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INDONESIA
JURNAL PROPERTY RIGHTS
Published by Universitas Kanjuruhan Malang
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Articles 33 Documents
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Perkawinan Suku Dhawe Kabupaten Nagekeo Nusa Tenggara Timur Menurut Hukum Adat Dan Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan Gamo, Emilia
JURNAL PROPERTY RIGHTS Vol 1, No 1: Oktober 2014
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To know the marriage in Dhawe tribe and the maturity before getting married based on common on law for the people of Dhawe tribe in Nagekeo district is the part of Indonesian society who have norms and certain costoms. To describe n analyze the application a bout marriage conventional system of Dhawe tribe n the sign of maturity, giving the alternative, in order to know deeper the marriage processes according to the law conventional n positive law n to know the necessaries that are needed as the sign of respect for Dhawe tribe, in case of knowing the comparison n the difference between. Conventional law n positive law. The approximant method is sosiologi law whinch means to analyze various rule of laws that relate with relate with marriage based on conventional law of Nagekeo district.The problem solving in this theses by using the descriptive and qualitative methol. The data source is taken from the prime data that is directly taken fron the main source of the data or information given by the custom functioners. And the second data is the supporter data from the second source for the first data namely literature, legal documents, texts n library. The technical data collection is that the prime data is taken by doing interview about Dhawe tribe’s marriage to the custom missioners and society of Dhawe tribe by using respondent technique that are already united in note form meanwhile the secondary data is taken the is taken from the divining manual study such as document, internet, scientific journal and etc by learning and analyze the data. The technique of data analyze is used to express and analyze the description, condition and the development of conventional law aspect or Dhawe tribe in Nagekeo district. Meanwhile qualitative means the thinking process and to compare the one and another factors by concluding they view points of the writer.The result of application marriage system and the sign of maturity of Dhawe tribe in Nagekeo district that a girl is allowed to get married if she has fulfilled the maturity processes by being cut the teeth. She may follow some stages of marriage like tied application or conventional marriage and religious ceremonials. Thus the marriage conventional law is stated perfect. Meanwhile, the comparison between the conventional law about the marriage of Dhawe tribe in Nagekeo district according to the conventional law must be done and if the law is not being obeyed one will be punished according to the rules that are accepted in Dhawe tribe and as the part of national culture that causes the difference law as the social fenomena, seasonal, environment, insight and political pattern. While the similarity is caused by the existence of law and justice based on the constitution number 1 the year 1974 that is valid to tie the third side along it is noted in clausula or it is agreed marriage convention.
Peranan Dinas Tenaga Kerja dan Transmigrasi dalam Memberi Perlindungan Hukum Terhadap Pekerja Sistem Kontrak Prasetya, Yogie Agung
JURNAL PROPERTY RIGHTS Vol 1, No 1: Oktober 2014
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Good government in the field of employment as though less of attention to the fate of the workers. This is supported by the doctrine of stability which is weakened the bargaining position of employment. Especially with the many companies that use contract system (outsourcing)  that makes the most workers feel their rights are lacking. the lack of government and the rules of employment  became occurrence of contract systems practice (outsourcing) and more contract in Indonesia.Based on the fact that occur in the field, so the writer make the statement of problems: the problem that is faced by the official of employment in Mojokerto regency in given the law protection for outsourcing employment, the efforts of official employment in Mojokerto regency in given the law protection for outsourcing employment. The purposes of this research are to describe and to analyze the problem which are faced and the role done by the official of employment in Mojokerto regency in given the law protection for outsourcing employment.To answer the statement of problem and research purposes are used sociological research methods. the type of data include primary data and secondary data was done by doing research in the field and completed by research in the library. While to get a sample that is by doing interview with the parties who are be investigated.From the results and discussion there are many violations for contract system of employment (outsourcing) which the rights are not given by the company. the lack of supervision in the field of employment by employee in official of employment and transmigration in Mojokerto regency. many of  unemployments and the minimum of job vacancy is marked with the many of cases included of official employment in Mojokerto regency. Therefore, it needs the support of all parties, especially the government to be more selective to give protect to employment and give the firm sanctions for employers who violate the employment laws.
Tinjauan Yuridis Kewenangan Mahkamah Konstitusi Menguji Peraturan Pemerintah Pengganti Undang-Undang Terhadap Undng-Undang Dasar Republik Indonesia Tahun 1945 Zainuri, Ahmad
JURNAL PROPERTY RIGHTS Vol 1, No 1: Oktober 2014
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ABSTRACT Zainuri, Ahmad, 2014 The Juridical Review On Authority Of The Constitutional Court in order to Examine the Goverment Regulation that Replacing Constitution Of Indonesian Republic, Mini Thesis, Department Of Jurisprudence, Faculty Of Law, Kanjuruhan University Of Malang, Supervisor I Miya Savitri., S.Pd., M.Hum, Supervisor II Sulthon Miladiyanto., SH., MH. Keywords: Authority, Constitusional Court, Government Regulation to Replece Law. Objectives of the research are to find out: constitutional authority of the constitutional court to examine the government regulation to replace law, juridical implication on constitutional court to examine the  government regulation to replace law.  The legal research is library research, in which it is research that observes law principles, law systematic, law synchronization level, history of law, and law comparison. This research applied some approaches such us statute approach and conceptual approach. Data source of this research is secondary data that includes primary, secondary, and tertiary materials. The analysis technique on law materials was done qualitatively. After performing the research, the writer has found as follow: first , the position of government regulation to replace law after following the amendment UUD 1945 that has conformed to the Indonesian constitutional system, the presidential system, whereas materials  government regulation to replace law has been organized in article 22 of UUD 1945, which have never been changed, both the government regulation to replace law and law have similarity based on its substance, but they are different based on the from and condition (time) when they ware established, so that the constitutional court has authority to examine the government regulation to replace law.  It show that the constitutional court treats UUD1945 as living document, which interprets UUD 1945 in accordance with the condition at present, the base of law, taken by the constitutional court to examine the government regulation to replace law, is decision of ththe constitutional court number 138/PUU-VII/2009. The juridical implication concerning with the authority to examine the government regulation to replace law by the Constitutional Court has created some problem of law over the authority of the Indonesian Legislative Assembly, in which in accordance with UUD 1945, the Indonesian Legislative Assembly has an authority to accept or reject such the government regulation to replace law. Such law problem occurs if, in the same time the Constitutional Court to examine the government regulation to replace law, while the Indonesian Legislative Assembly is in court session in response to the government regulation to replace law.
Tinjauan Yuridis Terhadap Penerapan Asas Akusator Dalam Hukum Acara Pidana Indonesia Yulianto, Nanda Dirka
JURNAL PROPERTY RIGHTS Vol 1, No 1: Oktober 2014
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Aviolence action by law enforcer apparatus,especially police investigator, physically or psychologically, to ask the suspect admit a mistake that net certain to do in preliminary investigation to get an admission of his / her crime.            Based on that case , this research take problems formula that are , How is the accusatoir basic application in procedure of criminal of Indonesia and what is the law implication as the result of unfulfilled accusatoir basic in procedure of criminal of Indonesia. The objectives of this research are to know and to analyze the law application and law implication of unfulfilled accusatoir basic. The benefits are to give comprehension about the law application and law implication of unfulfilled accusatoir basic.            Kind of research on this research is normative juridical law research using law approach method and conceptual approach method. Kind of law material of this research was got from primes law material, secondary and tertiary law material, and then to be analyzed using inductive deductive analysis technique.            From the result of the method above, this accusatoir basic and already applied on the beginning processof criminal jurisdiction , the law implication of unfulfilled accusatoir basic is a violation of human right that not appropriate with Indonesia philosophy and cause null and void decision for law .
Tinjauan Yuridis Euthanasia Dalam Hukum Pidana (Studi Perbandingan Hukum Pidana di Beberapa Negara) Mayasari, Cicik Panca
JURNAL PROPERTY RIGHTS Vol 1, No 1: Oktober 2014
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Nowadays, social culture has changed in the society. Most of them dominated with the new knowledge and new innovations of modern technology. One of them is medicine that has dominated of new innovations and modern technology. Through the progress of medical technology modern, then the diagnosis of disease could be done more effective in medicinal treatment. Even though, the progress of health has reduce and lost the illness even the medical patient have a hold life by the “respirator”, but sometimes the medical patient cannot be save. This happen will be discomposed of the family by the medical patient, and then they chose the way is doing by euthanasia practical. From many sources there are many kinds of euthanasia practical. Nevertheless, all of them are part of human’s right. And then euthanasia have contravene of morality, social, law and religion.            The approximation method will be use is approximation of laws of KUHP and comparative approximation that compare between the rules of laws from Indonesia and Holland. About the rule of euthanasia from America and Belgium.            Actually, the morality of passive euthanasia it could receive by society in Indonesia. So that the doctor is cannot be a killer which is continuing ever after. Though, the asking of doing the euthanasia active will become fidgety by the doctor. If we refer to the law especially the criminal of law, then euthanasia is part of criminal that killing of human’s life based on criminal of law no 334 KUHP. Based on the history, this section never getting of the euthanasia’s doer so that is not effective. The reformism development of law especially in criminal law, so that the number 344 KUHP need more observation that can be useful for the social development. The country has legality of the euthanasia have a specific rule and submission procedure of euthanasia that is much closed with the stages.            The government should be specific organize about the problem of euthanasia then there is no conflict for one to another. Necessary to presence the laws that its can arrange the problem of euthanasia.
Tinjauan Yuridis Terhadap Pertanggung Jawaban Pidana Anak Pelaku Pencurian Dengan Pemberatan Wasahua, Ahmat Nawawi
JURNAL PROPERTY RIGHTS Vol 1, No 1: Oktober 2014
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This study aims at determining the criminal liability of theft done by children by weighting and the legal reasoning of judges in imposing juvenile criminal theft by weighting.This research was conducted in the District Court Kepanjen by conducting direct interviews with the judges who decided the case of theft by weighting performed by the children as well as taking a copy of the decision related to solving problems by weighting the crime of theft comited by children.In addition, the researcher also conducted a study of literature by means of reviewing books, literature and legislation related to problems that are discussed in the thesis of the researcher.The findings obtained from this study include: (1) Accountabillity of perpetrators of criminal child theft by weighting that is a violation of article 363,paragraph 1 (a) 3 and 5 of the criminal code (KUHp), In addition, criminal liability is imposed in a criminal act of theft by weighting performed by the defendant by not looking at the value at stake  and the reason for committing a crime, but whether or not the defendant committed the crime of theft  by weighting. (2) Consideration of the judge in imposing  criminal laws against child criminal theft by weighting based on the evidance; that is, the testimony of witnesses and the testimony of the defendant together with the evidance submitted by the General Prosecutor and the facts revealed in the trial.In addition, the criminal sanctions given are not intended to distroy the future of a child who has committed  the crime of theft by weighting. But rather to privide a deterrent effect so that the child does not repeat such actions and make the child better and beneficial to the country and nation.
Perjanjian Perkawinan Ditinjau Dari Kitab Undang-undang Hukum Perdata Pasal 29 Undang-undang Perkawinan Nomor 1 Tahun 1974 Fatmasari, Fatmasari
JURNAL PROPERTY RIGHTS Vol 1, No 1: Oktober 2014
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In accordance with human nature has an instinct and desire to maintain or off spring generation. In this case, something makes it happen is do weddings or marriage. Marriage is the only way to form a family, because marriage is absolutely necessary as a requirement of establishment a family also according to any religion. Therefore, the authors formulate the issues in the following questions: (1) what forms of marriage Agreement in the Book of the Law and the Civil Law No.1 of 1974AboutMarriage? (2). How legal consequences arising from the implementation of the Agreement in the Book of Marriage of Law and the Civil Law Act No.1 of 1974?             The research method used in this paper is the normative law research methods that the research done by examining library material so secondary data consisting of primary legal materials, law materials and secondary law materials tertiary.             The problems marital agreement forms and legal consequences in the Civil Code and Marriage Act No. 1 of 1974: (a) In the Article 29 of the Marriage Law No.1 of 1974 is simpler and stronger because it must be made in writing not to say like what is prescribed in Islamic law. Where the marriage agreement made by both sides in writing can also be made in the form of certificates and approved by the Registrar of Marriage Employees are held. In Article 29 paragraph (1) of the Marriage Law No.1 of 1974 has been determined that the agreement must be in writing form. (b) The legal consequences arising under Law no.1In 1974, the sides must also be prepared with the legal consequences that would arise if the violation of the marriage agreement. Morally and psychologically marriage agreement would lead to a feeling of distrust towards his life partner. He will be shadowed by the fear if their partner violated the agreement. This anxiety will lead to unhappiness in running the household. In sociological and cultural marriage agreement caused the existence culture shock
Tinjauan Yuridis Mengenai Inkonsistensi Pengaturan Hukum Tentang Kewenangan KPK dan Polri Dalam Proses Penyidikan Tindak Pidana Korupsi Maulana, Adam
JURNAL PROPERTY RIGHTS Vol 1, No 1: Oktober 2014
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In Indonesia, corruption has been inhibiting the national growth in various sectors. Regulations concerning corruption are already sharp but the corruptor has not learned any lesson. Both KPK and National Police have legal authority in a corruption investigation. Yet, there is an overlapping element in the regulation authority, resulting in a feud between the KPK and the National Police in the investigation stage.            Based on the above, this study raised the research problem, namely, how the legal arrangements between the KPK and the National Police authorities in the investigation of corruption, and how alternative legal arrangements between them in the investigation of corruption. The benefits are to provide an understanding of the consistency of law enforcement of corruption.            Type of this study is a normative legal research using law approach and legal systems comparison. Types of legal materials in this study obtained from primary legal materials, secondary and tertiary legal materials that were collected by the documents and literature studies. The method of legal materials analysis received from theological and systematic interpretation.            From the results of the research using the method above, it is found that the investigations of corruption by the KPK is based on Law No. 30 of 2002 concerning KPK, while the National Police’s investigation is based on the KUHAP Juncto law No. 2 of 2002 about Police Juncto and Presidential Instruction No. 5 of 2004 about acceleration of the corruption eradication. Meanwhile, the alternative arrangements investigation is that KPK is authorized to conduct investigations of corruption exceeds the value of Rp 1 billion, and the National Police is given an authorized investigation and inquiries with corruption values less than Rp 1 billion .            Based on the research results, it can be concluded that essentially KPK and National Police has the formal authority to do investigation of corruption. Then, there should be established a specific regulation arrangements about who is entitled to conduct law enforcement investigations and regulates the boundaries of each authority in the investigation of corruption.
Kepastian Hukum Perjanjian Paket Produk Telkom Melalui Perangkat Elektronik jprautor, jprautor
JURNAL PROPERTY RIGHTS Vol 1, No 1 (2015): Oktober
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Indonesia merupakan Negara hukum yang menjadikan hukum sebagai instrumen untuk mengatur tingkah pola hidup masyarakat. Seiring dengan berjalannya waktu pola hidup dalam kehidupan manusia berubah pula, dari yang semua serba manual, manusia menginginkan hal yang instan dengan fasilitas dan kenikmatan yang tersedia. Kenyataan hukum adalah suatu kenyataan yang menimbulkan akibat hukum, yaitu terjadinya, berubahnya, hapusnya dan beralihnya hak subyektif, baik dalam bidang hukum keluarga, hukum benda maupun hukum perorangan. Tujuan dari hukum adalah mencapai keadilan, kepastian dan kemanfaatan bagi subjek hukum.Dalam penelitian ini penulis merumuskan beberapa masalah yaitu: Apakah Standart Operasional Procedure (SOP) PT. Infomedia Nusantara dalam melakukan perjanjian paket produk Telkom melalui perangkat elektronik sudah memberikan kepastian hokum bagi para pihak yang melakukan perjanjian? Dan Bagaimana jika salah satu pihak dirugikan oleh sebab wanprestasi dan bagaimana upaya penyelesaiannya? Lokasi penelitian berada di plasa Telkom kota Malang.Metode yang digunakan di dalam penelitian ini adalah metode yuridis empiris dengan teknik wawancara. Kepastian hokum perjanjian paket produk Telkom lewat perjanjian melalui perangka telektronik tercermin dalampasal 1 ayat (2) dan ayat (17) Undang-Undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik dan memenuhi syarat sahnya suatuperjanjian Pasal 1320 KUHPerdata.Perlindungan hokum bagi parapihak yang terikat dalam perjanjian paket produk Telkom lewat perjanjian melalui perangkat elektronik tentang wanprestasi atau ingkar janji telah diatur dalam UUPK yaitu pada Pasal 4 mengenai hak konsumen antara lain mendapatkan barang yang sesuai nilai tukar dan kondisi serta jaminan, mendapatkan informasi mengenai barang, dan mendapatkan ganti rugi, Pasal 5 mengenai kewajiban konsumen antara lain mengikuti prosedur penggunaan barang, beritikad baik dalam melakukan transaksi pembelian barang, dan membayar sesuai kesepakatan, Pasal 6 mengenai hak pelaku usaha antara lain menerima pembayaran sesuai kesepakatan, mendapatkan perlindungan hokum dari konsumen yang beritikad buruk, dan hak untuk pembelaan diri sepatutnya, dan Pasal 7 mengenai kewajiban pelaku usaha antara lain beritikad baik, memberikan informasi yang benar, jelas, dan jujur mengenai barang, dan memberikan ganti rugi atas kerugian akibat penggunaan barang yang diperdagangkan yang sebagian besar sudah terimplementasi dalam ketentuan hak dan kewajiban konsumen. Di luar itu pihak Telkom mempunyai ketentuan tersendiri tentang kelalaian konsumen dalam membayar tagihan rekening yaitu kalau jatuh tempo sampai dengan 3 bulan dilakukan pencabutan jaringan.
Perlindungan Hukum Terhadap Anak Sebagai Saksi Pada Tahap Penyidikan Berdasarkan Undang-Undang Nomor 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak jprautor, jprautor
JURNAL PROPERTY RIGHTS Vol 1, No 1 (2015): Oktober
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The protection of children as witnesses are all activities to ensure and protect children and their rights as a witness in order to provide information for the purpose of investigation, prosecution, and trial court examination of a criminal case is heard, seen and / or experienced themselves. Problems studied is whether the juvenile criminal justice system already reflects and manifests a sense of justice for children as witnesses and the rights of children as witnesses at this stage of the investigation that must be met by the police and how the process protection.The study design is a juridical empirical study design, which is located in the Resort Police Malang City. Procedures and techniques taking samples using purposive sampling. The primary data collection techniques traced and obtained through interviews and direct observation by the police in particular to the official PPA Unit (Ministry of Women and Children). Analysis of data obtained through interviews, field observation, and data from the literature study will explain the real situation.The protection afforded by the investigator to the child as a witness is medical rehabilitation and social rehabilitation, both within the institution and outside the institution. Safety assurance, both physically, mentally and socially and ease in obtaining information about the development of the case. Rights of the child as a witness in the investigation stage in Malang City Police among others, keep the identity of the child as a witness; mentoring by parents, guardians and psychologists; and inform the witness about the purpose of his calling. While the process of protection at the time of the call and inspection.Based on the description of the previous chapter it can be concluded that the protection provided by the investigators Resort Malang both the rights of children as witnesses and protection processes are still many who have constraints, for example the revision or improvement of the Law on juvenile criminal justice system will be in vain , if not accompanied by adequate infrastructure and should be increased when examination of children as witnesses by investigators Resort Malang City. Problems short time troublesome investigations to adjust school hours child witnesses to be called and questioning.

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