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Kodrat Alam
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INDONESIA
Jurnal Yustitia
Published by Universitas Wiralodra
ISSN : 19789963     EISSN : 27230147     DOI : https://doi.org/10.31943/yustitia
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Yustitia adalah bentuk implementasi dari sebuah karya tulis ilmiah yang di kelola oleh Lembaga Kajian Hukum Fakultas Hukum Universitas Wiralodra Indramayu Yang memiliki fungsi dan tujuan untuk mewadahi kajian ilmiah dosen dan mahasiswa untuk mengupas kasus hukum yang ada dan berkembang Di Dalam masyarakat ini, Jurnal Yustitia memilki sebuah lambang Yang berlambangkan Dewi Keadilan ini berfilosofikan guna menegakan keadilan dimasyarakat tanpa pandang bulu.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
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Search results for , issue "Vol. 6 No. 2 (2020): Yustitia" : 6 Documents clear
PERJANJIAN PINJAM MEMINJAM FINTECH DIHUBUNGKAN KATA SEPAKAT PARA PIHAK SESUAI KETENTUAN PASAL 1320 KUHPERDATA DAN UNDANG UNDANG ITE Suardja, Tatang Odjo; Wulandani
Yustitia Vol. 6 No. 2 (2020): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v6i2.115

Abstract

Nowdays in the era of technology, electronic financial credit through the Financial Technology company Peer 2 Peer (P2P) Lending has become an alternative to lending funds quickly. Although it provides convenience, online loans also have many problems and risks to the public or prospective borrowers who make loan transactions. The fast rate of development is not accompanied by good socialization and understanding so that the impact will only be felt when there are many post-transaction problems. In this study, the method used in this case is the Normative Juridical approach method with data collection techniques by means of literature studies on legal materials, both primary legal materials, secondary legal materials and tertiary legal materials and field studies as a complement. From the legal research that has been done, it can be concluded that the form of agreement that occurs between the parties is when the lender and the loan recipient agree or agree to the terms and conditions provided by the organizing platform which is followed by a statement of will. The statement of intention is carried out by pressing the agreement button (click agreement) in the form of clicking a tick on the platform. In the event of default due to default of debtor, the debtor will still receive protection for his / her rights. The lender can make efforts to obtain his rights as a creditor represented by the organizer in his dealings with the loan recipient. Dispute resolution can be done through non-litigation or litigation as agreed.
GANTI RUGI DALAM PENYELESAIAN SENGKETA ANTARA JAMAAH UMROH DENGAN PT FIRST TRAVEL ATAS KEGAGALAN PEMBERANGKATAN UMROH ayu puspita, lita; Setiyadi, Tri
Yustitia Vol. 6 No. 2 (2020): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v6i2.118

Abstract

This research is based on the reality that occurs in the community that PT First Travel as the organizer of the Umrah pilgrimage trip (PPIU) violates Law Number 8 of 1999 and Regulation of the Minister of Religion Number 8 of 2018 so that it has resulted in losses to consumers of Umrah pilgrims. . PT First Travel does not carry out its obligations as a business actor and does not fulfill the consumer rights of the Umrah pilgrims. The legal relationship that begins with the sale and purchase agreement for Umrah travel services, consumers will depart as promised by PT First Travel, namely 6 months after payment is paid. However, this agreement was denied by PT First Travel so that they must be responsible for compensation to consumers for negligence and mistakes that resulted in the congregation failing to leave for Umrah. In this study, the method used in this case is the Normative Juridical approach method with data collection techniques by means of literature studies on legal materials, both primary legal materials, secondary legal materials and tertiary legal materials and field studies as a complement. The results of this study indicate that the responsibility of PT First Travel which is regulated in Law Number 8 of 1999 concerning Consumer Protection in providing compensation and / or compensation to consumers of Umrah pilgrims is not carried out by PT First Travel, and legal remedies are carried out in practice that occurred in the field of Umrah congregation consumers in defending their right to receive compensation ended in dispute resolution by filing a civil suit with the Depok District Court.
ANALISIS HUKUM PERLINDUNGAN PERKAWINAN ANAK DI BAWAH UMUR Hidayat, Puti
Yustitia Vol. 6 No. 2 (2020): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v6i2.119

Abstract

Related of child marriage, the first one focuses on the age limit of a person. In Indonesia, there is no similarity in the age limit for children, there are still differences. For example, the Civil Code stipulates that the age limit for children is 21 years, Law no. 16 of 2019 concerning Amendments to Law No. 1 of 74 concerning Marriage regulates the age limit of children is l9 years for boys and for girls, while child protection regulates the age limit for children is under 18 years. In this paper, the research methodology is used is the Normative Juridical approach method with data collection techniques by means of literature studies on legal materials, both primary legal materials, secondary legal materials and tertiary legal materials and field studies as a complement. The regulations regarding marriage in this Law concerning the dispensation of a man and a woman to be able to marry under the age of 19, this is based on Article 7 Paragraph (2) of Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage. We know that children are the main legal subject in Law No. 35 of 2014 concerning child protection. It contains restrictions regarding children, namely under 18 years of age. How does the existence of Law No. 35 of 2014 concerning child protection against child marriage? The existence of Law No. 35 of 2015 concerning Child Protection against Underage Marriage as regulated in Article 26 of Law No. 35 of 2015 concerning Child Protection regarding the prohibition of parents from giving permission to their children who are underage in accordance with Article 1 of Law No.35 of 2015 concerning Child Protection, namely a child is someone who is not yet 18 (eighteen) years old, including children who are still in the womb. In addition, Article 76B is further emphasized, namely that every person is prohibited from placing, allowing, involving, ordering to involve children in situations of mistreatment and neglect
PENGELOLAAN BUMN SEBAGAI TRANSFORMASI KEUANGAN PUBLIK MENJADI KEUANGAN PRIVAT DALAM PERSEPEKTIF HUKUM KEUANGAN NEGARA Darmawn, Agus
Yustitia Vol. 6 No. 2 (2020): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v6i2.121

Abstract

The research aims to find the right perspective in the legal accountability of State-owned enterprises management. This research uses a normative approach. The results show that the national legal regulations have not provided clarity in regulations in the management of State-owned enterprises. The transformation of public finance into private finance is the key and clear line of demarcation to understand State-owned enterprises management in the perspective of state financial law, thereby fostering high confidence for Directors in managing State-owned enterprises in the principles of Good Corporate Governance
KEABSAHAN POLIS ASURANSI USAHA TANI PADI ANTARA KELOMPOK TANI BOJONG SARI DENGAN ASURANSI JASA INDONESIA (JASINDO) Imam; Bahri Siregar, Syamsul
Yustitia Vol. 6 No. 2 (2020): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v6i2.122

Abstract

The agricultural sector is currently a sector that is synonymous with uncertainty because it depends on the season which negatively affects agricultural yields, and even farmers are at risk of crop failure and damage to agricultural infrastructure. This uncertainty concern, raises the need for insurance protection. However, there are different views on natural disasters between the Rice Farmers' Insurance Policy and Article 37 paragraph (2) of Law Number 19 of 2013 concerning Protection and Empowerment of Farmers. The research method in this study uses the juridical normative approach with data collection techniques by means of literature studies on legal materials, both primary legal materials, secondary legal materials and tertiary legal materials and field studies. The results showed that the Insurer is PT. Jasa Indonesia (Jasindo) as the sole implementer in collaboration with State-Owned Enterprises (BUMN) in providing premium subsidies, the insured is the Bojong Sari Farmer Group, Tempel Village, Lelea District, Indramayu Regency, West Java Province with the following Policy Number: 402.226. 110.19.0072 / 000/000. The insured object is rice in accordance with the Decree of the Minister of Agriculture Number 40 of 2015 concerning the Facilitation of Agricultural Insurance. Premium payments, namely from subsidized premium assistance by the Government as much as 80% and farmers bear as much as 20%. Compensation for agricultural product insurance, namely compensation given to participants in the Rice Farming Business Insurance in the event of a flood, drought and / or attack by plant pests. The coverage is set at Rp. 6,000,000 per hectare per planting season
PERJANJIAN EKSTRADISI DALAM PENEGAKAN HUKUM TINDAK PIDANA KORUPSI DI INDONESIA Rona Sahati, Nabella; Alam, Kodrat
Yustitia Vol. 6 No. 2 (2020): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v6i2.123

Abstract

Extradition Agreeament (treaty) provides facilities for countries that have an agreement, where the agreement is to act against, arrest and prosecute criminals in a country who have fled to another country outside national jurisdiction. The presence of the perpetrator in another country is to avoid attempts to arrest him in connection with the crime he has committed in the country of origin. So by running out of the country, this means that there are other countries whose interests are harmed because they cannot arrest the perpetrator, in which the perpetrator has committed a violation of the law based on the location where the crime was committed (locus delicti). One of them is that the criminal case of corruption is considered a threat of extraordinary crime that harms all people in the world, in upholding the law of corruption in which the perpetrator has fled abroad so that he feels safe and free from a crime he has committed. So extradition is very necessary for the perpetrators of corruption who have fled to other countries. From the background that has been explained, the following problems can be made inventory, namely 1) what is the position of the extradition agreement in international law related to criminal acts of corruption and 2) how is the implementation of extradition agreements against perpetrators of corruption in Indonesia. This study uses a normative juridical research method, namely legal research that refers to legal norms contained in statutory regulations with descriptive analytical research specifications with the aim of obtaining an overview of the application of extradition agreements to perpetrators of corruption in Indonesia based on Law Number 1 of 1979 of Extradition. The results in this research have shown that indeed there have been regulations regarding extradition treaties but it has been long enough and it is necessary to have regulatory reforms according to existing needs, furthermore it is necessary to improve diplomatic relations because law enforcement of criminal acts of corruption which involves cooperation between two countries is not only achieved through extradition treaties, but also good diplomatic relations.

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