cover
Contact Name
M Fauzi
Contact Email
fauzi.sh@gmail.com
Phone
+6281350004080
Journal Mail Official
risalahhukum@gmail.com
Editorial Address
Jl. Sambaliung, Gunung Kelua, Samarinda
Location
Kota samarinda,
Kalimantan timur
INDONESIA
Risalah Hukum
Published by Universitas Mulawarman
ISSN : 0216969X     EISSN : 27233766     DOI : https://doi.org/10.30872/risalah
Core Subject : Social,
Jurnal Risalah Hukum merupakan terbitan ilmiah berkala bidang ilmu hukum. Jurnal ini diterbitkan oleh Fakultas Hukum Universitas Mulawarman sebagai media publikasi pemikiran, gagasan maupun hasil penelitian dalam berbagai bidang hukum.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
Search results for , issue "Volume 5, Nomor 1, Juni 2009" : 7 Documents clear
Relevansi Mistik Dengan Budaya Hukum Indonesia Dalam Perspektif Filsafat Ilmu Malik
Jurnal Risalah Hukum Volume 5, Nomor 1, Juni 2009
Publisher : Fakultas Hukum Universitas Mulawarman

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Abstract

The culture affects the law in the public. Mystical represents a science affecting human mindset, which finally emerges in the cultural form. Cultural process affects the law into law culture. Philosophically, mystical emergence in the law culture can be seen in three aspects, i.e. ontology, epistemology and axiology. The issue should be complicated when the law culture mystical may be too dominant, thus affecting public mindset, for instance, in determining the choice of law during general election, or in ascertaining the regulated law provision during the election of public representative. It possibly constrains the law development because it has to adapt with worldwide change and progress. Therefore, mystical existence as a law culture must be put in the exact position accompanying with the appropriate law confirmation when it should be a part of explicit provision, such as the regulation of santet in the Criminal Code.
Implementasi Pasal 3 Peraturan Pemerintah Nomor 24 Tahun 1997 tentang Pendaftaran Tanah di Wilayah Kelurahan Bontang Kuala Kecamatan Bontang Utara Rina Ekawati
Jurnal Risalah Hukum Volume 5, Nomor 1, Juni 2009
Publisher : Fakultas Hukum Universitas Mulawarman

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Abstract

An interesting phenomenon relates with land registration. The usual object seems used to be national land, but the recent object of land registration corresponds with water. It becomes evident at Bontang Kuala Orchard where the inhabitants build their house on the surface of the sea. Therefore, such phenomenon remains as a subject to legal review in pursuant with Peraturan Pemerintah Nomor 24 Tahun 1997 tentang Pendaftaran Tanah as the legal base to regulate land registration of Indonesia.
KAJIAN YURIDIS EVOLUSI PRINSIP GOOD CORPORATE GOVERNANCE MENJADI GOOD BANKING GOVERNANCE Reka Dewantara
Jurnal Risalah Hukum Volume 5, Nomor 1, Juni 2009
Publisher : Fakultas Hukum Universitas Mulawarman

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Abstract

A reality that Indonesia recognize as one of the state which have applying the ugly good corporate governance principal either in privat and public sector, especially on banking sector. Pricewaterhouse Cooper study show that Indonesia under sequence with China and India with value 1,96 to principal applying good corporate governance. To corrected, various effort even also do to start with reform legislation, reform of bureaucracy, socialization of applying Good Corporate Governance till founding various institution utilize to support applying Good Corporate Governance, good policyy from Bank of Indonesia and Institution-institution which of initiative by stakeholders and share holders.
Kedudukan Bank Indonesia Dalam Kepailitan Bank M. Fauzi
Jurnal Risalah Hukum Volume 5, Nomor 1, Juni 2009
Publisher : Fakultas Hukum Universitas Mulawarman

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Abstract

In pursuant to the Pasal 2 ayat (3) UU Kepailitan, the position of Bank Indonesia in the banking bankruptcy will be as banking authority rather than as banking creditor. The determination of Bank Indonesia as the only party to submit the bankruptcy proposal over the bankrupt bank should not comply with generally accepted bankruptcy principles, aimed to give rights and protections for creditor interest. Therefore, the adjustment of legal construction of banking bankruptcy to the bankruptcy legal principles must be considered to realize the objective and the function of bankruptcy agency, and to protect the creditor rights. The objective and function of bankruptcy agency to protect creditor interest from the bankrupt bank can smoothly be ensured to stabilize banking in general.
Tinjauan Yuridis Kedudukan dan Fungsi Perjanjian Kerja Bersama dalam Hubungan Industrial Herdiansyah Hamzah
Jurnal Risalah Hukum Volume 5, Nomor 1, Juni 2009
Publisher : Fakultas Hukum Universitas Mulawarman

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Abstract

Work relationship between entrepreneur and worker constitutes a priority in the industrial relationship. Company’s smooth operation will be only determined from the maintenance of favorable relationship between both parties. Work relationship must be based on the fundamental guides or principles of agreement in binding both parties. The position and function of work agreement between worker and entrepreneur plays an important role in this case, which in the employment system of Indonesia, the term of “Cooperation Working Agreement” seems famously recognized. Such work agreement underlines favorable work relationship built through an attachment regulating the rights and obligations of each party. Therefore, the understanding over the position, function and the role of cooperation covenant in the work relationship should be important to realize harmonic and equal industrial relationship.
Kajian Yuridis Perlindungan Seimbang Bagi Factor, Client dan Customer Dalam Perjanjian Anjak Piutang (Factoring) Siti Hamidah
Jurnal Risalah Hukum Volume 5, Nomor 1, Juni 2009
Publisher : Fakultas Hukum Universitas Mulawarman

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Abstract

Factoring stands for one activity of financing agency but unrecognized in the KUHPerdata because it has higher risk susceptibility to the claim failure. Where unperformed client and customer in case of settling the factoring financing debt become evident, the factor company only remains as concurrency creditor. Although the unperformed parties against the content of factoring financing covenant must be customer and client, the factor party should the first priority of protection. Considering the factor as the party who gives financing and binds client through contract-standard covenant, the balancing covenant seems very important because it does not close the possibility of unperformed customer and client due to imbalanced position against factoring covenant. Research analyzes unsuitable clauses or those regarded as not giving balancing protection to factor, client, and customer according to KUHPerdata of factoring covenant and its alternative clauses. In this case, research may suggest that some clauses may stand against KUHPerdata such that it must fail to give balancing protection and position for related parties, in term of interest, fine, and additional collateral. The change over clauses must be important to give balancing protection
Badan Pengawas Penyelidikan Kepolisian Dahlil Marjon
Jurnal Risalah Hukum Volume 5, Nomor 1, Juni 2009
Publisher : Fakultas Hukum Universitas Mulawarman

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Abstract

Conducting investigation to search for or to collect the evidence in confirming the crime committed, finding the suspect, revealing the suspect and the motive of crime, refer to some routine works of police officers. Investigation paradigms and concepts change from Holland colonial to recent age, which one seems related to the establishment of Investigation Supervisory Agency of Police Department. In term of philosophy, the establishment of this agency may be aimed to the public to control over investigator action during crime management and to regulate the police members in the investigation division into objective, proportional, and professional individual when they carry on the duty.

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