Mimbar Hukum, Volume 21, Number 2, June 2009 | Perpustakaan Universitas Bhayangakara Jakarta Raya
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Informasi Detil
| Volume |
Vol. 21, No. 2, June 2009
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|---|---|
| Penerbit | Fakultas Hukum Universis Gadjah Mada : Yogyakarta., 2009 |
| ISSN |
0852-100X
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| Subyek |
-
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Artikel Jurnal
| Judul | Abstract | Halaman |
|---|---|---|
| The effectiveness of food and drug monitoring agency (BPOM) in controlling imported processed food products | This research has two purposes. First, to argue the effectiveness of control by the National Agency of Drug and Food Control concerning distribution of imported processed food products in establishing consumer protection. Second, to analyze the obstacles faced by the National Agency of Drug and Food Control in the distribution control of imported processed food products in Indonesia. The research result shows that, first: the control by the National Agency of Drug and Food Control concerning distribution of imported processed food products in establishing consumer protection in Indonesia is ineffective yet. The proof is that there are imported processed food products which are illegal and still distributed in Indonesia without permission, also unsafe to be consumed. Moreover, there are imported processed food products which contain dangerous materials and danger to be consumed even though they have license to be distributed in Indonesia. Second, the obstacles faced by the National Agency of Drug and Food Control in controlling the imported processing food products in Indonesia include two categories, the internal and external aspects. | 153-169 |
| The effectiveness of electoral quota in increasing women representation in parliament | In Indonesia, women’s participation, particularly in parliament, has been intensively discussed in 2002. The extensive discussions continued in 2003 especially after the enactment of General Election Law. The enactment of this law is significant since it contained a provision regarding thirty percent quota for women, a provision which never appeared in the previous legislation. This provision is intended to increase the number of women in the legislature. This is based on the fact that in Indonesia the number of women is higher than that of men. The lack of women in parliament is perhaps one of the causes why issues about women rarely became a priority in government policy making. The significant number of women in parliament could be a way to articulate women’s interests in government policy making. This paper will specifically examine the implementation of ‘thirty percent quotas for women’ to increase the number of women in the Indonesian parliament. It argues that even though there is an effort to increase the number of women in parliament through electoral quotas, such an effort is not sufficient to increase the number of women in parliament. Electoral quotas may gain better result if it combines with the change of political culture and the change of government policy. In doing so, other actors such as political parties and the government should be involved. Political parties and the government should be more gender sensitive (women friendly) in policy making. | 170-179 |
| Local wisdom in water resources management at Omang and Ngloro ponds, Saptosari, Gunungkidul, Yogyakarta | Lake is located in every village in Gunung Kidul regency whether big ones or little ones. This is for example Omang and Ngloro Lake in Saptosari district, which are chose as location for this research. Those Lakers are used for several activities. This research aims to describe local wisdom owned by the community on how they manage the resources. Furthermore, this research describes obstacle in resources management and find Solutions for it. Data collection is obtained from library. Primary data management and find are gained from field study with interview and observation non participatory methods. Both data were combined and then analyzed qualitatively. The result of this research shows that; reality of the local wisdom in Omang pond is different with the local wisdom in Ngloro pond. There are technical, structural and cultural obstacles to manage the water pond resources. Too many rubbish from pond user according to the local population growth caused the pond dirty and water seems green. The local community joint with governmental and nongovernmental institutions to solve the problems. | 180-190 |
| Comparative study on the 1992 traffic and road transportation act and its revision bill | There are several weaknesses of UU LLAJ. The first weakness is related to centralistic approach used in the UU. Second, the content of the UU has not yet been adjusted with several related new regulations. Third, it has not yet integrate land, marine and air transport. Forth, there are overlaps among related institutions on their rights and responsibilities. Fifth, it has not yet accommodated low-cost and efficient public services. RUU LLAJ, on the other hand, is drafted to elucidate the weaknesses of UU LLAJ. Some changes regulated on RUU LLAJ are regarding decentralization approach, new type of license and new authority on issuing license, and the integration of land, marine and air transport. Furthermore, the RUU LLAJ regulates public participation which has not yet regulated in UU LLAJ. Some of the changes are positive. However, the changes regarding the license system could increase public burden and could cause public confusion. | 191-209 |
| Sunset policy and its implications on the increase of income tax revenue at DIY | Sunset policy is a policy which decreases the amount of administrative sanction in the form of interest. This policy is governed by Article 37A Act Number 28 of 2007. The target of sunset policy is the taxpayer who has good faith either to admit having insufficient payment of income tax or to have willed to register a tax file number (NPWP). However, the time of sunset policy is limited; it takes only 1 (one) year to apply the policy from 1 January to 31 December 2008. The research found that first, in tax law side sunset policy has the same legal meaning as kwijtschelding. The same legal meaning refers to the same characteristics found both in sunset policy and in kwijtschelding. Second, the internal target was not achieved until November 2008 as a result there was less contribution to the increasing amount of income tax revenue in DIY. | 210-225 |
| Implementation of witness and victim protection law at the city of Gorontalo | The success or the opposite of a law affair handled is highly influenced by the evidence of presented witness in the related affairs. Considering how important the position of witness report is, so It is not impossible if a law affair failed within the process caused by the absence of supporting witness upon the affair. Being witness is an obligation which is obliged within our either acts or law system, because the witness saw, heard, experienced an event. But unfortunately, the obligation which is strongly recommended within either acts or law system do not always cause our society give the information of what they saw, heard, and witnessed to a crime action. Within various regulations which have ever been existing so far, in fact, eye witness some times in the unlucky position. The protection of eye witness is clearly required to give any guarantee and the law assurance for eye witness who posses’ bravery to open any cases. The aim of the acts protection of eye witness, is not only to protect, but also to increase the effectives in the law enforcement, primarily, the accomplishment of human right breaking law and corruptions. The existence of eye witness protection boards in the future will be influenced by things, such as: first, act regulations, second, the eye witness’ mentality attitude and victims. Third, the professionalism of law officers, fourth, society control, fifth; existence of electronic and press media. | 226-236 |
| Customary sea tenures from the perspective of regional autonomy at Kei Islands and Papua | Structure of customary right for land go out to sea as source of subsistence at society of Moluccas and Papua, existence still be confessed and adhered, goodness by citizen of federation punish, and also the foreigner, and if impinged to be sanctioned coherent. Autonomous execution of area hotly the reform and on the side of socialize, giving living space for execution of rights of customary right for land of deep sea construct reinforcement of rights socialize custom utilize to support area development. | 237-249 |
| The status of international law within the Indonesian legal system | A rule of international law is regarded as non-self-executing in the Indonesian legal system. It means the international legal norm does not have legal binding force in the domestic courts of Indonesia without an implementing legislation. Indonesia is a dualist country vis-à-vis the relation of international law and national law. In regard with the implementation of rules of international law into the Indonesian courts, Indonesia follows the transformation theory where the rules of international law must be transposed into national laws to have them enforced. Therefore, it is the supremacy of national law over international law before the domestic courts. | 250-263 |
| Ignorance of justice within law enforcements | Happening phenomenon in law enforcement at current Indonesia is while justice progressively most moves over. Justice tend is ignored in law enforcement, eventually justice is fundamental and realities of laws. Even frequent being said justice is its heart of law, therefore while in law enforcement justice be ignored, law becomes not wherewith. Justice institute as institute foremost and castled deep enforcement episodic law functions as institute of place law to be kidded, commercialized and even commercial it’s called with jurisdiction mafia. That jurisdiction mafia takes shelter at turns back rule of law. To rule of law, justice and utility is sacrified. Apparatus enforcer law just focussed on legal security aspect without tries to respond society justice charge that wants that deep law enforcement to be done by that progressive ala close to justice point in society. It visually of justice verdict those are assessed soft especially in impacted corruption matter negative to realize it national aim which is society which fairs and affluent. | 264-276 |
| The concept of justice within civil procedural system | Conflict on civil matters is an absolute competency of District Court. Judiciary system includes all items in relating with a judge assignment giving justice to the justiciable through the conviction. A court judges according to law and should not make discrimination. The provision becomes a principle for civil judge to process the conflict matter which is submitted on him/her. The justice concept on the civil judiciary system is a justice which is given by a judge during the judiciary on civil conflict, to produce a conviction. In the conflict of civil matter, it known as audi et alteram partem and to each his own principle. Audi et alteram partem principle. It means that giving to that every person on conflict should be equally treated. To each his own principle, it means that every person take everything as his own. In implementation, it look both of principles is contradiction each other. Because in the law system should not have any conflict, so both of the principle should be exist in the the conflict of civil matters. | 277-289 |
| The enforcement of forestry law to anticipate the impact of climate change in Indonesia | Indonesia forest resources and watersheds are not contributing as they should to poverty reduction, economic and social development, and environmental sustainability. Instead, forest areas are threatened with degradation, fragmentation and destruction. A quarter of the “state forest area” lacks tree cover. In recent years, Indonesia has been losing up to 2 million hectares annually, mainly due to illegal cutting and land conversion fueled by excess processing capacity and a lack of effective management and law enforcement. Forest loss undermines rural livelihoods, ecosystem services and Indonesia’s ability to meet poverty alleviation goals. Poor forest governance damages the investment climate, rural economic potential, and Indonesia’s competitiveness and international reputation. Forest crime exacerbates problems of budget and fiscal balance, and diverts public revenues that could be better spent on poverty reduction and development goals. As Indonesia moves from transition to stabilization and growth, there is a tremendous opportunity to help the government find new ways of managing forest areas in partnership with local communities, contributing to democracy, justice, equity, rural sector investment, jobs and growth. | 290-296 |
| The use of ultra petitum partium in religious court proceedings: An exception | A judge must examine and adjudicate all charges thoroughly on the lawsuit brought to the court. The judge should not only examine and adjudicate part of the charge and disregard the rest. On the other hand, judge in his/her adjudication is prohibited to accede above the suit brought by the parties. This prohibition is called ultra petitum partium. A judge who accedes in excess of the suit partium is considered to be exceeding his/her authority. In Religious Court proceedings, the implementation of ultra petitum partium principle is an exception in several types of cases. In the procedure of divorce (cerai talak), a judge may grant something not demanded by wife either in the petition of divorce or in the reconvention by charging certain obligations upon the husband, which is the wife’s right as the consequence of the separation. In the procedure of divorce, judge may order a preliminary injunction even if such injunction is not demanded. The argument that justifies the judge’s action is the Marriage Act and the procedural law in the Act on Religious Court is a lex specialis stipulation, judge as judge made law must dig into the values of life, and the judge may execute contra legem action if the stipulation in an article considered to be in contradiction with justice and benefit. | 297-306 |
| The roles of law in protecting women from violence in globalized era | Protection towards woman from violence is our responsibility as individual, society, law enforcer and government. Woman or a group of woman can file accusation to CEDAW committee (Convention on the Elimination of all forms of discrimination Against Women), concerning heavy infringement and systematic that in self or a woman group, done by person or country of CEDAW signatory countries. Law gives protection towards woman from act violence enforceable by: woman cognizance enhanced towards right and the duty; society cognizance enhanced about the important effort overcomes violence towards woman; law enforcer apparatus cognizance enhanced; aid enhanced and counseling toward victim; construction programmed enhanced toward victim and executants; increase character mass media; reconstruction of criminal justice system; and international coordination in crime tackling agreement towards women. | 307-315 |