Vol.15 No 1 Juni 2008

THE ISLAMIC LAW PERSPECTIVE ON

SUSTAINABLE FOREST MANAGEMENT

Nasrullah

Faculty of Law, Muhammadiyah University of Yogyakarta, Jalan Lingkar Selatan, Tamantirto, Kasihan, Bantul, Yogyakarta 55183, Indonesia.

Email: [email protected]

ABSTRACT

Recently, the adverse threat of deforestation to tropical forests has become one of the global concerns. Several international and national organizations have been set up and various initiatives have been formulated aiming at addressing the challenges posed by deforestation, and managing the remaining forests in a sustainable manner. Although sustainable development, ecological balance, conservation, inter-generational equity and sustainable use of natural resources are novel global concerns, they are not something new in Islam. Hundreds of years ago, Islam has highly emphasized on the conservation and sustainable use of natural

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resources. This study intends to elaborate the Islamic law perspective on sustainable forest management. Moreover, it also assesses whether the preventive and punitive measures available for combating illegal forest activities comply with Islamic law principles and emphasizes on conservation of forest and reforestation shall lay on the principles of khilafa (trus teeship) and amana (vicegerency).

Key words: Sustainable forest management, Ecological balance, Tawhidic approach, Khilafa, Amana, Preventive and Punitive measures.

EFEKTIVITAS PASAL 4 AYAT (2) UU NO 21 TAHUN 2000 DALAM PENINGKATAN HUBUNGAN INDUSTRIAL

Asri Wijayanti

Fakultas Hukum Universitas Muhammadiyah Surabaya, Jalan Sutorejo, Nomor 59 Surabaya, Indonesia.

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Email: [email protected].

ABSTRACT

The implementation of law in society, in practice, faces many obstacles. In case of implementation of article 4 (2) Law Number 2000, it does not work effectively in promoting a better industrial relationship between the businessman and workers since the technical regulation has not made yet. The businessman’s attitude is still dominant and at the same time the workers are unskilled labour. In addition, there is lack of facilities in disseminating the law to society. Therefore, there is a gap between the objective of the law and the legal awareness of people. In order enforce the law effectively, technical regulation has to be made soon. Besides, the law has to disseminating widely among society through discussion, workshop and by incorporating the law into subject of labor law.

Key Words: Effectiveness, Industrial relationship, Businessman, Unskilled labour.

KARAKTERISTIK KEJAHATAN NARAPIDANA PEREMPUAN DALAM KONSTALASI RELASI GENDER DI LEMBAGA PEMASYARAKATAN

WANITA BULU SEMARANG

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Shinta Dewi Rismawati

Jurusan Syariah STAIN, Pekalongan, Jalan Kusuma Bangsa Nomor 9 Pekalongan, Jawa Tengah, Indonesia.

Email : [email protected]

ABSTRACT

Homicides have no gender, it means that the murder can be male or female but gender discrimination on female can trigger gender based crimes that have certain characteristics. This research aims to find out the characteristics of murder cases of female prisoners in Bulu female prison in Semarang and the gender related factors that trigger those prisoners to be murderers. The aims of this research are to explain the characteristics of homicide cases of female prisoners in Bulu female prison in Semarang and also to explain the gender related factors that trigger those prisoners to be murderers. This research uses qualitative methods, this is a descriptive research. The data used is primary and secondary data. The research instruments are questionnaire, camera, and tape recorder; the data was obtained using observation, snowballing interview, and documentation study. The data was verified with triangulation technique and then the data was analyzed using qualitative analysis with logical inductive. The result of the research showed that the murder cases that were done by those prisoners can be classified into unplanned murder (4 people), planned murder (2 people), abortion (1 person), and infanticide (1 person). It is also found out that there is a specific characteristic of their victims, their victims were usually some one that they are already acquaintance with and those who have close relation with the murderers, both adults and children. The factors that made them do homicide are marginalization, stereotype, subordinations, violent, and multiple responsibilities that are experienced by those prisoners in their family or society. Those factors

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are gender related factor.

Key Words : Homicide, Female Prisoners, and Gender Injustice.

EFEKTIVITAS PELAKSANAAN PEMBAYARAN ROYALTI TERHADAP PERFORMING RIGHTS DI DAERAH ISTIMEWA YOGYAKARTA

Dyah Permata Budi Asri

Jurusan Hukum Bisnis, Universitas Janabadra, Jalan Tentara Rakyat Mataram Nomor 55-57, Yogyakarta 55231, Indonesia.

Email: [email protected].

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ABSTRACT

The facts in society shows that there are many infringements of copyright and it has reached the dangerous level, so that it can disturb the social structure especially on the creativity of creation. These phenomena can be found in the illegal downloading of ring back tones or MP3 and MP4 files from internet, the use of songs in caf, private radio and other entertainment places that increases the demands of music and songs. Problems occur when the system royalty payment to the copyright holder is not yet clear. The result of this research shows that respondents have not yet fulfilled their obligation to pay royalty of performing rights. Some respondents have an awareness to fulfill their obligation i.e. Bosche VVIP Club while the rests do it unserious. Geronimo private radio fulfills the obligation because it is part of the regulation in professional organization of PRSSNI in which Geronimo becomes a member. There are two respondents who do not fulfill their obligation those are the cellular phone shops, Nadia seluler and Magetan Seluler. The royalty payment is done and arranged by appointed representative like KCL in Jakarta. Their duty is to collect and calculate the amount of royalty based on the rights given by copyright holder. The factor that influences the respondents to fulfill the obligation is the respondents awareness for paying royalty for every creation that they use, even though the respondent's awareness is only to fulfill the rules of its professional organization (Geronimo private radio). There are also respondents with low awareness of copyright that never pay royalty for the creation that they use commercially.

Key words: Copyright, Performing Rights, Royalty.

PENERAPAN KEWAJIBAN HUKUM TERHADAP TANGGUNG JAWAB SOSIAL PERUSAHAAN (CORPORATE SOCIAL RESPONSIBILITY) BERDASARKAN PRINSIP KEDERMAWANAN ( PHILANTHR OPY )

Prihati Yuniarlin

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Fakultas Hukum, Universitas Muhammadiyah Yogyakarta, Jalan Lingkar Selatan, Tamantirto, Kasihan, Bantul, Yogyakarta 55183, Indonesia.

Mukti Fajar N.D.

Fakultas Hukum, Universitas Muhammadiyah Yogyakarta, Jalan Lingkar Selatan, Tamantirto, Kasihan, Bantul, Yogyakarta 55183, Indonesia.

ABSTRACT

The existence of a corporation as the main source of economic development is closely related to the society surrounding it. The corporation as a part of the society has involved in complicated social problems. Corporate Social Responsibility (known as CSR) which was previously carried out based on philanthropy principle has turned into legal responsibility. Therefore, it will be interesting deals with regulation in legal system. Generally, this study is aimed to develop an argumentation as a base of legal formation. The principle of justice, ethics, and moral values serve as philosophical argumentation, while social deviation solution functions as sociological argumentation, and finally various regulations as juridical bases. The principles of laws will be applied as the guidelines to determine the forms and application of CSR. This is a normative legal research in which conceptual approach is applied, and it is conducted through library study which discusses primary, secondary, and tertiary law materials, and other non law materials. The research result will be analyzed prescriptively. The research concludes that (1) the concept of legal responsibility can be applied to CSR; and (2) it will be in the form of a law which regulates CSR specifically.

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Key Words: CSR, philanthropy, corporation

IMPLEMENTASI CORPORATE SOCIAL RESPONSIBILITY (CSR) DI PT. SARI HUSADA LTD DAERAH ISTIMEWA YOGYAKARTA

Wiratmanto

Fakultas Hukum, Universitas Muhammadiyah Yogyakarta, Jalan Lingkar Selatan, Tamantirto, Kasihan, Bantul, Yogyakarta 55183, Indonesia.

ABSTRACT

The implementation of CSR by Indonesia corporations is still based philanthropy principle. Therefore, the form becomes various and incomprehensive. The research is aimed to find out the forms of CSR implemented by Sari Husada Ltd. And its benefit toward Sari Husada Ltd. or Community Development. The study is an empirical law research using qualitative descriptive approach. The research was carried out by analyzing primary data through interview, an observation to find out various interests and expectations of the society toward the

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implementation of CSR by Sari Husada Ltd. In addition, the secondary data was done through library study. The data obtained was then arranged systematically and analyzed qualitatively and descriptively using inductive logic. The finding shows that Sari Husada Ltd. has implemented CSR philanthropically and it is in the form of Com Relations and Com Development. The benefit of CSR for Sari Husada Ltd. comprises (1) the workers have higher loyalty and dedication, (2) the workers working together with the society have higher capability, (3) The corporate has more opportunities to increase practical aids to the society, (4) improve the roles of local community, and (5) improve the corporate image as its workers become the ambassador. On the other hand, the implementation of CSR related to Community Development has not given maximum advantages.

Key Words: CSR, Philanthropy, Corporate

EKSISTENSI DAN EFEKTIVITAS LEMBAGA OMBUDSMAN DAERAH (LOD) DALAM RANGKA TERCAPAINYA GOOD GOVERNANCE DI PROVINSI DAERAH ISTIMEWA YOGYAKARTA

Septi Nurwijayanti

Fakultas Hukum, Universitas Muhammadiyah Yogyakarta, Jalan Lingkar Selatan, Tamantirto,

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Kasihan, Bantul, Yogyakarta 55183, Indonesia.

ABSTRACT

The motivation to increase the bureaucracy of the government in the local government is not only carried out internally, but several efforts addressing the external aspect is also conducted as a part of the society’s concern in promoting a bureaucracy which is humanistic, efficient, accountable and respecting the human right. This concern is reflected in the institutionalization of the DIY ombudsman, which is also a part of the society’s effort to promote changes. The establishment of this institution is very strategic, particularly when it is dealing with the condition that the civil society is often unaware of their rights as the costumers of the public service. Besides, the local government has not been able to address the rights appropriately. Hence, the institution could function as a media for the civil society to file their complaints and aspiration to the executives. In addition, the institution could also work independently to protect the right of the civil people from the mal- administrative service conducted by the government officials. Based on the study on data of LOD of DIY, it is identified that LOD is trusted by the society in its efforts to build the good governance, although, on the other hand, not many people ever heard about this institution. In contrast, the government officials consider that the existence of LOD of DIY threaten their future career.

Key Words: Effectiveness, Ombudsman, good governance

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PERLINDUNGAN HUKUM BAGI MAFQUD DALAM PEMBAGIAN HARTA WARISAN DI KABUPATEN BANTUL

Endang Heriyani

Fakultas Hukum, Universitas Muhammadiyah Yogyakarta, Jalan Lingkar Selatan, Tamantirto, Kasihan, Bantul, Yogyakarta 55183, Indonesia.

ABSTRACT

The finding showed that the concept of legal protection for mafqud in inheritance distribution can be classified into two, namely (1) when the existence of mafqud as someone who gives inheritance is still unknown, whether he is still alive or not, all property he possessed still belongs to him. After the judge determines that the mafqud has died based on witnesses’ confession and or a notification letter, the property can be given to the heirs. If later it is found out that the mafqud is still alive and his property has been distributed, the heirs can be demanded to return the property. (2) mafqud is regarded live if related to his rights. If the mafqud is the only heir, all the property he has is deposited. If there is another heir, the most beneficial property is separated and belongs to the heir. The implementation of legal protection for

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mafqud in inheritance distribution in Bantul regency is that the inheritance distribution is done when Islamic judicial judge has determined that the mafqud has died based on legal information. Prior to the decision, the judge has considered that the mafqud has left his house, there is no information about him at least for 10 years, and he does not come to the court after three times having invitations from newspapers with three months intervals for each invitation. On the other side, the legal protection for mafqud as an heir is that he still gets the inheritance; however, the mafqud which becomes an heir must be determined by Islamic judicial judge decision. In the implementation, the property belongs to the mafqud is given to his wife and children.

Key Words: legal protection, mafqud, someone who gives inheritance, heir, inheritance.

PERKEMBANGAN DAN PENEGAKAN HAK ASASI MANUSIA (HAM) DI INDONESIA

Bambang Sutiyoso Fakultas Hukum, Universitas Islam Indonesia, Jalan Taman Siswa Nomor 158, Yogyakarta,

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Indonesia.

ABSTRACT

Nowadays, human rights become global issues, and it is impossible to ignore them, including in Indonesia. The concept and implementation of human rights in each country is not the same though the nature and the principle are similar. In this case, there are three concepts and models of human rights implementation in the world which are regarded as the representatives of those three things applied in Western countries, in Communist-Socialist, and Islamic religion. The existence of human rights brings the consequence of obligation, in which those two things are parallel and they cannot be separated. Ignoring one of them will violate the human right itself. In the case of human rights implementation in Indonesia, though there are many serious human rights violations, the human rights development and enforcement show a good progress. It can be proven by the existence of human rights regulation through some legislation and also the establisment of human rights court in order to accomplish many serious human rights violations.

Key Words: Human Rights, Violations, Development and Enforcement.

PERLINDUNGAN HUKUM TERHADAP KONSUMEN DENGAN PENERAPAN PRODUCT LIABILITY

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Sigit Wibowo

Fakultas Hukum Universitas Proklamasi 45 Yogyakarta, Jalan Proklamasi Nomor 1 Babarsari, Depok, Sleman, Yogyakarta, Indonesia.

ABSTRACT

Product liability as responsible of financial lose that was caused by consumption or utilizing some product or interrelated with matter of consumption, product responsibility is purposed as law conception to give protection for the consumer. The producer has the duty of guarantee quality about product that was marketed. Than to producer that cause (consumer) painfull, defective, death, so producer can be prosecute based on act collided law. By application of this product absolute responsibility so producer of the product that be marketed consider be guilty with incidence of consumer's financial lose, except the trade agentable to proof the contrary condition that he financial lose occur can be blamed to him.

Key Words: The Law of Consumer Protection, Product Liability.

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PENGATURAN HAK PENGELOLAAN

Urip Santoso

Fakultas Hukum, Universitas Airlangga, Surabaya, Jalan Dharmawangsa Dalam Selatan Surabaya, Indonesia,

Telp. (031) 5023151-5023252

ABSTRACT

Act Number 5 Year 1960 only mention management, not right of management (Hak Pengelolaan). Right of management only arranged in the form of Regulation of Ministry. Right of management from the beginning come from rights of domination for government land through conversion. A long time, right of management can be happened from government land through application of gifts of rights to Head Body of National Land (Badan Pertanahan Nasional). Right of management can only by passed by a legal body having fundamental duty and its function go together with right of land. Right of management can be used by itself by handle of its right of delivered its use to other party through agreement of land use.

Key Words: Right of Management, Regulation of Ministry, Conversion.

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SAKSI MAHKOTA DAN PERLINDUNGAN HAS ASASI MANUSIA

DALAM PEMBUKTIAN HUKUM PIDANA

Zulfan

Fakultas Hukum, Universitas Malikussaleh Lhokseumawe-Aceh, Kampus Reuleut Muara Batu, Aceh Utara, Indonesia.

Email: [email protected].

Kaharuddin Sulaiman

Program Doktor (S3) Ilmu Hukum Fakultas Hukum Universitas Gadjah Mada, Yogyakarta.

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Email: [email protected].

ABSTRACT

The crown witness in criminal verification, facing a psychical pressure, because implicitly proven the deed that doing by himself. In position as defendant, correct testimony men ace by a crime and cannot disobey or self-defense himself (bind by the oath when be witness). This is gelded human right. A defendant can not be force as witness in the same case or other in similar case in same assertion with himself. This matter based on a principle in procedure of criminal law that a defendant can not be oath because disagreed the constraint to defendant to blame himself (non-self incrimination). Proffering a crown witness under oath is to prove a crime oppose against the procedure of criminal law which respect the human right values. Crown witness which on suspected to be involved with defendant, giving witness encumbering himself, so that can be expressed to interfere with the conscience and sense of justice. En cumbering someone to proving his own mistake represent the action which oppose against the principle of presume of innocent, it means someone can not be forced to confess its deed in an injustice crime. He is free to give the unstressed boldness without constraint from wherever, even from the judge who checks his case.

Key Words: Crown Witness, Human Rights, Criminal Verification.

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