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-, 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

-, 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

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.

Haryanto, Totok Dwinur

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

Abstract : Cooperative forest management is a social forestry strategy to improve community prosperity. Cooperative forest management not only produce timber but also use all the forest resources. Forest management has been change not only for company profits, it’s also for advantages of local community inside and around the forest. Keywords : Forest Resources Management

NU, Santoso Budi

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

Abstrak : Controlling towards legal product based on UU No. 32 year 2004 covers reventive aspect and represive aspect. Preventive aspect refers to Perda before used in regency level, a governor is indirectly called as authority while in province level, the authority is domestic minister. Represive aspect refers to Perda after used and as the authority is Mahkamah Agung. Keywords: Pengawasan, Produk Hukum Daerah dan Era Reformasi

-, 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

Dahlia, Agatha Jumiati &

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

Abstract  : Simple society likes villagers is mostly choose conflict finishing of live    environment by discussion to avoid the dispute which is in order to reach the substantial justice. Conflict finishing by discussion using partner relationship approachment which get involved three strength elements : government, industry world and society is a step to get ideal civil society. Keywords : live environment pollution, culture of law and partner relationship.

Kusumo, Bambang Ali

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

Abstract: Islamic law sees Sirri Marriage as something allowed to conduct; yet, it is highly recommended to record or to list it in an official marriage document. However, positive law sees it into two different point of views. Firstly, some experts consider sirri marriage as something legal to conduct. Secondly, some experts (and also law upholde opporatus) consider it as something prohibited. Following this idea, the goverment present a draf  of marriage act to provide some punishments for people who conduct sirri marriage. Keywords: marriage, sirri marriage.

-, 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

Aryani, Esti

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

Abstract : Trademark is an important part on trading and business. Trademark right need to be protected. There are several mechanism of the dispute settlement, namely civil law mechanism, penal law mechanism, arbitration mechanism and dispute settlement alternative mechanism. Keywords: trademark right protection

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

-, 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

-, Sunarno

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

Abstract: The impeachment of the President of Indonesia that has happened from periode to periode is not the same uniform. In the Old Orde has been no provision for sure when the President can be impeach, especially when the President Soekarno was appointed as President for Life. During the New Order, according to Article 4 has been set Tap No.III/MPR/1978 to impeach the President before his term runs out, namely because: (a) at his own request, (b) remain absent, (c) really is agains the GBHN. During the Reformation, the termination of President expressly provided in Article 6 and Article 7 of the 1945 Constitution. Both in the Old Orde  and the New Orde Impeachment of President is more political than judicial. While at the Reformation Orde had never happened to impeach the Presiden. In Constitutional Law, decisions of state institution in generally is more political than judicial. Keywords: Impeachment, The  President  Republic of Indonesia

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

-, 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.

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

-, Supriyanta

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

AbstractThe philosophy of science divides a study into two point of views, those are; positivistic which creates empiric study, and normative which creates normative study. The law study has both of those characteristics; in one hand, it has the real characteristics as a normative study; in the other hand, it has empiric characteristics which, later on, become the object study of sociological jurisprudence and socio legal jurisprudence. Therefore, if it is observed from this point of view, it can be concluded that the normative law study has a particular method of study, while empiric law study can be researched by qualitative or quantitative research methodology towards the characteristics of the data. Keywords: the philosophy of science, sociological  jurisprudence, socio legal jurisprudence

Widiastuti, Tri Wahyu

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

AbstractIn the criminal justice system, victim (witness) hold important role in order to opened materiil trully. So in the Article 184 section 1 KUHAP, witness explain exist in the first above expert explain, letter, guidence and offender explain as evidence tool. When witness will give explain, they have to independent from fear befor, present and after given witness. This guaranty is important for knowing that witness explain is true and not engineering or emphazing from other subject. Key words: victim protection (witness), fairness criminal justice process.

Nurs-Al Umar, Santoso Budi

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

AbstractsEnforcement of Environmental Law in Indonesia is still very poor although some times the legal framework related to environmental management are experiencing recent changes made ​​Act number 32 of 2009 on the Protection and Environmental Management. Environmental law enforcement problems occurred in addition to human resource issues are also global environmental problem that is both attractive differing interests between developed and developing countries, because environmental issues are not only related to criminal cases but also civil law. Perhaps the administrative problems to environmental problems must be resolved in a comprehensive and integral. Key words  :Enforcement of Environmental Law, the legal aspects related