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2013-05-08 08:51:40
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2013-05-08 08:51:25
FKIP Untirta Gelar Gebyar Hardiknas 2013
2013-05-08 08:50:53
Hasil penelitian wajib disertai sosialisasi

Publikasi Penelitian Dosen

A COMPARATIVE STUDY OF WAQF LAND FOR COMMERCIAL USE IN INDONESIA
Abstrak

ABSTRACT

This study attempts to examine the use of Waqf land from the perspective of Islamic law to compare to Indonesia Land Law in which allows Waqf land to be used for commercial interests. In Jakarta itself, there were some areas of Waqf land but are currently in used for commercial, such as: office buildings and/or apartments. Different opinions often arise as most people in Indonesia agree that Waqf is merely for social and should be performed in ways determined by Islam. This paper focuses on how Islamic law constitutes the rules and the function of Waqf itself, its social use and its possibility to be used commercially. The study will also expose the land law in Indonesia to compare if both instruments are in the same line. Theoretical approach and content analysis of the Islamic law and land law in Indonesia will be conducted as the tool to answer the problems on what Waqf is and if commercial use has been according to the Islamic law.

Keywords: Waqf land, Islamic Law, Indonesia Land Law, Comparative Law

Penulis : B.F. SIHOMBING, Dr. S.H.M.H. [PDF File] didownload : 11 x

TEORI MOCHTAR KUSUMAATMADJA. TENTANG HUKUM SARANA PEMBANGUNAN MASYARAKAT SEBAGAI TEORI JALAN TENGAH ANTARA ALlRAN MAZHAB POSITIVISME DENGAN MAZHAB SEJARAH
Abstrak

Abstract

One interesting issues in law theories studies is the view difference between two

schools in law/jurisprudence theories on the definition of law with all of the

conquences of that definitions. Those two schools are the positivism of school of

jurisprudences and historical school of jurisprudence. These two schools have s big

influence on law theory develompment in the word as well as the developmen of

positive law in many countries. This paper provide an analiysis that Mochtar

Kusumaatmadja's theory can act as a middle way between those two schools of

thoughts in jurisprudence.

Keywords: legal theory, mazhab of positivism, Muchtar Kusumaatmaja

Penulis : ANDI WAHYU WIBISANA, Dr. S.H., M.H [PDF File] didownload : 11 x

DISKRESI DALAM PENGELOLAAN BARANG MILIK NEGARA SEBAGAI BAGIAN DARI PENGELOLAAN KEUANGAN NEGARASEBAGAI SARANA HUKUM PERLINDUNGAN BARANG MILIK NEGARA (Studi Kasus: Diskresi Pada Pengelolaan Barang Milik
Abstrak

Abstract

Discretion is a type of authority that provide benefit in the right time; when there is a

needfor a regulation that cannot be fulfilled by existing regulations. The rise of state

financial laws regime, especially on Government Regulation on State Property

Management, gives birth to new legal issues in wich the new regulation often

crashed with that on land law. This regulation conflict pertains the status of HGB

above HPL that (1) was recorded as state property and (2) stet property that was

used as collateral good as regulated by the Law of Collateral Right. This conflict of

law occurred because state financial law regim forbid the use of state properties as

collateral or to be pawned. This problem is not clearly regulated in the state

financial regime especially in the Transition Chapter. One measure to deal with this

void in law is by using the authority of Finance Ministry through its regulations.

Keywords: Discretion, land law, state financial laws regime, state property, the status

of HGBabove HP

Penulis : ANDI WAHYU WIBISANA, Dr. S.H., M.H [PDF File] didownload : 11 x

Legal Enforcement on Environment Pollution in Elegant Gold Mining Activities
Abstrak

Abstract— Illegal mining cases in Indonesia, of course,

require a law enforcement under applicable legislation to

eradicate and provide a deterrent effect against illegal mining

actors, in connection with efforts to protect the environment

from pollution and destruction caused by illegal mining.

Community activities in the fulfillment of life needs are many

who ignore the importance of the environment in supporting

their lives. Community activities that are very harmful to the

current environment that is flourishing in several areas in

Indonesia is gold mining. This gold mining is done illegally

because it does not have permission from the authorized

officials. This mining activity is known as Unlicensed Mining

(PETI) gold mining materials. Mining is part of the activities to

produce mineral mining and / or coal and minerals related to

the mining sector to become the largest foreign exchange

earner in Indonesia, but the implementation of the government

often faces problems, much Gold mining that occurs in local

area land is illegal gold mining that negatively impacts

environment, community morality and others. Therefore, it is

found that there is uncertainty between the implementation of

the regulation and its enforcement, it is necessary from the

government to create an Independent Supervisory Team

related to the implementation of regulation in mining activities

and enforcement, so that the harmony and balance to support

sustainable development is implemented with a comprehensive

and comprehensive policy and take into account the needs of

the generation now and in the future and there fore it is

necessary to enforce the law against illegal gold mining

activities with certainty and firmly so that illegal mining is not

increasingly widespread and can be overcome.

Keywords— gold mining, illegal mining, environment

Penulis : LISDA SYAMSUMARDIAN , S.H., M.H [PDF File] didownload : 11 x

KONTROL SUATU NEGARA PERBATASAN DALANI ARUS MIGRASI PADA PERSPEKTIF HAM
Abstrak

Abstract

A State in ntatters and policies concerning control over their bortlers is the reoson that high

intensitl) population movements can threaten securi\t and stabi.litt,- [t is there/bre olien

confi'onted with humonitaridn matters, from the perspective of ltuntan rights, strict border

controls along with trade batriers, political osylun, lhe nisen, o/ li/b, and the deaths o/'

migrants, on the terms of the Universal Declaralion of Htrnttttt Rights, article l3-2, that

even)one ltas the right to leave his country, including in this case his coLtntry, this is why they

believe in the right rf inclit iclual emigration. Regarding lhe relotionsltip of border control

and hunton rights there ore three Jirst challenges covering asv'lunt, bolh smuggling and

tr$Jicking in humani\.,, and the three relation,ships between bortler controls, apart.from that

ttll, o governntent ma,v accomn'todate all the flow of migrution lhat flous on neighboring

countries even lhough they arg ns| rr.Ttablefor them ure primaril,v concerned with potential

social con/licts that ntay occur. Generally the conflict v,ill occur in the perspective put, where

the deeper coteg(ry in the political, cultural, socio-econotric antl legal dimension, as qurtted

argues that the flow of Internationai Migration contributes Against lhe possibility of a clash

oJ civilizations, then Jront a nunber of issues show that e//bctive horder control management

(lutomdicolb) requires a stronger level of inter-state cooperotiotl. harntonizing many policies

on border controi, as w'ell as international cooperalion as a control. of maintaiiting the

cupacit-t, oJ the State to regulate the flow oJ popttlation , In respect of x'hiclt the Stale has on

interest it1 contrctlling its border territories for various reusons ,suclt as control over the

population, restricting ktbor market access, and public goods, and for mttintaining internal

security.

Key ll'ords: State, Migration, Borders, Perspectives, Iluntan Rights

Penulis : LISDA SYAMSUMARDIAN , S.H., M.H [PDF File] didownload : 11 x

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