Perspektif

Number 2 Vol. 20, 2015

68-78
CONSTITUTIONAL AND LEGAL RECOGNITION OVER TRADITIONAL ADAT COMMUNITY WITHIN THE MULTICULTURAL COUNTRY OF INDONESIA: IS IT A GENUINE OR PSEUDO RECOGNITION

Authors: I Nyoman Nurjaya

Abstract

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Number of views: 421

Indonesia is well known as a multicultural country in Southeast Asia in term of its ethnic, religion, racial and social stratification. It is Unity in Diversity, which is reflected in the official motto of the State to describe the social and cultural diversity of Indonesia. The diversity refers to a cultural configuration which reflects the National identity of Indonesia, containing cultural capital and cultural power. However, cultural diversity yields conflict that could potentially generate social disintegration due to inter-ethnic and inter-religious disputes that may result in the disintegration of Indonesia as a Nation State. In the eyes of legal anthropologists, sources of conflicts are based on discriminatory policies expressed within State’s law and legislations in line to the recognition and protection the existence of local communities, namely traditional adat communities spread out in the region. Thus, State laws enacted and enforced by the Government tend to dominate and marginalize as well as ignore the rights of the local communities particularly over access and control natural resources they depend on based on customary adat law in the region. The paper attempts to offer an answer to the fundamental question whether the 1945 Constitution recognises and protects the traditional communities and their customary adat law by employing a legal anthropological approach with the purpose of obtaining a better understanding regarding the development of State law in a multicultural Nation toward a more just and equitable State law of Indonesia.

79-89
ARTI PENTING NILAI-NILAI DAN NORMA HUKUM DALAM BERPOLITIK PRAKTIS

Authors: Ronny Winarno

Abstract

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Number of views: 3668

Govermental appliance include a process of acquiring legislative and judicial power that is done through the mechanism of elections in which there is a principle in politics. The principles of politics is needed by the political parties in carrying out the process of practical politics. Politician must understand the values and legal norms corresponding legislation, in order to accommodate the interests of people, so that may create a good political practice and does not conflict with legal norms.

90-100
MASYARAKAT DAN HUKUM INTERNASIONAL (TINJAUAN YURIDIS TERHADAP PERUBAHAN-PERUBAHAN SOSIAL DALAM MASYARAKAT INTERNASIONAL)

Authors: Levina Yustitianingtyas

Abstract

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Number of views: 4178

International law created by the existence of an international society, because society is the basis for the establishment of international law. The international community made a sociological foundation in the formation of international law. The international community is made up of a number of countries in the world are equal and independent who have interests to engage regularly and continuously. International relations arise due to factors between countries need each other in a variety of interests, such as political interests, economic, cultural, scientific, social and many more interests in the international community that can be used as the basis or cause inter-state relations. To regulate international relations is necessary in order to ensure legal certainty in the international community. Law as the basis for creating security in conducting inter-state relations so that there are no parties who feel aggrieved.

101-117
PEMBATALAN SERTIPIKAT HAK ATAS TANAH KARENA CACAT ADMINISTRATIF SERTA IMPLIKASINYA APABILA HAK ATAS TANAH SEDANG DIJAMINKAN

Authors: Fani Martiawan Kumara Putra

Abstract

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Number of views: 1347

The ownership of land rights, may be prooved by the registration status and the outcome of the certificate which become the authority of Badan Pertanahan Nasional. The registered land rights might consist of administrative flaw, so that it might be proposed for the cancellation. The procedure of the cancellation lawsuit must be discussed further, is the lawsuit through Badan Pertanahan Nasional, or must be through court process. The land rights certificate that is cancelled is probably becoming the security object, in this case, Hak Tanggungan object. This condition will definetely brought further implication to the Hak Tanggungan process that based on security law.

118-127
ANALISA HUKUM PUTUSAN NOMOR: 28/MEREK/2011/PENGADILAN NIAGA JAKARTA SENGKETA MEREK ANTARA MEREK CALCIMAX DENGAN MEREK CALCIMEX

Authors: Ali Sutiyo Syaifulloh

Abstract

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Number of views: 1376

This research was intended to review and analyze the verdicts also discusses how judges assess the fame of a trademark based on some of the lawsuit claimed by foreign entrepreneur to local entrepreneurs as a case study takes verdict No. 28/MEREK/2011/PN.NIAGA.JKT.PST. between Calcimax and Calcimex. In this dispute, the local entrepreneur, Calcimax trademark owner won because it proved no intention to pass off, imitate or trace Calcimex’s notoriety for his business purposes. It also proved that Calcimax trademark registration didn’t cause unfair competition, deceptive, or misleading the consumer. In other words, local entrepreneur who is Calcimax brand owner registered his brand properly and honestly.

128-135
PEMBERIAN REMISI TERHADAP NARAPIDANA DI LEMBAGA PEMASYARAKATAN

Authors: Umi Enggarsasi, Atet Sumanto

Abstract

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Number of views: 461

Remission is the right of inmates to get a reduction in crime when undergoing training during good behavior. Remission is the right of prisoners could be increased if the relevant deeds among others: Doing services to the state, and doing deeds that are beneficial to the country or humanity, as well as Perform the action that helps the activities Penitentiary. Remission arrangements in some of the rules are: Presidential Decree No. 174 year1999 concerning Remission; Minister of Law and Legislation Decree No. M.09.HN.02.01 year 1999 on the Implementation of Presidential Decree No. 174 of 1999; Minister of Law and Legislation Decree Number M.10.HN.02.01 year 1999 on Delegation of Authority granting Special Remission; Presidential Decree No. 120 year 1995 concerning the Special Forgiveness; Minister of Justice Decree No. 1988 on Additional 04.HN.02.01 Remission for prisoners Become Organ Donors and Blood; Circular Number E.PS.01-03-15 May 26 year 2000 on the Amendment of Criminal Life Imprisonment While Being Criminal Prison; and Government Regulation No. 99 Year 2012 regarding the Second Amendment to Government Regulation No. 32 Year1999 on Conditions and Procedures for the Implementation of the Right prisoners. Implementation of the remission of prisoners begins on the petition the Head of Penitentiary to the Head Office of the Ministry of Justice and Human Rights of prisoners are eligible for remission based on the guidance to the inmates. Decision remissions granted by the Head of Department of Law and Human Rights based on the reports of correctional and Head of the Institute of Law No. 12 Year 1995 on Penal and PP 99 Year 2012.