{"title":"IMPLEMENTASI KEBIJAKAN ZONASI PASAR TRADISIONAL DAN PASAR MODERN (STUDI DI KABUPATEN PURBALINGGA)","authors":"Weda Kupita, Rahadi Wasi Bintoro","doi":"10.20884/1.JDH.2012.12.1.201","DOIUrl":"https://doi.org/10.20884/1.JDH.2012.12.1.201","url":null,"abstract":"Regency area that investment increased more relatively is Purbalingga. One of the Increased industrial sector is retail, whether traditional market and modern market formats such as alfamart and Indomart. Today almost every district in Purbalingga have more than one retail market in a modern format, such as in Kalimanah District, Padamara District, Bobotsari District and Bojongsari District. Therefore, researchers are interested to discuss about the implementation of zo - ning policies of traditional markets and modern markets in Purbalingga and what factors are likely to affect the implementation of zoning policies of tradisional market and a modern market in Purbalingga.Based on the results there are un synchronized legislation in zonation of traditi onal market and modern market. The factors that affect in policy of zoning traditional market and modern market are the law, law enforcement, facilities and infrastructure, community, and cultural factors. Keywords : policy, traditional market, modern market","PeriodicalId":30676,"journal":{"name":"Journal of Dinamika Hukum","volume":"12 1","pages":"45-59"},"PeriodicalIF":0.0,"publicationDate":"2012-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67591395","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"MENGGUGAT RELASI FILSAFAT POSITIVISME DENGAN AJARAN HUKUM DOKTRINAL","authors":"F. Samekto","doi":"10.20884/1.JDH.2012.12.1.108","DOIUrl":"https://doi.org/10.20884/1.JDH.2012.12.1.108","url":null,"abstract":"In the teaching of law, there is often \"mistaken\", that puts legal positivism (jurisprudence) is identical with the philosophy of positivism. Legal positivism be identified as an instance of positivism philosophy intact. The study of legal positivism, in fact very closely related to the philosophy and teachings of the law from time to time. The effects of natural law in the scholastic era, then the era of rationalism and the influence of positivism in the philosophy of natural science is very attached to the legal positivism until today. Therefore not only the philosophy of positivism affecting the development of legal positivism. Based on that then the legal positivism in fact has a characteristic which is different from the social sciences. If the social sciences were developed based on the philosophy of positivism, the doctrinal teaching of the law is not entirely been developed based on the philosophy of positivism. Not all the logical positivist philosophy can be applied in the doctrinal law. Keywords : positivism, legal positivism, doctrinal","PeriodicalId":30676,"journal":{"name":"Journal of Dinamika Hukum","volume":"12 1","pages":"74-84"},"PeriodicalIF":0.0,"publicationDate":"2012-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67591333","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"PERJANJIAN INTERNASIONAL DALAM PENGEMBALIAN ASET HASIL KORUPSI DI INDONESIA","authors":"Jamin Ginting","doi":"10.20884/1.jdh.2011.11.3.173","DOIUrl":"https://doi.org/10.20884/1.jdh.2011.11.3.173","url":null,"abstract":"International agreement is an important requirement to make asset recovery effectively. Mutual Legal Assistant (MLA) and Extradition are types of international agreement which usually used among country in asset recovery. Beside the regulations mentioned above, there are international regulation in United Nations ConventionAgaints Corruptio, 2003 (UNCAC 2003) which should be adopted and applied in Indonesian Regulation to make asset recovery effectively, such as regulation concerning Illicit Enrichment, Trading in Influence, bribery of foreign public officials and officials of Public international organizations, bribery in the private sector and another regulations which is supposed to be regulated in Indonesian’s regulation. Key words: corruption, international agreements, extradition","PeriodicalId":30676,"journal":{"name":"Journal of Dinamika Hukum","volume":"11 1","pages":"450-459"},"PeriodicalIF":0.0,"publicationDate":"2011-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67591614","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"RESTRUKTURISASI PEMBIAYAAN MURABAHAH DALAM MENDUKUNG MANAJEMEN RISIKO SEBAGAI IMPLEMENTASI PRUDENTIAL PRINCIPLE PADA BANK SYARIAH DI INDONESIA","authors":"F. Faisal","doi":"10.20884/1.JDH.2011.11.3.176","DOIUrl":"https://doi.org/10.20884/1.JDH.2011.11.3.176","url":null,"abstract":"Murabahah finance to syariah bank was restructured by rescheduling, reconditioning, and prudential principle. It means that syariah bank had considered various aspects, such as, minimizing syariah bank risk and not making customers disadvantageous, even making both parties advantageous, in the restructuring. Then, the syariah bank must also consider basic Islamic economic principles, such as, riba, gharar and maisir as carefulness in Islamic law. Furthermore, applications of customer service principles, such as, know your customer principles, syariah principle and syariah accounting principle are an inherent part which cannot be separated from prudential principle. Application of the principles is syariah bank loyalty to valid regulation in restructuring finance. Key words: restructuring, murabahah, prudential principle","PeriodicalId":30676,"journal":{"name":"Journal of Dinamika Hukum","volume":"11 1","pages":"480-489"},"PeriodicalIF":0.0,"publicationDate":"2011-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67591684","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"HUKUM TOLERANSI KELOMPOK SALAFI TERHADAP KELOMPOK ISLAM LAINNYA DI KABUPATEN BANYUMAS","authors":"Abdul Rohman, Elis Puspitasari","doi":"10.20884/1.JDH.2011.11.3.166","DOIUrl":"https://doi.org/10.20884/1.JDH.2011.11.3.166","url":null,"abstract":"Islam as a religion has a doctrine full final, complete, comprehensive and universal, so that the texts that became the guiding principle is universally viewed as well. In the real level, especially in need of interpretation, often leading to problems of its own because each group has a flow that allows the results are different interpretations. This is like the Salafi group based its interpretation on groups considered heretical Islamic sects other, so that a constraint when a dialogue about the development of tolerance values. Despite the rejection of the dialogue is actually contrary to the Qur'an itself. Key words: Salafi, tolerance, interpretation, heretical innovation","PeriodicalId":30676,"journal":{"name":"Journal of Dinamika Hukum","volume":"11 1","pages":"377-388"},"PeriodicalIF":0.0,"publicationDate":"2011-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67591596","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"KEADILAN DALAM PERSPEKTIF FILSAFAT ILMU HUKUM","authors":"Inge Dwisvimiar","doi":"10.20884/1.JDH.2011.11.3.179","DOIUrl":"https://doi.org/10.20884/1.JDH.2011.11.3.179","url":null,"abstract":"The author in this paper tries to investigate and describe the perspective of Justice in Legal Studies. Fairness in Legal Studies Philosophy attention to all aspects of terminology relating to justice and legal philosophy of science. Justice is the ideals and purposes of the law that reach from the philosophy of science perspective of the law by providing that justice is realized through law. By reviewing the opinion of Plato and Aristotle as the foundations of justice, Thomas Aquinas, who called for justice as well as John Rawls proportional equality with justice fairness the the basic values of justice are included in the study of philosophy of science philosophy of law will be answered by the legal science it self. The justice is not just there and read the text of legislation but also the legal justice in society. Both Article 16 paragraph (1) Law 4/2004 and Article 5 paragraph (1) Law 48/2009 states that justice shall be upheld in spite of no normative provisions and how thejudge alone buat also to explore and understand the values and sense of justice that exists in the community. Key words: justice, legal studies, philosophy of science of law","PeriodicalId":30676,"journal":{"name":"Journal of Dinamika Hukum","volume":"11 1","pages":"522-531"},"PeriodicalIF":0.0,"publicationDate":"2011-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67591318","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"TANGGUNG JAWAB RUMAH SAKIT TERHADAP KERUGIAN AKIBAT KELALAIAN TENAGA KESEHATAN DAN IMPLIKASINYA","authors":"Setya Wahyudi","doi":"10.20884/1.JDH.2011.11.3.178","DOIUrl":"https://doi.org/10.20884/1.JDH.2011.11.3.178","url":null,"abstract":"Justification hospital responsible for the losses resulting from the negligence of health workers in hospitals, namely the existence of the doctrine of respondeat superior, the doctrine of the hospital responsible for the quality of care (duty to care); and doctrine of vicarious liability, hospital liability, corporate liability. These doctrines are implemented on the provisions of Article 46 of Law Hospital in Indonesia, which determines that the hospital liable for all losses incurred on the negligence of health personnel in hospitals. The implications of the provisions was not easy for the public / patients to make compensation claims to the hospital, because it turns out there are reasons that can cause not all acts of negligence of health workers in hospitals is responsibility of the hospital. These reasons, such as health workers are not workers in the hospital; not know what parts are included in the therapeutic agreement with the doctor and what parts are included into the into the contract with the hospital . Key words: hospital responbility; negligence, health workers","PeriodicalId":30676,"journal":{"name":"Journal of Dinamika Hukum","volume":"11 1","pages":"505-521"},"PeriodicalIF":0.0,"publicationDate":"2011-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67591260","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"UPAYA KEBERATAN TERHADAP PNS YANG DIJATUHI HUKUMAN PEMBERHENTIAN TIDAK DENGAN HORMAT","authors":"Sri Hartini","doi":"10.20884/1.JDH.2011.11.2.193","DOIUrl":"https://doi.org/10.20884/1.JDH.2011.11.2.193","url":null,"abstract":"Staffing dispute settlement mechanism against civil servants who sanctioned by harsh punishment such not respect form , is a serious legal problem. From the research found that staffing is the State Administration dispute settlement. What penyelesaianya has its own characteristics. Disputes in the area of staffing are not handled directly by a State Administrative Court (Administrative Court)), but must first be resolved through a process similar to a judicial process, conducted by a team or by an official in the government environment. The process in the science of law is called quasi-judicial (quasi rechtspraak), known as administrative appeals. Civil servants who will submit disputes to the Administrative Court, if the sanstion imposed on the basis of PP No. 53 years 2010 on the discipline of civil servants, the mechanism that must be passed is the efforts the administration that through to the Civil Service Advisory Board (BAPEK). Article 38 of Regulation 53 of 2010 administrative effort submitted to BAPEK , however these regulations do not provide clarity. Based on this research, the settlement of disputes relating to the dismissal of cicil servant by not respect can resolved by employment regulations, the legal basis is the Administrative Court Act, Article 48 paragraph 2 and Article 51 paragraph 3. Key words: civil servants, dispute officer","PeriodicalId":30676,"journal":{"name":"Journal of Dinamika Hukum","volume":"11 1","pages":"358-365"},"PeriodicalIF":0.0,"publicationDate":"2011-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67591554","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"PERKEMBANGAN KONSTELASI POLITIK INTERNASIONAL DAN IMPLIKASINYA TERHADAP POLITIK HUKUM NASIONAL INDONESIA DALAM PEMBERANTASAN TERORISME","authors":"Mardenis Mardenis","doi":"10.20884/1.JDH.2011.11.1.88","DOIUrl":"https://doi.org/10.20884/1.JDH.2011.11.1.88","url":null,"abstract":"The problem of terrorism has now become one of the few global issues which are very much talked about and greatly affect international relations. Actually, when the United States (U.S.) makes the issue of terrorism as the main agenda of foreign policy (polugri) country and invite / pressing other countries to support it, almost all world countries basically agree, agree. The problem then arises when the execution was terrorism that will be the common enemy of mankind and must be fought together it is terrorism by political interests, and ideology economi U.S. Key words : Terrorism, global issue, US foreign policy, political, economy and ideology of US.","PeriodicalId":30676,"journal":{"name":"Journal of Dinamika Hukum","volume":"11 1","pages":"161-175"},"PeriodicalIF":0.0,"publicationDate":"2011-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67591474","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"KEWAJIBAN PEGAWAI NEGERI SIPIL MEMILIKI NOMOR POKOK WAJIB PAJAK (NPWP)","authors":"Sri Hartini","doi":"10.20884/1.JDH.2009.9.1.65","DOIUrl":"https://doi.org/10.20884/1.JDH.2009.9.1.65","url":null,"abstract":"Public servant represent one of is one of the tax subject , the public servant must have NPWP. The criterion for officer to make the NPWP minimum of faction is II A and officer of private sector that have income 1,1 million rupiah’s. Tax is foreign exchange of the country . Because of Public servant considered to be a dominant taxpayer, so Public servant obliged to have the NPWP. NPWP is an registration form that given by Office of tax service to the personal people or company that registering it’s self to be confirmed as taxpayer which is used as identification or identity of taxpayer. As administration tool’s, NPWP is important and useful for taxpayer and Office of tax service, so office of tax service try gift NPWP that can be conducted by easily and modestly. If the data have complete, so the NPWP can did only on thirty minute . For public servant that do not execute this rule, it will be considered to be collision discipline of public servant ( PP. No. 30 Year 1980 ) Kata kunci : kewajiban PNS memiliki NPWP","PeriodicalId":30676,"journal":{"name":"Journal of Dinamika Hukum","volume":"9 1","pages":"60-66"},"PeriodicalIF":0.0,"publicationDate":"2011-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67591281","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}