Yustisia Merdeka : Jurnal Ilmiah Hukum
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.
Articles
184 Documents
<![CDATA[Peran Dan Hambatan Satuan Polisi Pamong Praja Kota Madiun Dalam Mengendalikan Peredaran Minuman Beralkohol ]]>
<![CDATA[Krista Yitawati]]>;
<![CDATA[Meirza Aulia Chairani]]>;
<![CDATA[Bambang Sukarjono]]>;
<![CDATA[Abednego Aprillino]]>
<![CDATA[ YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 10 No. 1 (2024): JURNAL YUSTISIA MERDEKA ]]>
Publisher : <![CDATA[Universitas Merdeka Madiun ]]>
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DOI: 10.33319/yume.v10i1.263
<![CDATA[This study aims to determine the role, obstacles and efforts of the Madiun City Pamong Praja Police Unit in carrying out the enforcement of local regulations related to the circulation of alcoholic beverages. This research uses the Empirical Legal Research Method, with primary data sources from interviews and observations at the Civil Service Police Unit and one of the cafes that sells alcoholic beverages in Madiun, as well as secondary data sources, namely Regional Regulation No. 8 of 2017 concerning Control of Alcoholic Beverage Distribution and Retribution for Alcoholic Beverage Sales Location Permits. SatpolPP Madiun City plays a role in carrying out the enforcement of local regulations related to the distribution of alcoholic beverages in Madiun City by carrying out routine operations together with the Madiun City Police with the Criminal Investigation Sub-field which is approximately ten to fifteen operations every month based on the budget that has been approved by the DPRD. The obstacles faced are sourced from within the institution's own organisation or Internal and sourced from outside the organisation or External. Satpol PP Madiun City makes several efforts in various ways, including Satpol PP is required to work with what infrastructure has been provided, Satpol PP tries to carry out its work duties according to the applicable SOP, on call when suddenly required to carry out its work duties.]]>
<![CDATA[Penegakan Hukum Terhadap Pendirian Bangunan Dikawasan Daerah Aliran Sungai (Das) (Studi Di Kecamatan Dolopo Kabupaten Madiun Jawa Timur) ]]>
<![CDATA[Heru Kuswanto]]>;
<![CDATA[Sigit Sapto Nugroho]]>;
<![CDATA[Sarbini]]>
<![CDATA[ YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 10 No. 1 (2024): JURNAL YUSTISIA MERDEKA ]]>
Publisher : <![CDATA[Universitas Merdeka Madiun ]]>
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DOI: 10.33319/yume.v10i1.265
<![CDATA[Abstract— The purpose of this study was to determine law enforcement against the construction of buildings in the Watershed area of Dolopo District, Madiun Regency and find out the settlement of the construction of buildings that violate the watershed area. The type of research used is empirical research with a qualitative approach based on primary data, namely observation, interviews and document studies. Secondary data are social facts referenced from books, research results and scientific journals. And analyzed using descriptive research methods, that researchers in analyzing wish to provide an overview or description or subject and research object as the results of the research he did. Based on the results of the research, it shows that law enforcement against the construction of buildings in the watershed area, it is better for the community to obtain permits (IMB) to construct buildings in the river basin and the government is expected to be more intensive in conducting outreach and site surveys in the watershed area to the fullest so that the community is aware and no longer constructing buildings in the watershed area.]]>
<![CDATA[The Role of Imposing Rehabilitation as a Measure for Child Drug Offenses ]]>
<![CDATA[Irabiah]]>;
<![CDATA[Muhammad As Ari AM]]>;
<![CDATA[Anis Ribcalia Septiana]]>;
<![CDATA[Siti Rahmadanti]]>
<![CDATA[ YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 10 No. 2 (2024): JURNAL YUSTISIA MERDEKA ]]>
Publisher : <![CDATA[Universitas Merdeka Madiun ]]>
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DOI: 10.33319/yume.v10i2.266
<![CDATA[Introduction to the Problem: The importance of rehabilitation in treating addiction among narcotics addicts is crucial to reduce the number of child addicts. However, in practice, there is still an increase in narcotics addiction among children and teenagers. The efficacy of rehabilitation in treating those afflicted by narcotics is crucial, given the inherent challenge faced by victims or users of narcotics in overcoming their dependence on these substances independently. Purpose/Study Objectives: The objective of this research is to understand the fulfillment of children's rights to be protected as offenders of drug misuse, namely their right to avoid detention unless absolutely necessary, which has not been achieved. The purpose of diversion efforts is to protect adolescents involved in drug misuse by preventing their transition from the formal criminal justice system to the informal criminal justice system. Approach research: This research uses a qualitative approach, enabling the researcher to gain an in-depth understanding of how children's rights are fulfilled in the context of narcotics rehabilitation and how the diversion system is applied. This method also allows the researcher to understand the perspectives of stakeholders, such as law enforcement officials, social workers, and the families of children or teenagers involved in drug misuse. Findings: Additional safeguards encompass the oversight, preemptive measures, therapeutic interventions, and reintegration efforts for youngsters engaged in substance misuse. The process of determining rehabilitation as a sanction for perpetrators of narcotics abuse follows the guidelines for granting a determination by a judge to a suspect or accused of narcotics abuse. This determination is made based on a request from National Narcotics Board and investigators, who recommend that victims of narcotics abuse undergo rehabilitation. Paper Type: Research Article]]>
<![CDATA[Implementation of Guidance for Prisoners of Motorcycle Theft in Class I Medaeng Surabaya Correctional Facility ]]>
<![CDATA[Yeremia Novianto]]>;
<![CDATA[Yana Indawati]]>
<![CDATA[ YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 10 No. 2 (2024): JURNAL YUSTISIA MERDEKA ]]>
Publisher : <![CDATA[Universitas Merdeka Madiun ]]>
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DOI: 10.33319/yume.v10i2.267
<![CDATA[Abstract Introduction to the Problem: It can be seen that Crime Clearance (CC) or the number of criminal offenses resolved is smaller than Crime Total (CT) or the total number of criminal offenses that occurred, so it can be concluded that the level of crime has increased quite drastically from 2021 to 2022. Purpose/Study Objectives: This research was conducted to find out how coaching is carried out for convicts of motorcycle theft at the Medaeng Surabaya Class I Detention Center. Design/Methodology/Approach: This research is an empirical research where the analysis is carried out based on data and facts obtained from interviews and field observations regarding a legal event, in this case coaching as well as obstacles and efforts made at the Medaeng Surabaya Class I Detention Center. Findings: The coaching carried out at the Medaeng Surabaya Class I Correctional Institution is less than optimal, but the handling is in accordance with Law No. 12 of 1995 concerning Corrections, the implementation of which is regulated by Government Regulation No. 31 of 1999 concerning the Guidance and Guidance of Prisoners. Class I Medaeng Surabaya Correctional Institution officers have made repressive and preventive efforts including the application of disciplinary sanctions, improving the quality of officers, improving the quality of facilities and infrastructure and improving the quality of cooperation with other agencies. Paper Type: Research Article Keywords: Coaching; Theft; Motorcycle]]>
<![CDATA[Implementation of Health Insurance System in Independent Practice Midwives (Bpm) in the Framework of Maternal and Child Health According to Law Number 40 Year 2004 (Study in Surabaya City) ]]>
<![CDATA[Diana Rahima]]>;
<![CDATA[Mas Anienda Tien Fitria]]>
<![CDATA[ YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 10 No. 2 (2024): JURNAL YUSTISIA MERDEKA ]]>
Publisher : <![CDATA[Universitas Merdeka Madiun ]]>
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DOI: 10.33319/yume.v10i2.270
<![CDATA[Abstract Introduction to the Problem: Health is a basic right guaranteed by the Indonesian constitution. The government, through BPJS Kesehatan, seeks to provide access to health services for all, including mothers and children. However, Independent Practitioner Midwives (BPM) often face obstacles in cooperation with BPJS. Purpose/Study Objectives: This study examines the implementation and constraints of the BPM health insurance system according to Law No. 40 of 2004. Design/Methodology/Approach: Primary data was obtained through observation and interviews with independent practicing midwives (BPM) in Surabaya. Secondary data came from legislation and legal literature. The analysis is done qualitatively by integrating empirical data and literature study to get a systematic conclusion. Findings: The health insurance system in independent midwives (BPM) provides access to maternal and child health in accordance with Law No. 40 Year 2004. BPMs are obliged to cooperate with BPJS Health to ensure affordable and quality health services. However, BPMs often face administrative and technical obstacles in establishing cooperation with BPJS, affecting the effectiveness of services.The implementation of the health insurance system in Independent Practitioner Midwives (BPM) in accordance with Law No. 40/2004 has improved access to maternal and child health in Indonesia. BPMs that cooperate with BPJS Health help reduce maternal and infant mortality rates. However, administrative, technical and financial constraints remain. Solutions include simplifying administration, improving facilities, and improving the claims payment system. Paper Type: Research Article]]>
<![CDATA[Implementation of Regent Regulation Number 19 of 2023 Against Early Marriage Rates in Bojonegoro Regency (Case Study of Bojonegoro Religious Affairs Office) ]]>
<![CDATA[Afif Fadhlurrahman]]>;
<![CDATA[Waluyo]]>
<![CDATA[ YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 10 No. 2 (2024): JURNAL YUSTISIA MERDEKA ]]>
Publisher : <![CDATA[Universitas Merdeka Madiun ]]>
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DOI: 10.33319/yume.v10i2.272
<![CDATA[Abstract Introduction to the Problem: The impact of early marriage on children is also seen in the risk of a large psychological condition because mentally almost all of them are not ready to assume great responsibility in fostering family relationships so that it can lead to divorce, even from a health perspective a woman who marries under the age of 20 is at risk of cervical cancer because she is a teenager. Bojonegoro Regency is one of the districts in the spotlight related to the high rate of early marriage in East Java, Bojonegoro Regency is included in the top 10 high marriage rates in East Java. Purpose/Study Objectives: This study aims to find out about how the implementation of marriage incentives at the Bojonegoro Regency Religious Affairs Office based on the Regent's Regulation and to find out how the impact analysis of Regent's Regulation Number 19 of 2023 on the level of early marriage in Bojonegoro Regency. Design/Methodology/Approach: The method used in this research is empirical juridical which is focused on examining phenomena that occur in the field and making it the main source of data, such as the results of interviews and also the results of field studies. Which uses a qualitative approach and field study data analysis. Findings: The results showed that the implementation of the provision of Marriage Capability Incentives is in accordance with Law Number 16 of 2019 concerning Marriage, and Regent Regulation Number 19 of 2023 concerning the provision of marriage capability incentives, but even so it is not enough to reduce the high rate of early marriage in Bojonegoro Regency. Paper Type: Research Article]]>
<![CDATA[The Importance of Witness A De Charge as Evidence for the Defendant in the Crime of Domestic Violence (KDRT) (Case Study of Decision No. 3339/Pid.Sus/2018/PN.Sby) ]]>
<![CDATA[Hikmah Istiqomah]]>;
<![CDATA[Waluyo]]>
<![CDATA[ YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 10 No. 2 (2024): JURNAL YUSTISIA MERDEKA ]]>
Publisher : <![CDATA[Universitas Merdeka Madiun ]]>
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DOI: 10.33319/yume.v10i2.273
<![CDATA[Abstract Introduction to the Problem: The law was created to regulate and protect all components of society. The preamble of Law of the Republic of Indonesia Number 8 of 1981 point C concerning Criminal Procedure Law explains that national development in the field of criminal procedure law is intended to make the community appreciate their rights and obligations and to improve the attitude of law enforcers and the protection of human dignity, order and legal certainty for the implementation of the rule of law in accordance with the 1945 Constitution. Purpose/Study Objectives: This research aims to find out how important the position of witness a de charge is for the defendant in the crime of domestic violence. Design/Methodology/Approach: This research uses normative juridical research methods. Data collection was carried out by means of literature and document studies. Data analysis was carried out using analytical descriptive methods and using a qualitative approach. Findings: The results showed that there is a right to submit witnesses or experts that have been given by the law by the suspect or defendant as referred to in Article 65 of the Criminal Procedure Code, so that the examiners at all levels of examination are obliged to ask the suspect or defendant, but there is no obligation for the defendant to present witnesses in the trial so that it will not affect the legal status of the defendant. Paper Type: Research Article]]>
<![CDATA[Implementation Of The Legislative Function Of The Regional People's Representative Council (DPRD) Of Madison District In The Preparation Of Local Regulations ]]>
<![CDATA[Sarjiyati]]>;
<![CDATA[Sigit Sapto Nugroho]]>;
<![CDATA[Subadi]]>;
<![CDATA[Taufiq Yuli Purnama]]>;
<![CDATA[Endang Sri Mulyani]]>
<![CDATA[ YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 10 No. 2 (2024): JURNAL YUSTISIA MERDEKA ]]>
Publisher : <![CDATA[Universitas Merdeka Madiun ]]>
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DOI: 10.33319/yume.v10i2.278
<![CDATA[Abstract Introduction to the Problem : The factors that hinder the implementation of the legislative function of the Madiun Regency DPRD in the formation of Madiun Regency Regional Regulations. Purpose /Study Objectives : Describe the implementation of the legislative function of the Madiun Regency DPRD in the formation of Madiun Regency Regional Regulations . Design/Methodology/Approach : The research method used is empirical juridical. Data was collected by literature study, interviews, and documentation. Findings : The results showed that the implementation of the legislative function of the Madiun Regency DPRD in the formation of Madiun Regency Regional Regulations is in line with Law Number 12 of 2011 concerning the Formation of Legislation, Factors that become obstacles in the implementation of the legislative function of the Madiun Regency DPRD in the formation of Madiun Regency Regional Regulations come from internal and external factors. Internal factors include educational factors or human resources, data or information availability factors, experience factors owned by DPRD members, as well as conflicts of interest between special committee members and the proposed ideas of each special committee member are often different. Meanwhile, external factors include the interests of stakeholders or stakeholders that conflict with the local regulation and the absence of stakeholders at the discussion meeting of the draft regulation. Paper Type : Research Article]]>
<![CDATA[Legal Protection Against Child Custody Abandonment Due To Divorce ]]>
<![CDATA[Meirza Aulia Chairani]]>;
<![CDATA[Anik Tri Haryani]]>;
<![CDATA[Krista Yitawati]]>;
<![CDATA[Bambang Sukarjono]]>;
<![CDATA[Aldo Ananda Abidin]]>
<![CDATA[ YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 10 No. 2 (2024): JURNAL YUSTISIA MERDEKA ]]>
Publisher : <![CDATA[Universitas Merdeka Madiun ]]>
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DOI: 10.33319/yume.v10i2.279
<![CDATA[Abstract Introduction to the Problem: The urgency in this research is that many problems arise due to the divorce of parents of children under the age of custody will be given to the mother but mostly after the divorce the father does not provide for his child after the issuance of the divorce. seen from the many cases the government must make a policy for divorced parents the child still gets the nafkah and attention of both parents. Purpose/Study Objectives: The purpose of this research is to see the protection that can be given to the neglect of child custody from divorce. many problems arise in society, one of the parents neglects their children and results in neglected children and does not provide for children for their lives. this is the responsibility of parents in caring for their children. Design/Methodology/Approach: The type of research used in this writing is normative law. The approach used is the statutory approach model and conceptual approach. Findings: In practice what the author encounters is that many parents after the issuance of a divorce the child will become a victim and underage children will especially be given custody of their mother and their father does not provide for the child, sometimes the mother also goes to look for a living to make a living and leaves the child to the mother's parents and here the parents, namely the father, do not exercise their right to provide for the child until they can be independent. Paper Type: Research Article  ]]>
<![CDATA[The Implementation of Halal Certification on Imported Agricultural Food Products and Their Relation to International Trade: - ]]>
<![CDATA[Retno Catur Kusuma Dewi]]>;
<![CDATA[Mohammad Choirul Anam]]>;
<![CDATA[Dien Nufitasari]]>
<![CDATA[ YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 10 No. 2 (2024): JURNAL YUSTISIA MERDEKA ]]>
Publisher : <![CDATA[Universitas Merdeka Madiun ]]>
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DOI: 10.33319/yume.v10i2.298
<![CDATA[Abstract Introduction to the Problem: Import activities are strongly related to international trade that one of the objectives is to meet the needs of a country. Indonesia carries out import activities on processed food products and agricultural products in order to fulfill food needs. To protect Indonesian consumers who are predominantly Muslim, Indonesia has passed legislation regarding halal certification and labeling through Law Number 33 of the year 2014 concerning Halal Product Assurance. Purpose/Study Objectives: The problems studied in this study include: (1) How is the implementation of Law Number 33 of 2014 concerning Halal Product Assurance in Halal certification and labeling of imported processed food products and imported agricultural products in Indonesia and (2) How is harmonized Law Number 33 of 2014 concerning Halal Product Assurance, especially on halal certification and labeling of imported processed food products and imported agricultural products in Indonesia related to the Technical Barriers to Trade agreement?. Design/Methodology/Approach: The research method used is juridical-normative with the data sources obtained in the form of primary legal materials in the form of laws and regulations, GATT 1994, and the TBT Agreement, secondary legal materials including legal books and journals, and tertiary legal materials, such as legal dictionaries. Findings: The implementation of Law Number 33 of 2014 has changed the provisions regarding halal certification and labeling of products circulating and traded in Indonesia, including imported processed food products and imported agricultural products, to become mandatory. The conformity of the Law Number 33 of 2014 which is included in technical regulations with the TBT Agreement is an urgency to ensure that national regulations and/or policies do not become obstacles in international trade. Paper Type: Research Article.]]>
