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"Vol. 10 No. 1 (2024): Yustitia"
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<![CDATA[TEORI PERKEMBANGAN ETIKA LINGKUNGAN DALAM PENGARUHNYA TERHADAP HAK ATAS LINGKUNGAN YANG BAIK DAN SEHAT ]]>
<![CDATA[Fawwaz, Asyraf]]>
<![CDATA[ Yustitia Vol. 10 No. 1 (2024): Yustitia ]]>
Publisher : <![CDATA[Universitas Wiralodra ]]>
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DOI: 10.31943/yustitia.v10i1.214
<![CDATA[The development of environmental law should be orientated towards management in modern environmental law. The act of destroying the environment is an act of violating environmental rights as well as harming human interests. The anthropocentrism paradigm in the theory of environmental ethics imposes humans as rulers over nature, who do not pay attention to environmental conservation in their management, merely to fulfil their needs in obtaining a good and healthy environment which is part of human rights. This research talks about Environmental Ethics which is closely related to humans as an entity that cannot be separated from the environment because it is closely related to human behaviour and how it relates to the environment. Environmental management is concerned with the value of awareness to be able to fulfil the rights and obligations of an environment, the manifestation of the influence of global or international legal awareness has influenced environmental policy in Indonesia which until now is contained in the UUPPLH. Environmental legal instruments in Indonesia have regulated the right to a good and healthy environment so that humans create environmental rights not to be damaged or polluted which can harm human rights. This research, discusses and includes legal studies, legal concepts from experts and approaches that are closely related to the level of human awareness of the importance of managing and maintaining the right to the environment in order to create a good and healthy environment as stated in the Law. Keywords: Environmental Law, Environmental Ethics, Right to a Good and Healthy Environment]]>
<![CDATA[EFEKTIVITAS PELAKSANAAN WEWENANG JAKSA SEBAGAI PENGACARA NEGARA DALAM KASUS KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG DI INDONESIA ]]>
<![CDATA[Rahardhini, Halida]]>
<![CDATA[ Yustitia Vol. 10 No. 1 (2024): Yustitia ]]>
Publisher : <![CDATA[Universitas Wiralodra ]]>
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DOI: 10.31943/yustitia.v10i1.226
<![CDATA[The authority of the prosecutor as an applicant in bankruptcy cases and postponement of debt payment obligations has been regulated in Article 2 of Law Number 37 of 2004 concerning Insolvency and Postponement of Debt Payment Obligations, this is related to the need for settlement of insolvency cases related to the public interest as a limitation. Asis known that in the current insolvency case, many of the victims are also the community as parties involved in the company that will be declared bankrupt. However, the problem is that until now there are only 2 bankruptcy cases related to the public interest that use prosecutors as applicants. Based on these issues, the author intends to discuss the extent of the effectiveness of the prosecutor's authority as a state attorney in bankruptcy cases and the postponement of debt repayment obligations in Indonesia. The writing of this journal uses the normative juridical method, which uses secondary data in conducting the analysis. Based on the results of the author's analysis, that in the position of the prosecutor as the authorized state attorney as an applicant in bankruptcy cases and delays in debt payment obligations has been explained and regulated in the relevant laws and regulations in Indonesia, but in its implementation there are several obstacles that occur both internally in the prosecutor's office and from external factors such as the definition of public interest which has not been clearly regulated in the laws and regulations in Indonesia has not been widely implemented to understand the authority of prosecutors as applicants in insolvency cases in the public interest.]]>
<![CDATA[PERILAKU SEKSUAL PRANIKAH DALAM PERGAULAN BEBAS REMAJA DARI PRESPEKTIF HUKUM POSITIF DI INDONESIA ]]>
<![CDATA[Ida, Orintina Vavinta]]>;
<![CDATA[Suryawati, Nani]]>
<![CDATA[ Yustitia Vol. 10 No. 1 (2024): Yustitia ]]>
Publisher : <![CDATA[Universitas Wiralodra ]]>
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DOI: 10.31943/yustitia.v10i1.227
<![CDATA[Premarital sexual behavior is an unnatural phenomenon that often occurs in the life of modern society. Premarital sex is a sexual relationship that is carried out without a legal marriage bond, it often occurs among adolescents so that it becomes a problem in the association of adolescents that is increasingly clear in the community. So that it becomes a serious problem related to social, legal, religious quality that sooner or later will bring the country, especially the younger generation, to the gate of destruction. Normative juridical research or often referred to as doctrinal research is also called library research or document study, because this research is carried out only in written regulations or other legal materials. Based on the results of research according to positive law, premarital sexual behavior is a deviant act and violates social and religious norms in public life in Indonesia, perpetrators of premarital sexual behavior in adolescent associations cannot be charged in the law because it is done consensually. Therefore, the Government and related institutions are trying to conduct socialization to take firm steps to overcome the problem of adolescent promiscuity and premarital sexual behavior.]]>
<![CDATA[PENGARUH INTEGRATED COASTAL MANAGEMENT (ICM) TERHADAP PERLINDUNGAN WILAYAH PESISIR DI NEGARA ASIA TIMUR ]]>
<![CDATA[Kholik, Saeful]]>;
<![CDATA[Siregar, Syamsul Bahri]]>;
<![CDATA[Attoilah, Attoilah]]>;
<![CDATA[Alam, Kodrat]]>;
<![CDATA[Jastitia, Mentari]]>
<![CDATA[ Yustitia Vol. 10 No. 1 (2024): Yustitia ]]>
Publisher : <![CDATA[Universitas Wiralodra ]]>
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DOI: 10.31943/yustitia.v10i1.236
<![CDATA[Integrated coastal management (ICM) is a guideline and framework for peer assessment services for coastal area protection and management. The ratification of the international conference on the protection of seas and coastal areas underlies the exploitation of seas and coastal areas that exceed the carrying capacity and resilience of environmental management. The conception of ICM in its framework carries integration or integration between sectors such as central and local governments, the private sector, and entrepreneurs. The success of the conception of ICM can be seen in terms of the functions and rules of ICM that affect the development of sustainable coastal areas. However, with the success of ICM, of course, it saves the negative side of the limits and policy patterns based on local government authority, it will be possible to overlap the determination of the role and function of centralized ICM. The research method used is juridical-normative, namely research that prioritizes data analysis based on norms and rules that can then be analyzed through qualitative stages with description-analysis. Based on the results of the study that the limits of the function and role of ICM lie in matters of authority between the central and regional governments, these limits will arise on the content of the interests of managing arrangements, utilizing coastal areas.]]>
<![CDATA[STRICT LIABILITY KORPORASI TERHADAP KEJAHATAN BISNIS ]]>
<![CDATA[Setiady, Tri]]>;
<![CDATA[Hidayat, Taufik]]>
<![CDATA[ Yustitia Vol. 10 No. 1 (2024): Yustitia ]]>
Publisher : <![CDATA[Universitas Wiralodra ]]>
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DOI: 10.31943/yustitia.v10i1.237
<![CDATA[The potential for crime in the economic sector in the era of globalization can occur carried out by business actors in the form of corporations that can cause losses and victims, supported by the emergence and development of science and information technology. The development of technology along with freedom of information / press, makes the public so enthusiastic with all forms of business development that are instant and practical without requiring a long time or process that can be done at home using gadgets. According to the identification theory of the actions of the management or employees as personnel of a corporation identified as corporate actions, the actions of the management which are the directing mind of a corporation are identified as corporate actions so that criminal acts committed by the management are responsible, the crime can be charged to the corporation.]]>
<![CDATA[FUNGSI PENGAWASAN DEWAN PERWAKILAN RAKYAT DAERAH TERHADAP PEMERINTAH DAERAH BERDASARKAN UNDANG-UNDANG DASAR 1945 ]]>
<![CDATA[Zulfia, Sophi]]>
<![CDATA[ Yustitia Vol. 10 No. 1 (2024): Yustitia ]]>
Publisher : <![CDATA[Universitas Wiralodra ]]>
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DOI: 10.31943/yustitia.v10i1.238
<![CDATA[Function Local House of Representatives to local governments based on the 1945 Constitution, the main problem of this research is to find out how the implementation of the regulation of the DPRD's supervisory function on local governments in the Unitary State of the Republic of Indonesia which is based on decentralization, with identification studies. what indicators are used to optimize the local House of Representaitives oversight function of local governments and what is the proper concept of supervision that can be carried out by the Local House of Representatives on local governments.]]>
<![CDATA[IMPLEMENTASI IMPLEMENTASI TERTIB ADMINISTRASI KEPENDUDUKAN DAN RELEVANSINYA DENGAN KONSEP ASAS-ASAS UMUM PEMERINTAHAN YANG BAIK (GOOD GOVERNANCE) DALAM KONSEP NEGARA HUKUM ]]>
<![CDATA[Sumartini, R. Siti]]>;
<![CDATA[Arifin, Jajang]]>;
<![CDATA[Abas, Suhendar]]>;
<![CDATA[Nursidi, Didi]]>
<![CDATA[ Yustitia Vol. 10 No. 1 (2024): Yustitia ]]>
Publisher : <![CDATA[Universitas Wiralodra ]]>
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DOI: 10.31943/yustitia.v10i1.243
<![CDATA[Population administration is an important issue for a country. This is because residents and citizens are essential elements of a country. Furthermore, based on data from the Central Statistics Agency (BPS), Indonesia's population in 2023 is projected to be 278.8 million people, of course this large number demands that population administration be carried out properly and correctly. In line with the concept of the rule of law and the principles of good governance. Based on this, a legal problem arises, related to how the orderly implementation of population administration is linked to the concept of the rule of law and how the principles of good governance can provide services to the public related to the orderly implementation of population administration. Population administration is a series of structuring and controlling activities in the publication of population documents and data through population registration, civil registration, management of population administration information and utilization of the results for public services and development of other sectors. In essence, the state is obliged to provide protection and recognition for the determination of personal status and legal status for every Population Event and Important Event experienced by residents inside or outside the territory of the Unitary State of the Republic of Indonesia. For the state, the importance of population documents is aimed at accessing public services. , Development planning, and Legal allocation]]>
<![CDATA[PENYELESAIAN SENGKETA TANAH DI DESA GUNUNGSARI MELALUI MEDIASI BERDASARKAN UNDANG-UNDANG NOMOR 30 TAHUN 1999 TENTANG ALTERNATIF PENYELESAIAN SENGKETA DAN ARBITRASE ]]>
<![CDATA[Primasari, Imas Khaeriyah]]>;
<![CDATA[Alpiyah, Nur]]>
<![CDATA[ Yustitia Vol. 10 No. 1 (2024): Yustitia ]]>
Publisher : <![CDATA[Universitas Wiralodra ]]>
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DOI: 10.31943/yustitia.v10i1.244
<![CDATA[This research discusses the problem of land disputes in Gunungsari village between Mr. Sukasa and Mr. Ari, in which Mr. Ari claimed ownership of land from Mr. Sukasa and resulted in a land dispute. The specification of this research is Descriptive Law with a Normative Juridical Approach Method by examining secondary data material as a basis for research, then conducting a search for regulations and literature related to the problem under study. The results of this study indicate that land disputes can be resolved by mediation or out-of-court settlement, the dispute resolution process through mediationis an effort to resolve disputes through negotiation with the help of a neutral third party (mediator) to find a form of settlement that can be agreed upon by the parties or the community in dispute in Gunungsari Village. The result of the dispute resolution process through mediation is an agreement or peace agreement that both have evidentiary value and are binding for the parties. Both do not yet have definite legal force as befits a court decision with permanent legal force. Peace agreements or agreements resulting from outof-court mediation only gain the status of a deed of peace after the parties with the help of a mediator file a lawsuit for peace through the District Cour. Article 36 of PERMA Number 1 Year 2016. Thus, the peace deed has legal certainty and permanent legal force (incracht van gewijsde). Out-of-court dispute resolution through the mediation process needs to be developed to resolve civil disputes. In addition, each court should have certified mediator judges to make it easier for the parties to carry out mediation in court and obtain clear legal certainty such as a peace deed that has permanent legal force from the agreement of the parties to the dispute.]]>
<![CDATA[RESTITUSI DAN KOMPENSASI BAGI KORBAN KEJAHATAN ]]>
<![CDATA[Kusyandi, Adi]]>
<![CDATA[ Yustitia Vol. 10 No. 1 (2024): Yustitia ]]>
Publisher : <![CDATA[Universitas Wiralodra ]]>
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DOI: 10.31943/yustitia.v10i1.247
<![CDATA[Restitution and Compensation already exist in Indonesian laws and regulations. This study aims to find out how restitution is carried out for victims and what institutions can act as guarantors for restitution. The method used in this research is library research. Whereas the rights of victims to compensation and restitution in criminal justice are not yet optimal. Community legal knowledge and knowledge of law enforcement officers related to Compensation and Restitution and the absence of legal instruments for victims to defend their rights to Compensation and Restitution are weaknesses in obtaining victims' rights related to Compensation and Restitution.]]>
<![CDATA[IMPLEMENTASI ASAS KEPENTINGAN UMUM DALAM KASUS KEPAILITAN DI INDONESIA ]]>
<![CDATA[Faujura, Rahmanisa Purnamasari]]>
<![CDATA[ Yustitia Vol. 10 No. 1 (2024): Yustitia ]]>
Publisher : <![CDATA[Universitas Wiralodra ]]>
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DOI: 10.31943/yustitia.v10i1.248
<![CDATA[The public interest includes the interests of the Nation and the State as well as the common interests of the people by taking into account social, political, and human rights aspects on the basis of national development principles with regard to national resilience and the insight of the archipelago. This is also included in bankcrupty cases in Indonesia, as explained in Article 2 of Law Number 37 of 2004 concerning Bankcrupty and Postponement of Debt Payment Obligations which allows the prosecutor's office to file bankruptcy applications in the public interest. Based on this explanation, the author explains in this journal related to the criteria and implementation of the public interest in bankruptcy cases in Indonesia. The research method used in writing this journal is normative juridical with analytical descriptive research specifications. Based on theresults of the study, it was explained that the criteria for public interest as applicable in Indonesia are basically everything related to the interests of the state and nation. This is shown by the absence of a Limit to the law that explains how the so-called public interest is. As for bankcrupty cases, the implementation of the principle of public interest has been explicitly explained and applied in Law Number 37 of 2004 concerning Bankcrupty and Postponement of Debt Payment Obligations, Law Number 16 of 2004 concerning the Prosecutor's Office. Under both laws, public interest is applied in the authority of the prosecutor as an applicant in bankcrupty cases.]]>
