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Sigit Sapto Nugroho
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Yustisia Merdeka : Jurnal Ilmiah Hukum
Published by Universitas Merdeka Madiun
ISSN : 24078778     EISSN : 25800019     DOI : 10.33319
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal YUSTISIA MERDEKA diterbitkan oleh Fakultas Hukum Universitas Merdeka Madiun, terbit per satu semester (dua nomor dalam setahun) Pada bulan Maret dan September. Memuat naskah hasil penelitian, kanjian konseptual, analisis kritis di bidang hukum, konstiusi dan isu-isu ketatanegaraan, dengan manfaat dan tujuan bagi perkembangan Ilmu Hukum, dengan mengedepankan sifat orisinalitas, kekhususan dan kemutakhiran artikel pada setiap terbitannya. Tujuan dari publikasi Jurnal ini adalah untuk memberikan ruang mempublikasikan pemikiran hasil penelitian orisinal, para akademisi yaitu mahasiswa maupun dosen yang belum pernah dipublikasikan pada media lainnya.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 184 Documents
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Analisis Kepemimpinan, Disiplin Kerja, Pengawasan Dan Pengaruhnya Terhadap Kinerja Aparatur Sipil Negara Pada Badan Kepegawaian Kota Mojokerto Ahadiati Rohmatiah; Novellita Sicillia Anggraini
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 5 No. 1 (2019): JURNAL YUSTISIA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v5i1.23

Abstract

The purpose of this study were (1) To test / analyze the influence in partial leadership, work discipline and supervision of the State Civil Apparatus performance Mojokerto; (2) To examine / analyze the influence of variables simultaneously leadership, work discipline and supervision of the State Civil Apparatus performance Mojokerto; and (3) To examine / analyze the dominant influence on the performance of the State Civil Administrative Personnel Board Mojokerto.Respondents in this study is the State Civil Apparatus (ASN) Employment Board Mojokerto totaling 89 people. Data collection techniques in this study using questionnaires and documentation. While the data analysis technique using multiple linear regression analysis.The findings showed that (1) partially no effect Significant variables of leadership, work discipline and supervision of the Administrative Performance at the State Civil Personnel Board Mojokerto; (2) simultaneously was no significant effect of leadership variable, work discipline and supervision of the Civil Administrative Performance at the State Personnel Board Mojokerto and (3) Variable leadership dominant influence on the performance in the State Civil Administrative Personnel Board Mojokerto.
HUKUM TANAH: Konstruksi Hukum Penyelesaian Sengketa Gadai Tanah Berbasis Hukum Adat Di Kabupaten Ngawi Sigit Sapto Nugroho; Moch Juli Pudjiono; Muhammad Tohari
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 5 No. 1 (2019): JURNAL YUSTISIA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v5i1.24

Abstract

The specific purpose of this study is to describe why people (people) in Ngawi Regency still do a lot of land pawning and to find the concept of construction of customary law based pawn dispute settlement law. This study uses empirical legal research methods, namely a legal research method that seeks to see the law in a real sense or, examine how the law works in society. Research location in Ngawi Regency.The results of the study show that why people do land pawning because some people need money in an easy and uncomplicated way due to economic needs, capital requirements for businesses, hospital expenses, education costs, marriage costs and other needs . Land pawning is carried out according to customary law based on mutual trust and enthusiasm to help between relatives, neighbors and the community. The concept of legal construction as an effort to resolve land pawn disputes can be carried out in two ways, namely non-ligation, namely through deliberation and consensus through negotiations between the parties or involving mediators namely Village Heads or community leaders who are considered capable of resolving. The second method is the way of litigation through a lawsuit in the District Court, which is the last way to get justice.
Perlindungan Hukum Terhadap Tenaga Kerja Wanita (Studi di Kabupaten Magetan) Tatik Mulyati
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 5 No. 1 (2019): JURNAL YUSTISIA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v5i1.26

Abstract

Protection of Indonesian workers abroad is an integral part of protecting citizens as a state obligation. Nonetheless, the government still does not provide maximum protection to migrant workers who work abroad, especially those who experience torture and violence. This study aims to look at the juridical study of the protection of the rights of woman migrant workers abroad. This study is a literature study that is qualitative descriptive. Data collection through documentation. Meanwhile, the data analysis technique used is content analysis. The results of the study show that the existence of several laws and regulations such as Undang-Undang No.18 Year 2017 concerning the Protection of Indonesian Migrant Workers along with their derivative rules is a juridical basis for woman workers who work abroad have provided a legal protection for Indonesian workers abroad.
Perlindungan Hukum Dan Faktor Penghambat Pengurusan Hak Cipta Batik Tulis Di Kota Kediri Zainal Arifin; Mochammad Wachid Hasyim
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 5 No. 2 (2019): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v5i2.28

Abstract

The works of Handmade batik in the City of Kediri are original works of the archipelago. Traditional handmade batik in the City of Kediri who are members of five groups of artisans who have been working, no one has a certificate of intellectual property rights in the form of a copyright certificate from the Ministry of Justice of the Republic of Indonesia. The research questions are: 1. How is the legal protection of handmade batik implemented in Kota Kediri? 2. What are the efforts of the City Government of Kediri in helping batik artisans to obtain batik art copyright certificates in Kediri City? 3. What are the inhibiting factors for batik copyright registration in Kediri City ?. This study uses juridical empirical methods by interviewing informants and field observations. The results are found to be several inhibiting factors why craftsmen do not have written batik copyright certificates, namely internal factors and external factors.
Unsur Melawan Hukum Sebagai Suatu Sarana Dalam Delik Pasal 2 Ayat (1) UU Nomor 31 Tahun 1999 Tentang Tipikor Muhammad Ridwan Lubis; Halimatul Maryani; Cut Nurita
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 5 No. 1 (2019): JURNAL YUSTISIA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v5i1.29

Abstract

In all of the regulations, unless the Act No. 24 / Prp / 1960, the definition of 'unlawful' means has a broad meaning, namely in terms of formal (formele wederrechtelijkheid) and in terms of material (materiele wederrechtelijkheid), without distinguishing function is positive or negative function. This can be seen in the general explanation of these various regulations, as well as according to general explanations PTPK the existing laws in addition to an explanation related to Article 2 paragraph (1), as disampaikansebelumnya.Dalam its development in the future, the interpretation of "lawful" in the sense of material with positive function, which expanded the scope of the formulation of the offense, questioned and denied. In the Decision of the Constitutional Court (MK) No. 003 / PUU-IV / 2006 dated July 25, 2006, The Court considered that the explanation of Article 2 (1) it is contrary to the 1945 Constitution, because it creates legal uncertainty. The Court held that Article 28 D of paragraph (1) to protect the constitutional rights of citizens to obtain insurance and legal protection in criminal law certainly is translated as the principle of legality. This principle requires that the formulation of an action, so it can be regarded as a criminal offense, shall be set forth in the written rules beforehand. The Court then stated that the interpretation of the meaning of 'unlawfully' in the explanation of Article 2 (1) was not legally binding. Since then, comes back the difference of perception between the law enforcement agencies in understanding the interpretation of the element of "lawful" in the sense of material as described above, so the application of Article 2 (1) that would lead to legal uncertainty and injustice. Although this provision is widely used, the interpretation of the element of "lawful" in the practice of handling corruption cases in court Corruption (corruption) turned out to show their inconsistency.
Kajian Normatif Tentang Tindak Pidana Pencemaran Nama Baik Di Dunia Maya Yasmirah Mandasari Saragih; Muhammad Ridwan Lubis
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 5 No. 1 (2019): JURNAL YUSTISIA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v5i1.30

Abstract

The purpose of this study was to determine how the validity or legal domicile Electronic Information and Electronic Documents as evidence in the criminal act of defamation in cyberspace as well as to determine the application of the law on criminal acts of defamation in cyberspace. By using the method of normative legal research, it can be concluded that: 1. In the event of the power and value of the evidence, the evidence provided for in Article 184 Criminal Procedure Code, which is the strength of evidence of electronic evidence is free (volledig bewijskracht) and is not binding or specify ( beslissende bewijskracht). Probative value of all evidence based on the judge's assessment. Setting electronic evidence in UU ITE regulated in Chapter III of Information, Document and Electronic Signature, as well as Article 44 of Law ITE. Article 5 (1) of the EIT set explicitly that information or electronic documents and / or printouts are valid evidence. Furthermore, Article 5 (2) states that "Electronic Information and / or Electronic Document and / or printout ... an extension of the valid evidence in accordance with the Law of Procedure applicable in Indonesia". This provision confirms that electronic evidence has been received in evidence in the Indonesian legal system. However, the emphasis of this section is setting elektronlk evidence in the Criminal Procedure Law in Indonesia. 2. For the application of the law, especially criminal sanctions against perpetrators of defamation in cyberspace (cyber), which is where the application of this law in the review of the Penal Code and the Law on ITE. Application of the law on criminal defamation baikinimenggunakan principle of Lex specialist derogat legi generali is where setting defamation in cyberspace regulated in Article 27 paragraph (3) and Article 45 of Law ITE is "Lex specialists" of Article 310 of the Criminal Code that is "Lex generali "which makes synergy relationship rules of law on defamation cases. Defamation cases conducted by Prita Mulyasari in cyberspace since the enactment of new EIT Law became part of the reference. Application of criminal sanctions alone unspecified and may be subject to penalties of imprisonment and fined.
Dampak Perkawinan Yang Tidak Dicatat Sarjiyati Sarjiyati; Yuni Purwati
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 5 No. 2 (2019): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v5i2.33

Abstract

Marriage is a very important event in community life. Because marriage does not only concern the bride and groom, but also the parents of both parties, relatives and their families. The purpose of marriage is to form a happy and eternal family. The method used in this community service activity is legal counseling and discussion about not to noted marriages. From the discussion conducted it can be concluded that. The legal status of marriage that is not to noted under the marriage law is illegal or has no legal force. The legal status of a child born from a marriage that is not to noted has a civil relationship with his mother, this has the consequence that the child born of marriage is not to noted the country of the child does not have a civil relationship with his father. But after the decision of the Constitutional Court Number 46 / PUU-VIII / 2010 in which the child can also have a civil relationship with his father as long as it can be proven by technological tools such as DNA testing.
Kajian Yuridis Dasar Hukum Jaksa Penuntut Umum Melakukan Upaya Hukum Kasasi Terhadap Putusan Bebas (Vrijspraak) Dalam Sistem Peradilan Pidana Indonesia Heru Drajat Sulistyo
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 5 No. 2 (2019): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v5i2.34

Abstract

This study discusses theoretically normative about the appeal made by the Public Prosecutor on the verdict free (vrijspraak) in the Indonesian Criminal Justice System intended to find solutions to the juridical problems arising from the acquittal. The problem in this study, namely: What is the legal basis for the Public Prosecutor to conduct an appeal against the verdict (vrijspraak). The research method used is a normative legal research method and uses secondary data types, including primary legal materials, secondary legal materials and tertiary legal materials collected through library studies, print media, electronic media. The results of the research study, namely: the legal basis of the Public Prosecutor conducting an appeal against the verdict (vrijspraak) is the Decree of the Minister of Justice of the Republic of Indonesia Number M.14-PW.07.03 of 1983 dated December 10, 1983 concerning Supplementary Guidelines for the Implementation of the Criminal Procedure Code (item 19) . Then the Supreme Court Decree Reg. no: 275 K / Pid / 1983 in the Raden Sonson Natalegawa case was the first decision to be born as jurisprudence for a free verdict after the entry into force of the Criminal Procedure Code. Furthermore, the Constitutional Court Decision Number 114 / PUU-X / 2012 dated March 28, 2013. The existence of the Constitutional Court Decision Number 114 / PUU-X / 2012 dated March 28, 2013, the public must accept the Public Prosecutor is contested with legal action to appeal against the acquittal (vrijspraak).
Analisis Transaksi Terapeutik Sebagai Sarana Perlindungan Hukum Bagi Pasien Anggraeni Endah Kusumaningrum
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 5 No. 2 (2019): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v5i2.35

Abstract

This paper aims to know and analyze therapeutic transactions as a means of legal protection for patients. Therapeutic transactions are agreements between physicians and patients who authorize the physician to perform activities to provide health services to patients based on the skills and skills possessed by the doctor. The legal relationship in such therapeutic transactions creates rights and obligations that must be obeyed and implemented by each party. This research uses normative juridical approach method with primary data source is secondary data supported by primary data. Primary data is obtained directly through interviews and secondary data in the form of legal materials, both primary, secondary and tertiary which will be analyzed qualitatively through data collecting, data reduction, data presentation and verification of data or conclusions. The results obtained that therapeutic transactions position physicians and patients, on the same relationship with the hope of providing legal protection for the parties, but in fact the norms have not been able to provide legal protection. That happens because there is no arrangement of the implementation of the transaction therapeutic consistently.
Kewenangan Dokter Spesialis Dalam Melakukan Tindakan Medis Di Klinik Utama Rawat Inap Ns Pamuji; M Khoirul Huda
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 5 No. 2 (2019): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v5i2.37

Abstract

Every citizens have the same right to access the health service in the form of promotive, preventive, curative, and rehabilitative which facilities are held by the government, the local government, and the society including the primary clinic. A specialist doctor in the inpatient primary clinic has atributive, mandatory, and delegative authority based on the education standard, competency, profesional standard, and operational procedure standard. The primary clinic can conduct the mild and moderate surgery with general anesthesia. However, there is a contradiction between two regulations that later limits the authority of the specialist doctor and the anesthesia doctor to conduct the surgery.  A specialist doctor in carrying out their authority should consider the operational standard, informed consent, ethical code, and the hospital by law.  Along with the authority, the doctor also has a huge responsibility to treat the patients based on the procedure both legally and ethically as detemined. The previous regulation, Health Ministry Regulation of the Republic of Indonesia article 9 year 2014 about clinic, has not enacted firmly about the specialist doctor’s authority in the inpatient primary clinic. The specialist doctors have legal responsibility, profesional responsibility, ethical and discipline responsibility, criminal law responsibility, civil law responsibility, and administrative law responsibility Therefore, we recommend to conduct a judicial review on Health Ministry Regulation of the Republic of Indonesia article 9 year 2014 about the specialist doctor’s authority.

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