Jurnal Hukum dan Peradilan
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KONSEP DIYAT SEBAGAI ALTERNATIF PEMIDANAAN DALAM SISTEM PERADILAN PIDANA UNTUK MENGATASI FENOMENA OVERCAPACITY LEMBAGA PEMASYARAKATAN
Get PDFThrough the ecletic-incorporation method and prismatic concept, the concept of diyat which has been modified will make it able to experience the unification of the law for the nation of Indonesia. Through the goodness and excellence of the concept of diyat, the author believes it is an alternative solution to the failure of the Criminal Justice System that is currently used. The main objective of the Paradigm of the Pancasila Law is not just to achieve justice, but also to achieve peace in the life of society, nation and state. Reversing the conditions of the community to its original state (restitutio in integrum) is the main goal in the Paradigm of the Pancasila Law. However, the infiltration process of the concept of diyat, must be realized through in-depth study, in particular against any criminal acts that can be applied. The concept of diyat in its essence also brings about a shrinkage of the powers of the judge in imposing imprisonment against perpetrators of certain crimes that are established by the Political Criminal Law and Criminal Law System in Indonesia, once peace and justice is achieved by the victims and / or their families. The writing of this paper uses normative juridical method with approach to legislation, conceptual approach, philosophical approach and sociological approach. Keywords: diyat, fiqh, jinayat, crime, societ
PERLINDUNGAN HUKUM TERHADAP PENGETAHUAN OBAT-OBATAN TRADISIONAL DALAM REZIM HAK KEKAYAAN INTELEKTUAL (HKI) INDONESIA (Studi Pada Masyarakat Tradisional Sasak)
Get PDFIn the modern context, the Traditional Medicine Knowledge (TMK) of Sasak community is a valuable economic asset considering its usage as a basic knowledge (milestone) in the modern medicine discovery. As a form of human intellectual ability, TMK is regulated under the IPRs-TRIPs regime, whereas TMK have prominent opposite characters with IPRs. This fact raises particular issues in terms of: the form of Sasak community’s TMK, regulation of its protection under the IPRs regime and the ideal legal institution to realize the protection. The majority of Sasak’s TMK are transmitted verbally, a fraction of it was written in babon (book of) tetamba/oat and lontar Usada. The IPRs-TRIPs regime only provides indirect regulation toward TMK, as contained in Patent and Plant Variety Protection Law. Ideally, there should be a local Law that particularly regulates protection on Sasak’s TMK in order to prevent misappropriation. Thus, there is a void of Law since there is no Sui Generis Law on the protection of TMK.Keywords: legal protection, traditional medicine knowledge, legal voi
PERANAN HAKIM DALAM PEMBERANTASAN TINDAK PIDANA NARKOBA MELALUI PUTUSAN YANG BERKEADILAN
Get PDFIndonesia is the fourth largest country in the capacity of the population number in the world. As the country with the largest population, various problems often plague the nation of Indonesia. One such problem is the problem of law enforcement and narcotics and drugs cases. Up to now Indonesia is confronted with drug trafficking that is very alarming. Drug crimes are so uncontrolled in social life. It is undeniable that narcotics have been threatening the future of the nation. There have been already many victims even until some of them dies. Drug abuse has reached very dangerous phase. There is no other way, government and officials must immediately take a serious and earnest step. It is a pity that the nation\u27s children must always be the victims of drug distribution by the syndicate. Laws must be enforced as fairly as possible. Because the law is the supreme commander that must not be defeated by anything.Keywords: role of the judge, crime, drug
PERAN PENELITI DAN POLA KOORDINASI PENELITIAN DALAM RANGKA OPTIMALISASI FUNGSI PENELITIAN DALAM PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN
Get PDFLaw is an important component in a community. Development of society of course also be influential for the development of the law, thus the development of society would require a legal development that is in tune with the needs and development of the times. One of the components that play an important role in the development of the law is a legal researcher. The role of legal research in building the national legal system is very important to reveal the scientific data concerning aspects of philosophical, juridical, sociological, economic, and political, which can affect the development of the necessary legal Government of Indonesia as a development policy in the legal field. Researcher as implementers of development, especially in the field of law, in order to improve the effectiveness, efficiency, and optimize the necessary coordination at all levels both internal and external level ministry / agency. Researchers law, not only the need to coordinate with other researchers in the field of law only, but also need to coordinate with researchers in other fields as well as coordinate with other functional associated, in particular functional designer of law, because the creation of a legislation can not be monodicipliner done alone. The study, conducted by researchers aimed to formulate new legal norms that have been suggested by the study, and also formulate alternatives. The materials obtained from these studies can be used as input in the preparation of Academic Legislation of the bill to be drafted.Keyword: researcher, legal research, law makin
POLITIK HUKUM PENGUATAN FUNGSI NEGARA UNTUK KESEJAHTERAAN RAKYAT (Studi Tentang Konsep Dan Praktik Negara Kesejahteraan Menurut UUD 1945)
Get PDFoai:ojs2.192.168.200.68:article/1According to the constitution, the state concept in constitutional practice can be divided into two opposite poles, namely welfare and liberal state. They have different characteristics in which the first concept (welfare state) requires a strong and extensive state functions to regulate an economic justice, on the contrary the second concept (liberal state) relies on the free market economy which state’s role should be marginalized. Sosio-legal research is used in this article. Based on the Article 33 of Indonesian post constitutional amendment of 1945, Indonesia embraced the concept of welfare state. Yet, the practice sociologically tends to embrace a liberal state that is not suitable with the welfare of the people. There are challenges, in the context of liberal state, faced by Indonesia, such as applying the capitalist economic system. We may fight the capitalist economic system by two legal policy, namely: first one, we may re-create the role of state functions as a controller and regulator of the economy. The second one, we may increase the state income through taxes along with the higher social spending to achieve the social welfare and economic justice.Keywords: welfare state, the constitution of 1945, legal polic
PENGAKUAN TERHADAP PIHAK NON-ADVOKAT DALAM PEMBERIAN BANTUAN HUKUM (Politik Hukum Bantuan Hukum Dalam Peraturan Perundang-Undangan Di Indonesia)
Get PDFAccess to justice is everyone rights that have to be fulfilled by the government. The regulation number 16 year 2011 of legal aid is an instrument held by the government to guarantee the right. The regulation allowed the participation of non-advocates to provide the legal aid. Through this policy, government emphasizes that:1) Indonesia is a state law which legal aid is an obliged instrument; 2) the prohibition of non-advocate to participate in legal aid is not relevant due to inadequate amount of advocate and citizen seek for justice (justiciabelen), and the advocate is not widely extended throughout Indonesia; 3) Non-Advocates, especially lecturer and law student are widely spread; 4) there are no procedural law which prohibits non-advocate to provide a legal aid. Those conditions are enough argument for government to strengthen the participation of non-advocates in providing legal aid. Especially for The Supreme Court to revise The Book II of Guidance for Implementing Court’s Job and Administration.Keywords: legal aid, non-advocate, justic
IMPLEMENTASI ASAS-ASAS UMUM PEMERINTAHAN YANG BAIK TERHADAP KEPUTUSAN BERSIFAT BESCHIKKING DALAM TATA USAHA TENTARA NASIONAL INDONESIA
Get PDFImplementation of good governance general establishment and application in the formation of good governance implementation in Indonesian National Army (TNI) Administration in the Central Office and Base Office (Mabes TNI), and also its roles in equipping the weakness, ambiguities and lack of ordinance as a law finding. Results of this study find and reveal the implementation of several principles, having formal in character, they are: prudent preparation principle, motivation and prohibition in procedural abuse, and matrial character are: law certainty, trust and expectation, prohibition on authority abuse and equality principles. The principles are applied due to its formation is in accordance with prevailed, developed and grown custom law in governance implementation practice, and also because it is according to the higher law norms and also the existing relationship between factual conditions with the incurred consequences. Thereinafter, the principles have very important roles in fulfilling the weakness and ambiguities and also the lackness of ordinance as law finding for the formation of good governance implementation in Indonesian National Army Administration. Keyword: good governance general establishment and application, beschikking, Indonesian National Arm
PENGEMBALIAN ASET TINDAK PIDANA KORUPSI PELAKU DAN AHLI WARISNYA MENURUT SISTEM HUKUM INDONESIA
Get PDFNational development and improving standards of living will be increasingly difficult to achieve if the level of corruption is high. Therefore, it is necessary seriousness in its eradication, either through criminal law as well as through the civil law against the perpetrators of corruption and to the heirs. For that we need strict laws governing asset recovery corruption of the perpetrators and their heirs as part of participating jointly responsible for restoring the proceeds of corruption to the state. The main problem in this dissertation research is about the law of return on assets How does the conception of corruption by the offender and his heirs? The method used in this research is normative juridical method using qualitative data analysis with content analysis techniques. Based on the results, it can be concluded: First, the laws of corruption in recovering assets from corruption cases at this time is not perfect because only put money substitute against corruption proceeds of crime from the perpetrator. Meanwhile, the civil law norms materilnya against the heirs of the perpetrators of corruption has not been set. Second, the existence of Article 33 and Article 34 of Law No. 31 of 1999 just a gate that the heirs of the perpetrators of corruption can be sued if the perpetrator as the heir of the heir died while either not return the results to the state of corruption. It is necessary to formulate norms for about an unlawful act which can be used as a legal basis to sue the heirs of the offender. Third, the legal concepts in asset recovery corruption perpetrators and the survivors of the Indonesian legal system should be directed to the improvement of legislation to prosecute not only the perpetrators but also heirs of the perpetrators of corruption.Keyword: corruption, aset recovery, hei
OPTIMALISASI PENGADILAN PERIKANAN DALAM PENEGAKAN HUKUM TINDAK PIDANA PERIKANAN DI PERAIRAN INDONESIA
Get PDFIndonesia’s has control over vast seas potential to support the country\u27s economy. However, the potential was not optimal because of fishery crime and the lacking of law enforcement in the field of fisheries. This matter becomes very important and strategic in order to support the fishery development in a controlled manner and in accordance with the principles of sustainable fishery management. However, in practice, law enforcement in fisheries shows weaknesses. It is evident from the very complex problems of criminal offenses fisheries, interagency coordination mechanism problems and the establishment of a fishery court to enforce the law that is not evenly distributed throughout the territory of the district court. In resolving these problems, reforms in law enforcement is the key factor that is focused on the legal and human resources. With this support of fishery law enforcement, it is hoped that fisheries development can be carried out in a sustainable manner.Keywords: fisheries crimes, law enforcement, fishery cour
PERKARA FIKTIF POSITIF DAN PERMASALAHAN HUKUMNYA
Get PDFLaw of Administration (UUAP) has adopted a conception of Lex Silencio Positivo, a legal mechanism that requires the administering authority to respond or issue a decision/action brought before it within the limit of a certain time and if these preconditions are not met, the administering authority is deemed to have granted the application for the issuance of the decision/action it. As a new legal concept, rules of lex silentio positivo the realm of administrative law that Indonesia is known as “fictitious approval†or “tacit authorization†requires assessment, harmonization with the provisions of the previous law, namely the concept of fictitious negative decision. This paper intends to discuss some key notes concerning the conception of fictitious positive in Indonesia administrative law.Keywords: law of administration, fictitious approval, fictitious rejectio