bluuebunny/crossref_metadata_2025_split huggingface dataset:
Building Back Wards in a 'Post' Institutional Era: Hospital Confinement, Group Home Eviction, and Ontario's Treatment of People Labelled with Intellectual Disabilities
Authors: Spagnuolo Natalie 
Published: December 2016

Although Ontario has closed the regional centres that were intended for people labelled with intellectual disabilities and apologized to survivors, the institutionalization of disabled people persists in other forms in the province. This article demonstrates that the eligibility criteria established by privately-operated and publically-funded group homes contributes to the use of what will be termed 'back ward' placements in institutions such as hospitals and nursing homes. While group homes themselves have been – quite rightly – criticized as neo-institutional forms of residential support, they also play a role in shaping more overt forms of confinement by refusing to tailor their services to the needs of certain individuals. What follows is an analysis of residential support systems that builds upon case studies and reports to expose how impairment hierarchies, based on ranked support needs, determine who will end up in these 'back wards' and who will be offered a place in a group home.
ANALISIS MENGENAI MATERI MUATAN PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2003 TENTANG PROSEDUR MEDIASI PENGADILAN
Authors: Bintoro Rahardi Wasi , Sudrajat Tedi 
Published: December 2016

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. Kata kunci: Jurisdiction, dispute and mediation.
PENGISIAN JABATAN SEKRETARIS DESA DI KABUPATEN BANYUMAS (Studi Tentang Kebijakan Pengisian Jabatan Sekretaris Desa)
Authors: Hartini Sri , Nassihudin Abdul Aziz 
Published: December 2016

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
PENGARUH PERJANJIAN INTERNASIONAL TERHADAP PERUBAHAN-PERUBAHAN KUHP BERKAITAN DENGAN TINDAK PIDANA AERIAL HIJACKING
Authors: Johny Ruby Hadiati 
Published: December 2016

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
KEJAHATAN ALIENATIF
Authors: H e r m a n s y a h H e r m a n s y a h 
Published: December 2016

The exictency of state of law in social life is certainly and its clear that impact of all our live, these conditions, of course, are able to impact on our life, likely, ideology, economy, cultural and social life. Moreover, are eliminated of lacal law that there are along ago. And then, sometime, appeared resistance from community where the local law become their way of life. This condition, are able to say that “eliminated crime” are accoured. Kata kunci: state of law, local law and eliminated crime.
PENERAPAN PASAL 4 UNDANG-UNDANG NO.8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN PADA JASA PENGIRIMAN DOKUMEN DI PT. KERTA GAYA PUSAKA PERWAKILAN PURWOKERTO
Authors: Salami Rochani Urip , Nurjaya I Ketut Karmi , Kartika Krisnhoe 
Published: December 2016

Nowadays, the issue of consumer protection in Indonesia has encompassed various fields of social life, nd without any exemption, the isuue of transportation is include thereof. Transportation is one of the factor that able to determine the succes of state’s economic. Transportation is executable through land, air and water. One of the forms of services in land transportation is the transport of package in Purwokerto that run the area of document. This research usesd the method of normative approach, eith the intention to conclude the legal protection toward the consumer of PT Kerta Gaya Pustaka package transport service branch in Purwokerto, considering that PT Kerta Gaya Pustaka is one of the parties in the world of bussiness that has obligations to perform its bussiness in conformity with the principles and provisions in the consumer protection act (UUPK) as well as possible and with liabilities. Kata Kunci : Perlindungan Konsumen, jasa Pengiriman dokumen
TINJAUAN FILOSOFIS UNDANG-UNDANG NOMOR 1 TAHUN 1974
Authors: Prihatinah Tri Lisiani 
Published: December 2016

In the globalization era, there is less respect to the marriage institution due to the influence from different concepts of marriages from different countries. In the Indonesian context, one of the reasons comes from misunderstanding towards the nature of family law i.e. Marriage Law Number 1 Year 1974. Better understanding for all Indonesian to the law from phylosophical point of view is an essential effort to achieve the goal of marriage itself. A specific analysis has been given to the aspects of onthology, epistemology and actiology. Kata kunci: filsafat, UU Perkawinan, Indonesia
PENGANTAR MENGENAI TEORI MARXIS TENTANG HUKUM
Authors: Wijaya Endra 
Published: December 2016

The opinion of Karl Marx becomes the inspiration for the appearance of the critical philosophy in the field of economics, social, politic and law. The spirit is to criticize the capitalism system that assumed of negative effect for the human life. When those opinion is came into the law, it bring the criticism to attendance of law in capitalist society. In capitalist society, law is not a free value, it’s not neutral character and always related with the economic factor and also existing politics. Kata Kunci : teori marxis dan sistem kapitalisme
FAKTOR-FAKTOR YANG MEMPENGARUHI EFEKTIVITAS PANGLIMA LAOT DALAM PENGELOLAAN SUMBER DAYA ALAM LAUT DI KOTA SABANG
Authors: Kurniawan Andri 
Published: December 2016

At Nanggroe Aceh Darussalam Province, regional domination pattern of sea still very strong grow in fisherman society. Therefore, in their society still functioned Panglima Laot that have the function to : defence and observe the sea for regional exploiting. In this case, the authoritative of Panglima Laot, first, maintaining the sea environment as cooperative ownership ( common heritage). Second, arrange the resource management of the sea. Third, give the sanction to the people that collision to rule of the customary law of the sea. In Implementated their function, Panglima Laot have a lot of constraint, such as : the factor of fishing in sea, institution factor, the earningsinstitute factor, regional boundary factor, human resource factor, factor of the weakness management system in effort fishery, and also factor of supply of the traditional arrest. Kata Kunci : Panglima Laot dan Pengelolaan SDA Laut
IMPLEMENTASI UU NO. 13 TAHUN 2003 TENTANG KETENAGAKERJAAN BAGI TENAGA KERJA PEREMPUAN DI KABUPATEN PURBALINGGA
Authors: Bintoro Rahadi Wasi , Ardhanariswari Riris , Permana Rahman 
Published: December 2016

The governmental intervention through law and regulation have brought the elementary change in labour relationship, namely the nature of private and public, so that regulation thet released by government have in such a way broadness, not only in law aspect which relate with the job, but also before and after labour relationship. This concept have accommodated in Law Number 13 Year 2003 about labourness. Law No. 13 Year 2003 have given the arrangement about the protection of law for woman labour, such as the protection of law for underage woman labour, the protection of law for pregnant woman labour and the protection of law in the case of in working and take a rest. But in the other hand, in Law No. 13 Year 2003, there are weakness in giving protection for woman labour. Based on Article 10 sentence (1) and (3) Law No. 32 year 2004 about Local Governance, that besides political business abroad, defender, security, yustisi, fiscal and national monetary, and also religion become the business of local government. For the reason, Local government can release the furthermore regulation such as local regulation and also regent decree, utilize to arrange furthermore about labourness. Kata kunci : tenaga kerja, perusahaan, perlindungan hukum
EFEKTIVITAS SANKSI PIDANA PAJAK DALAM UNDANG-UNDANG NOMOR 28 TAHUN 2007 TENTANG KETENTUAN UMUM DAN TATA CARA PERPAJAKAN (Studi di Pengadilan Pajak Jakarta)
Authors: Wibowo Tri 
Published: December 2016

One effort of realizing independence of nation in defrayal of development is find the source of fund that coming from tax. But, there are behavior of tax evasion that manipulated by legal subject and object of tax for to get thrift of tax by doing contempt of court (unlawful), and manipulate the tax is coherent virus (inherent) in each tax system that applying in every jurisdiction. Based on research result, applying of sanction in the case of manipulate of tax is not yet effective, because not all that order in the norm did, for example bookkeeping’s not true and not yet had NPWP. Therefore, the policy formulation of crime sanctions in Law Taxation and also there must be support society and from government enforcers, so application of sanction of crime in taxation area can effectively did it. Kata Kunci : Pajak, Penggelapan Pajak, efektivitas sanksi pidana
EFEKTIVITAS PIDANA PEMBAYARAN UANG PENGGANTI DALAM TINDAK PIDANA KORUPSI (Studi Putusan Tindak Pidana Korupsi di Pengadilan Negeri Purwokerto)
Authors: Lukas Ade Paul 
Published: December 2016

This punishment is proved not effective because there were only two person punished who repaid. The rest failed to do so due either to lack of money or liquid assets. Instead they signed a letter stating their inability to repay the corrupted money and their readiness to undergo subsidiary punishment. The verdicts of Purwokerto regential Court against corruption act during the period between 2004 through 2008 stated that the punished were given additional punishment to repay the corrupted money but not all of them were punished with such additional punishment. The punishment given was without the obligation to repay and verdict of not guilty. There was constraint from the legal aspect. The constraining factors were the difficulty the public attorney faced in tracing the wealth obtained from corruption. There was also the unawareness of the society to report corruption act. Keyword : Legal effectiveness, Repay the corrupted money, Corruption
TUGAS DAN FUNGSI KEUCHIK, TUHA PEUET DALAM PENYELENGGARAAN PEMERINTAHAN GAMPONG LAMPISANG KECAMATAN PEUKAN BADA KABUPATEN ACEH BESAR BERDASARKAN QANUN NOMOR 8 TAHUN 2004 TENTANG PEMERINTAHAN GAMPONG
Authors: Kurniawan Andri 
Published: December 2016

Aceh is a province which is the unity of the legal community who are privileged and given special authority to organize and manage their own affairs and interests of its people in accordance with laws and regulations in the system and the principle of the Unitary Republic of Indonesia based on the 1945. Aceh Besar district government has issued Qanun Aceh Besar District No. 8 of 2004 on Village Governance, which is the translation of NAD Province Qanun No. 5 Year 2003. Qanun District No. 8 of 2004 on Village Governance is still valid until now. This is because the district has not revised the Qanun Aceh Besar district as mandated by Law Number 11 Year 2006 about the existing Governing Aceh.Keywords: Roles and Functions, Keuchik, Tuha Peuet, Village Governance.
OVER CAPACITY NARAPIDANA DI LEMBAGA PEMASYARAKATAN, FAKTOR PENYEBAB, IMPLIKASI NEGATIF, SERTA SOLUSI DALAM UPAYA OPTIMALISASI PEMBINAAN NARAPIDANA
Authors: Angkasa Angkasa 
Published: December 2016

Overcapacity happened because growth rate dweller of ill assorted prison with dwelling medium of prison. Besides seems there are some other impeller factors to the happening of the paradigm overcapacity or law factors of itself which tend to oriented institutional crime (prison). Overcapacity tend to to have negative implication to some matters for example the lowering of security storey;level / observation and also the happening of prisonization. Solution of overcapacity convict in prison in the effort optimalization construction of convict in the effort optimalization construction of convict for example with a few actions having the character of non-institutional in the form of conditional crime, probation, suspended, compensation, restitution and also usage of restorative justice. Keyword: overcapacity, convict, justice restorative
PENGUASAAN TANAH MASYARAKAT HUKUM ADAT (SUATU KAJIAN TERHADAP MASYARAKAT HUKUM ADAT TERNATE)
Authors: Alting Husen 
Published: December 2016

Land acquisation by the community of adat law tends to leave out. This condition caused by the government policy before which has no attention to the development of land acquisition of the adat community. According that policy, all land are owned by the State, especially when its issue is about the government and bussiness interest. Reformation has changed the State system related to land acquisition, where the position of adat law community is diclared explicitly in the State constitution. The position of adat law community is agreed as long as not contradicted wiht public interest. The tale of seeking the existency of adat law community and the right of adat land acquisition shows that acquisition, mechanism and the area of adat law community still exist and have different characteristic between one and another. So that, State and the government should give protection and agreement to the right of adat law community as well as local wisdom as stated in its constitution. Key words: Land acquisation, right of adat community, adat law
IMPLIKASI KEBIJAKAN “PENDAERAHAN” PENGELOLAAN PBB SETELAH BERLAKUNYA UU NO. 28 TAHUN 2009 TENTANG PAJAK DAERAH DAN RETRIBUSI DAERAH
Authors: Pamuji Kadar 
Published: December 2016

Local tax policies according to local tax laws and new levies which gives breadth to the local taxation authority is done by expanding the tax base. Giving to the local taxation authority have been duly carried out to confirm the alignments to the process of democratization. The problem is "how is the legal implications of the Land and Building Tax management of rural and urban sector after the enactment of Law no. 28 of 2009 on regional taxes and Retribution" To know the legal implications, the study begins first by performing comparative Land and Building Tax arrangement according to the Law. 12 of 1985 by Act no. 28 of 2009 on regional taxes and Retribution. The results of the study concluded that the policy of the Land and Building Tax management of rural and urban sectors is authorized for the district/city, which has implications on the necessity for coordination, transfer of assets, preparation of executive human resources, technology, device setup, institutional arrangements, legal instruments (regulations and declaring) as well as other supporting facilities and infrastructure. Key words: Legal Implication, Policy, Land and Building Tax Management
PENERAPAN HUKUM DALAM PENYELESAIAN SENGKETA TRANSAKSI ELEKTRONIK DI PERADILAN UMUM
Authors: Bintoro Rahadi Wasi 
Published: December 2016

This research is study about law construction of forming electronic contract in transaction that exploiting information technology and law of evidence that applying for electronic document. and to explaing its, researcher use statue approach, conceptual approach and case approach, that is included in the approach method in legal research. Pursuant to research which have been done, agreement in e-commerce is form when there is an acceptance from buyer by electrically or when the buyer signing a digital signature. Evidence law of electronic document that form in e-commerce and e-banking have strength of perfect verification as pukka act, as long as it is using security system which is difficult technically to be able to infiltrate or leaked by other party, while electronic document from transfer of company document to electronic media have strength of perfect verification. In the case of dispute in e-commerce, e-banking dispute and dispute of company document which have been transferred in the form of electronic media, hence can be raised by evidence appliance in the form of written evidence appliance, eyewitness, presupposition, confession, oath, and expert eyewitness to strengthen electronic document. But that way, rule of law not yet been given by comprehensively. Keywords : internet, e-commerce, e-banking, company documen, evidence law
PARTISIPASI PEREMPUAN DALAM PEMILIHAN GUBERNUR PROVINSI LAMPUNG TAHUN 2008
Authors: Yuswanto Yuswanto 
Published: December 2016

Lampung governor election on 2008 executed under article 233 (2) of act Number 32/2004 cencerning local government, on the other hand its implementation process is referred to act number 12 / 2008 concerning second ammendment of act number 32/2004 concerning local government. Governor election invites controversy both theoretically and practically. The research explores merely on the woman participation. Research method applies normative research that using secondary data deriving from primary, secondary and tertiary legal sources. The research shows that in governor election 2008 executed under article 233 (2) act number 32/2004 concerning local government and its implementation process based on act number 12/2008 , the fact show that from 5,36 milion voters, male voters reached of 2.778.763 voters, female was 2.587.978 voters, sehinso the total number was 5.366.741 voters. In sum, male voters was 51,77 %, and female voters was 48,33 %. This means that woman participation in governor election was 48,33 %. In another word, without woman participation, there is no one candidate can be stipulated as elected candidate. Keywords: governor election, woman participation
HARMONISASI KEBIJAKAN PENGENTASAN KEMISKINAN DI INDONESIA YANG BERORIENTASI PADA MILLENNIUM DEVELOPMENT GOALS
Authors: Latifah Emmy 
Published: December 2016

The purpose of this research is to understand the level of harmonization of poverty alleviation regulations and policies in Indonesia within the Millennium Development Goals (MDGs), especially Target 1. From this research, it can be created a model of regulation and polices harmonization of poverty alleviation in Indonesia in order to harmony with the MDGs. To achieve these objectives, data collected by regulation and policies of poverty alleviation in Indonesia, and then it is analyzed with editing analysis style. The results of this research are the policies of poverty alleviation in Indonesia are not harmonious with the MDG target. It is because of the poverty alleviation policies in Indonesia with the MDG target as a result of differences in defining poverty, which is not focused on the definition of poverty used by the MDGs. The definition of poverty according to the MDGs is those who have income less than US$ 1 per day. Key words: harmonization of regulations and policies, poverty alleviation, Millennium Development Goals
ASAS PRADUGA TIDAK BERSALAH: PENERAPAN DAN PENGATURANNYA DALAM HUKUM ACARA PERDATA
Authors: Butarbutar E. Nurhaini 
Published: December 2016

The principle of presumption of innocence, was a general principle of procedural law, because that was contained in the Act of Power by Judiciary. As that the general principle of procedural laws, that was principle has been effective to all process matter in the court. But also, the principle of presumption of innocence, only well known in the criminal process matter because that was back arrenged in KUHAP and was not arranged in HIR/Rbg as a regulation of civil procedural in the court. Nevertheless, the principle of presumption of innocence was applied in civil process matter by mean of the implementation of principle that contained in HIR/Rbg, i.e principle of actor sequitor forum rei, principle of equality before the law and principle of actori in cumbit probation. Key words : The principle of presumption of innocence, a general principle of procedural law, its implementation, civil process matter
PROBLEMATIKA KEPALA DAERAH SECARA LANGSUNG (DALAM PERSPEKTIF SOSIOLOGIS)
Authors: Djauhari H 
Published: December 2016

Regional Head in a direct election indicates not yielded Regional Head of an ideal, in this case is suspected that some Regional Head who stumble legal cases of corruption. Such things can happen because of the democratic process in elections beginning with the starting pull of interest between the prospective head region with political parties on the one hand, and between candidates for the head area with his constituents on the other side. The implications of these conditions cause the cost of direct elections is quite expensive. With the number of political parties is quite large and there is no consciousness of the voters make choices based on conscience cannot be avoided in the elections always bring money politics (politics of money) / political horse-trading, and will bring leaders think moral hazard. These conditions are still just always happens in local elections democratic party directly. Such a case will be examined from a sociological aspect to bring up three issues, namely: the proliferation of political parties, money politics (money politics) / political horse-trading and the nature of moral hazard. Keywords: direct election problems, sociological perspectives
PENGARUH PERKEMBANGAN IPTEK TERHADAP PERMASALAHAN HAKI
Authors: Chalim Munsharif Abdul 
Published: December 2016

Intellectual Property Rights’ issues are growing problems in accordance with the development of science and technology. As examples of developments in biotechnology with the technology of genetic engineering led to the birth of the need to protect the results of biotechnology engineering. In developed countries Intellectual Property Rights has become part of everyday society, so that science and technology development in the country are always oriented to the protection of Intellectual Property Rights. Excellence in aspects of trade can be owned by developed countries because one of them is determined by the comparative advantage of the ability of science and technology that is related to the field of intellectual property rights. Keywords: IPRs, law protection, economic benefit