution is negotiation, mediation and conciliation, while resolution form adversial is through the courts or the arbitral institutions. Dispute resolution in accordance with the philosophy of the inception of e-commerce is through negotiation, mediation, conciliation and arbitration.Keywords: e-commerce, dispute, dispute resolution, alternative dispute resolution

PROSES PENYELESAIAN SENGKETA PERDATA DI PENGADILAN NEGERI DALAM KAITANNYA DENGAN TRANSAKSI YANG MENGGUNAKAN INTERNET Sanyoto Sanyoto; Antonius Sidik Maryono; Rahadi Wasi Bintoro
Jurnal Dinamika Hukum Vol 8, No 2 (2008)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2008.8.2.44

The growth of technological Progress make the change of pattern in the socialize human life, and it can conduct the economic activity in the local scale, regional and also global. In the individual assocciation by using internet technology will take the relation pattern between individual which it is unlike what that happened in the real world. By the existence of internet, contractual terms between subject of law and each other without meeting (face to face), even it is enabled for subject of law not to recognizing each other. During the people conducting activity in the illusory world, especially in the private law, like commerce, agreement and also banking activity, it is enabled to take a problems such as performed in the conventional private relationship. If the consumer internet in the private activity feel their private rights are impinged and they are wish to claim their rights, so there is civil conflict. The relationship between the individual in the transaction using internet not yet arrange peculiarly in law and regulation. But judge have to find the law and also create the law if he confronted with a dispute in the transaction using internet. Kata kunci : hakim, hukum, internet, perdagangan elektronik, tanda tangan digital

IMPLEMENTASI PERLINDUNGAN HUKUM TERHADAP HAK KEKAYAAN INTELEKTUAL MASYARAKAT ASLI/TRADISIONAL DI KABUPATEN PURBALINGGA Agus Mardiyanto; Weda Kupita; Noor Asyik; Rahadi Wasi Bintoro
Jurnal Dinamika Hukum Vol 13, No 1 (2013)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2013.13.1.153

The regulating of intellectual property rights until now has not accommodate intellectual property of traditional/native societies. In Purbalingga, there are 9 traditional commodity cluster, with a number of industry as much as 150 UKM and from that number only 4 which has been registered as intellectual property rights. The research will discuss to implementation of protection of intellectual property rights and factors that tend to influence the protection of intellectual property rights in Purbalingga regency. The method that applicated in this research was juridical sociological. Based on the study, local government has made protection to intellectual property rights through socialization to the public. However, there were factors that tend to hamper the protection of intellectual property rights, including law enforcer/officer factors, media and facilities factors, community and cultural factors. In the research, researcher suggested that the local government made a cooperation with central of intellectual property rights in college, considering human resources still relatively didn't understand technical drafting of intellectual property rights registration. Keywords: legal protection, intellectual property rights, intellectual property of traditional / native societies

IMPLEMENTASI UU NO. 13 TAHUN 2003 TENTANG KETENAGAKERJAAN BAGI TENAGA KERJA PEREMPUAN DI KABUPATEN PURBALINGGA Rahadi Wasi Bintoro; Riris Ardhanariswari; Rahman Permana
Jurnal Dinamika Hukum Vol 8, No 3 (2008)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2008.8.3.79

The governmental intervention through law and regulation have brought the elementary change in labour relationship, namely the nature of private and public, so that regulation thet released by government have in such a way broadness, not only in law aspect which relate with the job, but also before and after labour relationship. This concept have accommodated in Law Number 13 Year 2003 about labourness. Law No. 13 Year 2003 have given the arrangement about the protection of law for woman labour, such as the protection of law for underage woman labour, the protection of law for pregnant woman labour and the protection of law in the case of in working and take a rest. But in the other hand, in Law No. 13 Year 2003, there are weakness in giving protection for woman labour. Based on Article 10 sentence (1) and (3) Law No. 32 year 2004 about Local Governance, that besides political business abroad, defender, security, yustisi, fiscal and national monetary, and also religion become the business of local government. For the reason, Local government can release the furthermore regulation such as local regulation and also regent decree, utilize to arrange furthermore about labourness. Kata kunci : tenaga kerja, perusahaan, perlindungan hukum

TRAFFICKING: SUATU STUDI TENTANG PERDAGANGAN PEREMPUAN DARI ASPEK SOSIAL, BUDAYA DAN EKONOMI DI KABUPATEN BANYUMAS Hj. Siti Muflichah; Rahadi Wasi Bintoro
Jurnal Dinamika Hukum Vol 9, No 2 (2009)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2009.9.2.222

Trafficking or people commerce is a recruitment, transportation, reception centre, sending, moving or reception somaone with threat, harshness, abduction, forgery, deception, abuse of power, trapping of debt or giving payment or profit, so get approval from people holding to conduct of others, both for conducted in inter-states and state for ceploittation or result people exploited. From understanding above, hence form trafficking can in the form of labor migran legal also illegal, worker of hausehold, worker of commercial seks, wedding orger, spurlous child adoption, beggar, pornography industry, circulation of forbidden drug and sale of body organ. Pursuant to research result, trafficking form that happened Banyumas is expressed. Its for ecample that is husemaid labour of migran and worker of commercial seks. Form of him not yet been expressed. Cause factor the happen of trafficking is economic factor or poorness, education which relative lower, patriakhi culture who then push woman motivate to fulfill requirement of economics and fulfill the him of as especial entrpreneur. The trafficking victims less get protection of law, this matter is caused by law and substanstion regulation completely arrangen protection to victim. The adjacent is theoretically conducted in three aspects, its relocation, repatriating, and reintegration, but not all victims get adjacent pattern. Kata kunci : trafficking, perlindungan hukum, perantara, korban

SENGKETA LINGKUNGAN DAN PENYELESAIANNYA Handri Wirastuti Sawitri; Rahadi Wasi Bintoro
Jurnal Dinamika Hukum Vol 10, No 2 (2010)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2010.10.2.149

Continuation of the environment at the end of this century has more attention, not only in Indonesia but also throughout the world. Sustainability of the environment this time was viewed as an obligation of the world community. This matter then pushing the environment damage becomes a deed of contempt of court, so it can be a reason to submit the suing. This article study about the solving of environment dispute by extrajudicial procedure and solving of environment dispute by judicial procedure. Based on the analysis, the pollution and destruction of the environment resulted in the loss of certain parties, such as community, the environmental organizations and government. This can be resolved through extrajudicial or judicial procedure. Solution of extrajudicial dispute can be done by mediation, and conciliation of arbitration. Solution by litigation can be done by class action, legal standing, suing to PTUN.Keyword: Sustainable development, dispute resolution, arbitration,

ASPEK HUKUM ZONASI PASAR TRADISIONAL DAN PASAR MODERN Rahadi Wasi Bintoro
Jurnal Dinamika Hukum Vol 10, No 3 (2010)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2010.10.3.105

The existence of traditional markets in urban areas from time to time further increasingly threatened by rampant construction of modern markets. Therefore, in this paper the authors are interested to explore some aspects zoning laws of modern markets and traditional markets. Based on the analysis, zoning traditional markets and modern market is the authority of local governments as stipulated in Presidential Regulation Number 112 Year 2007 concerning Settlement and Development of Traditional, Modern Shopping Centers and who is the embodiment of Law No. 5 Year 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition healthy. If the establishment of a modern market violates the provisions of Law No. 5 Year 1999 and Presidential Decree. 112 Year 1999 will be reported to the KPPU to be examined.In addition, with no establishment of zoning district regulations regarding local government market has resulted in unlawful acts and therefore can be sued by actio popularis lawsuit or citizen law suits.Keywords: zoning, traditional markets, modern markets

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