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INDONESIA
KEADILAN PROGRESIF
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Core Subject : Social,
Jurnal ini berisi hasil riset atau tinjauan atas suatu permasalahan hukum yang berkembang di masyarakat (artikel lepas), dimungkinkan juga tulisan lain yang dipandang memberikan kontribusi bagi pengembangan ilmu hukum. Pertama kali terbit pada September 2010. Terbit dua kali setahun, setiap Maret dan September.
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Articles 162 Documents
Pertimbangan Hakim Pengadilan Agama Kelas IA Tanjung Karang Tentang Pembagian Harta Bersama Antara Suami dan Isteri Meita Djohan Oelangan; . Kamsari
KEADILAN PROGRESIF Vol 3, No 2 (2012): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Problem of community property is territory of jurisdiction whidh not touched or not thought (ghair al-mufakkar fih). Spouse of wife husband which have divorced even progressively noise with .Problem of community property which complicated, finally back part to progressively  make  conference hot in justice because both side claim even she/he which have rights to get bigger than his/her couple. But, time and social cortex in modern epoch now already different where with limitation and husband skill caused wife to not stay quite and follow to account family economy burden.  If happen  problem of community property must finished wih justice, consideration of judge with ½ : ½ feel not fair according to wife, so that arise a problem, how about consideration of judge in stop the dispute of community property and how about its solution. This research to analyzing considering of judge in comprehending section 97 KHI about divided dispute of community property. Method which used by passing Yuridis Empiris approach. Empiris approach because approach to get divide of community property data among wife and husband to give sense of justice to people. Result of research which get where judge in give considering and fairing just see with casuistis and tend to think doktriner-normatif-deduktif., though regulation about devide of community property  having character absolute. But according to judge to do ijtihad finding a new law to make the people feel fair. Example, if wife have contribution bigger than in community property, while husband is not work and have bad character hence the divide is not ½ : ½ but can other specified, example ¾ : ¼  ( wife get ¾ and husband get ¼, so the rights of wife is protected). 
Upaya Penegakan Hukum terhadap Tindak Pidana Keimigrasian Bambang Hartono
KEADILAN PROGRESIF Vol 3, No 1 (2012): Maret
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Relation Bilateral and also multilateral between Indonesia with the other;dissimilar state cause the current go out entry of foreigner become to mount the. Consequence from  that human being movement is to the number of happened by the that good immigration collision is administrative collision and also Doing An Injustice of Immigration like existence of abuse of immigration permit, passport forgery, visa forgery and others by international syndicate organized  and also oknum-oknum foreigner alone, others they conduct the doing an injustice narcotic, prostitution and terrorism,. Strive the straightening of law passing immigration action, not yet full executed. Where straightening of law of doing an injustice of immigration only limited to action imposition which is in the form of administrative do not reaching process criminal justice.
Implikasi Globalisasi dan Penegakan Hukum Progresif di Indonesia Dharma Setiawan Pagaralam
KEADILAN PROGRESIF Vol 2, No 1 (2011): Maret
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

The implication of globalization toward Indonesia law order, most off all enter topass international agreement that ratified, influential towards law system, that isfrom aspect subtance with more law and regulation quantity that profess tounderstand liberal or neo-liberal; from structure aspect influences aparatur in decidewisdom inclined pro-state progress regardless of society condition, and from aspectcurtural influences manner looks at, attitude, and society behaviour inclined individualtowards obedience and cognizance right and law duty. Law enforcement in Indonesiais crisis, such crisis condition, can be sowed with institution loss authoritative,curropt apparatus and figured think positivistic analytic, low of legal cultural society,with legal culture doesn’t support, so that need a efforts approaches new progressive,by think holistik.
Pembangunan Hukum Hak Asasi Manusia di Indonesia dalam Era Globalisasi Tami Rusli
KEADILAN PROGRESIF Vol 2, No 2 (2011): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

This study is about development of human rights regulations in Indonesia inglobalization era. Perspective of law science, the revolution theory which until nowbecomes concern in Indonesian case, it is because there are lot of legal regulationswhich touch the lives of the basic welfare of the majority are still dominated by therule of law derived from colonial product, such as the Criminal Code, Civil Code andthe Commercial Code. Those legal regulations still have clash in substance with theconcept of human rights in Indonesia. This situation must have been realized, andthe awareness increases enthusiasm for the construction of national law. Should webuild a legal system based on Pancasila, ideas such as this gives a large place toexplore the principles of customary law in making laws to conform with the ideals ofthe law of Indonesia, namely willing the Pancasila and 1945 Constitution in whichthere is recognition of basic human rights as the realization of human rights.
Penyelesaian Konflik Pertanahan di Provinsi Lampung Dimiyati Gedung Intan
KEADILAN PROGRESIF Vol 2, No 2 (2011): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

This study is about land conflict resolution In Lampung Province. The legal frameworkis land in forest areas in the register 45 and the other forest regions. Later this studywill discuss also foundation for local governments and communities to resolve landconflicts in each district in Lampung province which as a basis for achieved longtermdevelopment objectives, namely address the problems of poverty, developcommunity economic system, development of economic stability and environmentalpreservation. Rights granting Industrial Forest Plantation Management should beexamined in order to prevent illegal activities in forests Register 45, because itsmanagement is not in accordance with permission granted to the company. Localgovernment should helps to resolve land dispute with communities affected bycompany, which has not been held and compensation have not been register, right tocultivate the National Land Agency, and examine the documents that exist in thecompany.
Implementasi Tanggung Jawab Sosial Perusahaan (Corporate Social Responsibility) pada PT.Kalirejo Lestari Tami Rusli
KEADILAN PROGRESIF Vol 3, No 2 (2012): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

In this time company do not only having legal and economic obligations to stockholder ( shareholders) but also obligations to other partys which is have importance ( stakeholders) pass program of CSR. CSR meant to push behavioral corporate world [of] me more ethical by giving contribution to development of economics in running its effort activity. included of CSR into law and regulation of change over paradigm him of CSR, what initialy initialy have the character of voluntaryly ( voluntary) turn into a[n obligation ( mandatory). As for problem of this research is arrangement concerning social responsibility of company ( CSR) in Indonesia and also social responsibility implementation [of] company ( CSR) at PT. Everlasting Kalirejo. Result of research indicate that Arrangement concerning CSR in Indonesia for example in arranging in Code Number 19 Year 2003 about Body of[is Effort Publik Ownwrship, [Code/Law] Number 25 Year 2007 about Cultivation Of Capital, Code Number 40 Year 2007 about Limited Liability, Code Number 4 Year 2009 about Mineral and Coal, and also Code Number 32 Year 2009 about Protection and Management Of Environment. Implementation of CSR at PT. Kalirejo have walked is good enough, but still there is no Performance Report of CSR done by company. Execution of CSR done by companys in Indonesia still many in the form of development community, charity, or activitys of filantropi. And frequently activity of the CSR not yet been related to three element 3BL becoming key of development of have continuation 
Aspek Hukum Peranan Wali Amanat dalam Penerbitan Obligasi Syariah Mudharabah Dita Febrianto
KEADILAN PROGRESIF Vol 1, No 1 (2010): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

The Sharia bonds arise in connection with the development of Sharia financialinstitutions, such as Sharia insurance, Sharia pension funds and Sharia mutual fundsin need of alternative investment. National Sharia Board Decision (DSN) No.32/DSN-MUI/IX/2002 about Bonds and the National Sharia Board Decision (DSN) No.33/DSN-MUI/IX/2002 about Sharia Mudharabah Bonds, Sharia Bonds provides that asa long-term that are debt, with obligation to payed interest at a certain period andrepay principal. So, Sharia Mudharabah Bonds in principle being is debt letters withEmiten obligations of the profit sharing to investors.
Analisis Tolok Ukur Non Konstitusi dalam Pengujian Undang-Undang Terhadap Undang-Undang Dasar 1945 . Baharudin
KEADILAN PROGRESIF Vol 3, No 2 (2012): September
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Abstract

This research study about Analysis Measuring Rod of Non Constitution In Examination Of Code To Constitution 1945, problems focus cover: rule condition and reason of non constitution can be made measuring rod in examination of code to Constitution 1945 at Lawcourt Constitution. Result of research of menunjukan that there are basis for idea enabling of usage of[is non constitution in decision, that is is: First, Lawcourt Constitution in testing Code obliged to dig values punish and sense of justice which live in society pursuant to UUD 1945 as highest elementary law and also Code as formulation of UUD 1945. Both, Praktik Lawcourt Constitution in former decision No. 27/PUUVII/2009, 16 June 2010 for example expressing "... as long as Code, product discipline institute state, and law and regulation arranging formal or mechanism of prosedural that emit a stream of from delegation of kewenangan according to constitution hence that law and regulation can be utilized or considered as measuring rod or acid test in examination of formal". Third, Usage of other Code as base consideration of law exactly to create fair rule of law as determined in Section 28D sentence (1) UUD 1945, and is Fourth, Enjoinment use other Code as base consideration of law [is] to reduce Lawcourt kewenangan as judicial power which independence to carry out jurisdiction utilize to uphold justice and law, and if section of a quo applied hence will limit Lawcourt function and duty in executing kewenangan given by UUD 1945.
Kewenangan Pejabat Pembuat Akta Tanah dalam Proses Jual Beli Tanah . Ermasyanti
KEADILAN PROGRESIF Vol 3, No 1 (2012): Maret
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Abstract

Process the switchover of land right have there [since away back, and usually arranged in customary law, principally Bold and Cash. Bold of its meaning in doing before public Functionary in charge and its meaning Cash is paid in cash. Become if price not yet keel, hence not yet can be conducted by a sales process, such sales have to be poured in pukka act which is made by PPAT as public functionary given by authority make the certain pukka act. Pursuant to above description it is important to know kewenangan of Functionary of Maker  Act of land in course of land;ground sales. Kewenangan of Functionary of Act of land Maker PPAT in purchasing and selling agreement of land is execute some of activity and registry with the duty of act making otentik as evidence have been done by a certain law deed hit the land right or Property of For Set of Mansions taken as base for registration of change of land registry data.
Pengawasan Yuridis dalam Rangka Mewujudkan Sistem Penyelenggaraan Negara yang Konstitusional Tanto Lailam
KEADILAN PROGRESIF Vol 2, No 1 (2011): Maret
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Abstract

Juridical control in order to realizirrg constilutional gorerhmehtal system, Juridical control by cohslitution court is juridical control form to prolecling indonesia people eokstitutional right,jutidical conttol to good democracy prccess (president and vice- president electioh, legislative election) also local election, juridical contrcl aboul state organ dispute, and Juridical control of president and vice presidenl of impeachment process. Juridical control functiok by cohstitution courl gtves opportunity lor cohstitulional govenmenld I system based on constitution. Juridical control by Juslice Cont about judicial reviev in this case Juslice Courl as lhe legitb&te inlerpreter ofthe ldw andjuslice, and administr.tlioh coultjuridical conlrcl isjuridical co lrol institution thal has authority to evaluates administration decision oppose against regulation and general basisso fgood, clean, strong government

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