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INDONESIA
JURNAL HUKUM
Published by Universitas Islam Sultan Agung
ISSN : 14122723     EISSN : 27236668     DOI : http://dx.doi.org/10.26532/jh
Core Subject : Religion, Humanities, Social,
Religion Humanities Social Sciences
The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; International Law; Constitutional Law; Administrative Law; Islamic Law; Economic Law; Medical Law; Adat Law; Environmental Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 11 Documents
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Search results for , issue "Vol 28, No 2 (2012): Jurnal Hukum Volume XXVIII No. 2 Tahun 2012" : 11 Documents clear
KAJIAN UNDANG-UNDANG OTONOMI DAERAH TERHADAP PERSOALAN BATAS WILAYAH Abdul Choliq Dahlan
Jurnal Hukum Vol 28, No 2 (2012): Jurnal Hukum Volume XXVIII No. 2 Tahun 2012
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v28i2.222

Abstract

Regional autonomy laws either to Act No. 22 of 1999 Article 89 and instead of Act No. 32 of 2004 still contains many weaknesses that ultimately caused many disputes issues between regions, especially specifically raises the issue boundaries. Thus certainly needed a legal product that is able to provide the answers and be able to prevent the emergence of inter-regional disputes, in this case the writer tend to choose in the form of laws rather than of laws under the Act because the problems that arise boundaries often cause much issues such as politics, economics, culture, religion, race and so forth.From the Nurbadri findings is achieved the important point that boundaries conflict between regions mainly influenced by the legal and non-legal factors. Legal factor consist of  2 (two): first law of substance caused by the formation of legislation that are too hasty, blurring the setting of boundaries, and the second, lack of socialization regional expansion law. Next is a legal structure is still obscure because of the change laws that are too short.Non-legal factors, the socio-cultural, economic, political and service approach. In order settlement boundaries to do with two approaches: first, the legal settlement can be reached through completion using region Autonomy and by the formation of legislation and settlement through the Constitutional Court, non-legal settlement, the first can be done through settlement discussions in which can be by way of consultation, negotiation, mediation, as stipulated in the Arbitration Law, as a way to find a solution for resolving regions boundaries conflict.Secondly, the inter-regional cooperation as specified in Article 195 of Law No. 32 of 2004. Third, socio-cultural approach as a step resolution by exploring indigenous cultures as to marriage (marriage custom) by mating two cultures, those are the local communities culture with immigrant communities (not native) as a measure to reduce border conflicts.Keywords: Law, Autonomy, Boundaries
IMPLEMENTASI KEBIJAKAN POLRI TERHADAP PELAKU PENGGUNA SABU-SABU DI BAWAH 1 GRAM (Studi Pada Wilayah Hukum Kepolisian Resor Kota Bandar Lampung) Bambang Hartono
Jurnal Hukum Vol 28, No 2 (2012): Jurnal Hukum Volume XXVIII No. 2 Tahun 2012
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v28i2.217

Abstract

Imprisonment is not the only way out of the actions for the perpetrator who use drugs and psychotropic, there is other way which can be passed by rehabilitation. The executant and distributor have different position which has to know. The executant is victim who should be rehabilitated, while distributor is criminal who should be in prison. The problems of this research is how the police policy toward the perpetrator of Heroin less than 1 gram.The research method which is used in this thesis is normative and empirical approach. Secondary data is obtained from any document or literature, and this approach is supported by three (3) legal materials, namely: primary legal materials, secondary and tertiary.According to the result, it can be concluded that the police provides policies to Heroin user less than 1 gram, but it bases on several considerations. It includes as follows: narcotic sand psychotropic perpetrator who is still under age at the first time caught and forced by someone, the evidence of heroin less than 1 gram, if the child is using heroin. Policy which is given by police toward the perpetrators of heroin under 1 gram consists of rehabilitation policy and the separation policy between users and distributor of narcotic sand psychotropic confinementKeywords : Implementation, Police, Heroi
KONSISTENSI PEMERINTAH INDONESIA DALAM POLITICAL WILL PASCA KEIKUTSERTAAN RATIFIKASI PERJANJIAN INTERNASIONAL DI BIDANG HAM Wahyu Nugroho
Jurnal Hukum Vol 28, No 2 (2012): Jurnal Hukum Volume XXVIII No. 2 Tahun 2012
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v28i2.223

Abstract

Commitment or often termed the government's political will to implement and enforce the rights of the ratification of several international human rights instruments are still being encouraged and is a logical consequence of the ratification of human rights. At the national level, there are government programs through the National Action Plan human rights ideal, but at the regional / local, still going violations of human rights and the implementation of a slightly run due to differences in the interpretation of the meaning of human perception among law enforcement, people’s (civil society) and the government.In this study, the observed variables are: first, the consequences of the government's participation in the ratification of treaties on human rights, which is then transformed into national legislation. Here, researchers are more focused on the political will of the government, and second, people's perception of human rights before the government took part in the ratification of treaties on human rights and the changes are positive or merely lip service and political imagery alone.Approach or method that is applied using a socio-legal research or empirical legal research. Key informants of this research is the Head of the sub-directorate of economic, social, cultural and development at the Directorate General for Multilateral Directorate of Human Rights and Humanitarian Ministry of Foreign Affairs, Head of legal harmonization in the Directorate General of Human Rights of the Ministry of Law and Human Rights, Commissioner Assessment and Counseling sub Commission on Human Rights at the National Commission on Human Rights and Resource Development Deputy Head of Human Rights in ELSAM (Institute for Policy Research and Advocacy). Interviews using questionnaires and interviewKeywords : Political will, government, ratification, treaty, international human rights.
MPD BUKAN ADVOKAT PARA NOTARIS BERDASARKAN UNDANG-UNDANG NO.30 TAHUN 2004 TENTANG JABATAN NOTARIS Aryani Witasari
Jurnal Hukum Vol 28, No 2 (2012): Jurnal Hukum Volume XXVIII No. 2 Tahun 2012
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v28i2.218

Abstract

Notary is apublic official who runs most of the public functionsin the state, especially in the civil law. Notary has authority to make authentic certificate of all deeds, agreements, and regulations which is obligated by legislation or which is desired by an interested party, to be declared in the deed authentic, guaranteeing deed date, saving certificates, giving grosse, copies and citations of certificates, all along the deed is not assigned or excluded to the officer or other person which is specified by law.In the authority need to carry out surveillance and MPD is the only aut horized institution to implement surveillance, inspection and giving punishment toward notaries in the district/city. The institution exists of Region Supervisor Council and the Central Supervisors Council.MPD has a special authority which can be run to check notary relate to the investigators request, prosecutors or judges to take a photocopy minuta or other documents which is attached to the minuta or protocols in Notary storage, calling the Notary related to deed which has been made or notary protocols which are in Notary storage.Keywords: Notary, MPD, Lawyer
KEBIJAKAN PEMERINTAH DAERAH DALAM MENERTIBKAN PEREDARAN MINUMAN KERAS DI KOTA CILEGON PROVINSI BANTEN Suwaib Amiruddin
Jurnal Hukum Vol 28, No 2 (2012): Jurnal Hukum Volume XXVIII No. 2 Tahun 2012
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v28i2.224

Abstract

Product of local government is needed to regulate various aspects in a area, especially in regulating the distribution of alcohol. While, Cilegon a pluralistic society because it is a gateway island of Java-sumatera, so it takes the right product from the target governmentThe results showed that the city government is committed to eradicate Cilegon liquor circulation by issuing a Regional Regulation No. 5 of 2001 on Decency Abuse, Alcohol, Gambling, Drug Abuse, Psychotropic and other Addictive Substances. That rule is a reference in the discipline and control of liquor producers and consumers. Obstacles encountered in circulation curb liquor constrained in financing and the availability of human resources, especially law enforcement officers. In addition there are indications of the involvement of law enforcement in the enforcement practice of accepting money from producers and consumersKeywords: Policy, Alcohol, Local Regulation
GAGASAN CALON PRESIDEN DAN WAKIL PRESIDEN PERSEORANGAN DALAM RANGKA PENINGKATAN KUALITAS DEMOKRASI DI INDONESIA Siti Rodhiyah Dwi Istinah
Jurnal Hukum Vol 28, No 2 (2012): Jurnal Hukum Volume XXVIII No. 2 Tahun 2012
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v28i2.219

Abstract

The emergence of idea toward the candidates of president and vice president independently is influenced by the people distrust tendency due to the role and functioning of political parties at this time.The national leadership quality has not been measured because of many leaders tends to pragmatic and ambiguous, this is because; lack of leaders resource quality who has specific character at the branches of country power in all stratification, as well as the rising phenomenon of leader who is oriented only to maintain power. Therefore, it seems reasonable if people expect the president and vice president candidates independently appropriate to the people in the upcoming election. The efforts were made in order to be approved of presidential and vice presidential independently in the upcoming elections by recovering enactment UU No. 42 Year 2008 about the President and Vice-President Election toward UUD 1945. Additionally alternatives can be pursued in adopting an independent candidate by constitutional convention. But it seemingly sustains trouble in implementation, the constitutional practice at this time with political interests.Keywords: Candidates for President and Vice President, Independent, Democracy
CORAK BUDAYA BIROKRASI PADA MASA KERAJAAN, KOLONIAL BELANDA HINGGA DI ERA DESENTRALISASI DALAM PELAYANAN PUBLIK Nur Hasan
Jurnal Hukum Vol 28, No 2 (2012): Jurnal Hukum Volume XXVIII No. 2 Tahun 2012
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v28i2.225

Abstract

The composition of the traditional government bureaucracy is still followed by the imperial bureaucracy, by dividing the affairs of government affairs in the kingdom and royal affairs. quality of the bureaucracy and officials expected nothing but the creation of a government apparatus that is reliable, able to carry out the overall general government administration, development and public services efficiently, effectively and professionally. Performance can be defined as the level of achievement in other words, the performance is the level of achievement of the organizational goals of the region. So to determine the performance of Local Government can be seen from how it looks in achieving results and how the results can be achieved in accordance with predetermined targets.Keywords: Shades Of Culture, Bureaucracy, Public Service
KEDUDUKAN DAN WEWENANG MAHKAMAH KONSTITUSI DALAM SISTEM HUKUM KETATANEGARAAN INDONESIA Nanang Sri Darmadi
Jurnal Hukum Vol 28, No 2 (2012): Jurnal Hukum Volume XXVIII No. 2 Tahun 2012
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v28i2.9783

Abstract

Fundamental changes in the 1945 is the amendment of Article 1 paragraph (2) as follows: "Sovereignty belongs to the people and carried out according to the Constitution". Change the 1945 Constitution has given rise to the Constitutional Court. By the Constitutional Court, the constitution guaranteed as the supreme law that can be enforced as it should. The Constitutional Court in its development, it is feared will be the agency that has authority super body.Particularly in resolving the matter related to its authority, the Constitutional Court can unilaterally interpret the Constitution without being questioned, other than that produced the Constitutional Court ruling is final and binding, so that when there is one party who feels aggrieved by the decision of the Constitutional Court cannot make the effort for other law.From the approach used in this study is normative juridical, because the study was conducted by examining library materials or secondary data relating to the status and authority of the Constitutional Court in constitutional legal system of Indonesia. Specifications of this research is descriptive analysis, which is expected to give a detailed overview, systematic, and comprehensive on all matters relating to the object to be examined. The data used in this study is secondary data, it means the data obtained from library materials collected through the study of literature and documentary studies, which are then analyzed qualitatively. The conclusion of this study is that the formation of the Constitutional Court in Indonesia is inseparable from the development of judicial review occurring in several countries in the world, especially during the implementation of judicial review which was pioneered by John Marshall in Marbury versus Madison case.Thinking about the importance of the Constitutional Court in Indonesia has emerged during the discussion of the draft Constitution in BPUPKI, then the idea of judicial review of the need to re-emerge during the discussion draft Judicial Power Act (Act No. 14 of 1970). At the time of the discussion of the 1945 changes in the era reformation, the opinion of the importance of the Constitutional Court appeared. Ultimately, the Third Amendment to the 1945 to be of the Constitutional Court, which serves as the guardian of the Constitution and constitutional interpretation.
PERSPEKTIF HUKUM SEBAGAI LANDASAN PEMBANGUNAN EKONOMI DI INDONESIA (SEBUAH PENDEKATAN FILSAFAT) Zulfi Diane Zaini
Jurnal Hukum Vol 28, No 2 (2012): Jurnal Hukum Volume XXVIII No. 2 Tahun 2012
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v28i2.220

Abstract

The role of law in economic development of a nation is something that cannot be ignored its existence. So it is very obvious, if the law of a nation is effective, economic development would be easy to implement. But otherwise if the law has not effective function, it can definitely be an adverse impact on economic development. This condition also exists to Indonesia as a country which is still developing the economic area. Moreover, when Indonesia declared in its constitution as a legal state (rechtstaat). From this it is also implied that Indonesia wants two things: Firstly, the law is expected to function, and secondly, the law can serve, then economic development would be easy to be realized.The economic nationalism spirit in the globalization era shows increasing realization of the urgency to be the national economy which is strong, tough and independent. Economic Democracy is based on the popular and family, as well as cooperative efforts animates economic behavior of individuals and communities. Thus Indonesia Economic Law in the form of the Margin of Appreciation becomes benchmark for the justification of the legal norms which is enforced so the core values of Pancasila as the national ideology is kinship with the community life ideal form in society, is society kinship, so in the field of economics, Pancasila ideology wants kinship (familial Economic Democracy Article 33 of the 1945 Constitution), which is realized through the welfare state.Keywords: Law, Basis, Economic
APLIKASI NILAI-NILAI ISLAM DALAM PERATURAN DAERAH (PERDA) TENTANG PENGELOLAAN ZAKAT DAN PROBLEMATIKANYA PADA ERA OTONOMI DAERAH DI KOTA SEMARANG Ira Alia Maerani
Jurnal Hukum Vol 28, No 2 (2012): Jurnal Hukum Volume XXVIII No. 2 Tahun 2012
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v28i2.221

Abstract

Zakat is an obligation for Muslims who associated with property owned by someone. It has tremendous potential for alleviating poverty. According to data Bappeda of Semarang, the number for poor people in the year 2008 reached 498,700 people or 31 % of the total population of the city of Semarang. This thesis raised two formulations of the problem. They are how the application of Islamic values in Local Zakat Management and what the problems and the solutions in the application of Islamic values against the Law Zakat Management in the era of regional autonomy in the city of Semarang.Application of Islamic values in the management of zakat as the values into the divinity (Tawheed), humanity, brotherhood, responsibility, and justice. Islamic values are already visible in our country basis of Pancasila. Islamic values are also contained in the Regional Regulation (Perda) Number 7 of 2009 on Management of Zakat. But the application of Islamic values is still weak. Normative problem faced is the lack of the punishments for the Muzakki who is ungrateful to pay zakat. The absence of sanctions to make products of this law (Law No. 38 of 1999 and Regional Regulation No. 7 of 2009) can not be said to be a law. As John Austin says there are four important elements to be named as the law, ie: commands, punishments, obligations, and sovereignty.Keywords: Application, Values of Islam, Regional Regulation, Zakat Management.

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