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ANALISIS DOKTRINAL TARAF SINKRONISASI VERTIKAL PENERAPAN NILAI KEADILAN SOSIAL DI BIDANG PENGELOLAAN SUMBER DAYA AIR
Full text linkThe researches about Water Resources Management were often have been done by previous researchers, but haven’t reach the basic idea of water resources management related the social justice. The doctrinal analysis was chosen to examine synchronization in vertical perspective. There are two problems in this research, those are (1) How vertical synchronization grade in Water Resources Management? (2) Why vertical synchronization grade in Water Resources Management was very difficult to be realized? These problems will be solved by doctrinalresearch approach. The results show that there is inconsistency in implementing of social justice value in regulation of water resources management. There is no vertical synchronization in regulation between UUD 1945, UUSDA, PP 16 Tahun 2005, Permendagri No. 23 Tahun 2006 serta Perpres No. 77 Tahun 2007. Based on analysis of document about RUU SDA meeting and Decision of Constitutional Court (MK) about Judicial Review of UUSDA, there was evident that DPR and Constitutional Court were trapped into legal-positivism thinking. They did not conduct ‘moral reading’ of Indonesian constitution. Through Perpres No. 77 Tahun 2007 that permits the foreign investors are able to occupy the share of water corporation until 95% more shows that disharmony in vertical perspective has occurred in regulation of water resources management
SANKSI HUKUM PIDANA ISLAM DALAM PERSPEKTIF HAK ASASI MANUSIA
No full textThe preliminary finding of this research is the contradiction between Islamic law and human rights caused by philosophy and tendancy of law. Islamic law is based on revelation, meanwhile the human rights on human experience. Islamic law emphasizes to the collective protection aspect, but the human rights concern to oneself interest. Islamic Criminal Law is not only to protrude its sanction aspect, but also to see the positive’s that’s social benefit. Law sanction is thought about as the efforts to fulfill three things: dettrence, retribution, and education. Islamic Criminal Law, “It had better to sacrifice one or two persons, in order the anothers feel afraid to do the action. So, in fact, the principal of Islamic criminal law is not to revenge, but it’s for the benefit in arranging the human rights based on The God’s regulation and Constitution’s meant for humans benefit (collective protection). The above research found to respond the main problem of law punishmen of Islamic criminal according to the perspective of human rights. This research makes up normative and sociology’s. The normative law research method is used to research the fundamental ideas of Islamic criminal sanction and the research method of sociology law used to reveal the soul aspect in implementing the law
MEMBANGUN INTEGRITAS PENEGAK HUKUM BAGI TERCIPTANYA PENEGAKAN HUKUM PIDANA YANG BERWIBAWA
Full text linkThe way a legal system works determines how well law enforcement will be. A legal system consists of structure, substance and culture, of each must work in a system. In order that a legal system works properly, the law enforcers must be able to increase their knowledge on law and divinity so that they are able to comprehend law more broadly. In other words, law is not taken merely as a text in a constitution. As a system, the most important aspect is the culture of the law because it functions as the driving force that leads people to abide the law. In addition, in order to establish the integrity of legal enforcers, the implementation of integrated judicial system is also needed. Therefore, the role of supreme court as the highest supervisor of judges is also necessary
PENERAPAN UNSUR-UNSUR PERBUATAN MELAWAN HUKUM TERHADAP KREDITUR YANG TIDAK MENDAFTARKAN JAMINAN FIDUCIA
Full text linkFiduciary transfer of ownership is done through constitutum possessorium which means that the transfer is followed by an object control. The object of fiduciary assurance consists of chattels or moving objects and immovable objects which cannot be loaded with mortages, the transfer of chattels with real submission. As an effort to give a legal policy to the fiduciary assignor (creditor) and to fulfill the publicity principles, Government through the UUJF requires the creditor to register the fiduciary assurance in the Fiduciary Registration Office. That regulation is stated in the article 11 of UUJF. This study is a normative legal research with the research question as follow, “Can the elements of torts be implemented to the creditor or fiduciary assignee so that the creditoris considered doing the unlawful act?” The primary data are used in the study. The analysis results show that the elements of tort cannot be implemented to the creditor who does not register the fiduciary assurance in the Fiduciary Registration Office. Therefore, he is not considered doing the unlawful act
Penetapan Kawasan Gunung Merapi Sebagai Taman Nasional Dan Hak-Hak Masyarakat Lokal
Full text linkThe existence of Merapi area cannot be separated from indigenous community, in which in general it represents DIY community and in particular it represents those who live near Merapi. The relationship between community and Merapi area forms ecological unity. However, a decree issued by Forestry Ministry No. 234 year 2004 is potential to disturb its harmonious relationship.The indigenous people have rights in managing National Park of Merapi Area (TNGM) covering those of economy, social, participation, which are legal by law. Unfortunately, those rights are not well introduced to the local people so that they are not aware of them. Having status as National Park of Merapi Area (TNGM) results in decreasing the rights of the indigenous people. Some approaches are carried out to empower the indigenous people in managing National Park of Merapi Area (TNGM) which include: supporting legal product, participative legal enforcement, holistic information, workshops, group discussions, and interest grouping in order that the people are able to enjoy their life