PERSPEKTIF POLITIK HUKUM TERHADAP TANTANGAN KEBERADAAN HUKUM MENUJU GLOBALISASI | Author : Miftachus Sjuhad | Abstract | Full Text | Abstract :In the field of law, globalization is characterized by the borderless states; no state can claim
that it follows a system of law absolutely. There have been mixes and penetration between on
system of law to another. In this globalization era, any discussions on the challanges of the
existence of law have not been separated from the internal influence of the nation and the
surrounding political system and also the cultures. This analyse will explore how the internal
and external challenges of the law face the globalization currents that demand on perfect
preparation in all aspects.
The political will of the government of Indonesia is really different between before and after
the reformation. Multidimensional cries that have not been finished yet may potentially destroy
the nation and state of Indonesia up to the zero point. Meanwhile, on the one hand, from the
law point of view, in this country, the political products are full of various interests. On the
other hand, the national law of Indonesia is facing globalization. Therefore, it is vital to create
a harmonious link between the national law and the international law, with attention given to
the internal context of Indonesian people. |
| PENYELESAIAN SENGKETA TANAH SESUDAH BERLAKUNYA UNDANG-UNDANG POKOK AGRARIA | Author : Istijab | Abstract | Full Text | Abstract :Since September 24th, 1960, land disputes have floated in respect to the government’s policies
which are inconsistent, overlapping and ambivalent. The UUPA No. 5/1960 has been
emasculated by the released of sector regulations such as mining regulation, forestry
regulation, local government regulation (Autonomy) that each of them has put the land on the
same object, whilst each department has different viewed in understanding the object. The
different understanding of land as the object has opened to conflict of interest that substantially
causes UUPA No. 5/1960 to compartmentalization. Finally, how to identify the land dispute
cases, the causal factor of land dispute and solution of the cases based on the source, principle
and prevailed regulation must be discussed. |
| PROFESI ADVOKAT: ANTARA HARAPAN DAN KENYATAAN | Author : Solehoddin | Abstract | Full Text | Abstract :Lawyer is a honourable profession (officum nobile). And in doing so, he should work under the
protection of law, regulation, and ethical codes, and he has freedom on the basis of this respect
and personality. As a lawyer namely self-help, sincerity, and openness. He works as a law
enforcers having equivalent position with judges, policemen, or attorneys. In fact, in its
development, this profession encounters many challenges. For example, the people
underestimate this profession since those working on this field show improper behaviors which
are irrelevant with the ethical codes. It is not wrong if there is a stigma in this profession that
a lawyer is a “junk profession”. |
| ANALISIS YURIDIS KRIMINOLOGIS TENTANG KEKERASAN DALAM RUMAH TANGGA YANG DILAKUKAN OLEH ISTRI TERHADAP SUAMI | Author : Zulkarnain | Abstract | Full Text | Abstract :Household violence is a serious phenomenon that should be catered for due to its seriousness;
it is not only done by the husband, who its mostly the doer of the action, but also by the wife.
As a result, it is urgent to put the laws forbidingthe practice of such a householdviolence into
effect. The laws control the protection of the victims in a household. Paradoxically, the
enforcement, however, may trigger new modes of household violence, namely the violence done
by the wife. The modes of violence are various in type.
In criminology studies, it is shown that the violence by the wife is caused by many causes.
Further analyses (using a causalteit theory in criminal law) suggest that the violence by the
wife is marely a negative reaction against the violence by the husband. On the basis of such of
phenomenon, the law enforcement underscores socio-criminological aspects in order to realize
a criminal individualization-based justice. Making a wife into a criminal case as a form of a
repressive action of the violence just hide the real forms of household violence mostly done by
the husband. |
| PERSEPSI MASYARAKAT TERHADAP PEMIDANAAN PEKERJA SEKS KOMERSIAL JALANAN DAN PENGARUHNYATERHADAP KEBIJAKAN PEMKOT (Studi di Kota Malang, Jawa Timur) | Author : Ibnu Subarkah | Abstract | Full Text | Abstract :This present study was intended to understand the peoples perception on the comdemnation of
street prostitutes and to know and explain the influence of the comdemnation of the prostitutes
on the municipal government in formulating policies on this case using value or policy
approaches. This study was based on the idea the criminal sanctions that have so far been given
to the prostitutes. The peoples perception on the comdemnation of the prostitutes that the
concemnation is ineffective in terms of the aspect of criminal sanction. The perception is from
social affairs department and also municipal police unit. However, according to the 2005 local
regulation no. 8 as a new regulation in malang municipality, the subject of the actors is
widened. Therefore, the application of the local regulation is in line with the factors inherent
in the doers (prostitutes), for example, economic or unhappy marriage factors. Based on the
condition, it is necessary to maximize the guidance. Dealing with the influence on the malang
municipality government, preventive action as a tool to avoid penal actions is thought to be
ineffective in line with the application of the regulation. Therefore, the malang municipality
government should develop a certain policy i.e, providing a rehabilitation centre as a nonpenal prevention as suggested by the social affairs department and the municipal police unit. |
| EKSISTENSI DIRI WARIA DALAM KEHIDUPAN SOSIAL DI TENGAH MASYARAKAT KOTA (Fenomenologi Tentang Eksistensi Diri Waria Urbanisasi di Kota Malang) | Author : Muhammad Ramadhana Alfaris | Abstract | Full Text | Abstract :This research is a purpose to reveal how the self-existence of transvestites urbanization in
Malang City. The methods used in this study using the method of transcendental
phenomenology because this research is included in the phenomena of social life.
Self-existence of transvestites have a broad enough concept in a process which is the soul and
the body is formed by imagination, emotion, and cognition. It can be said that a transvestite is
the third human figure of absolute gender and the sexuality formed through pressure and
socialization, then internalized into action normally, because of the sexuality orientation walks
normally in accordance with the gender has been selected. |
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