Perspektif

Number 1 Vol. 20, 2015

1-9
PEROLEHAN TANAH OLEH PEMERINTAH DAERAH YANG BERASAL DARI TANAH HAK MILIK

Authors: Urip Santoso

Abstract

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Number of views: 887

Local Government requires land to carry out their duties and functions, the land that is required by the Local Government must be a Property Rights owned by others. To obtain a land Property, Local Government is not allowed to perform buying and selling, that is caused by local governments are not eligible in doing sale and purchase of land rights that are not subject to the Local Government Property, but the subject must be Right to Use and Management Right. A way that can be taken by the local government to acquire other people land right is through the release of land rights title by the owner of the land, with the amount of compensation that is based on an agreement between landowners and local governments. If local government need the in order to procure land for public use, then the regulation shall use Regulation No. 2 year 2012 as the base lawof land acquisition.

10-19
MEWUJUDKAN KEMANDIRIAN HAKIM UNTUK MENEGAKKAN HUKUM DAN KEADILAN DALAM LINGKUNGAN PERADILAN MILITER

Authors: Joko Sasmito

Abstract

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Number of views: 522

The military judge may face a situation that can intervene their freedom andindependence, whether it is intern or extern, institutionally, the existence of the legal relationship between the judge with the supervisor happened directly, indirectly, dimensionality, and structural relationships within the organization.Besides, insubstance there are still some rules of law which some people consider that is limiting, even more it can intervene the independence ofmilitary judge,in an effort to realize the independence of the judge, the judge must still adhere to the law, the legal facts in courts, as well as the considerations that are formulated systematically. The judge’s final decision as a legal product that is based on the Criminal Procedure, will provide a certainty, fairness and benefits to all parties.

20-29
PUSARAN PEMILIHAN KEPALA DAERAH SECARA LANGSUNG ATAU TIDAK LANGSUNG

Authors: Endang Retnowati

Abstract

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Number of views: 707

Democracy is essentially means to achieve the goal state. There are several criteria for democracy among others, the representatives of political, electoral and political accountability. Along with the development of the condition and situation of the country and nation, then democracy is also experiencing growth. There are two forms of democracy that is directly and indirectly. Based on the principles of democracy and the Republic Indonesia Constitution Year 1945, Article 24 paragraph (5), Article 56 paragraph (1), Article 40, Article 41, and Article 43 paragraph (1) of the Constitution. The decision to choose one form of local elections should be based on consideration of the element or elements of the substance, structure and culture of democracy and society, culture or democracy, the historical conditions of philosophical society, democratic education, the concept of democracy, the establishment of democracy, the form of democracy, of democracy , and evaluation of the implementation of democracy, as well as the need of attention to elements such as: goals, inputs, processes, outputs, limit, control and feedback mechanisms as well as the environment.

30-40
PERAN SYAHBANDAR DALAM PENEGAKAN HUKUM PENCEMARAN MINYAK DI LAUT OLEH KAPAL TANKER

Authors: Elly Kristiani Purwendah, Agoes Djatmiko

Abstract

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Number of views: 782

This research was designed by empirical juridical approach study used primary data from an in-depth interview of respondens. Syahbandar at the port was an government official who are appointed by the Minister with a supreme authority to supervise the enforcement of legislation ensuring the safety and security of shipping. One of his authority was the prevention and control of oil pollution at sea by tanker. In the implementation of reduction and prevention pollution, the Syahbandar had a main role as a mandatory in the coastal sovereign state obligation including the maritime law enforcement of administrative, civil, and criminal areas. The task of Syahbandar in conducting pollution prevention served as the coordinator/commander of Puskodalok (Command Control Center at location) teams consisting of the Police, the Navy, the Pertamina (State Oil and Gas Company) and the local government. The teams formed to control and prevention of pollution called Tier 1 had a restrict authority with the categorization of oil spill emergency response occurs inside or outside the Region of Interest Ports Environment (DLKP) and Working Environment Regional Ports (DLKR) or the oil and gas activity or other units that could be handled by the infrastructure, facilities and human resources that available at the port or the oil and gas activity unit or other activity units.

41-48
PERLINDUNGAN HUKUM TERHADAP KONSUMEN PARKIR

Authors: Basri

Abstract

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Number of views: 1118

People’s lives and behavior are always dynamic in accordance with the necessities of life as a supportive media in performing daily activities. Because of public services related to public transport is unclear and unsure, major people take better advantage of private vehicles, where the fact is the state is in line with the intensity of vehicle sales. Motorbike vehicle parking space is needed, hence the parking should receive serious attention. One thing that is important in the management of the parking is on the issue of protection of parking service consumer that parked in the parking lot. Parking service users certainly do not want a parked vehicle got damaged or lost. But of course the possibility that often occur in connection with the matter, the question arises, who is responsible for the lost or damage to motor vehicles parked in the parking lot.

49-58
PERLINDUNGAN HUKUM PEMEGANG SAHAM MINORITAS AKIBAT PERBUATAN MELAWAN HUKUM DIREKSI MENURUT UNDANG-UNDANG PERSEROAN TERBATAS

Authors: Dwi Tatak Subagiyo

Abstract

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Number of views: 951

This research was intended to review and analyze the legal protection of minority shareholders, the legal consequences for Director which committed an unlawful act and legal efforts to minority shareholders under the Limited Liability Corporation Act Based on this research, this paper concludes that the legal protection for minority shareholders of the Company can be achieved by applying the principles of Good Corporate Governance (Management of Good Company). As a result of tort law must be held accountable indemnify Director (Article 1365 of the Civil Law Code) and therefore fulfilled criminal element, then the Board of Directors may be subject to imprisonment or criminal fines are wiping money and fraud (Article 372 and Article 378 of the Criminal Law Code) may be responsible to the Director even his private property (Article 97 paragraph (3) of the Limited Liability Corporation Act).

59-67
PENEGAKAN HUKUM TERHADAP TINDAK KEKERASAN YANG DILAKUKAN OLEH SUAMI TERHADAP ISTRI

Authors: Made Warka, Dariati

Abstract

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Number of views: 888

Households violence victims in Indonesia are commonly women (wives). Household violence is closely related to gender, discrimination against women, and identified with personal problems in a family. Violence by husbands against wives are not only physical, but also psychological, economic and sexual violence. In anticipation of the need to know and in-depth study of the legal regulation of violence by husbands against wives, as well as the factors of violence that committed by a husband against his wife, and the overcome efforts. This research is normative research, relevant legal materials used to study and systematically analyze the regulation (Act No. 23 Year 2004 of the Elimination of Households Violence). it is expected that law enforcement of violence by husbands against wives might be optimally done. Either by reduction in the penal and non-penal. So that obstacles in the completion of violence by husbands against wives can be solved.