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All Journal Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Ulumuddin : Jurnal Ilmu-ilmu Keislaman Geneologi PAI : Jurnal Ilmiah Bidang Pendidikan Agama Islam Aphorisme: Journal of Arabic Language, Literature, and Education International Journal of Education, Teaching, and Social Sciences Ius Positum: Journal of Journal Of Law Theory And Law Enforcement Yuris: Journal of Court and Justice West Science Law and Human Rights West Science Interdisciplinary Studies Jurnal Pendidikan Agama Islam Jurnal Multidisipliner Kapalamada West Science Social and Humanities Studies ACADEMOS Jurnal Hukum dan Tatanan Sosial
Ngaisah, Siti
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Religion Agriculture, Biological Sciences & Forestry Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Journal : Yuris: Journal of Court and Justice

 1 
LEGAL PROTECTION FOR GRABFOOD DRIVERS AGAINST FICTITIOUS ORDERS AS DEFAULT ACTIONS: A CIVIL LAW PERSPECTIVE Ngaisah, Siti; Setiawan, Andi
YURIS: Journal of Court and Justice Vol. 1 Issue 3 (2022)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (744.321 KB) | DOI: 10.56943/jcj.v1i3.149

Abstract

The business world in Indonesia is growing rapidly along with the technology development, especially for the business that uses technology as a medium. One example is Grab application which provides GrabFood feature where all activities are conducted online including the payment method. However, with the financing through cash, there is one consequence of GrabFood transaction resulting in fictitious order which can be described as an act of default. In this research, the authors discuss the legality of GrabFood online transactions in terms of positive law in Indonesia and the regulation of legal protection for Grabfood drivers against fictitious orders in civil law as a harmed party due to default. In this research, the authors use Juridical-Normative Research method that the legal materials obtained are sourced from secondary legal materials, statutory approach and case approach. This research is using a descriptive analytical specification in answering the research problem. Based on the research result, PT. Grab Indonesia does not have repressive legal protection against the occurrence of fictitious orders which can be used as an action to provide legal protection to drivers who receive fictitious orders, and provide full compensation to Grab drivers who receive fictitious orders.
THE AGE DISPENSATION FOR MARRIAGE IN SIDOARJO RELIGIOUS COURT: RESEARCH ON 2022 Priseliya, Khalifa; Ngaisah, Siti
YURIS: Journal of Court and Justice Vol. 2 Issue 2 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i2.365

Abstract

Underage marriage is still prevalent in society. According to the Central Bureau of Statistics in 2017, 25.71% of women aged 20-24 were married when they were less than 18 years old. It means that about 1 out of 4 Indonesian women married at a child's age. The Marriage Law restricts the minimum age for citizens to marry from 21 years old, for both men and women. However, the Marriage Law allows men under 19 years old and women under 16 years old to marry, as long as they receive dispensation from the Religious Court. Therefore, this research is conducted to find out the legal regulation of marriage age dispensation according to Law No. 1/1974 and Law No. 16/2019; and to analyse the actual amount of research on marriage age dispensation at the Sidoarjo Religious Court in 2022. The type of research used is empirical combined with a sociological legal approach which legal sources are obtained from data observation and interviews at the Sidoarjo Religious Court. The amendment in Law No. 16/2019 on the amendment of Law No. 1/1974 on marriage does not provide any change to overcome the surge in marriage dispensation for underage children as happened in the Sidoarjo Religious Court. There are many factors that cause them to apply for marriage dispensation, such as being pregnant out of wedlock with an old womb, the economy, tradition, and a lack of religious understanding.
CIVIL LAW ASPECTS OF INFRINGEMENT ON TWO-DIMENSIONAL ART COPYRIGHT WORKS MADE INTO NON-FUNGIBLE TOKENS (NFT) Ngaisah, Siti; Keni, Grefitha Yasanova
YURIS: Journal of Court and Justice Vol. 3 Issue 3 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i3.578

Abstract

NFTs, or Non-Fungible Tokens, are digital assets referring to objects, such as art, music, in-game items, videos, and any other type of work represented in digital form. Two-dimensional artworks, including paintings, drawings, and sculptures, gain legal protection as copyrighted works. The use of NFTs is identified as a potential tool in preventing copyright infringement, verifying authenticity, and providing legal certainty for owners and buyers of digital artworks. This research aims to identify the regulation and protection of copyright for two-dimensional artworks in the context of the use of Non-Fungible Tokens (NFTs) under Law No. 28/2014 on Copyright (UUHC). Through normative research with a statutory approach, this research aims to examine the regulation of copyright infringement of two-dimensional artworks embodied in NFTs and comprehend the legal aspects related to their infringement. The research findings indicate that, although NFTs offer a mechanism to strengthen proof of ownership and authenticity, there remains a lack of effective legal and policy frameworks to protect copyright and support the growth of the digital art industry. The findings underscore the importance of concerted efforts in strengthening copyright protection in the digital age and raising public awareness on the significance of respecting and abiding by copyrighted artworks.
THE JURIDICAL REVIEW OF PROPERTY STATUS OVER THE ASSETS OF AN INDIVIDUAL CORPORATION UNDER POSITIVE LAW AND ITS’ IMPACT ON THE INDONESIAN ECONOMY Kusumadjaja, Brilianto Putra; Ngaisah, Siti
YURIS: Journal of Court and Justice Vol. 4 Issue 1 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i1.761

Abstract

The Indonesian government has been actively facilitating business operations for both domestic and foreign entrepreneurs, as evidenced by the enactment of Law No. 6/2023, which amends the previous Job Creation Law (Law No. 2/2022) to enhance the business environment in Indonesia. Despite the positive intentions behind the Job Creation Law, there exists a vagueness in the norms regarding property rights for individual companies. This uncertainty has led to confusion among business actors and government officials, particularly concerning the issuance of land rights certificates. The primary aim of this research is to analyze and compare the impact of individual companies, as introduced by the Job Creation Law, on Indonesia's economy. The study seeks to clarify the legal position of property rights over individual company assets and their implications for the national economy. This research employs a normative juridical legal research methodology, utilizing a statutory approach and a conceptual approach. The authors examine relevant laws, regulations, literature, and articles to understand the legal framework surrounding property rights and their economic impact. The findings indicate that individual companies, as part of the Job Creation Law, have a positive influence on Indonesia's national economy. The contribution of micro and small enterprises (MSEs) to the Gross Domestic Product (GDP) has been significant, with their share increasing over the years, demonstrating their vital role in economic stability and growth.
PROBLEMS IN THE IMPLEMENTATION OF COMPLETE SYSTEMATIC LAND REGISTRATION (PTSL) IN JOMBANG REGENCY Permanasari, Lolita; Ngaisah, Siti
YURIS: Journal of Court and Justice Vol. 4 Issue 3 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i3.782

Abstract

Land registration is a critical government activity aimed at recording and maintaining physical and juridical data for land parcels, ensuring legal certainty for land rights holders. In Jombang Regency, despite 76.7% of 592,744 land parcels being titled, 100% titling has not been achieved. The government introduced the Complete Systematic Land Registration (PTSL) program, facilitated by Ministerial Regulations, to accelerate this process and provide legal certainty. However, the implementation of PTSL in Jombang Regency faces significant challenges, making it an important area for study. This research aims to analyze the implementation of the PTSL program in Jombang Regency, focusing on the challenges faced and the obstacles affecting its effectiveness in achieving legal certainty and reducing land disputes. This research uses an empirical juridical approach with a sociological juridical focus, drawing on primary data from interviews with the Jombang Regency Land Office and secondary data from laws and regulations related to land registration and PTSL, including Law No. 5/1960 and various government and ministerial regulations. This research revealed several technical constraints impacting PTSL implementation in Jombang Regency. These include a lack of human resources, limited timeframes for completion, insufficient public awareness regarding administrative requirements, and challenges in socialization and counseling. Further obstacles involve difficulties in retrieving and collecting juridical data, issues with physical data measurement due to terrain, and problems with certificate submission. Additionally, legal issues, particularly those related to inheritance and lost proof of ownership (Letter C), significantly impede the process.
Co-Authors Ahmad Lugowi, Rifyal Andi Setiawan Bagus Ananda Kurniawan, Bagus Ananda Budi Endarto Darmanto Darmanto Dewi, Ekka Zahra Puspita Dina Indriana Galih Putri Sudarsono Gusti Eka Yuliastuti Habibi, Miftakhur Rokhman Haryono Haryono Hira, Salma Ilzamuddin, Ilzamuddin Imroatun Imroatun Ina Salmah Febriani Ismail Ismail Kama Waduereh, Mustafa Keni, Grefitha Yasanova Kusumadjaja, Brilianto Putra Mufidah, Nuruz Zakiyatul Muhajir Muhajir, Muhajir Muinudin Muliawan, Anugrah Adi Muthmainnah Muthmainnah Nanik Setyowati Permanasari, Lolita Prayogi, Yoga Adi Priseliya, Khalifa Putra, Wahyu Hanafi Rafli, La Ode Rahmawati, Diah Ayu Ramadani, Dede Riska Rijadi, Prof. Dr. Prasetijo Sani, Alfrida Mutiara Sanusi, Ruchan Siti Patimah Ubaidillah Ubaidillah Vera Rimbawani Sushanty Wasehudin Widoyoko, Wredha Danang