These days the solving of dispute by jurisdiction gets the critics from the practitioner and the jurist. The role and function of jurisdiction were assumed overloaded, wasting time, expressive, less responsive to the public interest, and also too formal and technical. There were various concepts that already offered to make the jurisdiction more simple, quick and light expenses. One of the concept which have been offered and now applying is the mediation institute in the civil the court system through PERMA No. 2 year 2003. The background of this regulation is because of the application of article 130 HIR is not effective. It changes the voluntary to the compulsory system by using the mediation institute. Now the party must used the mediation before entering the litigation.
Keywords: Jurisdiction, dispute and mediation.
Village secretary assumed as a strategic occupation in the village government because the function as a proxy lead village. At the moment, Law No. 32 Year 2004 concerning Local Government have made arrangement this occupation status, which initially village secretary is not a public servant and now because some reasons will fill by Public Servant. How the policy of admission filling of this occupation? In the case, the government should make regulation which can guarantee the orderliness and protect the society.
Keyword: Village, village secretary and government policy
The effect of monetary crisis in year 1997 has caused many share companies in Indonesia close down because of unprofitable. At that moment, the price of shareholder drastic downwards, even exists to the zero level and effected to the bankruptcy. For the agenda of overcoming situation of share company, many ways have been conducted by the board of directories company to overcome the loss by using the law corridor, but somehow there are many party conduct action by impinged the laws. The problems which stated here is”how far a Board of directors can be responsible to the loss suffered of the company”. From the theoretical study, it expected can be obtained the image of concerning indicator of a director that conduct the abuse of power.
Keywords: share company, board of directories, and abuse of power
Article 5 sentence ( 2) Law No. 4 Year 2004 concerning Judicial Power stated that the court help all searchers of justice and overcoming all barricade and resistance to reached the simple, quick, and light expense jurisdiction, so the system of judicature can be effective and efficient. There are some factors that influence the function of law in the society or make effectiveness of the law enforcement which are: substance of law, law enforcement, facility, and also society factor that the law environment applied.
Keyword: Simple, quick, and Light Expense Jurisdiction
Along with fast progressively growth of inter-states service and goods commerce, it needed the existence of international arrangement that giving protection guarantee and rule of law in brand area. For the agenda of giving protection to the owner of brand, governmental have renewed Law Number 21 Year 1961 and replace with Law Number 19 Year 1992. Along with ratifying of WTO which loading rule of Trade Related Aspects of Intellectual Property (TRIPS), Indonesia conducted Law Number 19 Year 1992 through Law Number 14 Year 1997 and renewed again with Law Number 15 Year 2001. Because of Indonesia taking part in WTO and agreement of TRIPS, hence Indonesia have to correspond to the rule, as consistency step to ratification which have been conducted by Indonesia, hence change the law and forming new law as a step that must be taken. An application of registration of brand will be accepted if the requirement has been fulfilled as stated in the law of brand. Main requirement which at the same time become especial characteristic of brand is the existence of distinguishing energy.
Keyword: Protection, Rights of Brand.
Existence of Judicial Commission in system of Republic of Indonesia is a long process in searching format of civic specially related to execution of judicial power. The chaos of execution of judicial power which influence of government and other power's have pushed the importance of a institute that able to " guarantee" the judicial power in order to according with the justice . the judicial Commission althought arranged in Chapter of IX UUD 1945 concerning Judicial Power, but judicial Commission is not executor of judicial power, Therefore Judicial Commission is not as institute enforcer of law of code, but as institute enforcer of ethic norm (ethics of code). Judicial Commission is expected can support the creation execution of judicial power which independence and free from other power.
Keywords : Komisi Yudisial, Struktur Ketatanegaraan, Peraturan Perundang-undangan
Court of religion have absolute jurisdiction to check and judge polygamy application and then check the material condition and if its fulfilled, husband as applicant obliged to prove the reason. If he success to prove, so there are polygamous permission, but if he fail to prove the reason of polygamy, so the application will be refused. In application of Polygamy, Religion court give register of polygamous permission in form Pdt G. Verification charged upon husband. Wife have to explain about polygamous permission which given this matter shows importance antinomy between Wife, Husband, and society. Polygamous Implementation in Religion court have done according to existing rule, but for this decision many people is disgruntled because its sacrifice the justice for wife.
Keywords : Poligami, Antinomi
Solution of Raperda in regional parliament has entangled governmental element, parliament and society. Involvement of society assessed before existence of formal solution of Raperda is at hearing public process and empirical facts analysis by SKPD. When solution of Raperda, society can follow to involve actively at level I, II and of IV in plenary meeting. Besides that, after perda have done, society still enabled to involve in public test. In this case, legal status between woman and men is same. The women's involvement in making of regional law, especially in Banyumas, still experience of various constraint. In this case, role of woman (generally) still assumed lower or not yet maximal. Opportunity have been given by government but woman still not yet earned the rights maximally. There are role of woman in attendance but role in input form is not yet maximal. In general, arising out constraint to women involvement in making regional law is come from society mindset concerning woman, cultural and quality of the Human Resources.
Kata Kunci : Keterlibatan Perempuan, Produk Hukum Daerah
International Agreement is very important for growth of national law, especially national criminal law. International Agreement as one of legal source can give information about growth at national law that carried out bilateral conventions and multilateral. The growth of Criminal law in Indonesia is influenced by many growths of international society. This influence is progressively with existence of globalization that affecting at changes of behavior which outwardly shift in law orders. Globalization era have supported by information technology, transportation and communications. One of fast transportation is plane. ICAO as world organization that concern in problem of air transportation said that this transportation is gristle with danger by people with various motifs. Conventions that carried out by ICAO such as Convention of Tokyo year 1963, Convention of Hague year 1970, Convention of Montreal year 1971 that influenced at KUHP after Indonesia have applicator this application can see in Law No. 4 Year 1976 that concerning Hijacking.
Kata kunci: Perjanjian Internasional sangat berpengaruh terhadap perubahan hukum pidana khususnya KUHP
One of the fundamental principles of criminal law is the principle of legality. This principle of prohibition enforcement consequences subsided (non-retroactive) a criminal law. In its development, this principle was deviation, especially for the crimes that fall into that category gross human rights violations. Constitutional Court decision to cancel the implementation regulation No. subsided. Law No. 2/2002 or Law No. 16/2003 closed the possibility of other criminal regulations made retroactive. Retroactive provisions of the (retroactive) in Indonesia is only possible for the gross human rights violations as defined in Law No. 39/1999 or Law No. 26/2000. This issue becomes complicated when the crime occurred a new type will cause a lot of casualties but no criminal laws that govern them. Will restrictions on retroactive application of the principle is so tight to let the victim fall.
Kata Kunci: asas legalitas, asas retroaktif, asas non-retroaktif.