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WIDIASTUTI, TRI WAHYU

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

Abstract: Corruption as a crime has destroyed the life of a nation as well as paralyzed its funtion to serve, to give welfare and education to its people.  It is practiced widely and systematically, involving every single state apparatus n groups. In this condition, even a good one will be segregated by others. State apparaturs does not work for the sake of people, instead they work for their own wealth. Therefore, corruption is regarded as an extra ordinary crime and its eradication effort must be in extra ordinary one as well. Keywords: corruption, extra ordinary crime.

-, WIDIASTUTI

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

Abstract: A non well-managed cooperation has disadvantaged the creditor. It is caused by the difficulties to draw the fund from the debtors. But when the creditors ask to the court with the bad achievement reasons, the court refuse to conduct because the committee is not the party in the agreement. Therefore, it is necessary to construct fiduciary duty so that the committee who do not work properly can be put personal responsibility for this agreement. Key words: personal responsibility, fiduciary duty

DJATI, SRI RAHAYU PURWANI

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

Abstract:Money laundrying is regarded as new species in Indonesian legal kaleidoscope. Not many know the ins and out of the operating mode in this crime while the effect of this to the government is not a little. The former IMF managing director, Michael Kamdessus estimated the money laundryng activities to absorb 600 billion USD annually which is equal to 2%-5% of GDP through out the globe. Therefore, how can Indonesian legal system anticipate the global scale of this crime. Keywords : Juridical Anticipation,  Money Laundering

WIDIASTUTI, TRI WAHYU

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

Abstract: The criminal conduct on human trafficking in Indonesia is a complex problem. Poverty and obsession of getting rich at once become the reasons why people are vulnerable to be exploited by the human trafficker. The victims of human trafficking are enforced to work in a long time and prone to suffer from physical, mental as well as sexual abuse. They also don’t have support and minimum protection from the outsider. Their health condition tends to suffer from sexual disease, alcohol and drug addiction. Keywords: criminal prevention, human trafficking.

-, SUNARNO

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

AbstractsElection becomes a means of the process of democratization that must be conducted directly, publicly, freely, undisclosely, reliable and fairness. Based on the above norms, especially for the local election, it is hoped that a responsible and potential capable local leader/chief and/or vice local leader/chief will emerge. Yet, there are many disappointed incidents that need to be concerned during and after the election complete, such as the fight between supporters’ candidates, the unfair ballot counting, money politics and other dirty tricks. Those proved that the rules of law are still neglected during the local election. Considering that negligence, it is necessary (a) to recover the article 581 UU Number 32/2004 (b) to compromise between the law assurance, justice and benefits, and (c) to educate people about the culture of law, especially for the culture of personal law to be the open culture of law. Keywords:local leader/chief, reliable.

-, SUPRIYANTA

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

AbstratsIn order to achieve the integrated criminal justice, there are several rules about the functional integration between the sub-system of investigation and the sub-system of prosecution which has already been stated on RUU KUHAP. If the investigator come to the condition when the case that he carried out did not have adequate evidence or the investigated case was proved that it was not a criminal act or the investigation was stopped by the law, the investigator by the prosecutor approval should terminate the investigation and reported that termination to the prosecutor, suspect,  complainant, victim or his/her relatives within two days. Keywords: RUU KUHAP, integrated criminal justice.

-, Dahlia

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

AbstractLaw No. 8 of 1999 on Consumer Protection must be upheld in  business and trade relations in general for the creation of a justice. Criminal provisions should be placed as Primum remedium About Consumer Protection Act so that it really works with its criminal sanctions as special and general prevention of corporate crime. Key words : Consumer protection

-, Puspaningrum

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

Abstract : The Constitutional Court was established by Act No. 24 of 2003 (State Gazette number 98 of 2003). Constitutional Court as the new state institutions have a crucial role in the constitutional system of the Republic of Indonesia. The authority of the Constitutional Court provided for in Article 24 C of the 1945 Constitution. The constitution of the Constitutional Court has the four powers which shall be final, that is to test laws against the Constitution Act 1945, to decide disputes between state institutions whose authorities are granted the 1945 Constitution and an obligation that is the opinion of the Parliament to decide on alleged violations committed by the President and / or Vice President. Key Words : Constitutional Court, Authority, Elections

Suryanto, Eddy

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

Abstract The frame of reference of this research is that by the regulation of criminal rule on the Constitution of No. 9, 1992 jo No 37,2009, on the immigration(abstract-condemnation), intended the rule to have a power of reinforcement to be obeyed. And towards those of domestic as well as foreigners breaking the law will be enforced to have criminal sanction when they were proved of legelly giuilty and convincincing without any reasons of truth and excuse and also able to be responsible for the judge( as a punisher of inconcrete criminal). It’s needed a judge’s consideration  based on the law, social, economic and other factors enfluecing law enforcement , to enforce the criminal law. ----The considerationsthe taken for the decision making  are acquired from the facts attended at the trial session and the facts clarified at the authentication step. Then, the facts are evaluated and corrected with  letter of accusation, demand, plea, counterplea, rejoinders found as a fact, so that the judge convinced that the accused did the criminal law of immigration. Key word: foreigners breaking the law

Widiastuti, Tri Wahyu

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

Abstract : Criminal is suffering intentionally charged to people who perform acts that meet certain requirements. Crime is also a reaction to these offenses and the intangible of a deliberately inflicted suffering to the makers of offense. Giving criminal should be based on the principle of individualization of criminal, where the provision or the imposition of criminal sanctions should consider the error and state criminals. it is important that criminal sanctions are considered fair to the perpetrator, victim and community. Key words : individualization of criminal

Hermoyo, Bambang

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

Abstract : The writer in this paper tried to investigated and describe the philosophical thoughts of the role of Law Philosophy in to to realize justice. The formulated hypothesis are : (1) The enforcement of the law materialized the justice and the certainty and insurance in justice, (2) The description of the sense of justice should be in the existing positive law, (3) The philosophy of law represented the search for the deepest meaning of the ultimate result in the law wisdom. Kata Kunci : Filsafat Hukum, rasa keadilan, hukum positif, kebijaksanaan.

-, Triwanto

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

Abstrct  :  The purpose of law enforcement is often faced with the exam in its implementation, especially related regulations in it are still in debate   and proving to be deepening as well as actors who have a high resistance Key  words : Examination of law enforcement, Crime morality

Kusumo, Bambang Ali

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

Abstract : The problems of criminal law enforcement lies in the function of  supervision in the management of the criminal justice system and civil law Cultur. The effort needs to be done with the oversight function of the Supreme Court beguile wider, not only include the supervision of the court process but also the supervision of the overall process of criminal law enforcement. In addition, in order to realize justice in society in the culture of civil law need to use a broad interpretation and is always carried out reform of criminal law (legalreform). Key words: oversight function, Cultur civil law

-, Supriyanto

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

Abstract : Law No. 3 Year 1997 on Juvenile Court governing the protection of children by giving preferential treatment on juvenile delinquents, but the imposition of penalty is not the only effort to educate juvenile delinquents. Forward required the criminal justice system for children is not oriented to punishment but rather aim to educate and nurture children for the welfare of juvenile delinquents. Keywords : criminal justice system, child protection Â

-, Sunarno

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

Abstract : Law must go on democrazy. Law without democrazy will be repress law. In    the opposite democrazy without law  will be anarchist. This short paper want to give explaining academy about democrazy and institutionalization in law and to contect  Indonesia country, because  in  accordance  to UUD 1945 our country is a state law where the authority in the hand of people. The analizing of my short paper use to decision of Conference The International Commision of Yurist in Bangkok 1965. Key Word: The Reprensentative Government Under The Rule of Law

Purwanidjati, Sri Rahayu

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

Abstracts : Outsourcing is a transfer or certain job from a company to a third party on  which held by purpose to divide the risk and lessen the company's burden. Such job transfer is held on the base of operational cooperative agreement between the outsourcing principal and the outsource executive companies. In the practice, the principal company determine the job qualification and condition, and on such base, the outsourcing company recruit prospective employees. In the Acts No. 13 Year of 2003, the regulation on outsourcing is explicitly mentioned that the served sectors are not related with the core bisnis such security guards, cleaning service and so on. Keywords : Outsourcing system, Contract Employee Rights Protection

-, Puspaningrum

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

AbstractBankruptcy is a situation where the debtor is unable to make payments against the debts of the creditors. State can not afford the usual due to financial difficulties (financial distress) of the debitor who has suffered a setback. The main purpose of bankruptcy proceedings against the Limited Liability Company is to acceleratethe process of liquidation in the context of the distribution of company assets to pay debts that the company has experienced financial difficulties that caused the insolvency.Company Limited as a corporation having characteristics such as private law, including the separation of assets between the management company with Limited Liability, if a limited company into bankruptcy so that the company broke up how the management responsibilities of a Limited Liability Company? whether the management company can still be held liable or not Keywords: Company Limited, Bankruptcy.

Aryani, Esti

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

Abstract: Narcotic crime is no longer done on an individual basis, but involves a lot of people are well organized with extensive networks and increasingly sophisticated modus operandi. Narcotic Act No. 35, 2009 was enacted to address the condition. Criminal investigation of narcotics and narcotics precursors made ​​by the police, and BNN investigators. Investigators can cooperate with each other in investigating drug crimes. Keywords: investigations, narcotics, narcotic precursors

-, Supriyanto

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

AbstractDespite the attention of human rights has existed since long, but the struggle to get legal protection in state constitution looks after the birth of Magna Charta in England in 1215 which is followed by Declaration of Independence in the United States of America in 1776 and Declaration des droits de “I” home et du citoyen in France in 1780. In Indonesia this right has received legal protection in 1945 Constitution, RIS Constitution, or Temporary Constitution, and become much stronger after the birth of MPR Decree Number XVII year 1998 which is followed by Act Number 39 year 1999 on Human Rights, Act Number 26 year 2000 on Human Rights Court which is followed by Amendment of 1945 Constitution which govern specifically Human Rights Chapter in chapter X A which consist of 10 articles. Even though human rights in Indonesia have evolved considerably, but when we look further there is still many weaknesses which contradict one and another. For example: Article 281 Amendment of 1945 Constitution and Article 4 Act of Human Rights which adheres the principle of non retroactive absolutely with Article 43:1 Act of Human Rights Court and Explanation of Article 4 Human Rights Act which adheres the principle of retroactive for gross violation of human rights. Contradiction is also occurs in Article 4 Human Rights Act body and its explanation. Keywords: human rights.