Article Per Year (5 Year)
p-Index From 2020 - 2025
3.561
P-Index
This Author published in this journals
All Journal Masalah-Masalah Hukum LAW REFORM Jurnal Hukum Progresif Diponegoro Law Journal Pandecta JURNAL LITIGASI (e-Journal) Diponegoro Law Review Lex Scientia Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum JURNAL PEMBANGUNAN HUKUM INDONESIA Jurnal Agro Dedikasi Masyarakat (JADM) Yuridika Journal Of Sustainability Perspectives Jurnal Hukum dan Peradilan Journal of Sustainability Perspectives
Yos Johan Utama
Fakultas Hukum, Universitas Diponegoro
Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Economics, Econometrics & Finance Education Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

Published : 23 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 23 Documents
Search

 1   2   3 
Juridical Interpretation of Non-Fully Executable Judgments in The Administrative Court Kusman; Hambali; Utama, Yos Johan; Alw, Lita Tyesta
Jurnal Hukum dan Peradilan Vol 14 No 1 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.1.2025.221-250

Abstract

Judgments that cannot be fully executed are frequently encountered in civil service disputes. Rehabilitation obligations are often hindered by changes in circumstances, which have consequently given rise to the notion of compensation. Determining compensation amounts also faces challenges, particularly due to tensions between legal norms and practical realities. This study pursues two main objectives: first, to examine the criteria that characterize judgments that cannot be fully executed, and second, to describe the implementation of compensation as a substitute mechanism in such cases. The research adopts a normative legal methodology utilizing statutory and conceptual approaches. The findings lead to two primary conclusions: first, judgments that cannot be fully executed are identified in cases where rehabilitation obligations in civil service disputes face specific obstacles, including (1) the plaintiff’s legal status no longer qualifying them to return to their former position; (2) the plaintiff’s position having been filled by another person; and (3) changes in the organizational structure. Second, the implementation of compensation is based on actual losses suffered by the plaintiff resulting from a State Administrative Decision that was declared invalid by the court. The amount of compensation is determined through an agreement between the plaintiff and the defendant. If such an agreement cannot be reached, the chief judge of the administrative court is authorized to determine a fair amount of compensation in accordance with the principles of propriety and reasonableness. The study highlights the need for procedural reform to address the gap between legal provisions and their practical application in executing administrative court judgments.
URGENSI KEBIJAKAN KRIMINALISASI PENELANTARAN IZIN USAHA PERTAMBANGAN BATUBARA OLEH KORPORASI Simangunsong, Gusfen Alextron; Utama, Yos Johan; Rozah, Umi
LITIGASI Vol. 25 No. 2 (2024)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v25i2.18666

Abstract

Development in the mining sector is an integral part of national development which aims to support industrialization programs to provide domestic raw materials and increase state revenues from foreign exchange and open up the widest possible employment opportunities in order to improve welfare. The implementation of mining business activities must begin with the ownership of a Mining Business License granted to business entities, cooperatives and individuals. The conditions that occur in reality record that there are not a few cases of illegal mining that cost the State around 38 trillion per year. It was recorded in 2021 that there were 2,741 unlicensed mining locations spread across 29 provinces in Indonesia. Of these points, there are 2,645 mineral and coal commodities and 96 coal commodity locations. Given the importance of the mining sector, the government positions the mining sector as the livelihood of many people. As mandated by the Constitution Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. Law enforcement of the obligations of Coal Mining Business License holders has not been effective, seen from the five factors that have been fulfilled, namely the legal factors themselves, facility factors, law enforcement factors, legal awareness factors, and legal culture factors have not been able to be optimally implemented as they should. Criminalization of abandonment of Coal Mining Business License by corporations is very important (urgent), where administrative sanctions provided by the Government related to corporations that do not carry out the obligation to submit RKAB are...
An Analysis of Justice in Tapera Based on the Perspective of Jurgen Habermas' Critical Theory and John Rawls' Theory of Justice Firdaus, Kusuma; Utama, Yos Johan; Putrijanti, Aju
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5062

Abstract

Government Regulation Number 21 of 2024 was designed and issued to help Indonesian people who need financial support to own their first home. However, a few days after the regulation was enacted, the People's Housing Savings (Tapera) policy drew criticism from the public. This program is considered to burden low-income workers and is not fair enough for people from the middle to upper income group. This research aims to apply both theories, namely Jurgen Habermas's Critical Theory and John Rawls' Theory of Justice in the context of the Tapera Program.This research is a normative legal research using a statute approach. Data collection was carried out through literature studies of various legal sources and journals about Tapera.  The results of the study show that based on the perspective of Jurgen Habermas's Critical Theory and John Rawls' Theory of Justice, he emphasizes the importance of transparency, active participation, and protection of individual rights in the implementation of Tapera's policies. Based on Habermas' perspective, an inclusive public space is needed to ensure the participation of all parties in discussions and decision-making related to Tapera, with the aim of achieving social justice through rational communication. Meanwhile, Rawls' theory of justice emphasizes equal access to basic opportunities and a fair distribution of benefits for Tapera participants, regardless of social or economic status. The evaluation of Tapera's policies needs to consider these aspects to ensure justice in accordance with the social and democratic principles advocated by these two theories.
Co-Authors Abduh, Setya Budi M Aju Putrijanti Aju Putrijanti Aju Putrijanti Albaari, Ahmad N Ambariyanto , Antonius Hintono ary yunanto Brata Yoga Lumbanraja Denny Nugroho Sugianto Dessy Ariyanti Eko Suprihanto Firdaus, Kusuma Garunja, Evis Hambali Handayani, Elinna Putri Hanum, Willy Naresta Hapsari, Farida Diyah Hastono, Broto Hermin Werdiningsih Irma Cahyaningtyas Kusman Lismanto Lismanto Lita Tyesta ALW Lumbanraja, Brata Yoga Maharani, Arnetta D Pratama Herry Herlambang Pratama Herry Herlambang Prayogo, Silvan Susanto Ristyawati, Aprista Setia Untung Arimuladi Simangunsong, Gusfen Alextron Sri Mulyani Teddy Asmara Umi Rozah Wardhani, Lita Tyesta Addy Listya Yoyok Budi Pramono Yulius Yulius