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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 8 Documents
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Search results for , issue "Vol. 7 No. 2 (2021): Yustitia" : 8 Documents clear
PERDAGANGAN PEREMPUAN DAN ANAK SEBAGAI KEJAHATAN TRANSNASIONAL Prasetia, Yudhya
Yustitia Vol. 7 No. 2 (2021): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v7i2.126

Abstract

Organized crime in the transnational trafficking of women and children is a serious and farreaching crime and can even be classified as crimes against humanity as stated in the Rome Statute (1998) which regulates the permanent international criminal court. The objective of the provisions in protocol II is the criminal organization behind the trafficking of women and children, namely by punishing the perpetrators and protecting their victims, namely women and children. In the Palermo Convention2000) it is emphasized that the main objective is to enhance and strengthen cooperation between states parties in preventing and eradicating the five types of crimes which are the jurisdiction of the convention. This paper is the result of a research useing normative juridical approach by reviewing, and examining secondary data in the form of legislation, legal principles, and cases relating to the problem regarding to the trafficking of women and children.
PERTIMBANGAN HAKIM TERHADAP PERKARA CERAI GUGAT SUAMI GHAIB DAN AKIBAT HUKUMNYA DI PENGADILAN AGAMA KARAWANG Baluqia, Singgih Hasanul; Priyana, Puti
Yustitia Vol. 7 No. 2 (2021): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v7i2.131

Abstract

Marriage is a sacred bond between a man and a woman as husband and wife. With the aim of creating a sakinah household, mawaddah wa rahmah. However, in reality there are many incompatibilities that happened between husband and wife in a journey of household, which in the end leads to not achieving the purpose of marriage which ends in divorce. There are many factors that trigger the occurrence of divorce, one of which is the disappearance of one party by leaving the other party without giving news for a long time and resulting in uncertainty about the status of the abandoned marriage. The purpose of this study is to find out and examine how judges consider divorce cases against unseen (ghaib) husbands and their legal consequences at the Karawang Religious Court. Research Methods in this scientific papers using normative juridical research methods. As well as using data collection techniques carried out using descriptive analysis techniques, with secondary data sources, which include primary legal materials such as laws and regulations relating to the rights of children and wives in divorce cases against unseen husbands, as well as secondary legal materials such as books. , journals, articles, and other legal doctrines. The results of the research that have been carried out basically in the judge's decision on the divorce case with the unseen husband which is the basis for the judge's consideration is the absence of the defendant whose his existence are unknown, namely the waiting period or iddah for the Plaintiff is set for at least 90 (ninety) days from the verdict has permanent legal force as intended by Article 11 paragraph (1) and paragraph (3) of Act Number 1 of 1974 jo. Article 39 Government Regulation Number 9 of 1975 paragraph (1) letter (b) jo. Article 153 paragraph (2) letter (b) and Article 153 paragraph (4) Compilation of Islamic Law (KHI), and the issuance of a certificate of occultation from the local village.
EKSISTENSI INSTITUSI PEMASYARAKATAN DALAM MEWUJUDKAN REINTEGRASI SOSIAL KEPADA WARGA BINAAN PEMASYARAKATAN Yulianto, Rama Fatahillah; Muhammad, Ali
Yustitia Vol. 7 No. 2 (2021): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v7i2.139

Abstract

The modern legal paradigm now has been echoed by all elements of law enforcement. Currently, there are laws that are just and bring benefits to the whole community. The existence of penitentiary facilities is increasingly needed, especially in terms of fostering or returning, penitentiary inmates (WBP) to become fully human beings. The purpose of correctional is social reintegration which is implemented by restoring the life relationship, life, and livelihood of the PAPs. Actors implementing law enforcement, stakeholders, and the community must work hand in hand in carrying out social reintegration. Because it takes alignment of the legal paradigm adopted. This study refer to the existence of penitentiary facilities in realizing social reintegration for PAPs. The author uses a qualitative research method with a literature study approach. Researchers collect data that is relevant to the topic or problem that is linear with this research. Information is obtained from scientific books, research reports, research journal articles, regulations, scientific papers, and other written sources. The results of the study reveal that the existence of correctional facilities is increasingly important, especially in carrying out social reintegration. Therefore, it is necessary to strengthen between law enforcement and still require collaboration and alignment of the paradigm adopted between a number of elements, both actors implementing law enforcement, stakeholders, and the society.
EKSISTENSI PEMBERLAKUAN SISTEM E-COURT DALAM PERADILAN TATA USAHA NEGARA DI INDONESIA Krisyulaeni
Yustitia Vol. 7 No. 2 (2021): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v7i2.140

Abstract

The massive rate of technological development that is happening in Indonesia today, has led various judicial bodies in all parts of the world, including Indonesia to then begin to adopt and take advantage of these technological developments. The procurement of e-court itself began to be implemented after the Supreme Court Regulation Number 3 of 2018. PTUN which stands for the term State Administrative Court is one of the judicial institutions in Indonesia whose position is under the Supreme Court. The Supreme Court itself has made various efforts through convenience in terms of administrative services through a system called the electronic court or hereinafter referred to as e-court, and then by law, this is contained in Supreme Court Regulation Number 1 of 2019. Keywords : Technological developments, Electronic courts, State Administrative Courts
DEKRIMINALISASI PENGGUNA NARKOBA : POLITIK KRIMINAL PENANGGULANGAN PROBLEMATIKA OVERCAPACITY LEMBAGA PERMASYARAKATAN DI INDONESIA Maryani, Indah
Yustitia Vol. 7 No. 2 (2021): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v7i2.141

Abstract

Prison overcapacity is one of the crucial legal issues at this time, in this case the overcapacity has reached 204%. The large number of narcotic convicts is one of the causes of prison overcapacity, related to this, narcotics convicts reach 50% of the total inmates in Indonesia. The purpose of this study was to determine the need for drug users, namely abusers and drug addicts to be handled with non-penal efforts and decriminalization of drug abusers in order to reduce the level of overcapacity of prisons in Indonesia. The research method used is normative legal research that prioritizes secondary data. The results of the study confirm that addicts and abusers are victims who are entitled to protection so as not to become victims of criminal acts and have the right to obtain guarantees or rehabilitation for the losses they have received. So that non-penal efforts are needed to protect the rights of victims and decriminalization needs to be done as part of criminal politics to bring criminal law to a better direction, in this case upholding the rights of victims and being a solution to the problem of overcapacity in prisons in Indonesia. Keywords: Overcapacity, decriminalization, rehabilitation
PERLINDUNGAN HUKUM HAK ASASI MANUSIA INTERNASIONAL TERHADAP IMIGRAN SURIAH Jastisia, Mentari; Ariska, Dudung Indra
Yustitia Vol. 7 No. 2 (2021): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v7i2.142

Abstract

Immigrants are people who have fled from their country to other countries where they can be referred to as refugees or asylum seekers. There are legal instruments that regulate and provide protection for them. Arrangements for asylum seekers are contained in the 1967 Declaration of Territorial Asylum, State practice, humanitarian issues, Declaration of Human Rights (UDHR). Meanwhile, the arrangements for refugees are contained in the Convention Relating to the Status of Refugees 1951, Protocol relating to the status of Refugees 1967, International Covenant on Civil and Political Rights (ICCPR). This papers uses a normative juridical method. This juridical approach is because this research analyzes existing legal aspects, and is normative because this research focuses more on the analysis of existing laws and regulations and other regulations, using secondary data, namely scientific references or other scientific writings as study material that can support the completeness of this scientific papers. Regarding legal protection for Syrian immigrants, the same applies to immigrants from other state as regulated in the arrangements that have been regulated. Countries in the European Union implement international human rights law protections for Syrian immigrants residing in European Union countries consistently as mandated in the European Convention on Human Rights, Convention applying the Schengen Agreement dated June 14, 1985, Lisbon treaty, Dublin II Regulation (Council Regulation (EC) 343/2003) 2003. The indication is that there are several countries in the European Union such as Greece, Hungary which refuse and do not want to take more responsibility for their obligations as a State related to the provisions of international human rights law to provide protection for Syrian immigrants. in Europe
STATUS DAN KEDUDUKAN HUKUM LEMBAGA FINANCIAL TECHNOLOGY (FINTECH) SYARIAH DALAM MENYELENGGARAKAN JASA KEUANGAN KEPADA MASYARAKAT Sumartini, Siti; Arifin, Jajang; Gatri Sagala, Stefani
Yustitia Vol. 7 No. 2 (2021): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v7i2.143

Abstract

The development and enthusiasm of the community towards the growth of sharia economic practices is very high, especially with the proliferation of the establishment of sharia financial institutions (LKS), one of which is sharia fintech. Sharia fintech is an innovation of sharia-based financial services by utilizing technological advances. In addition to providing offers and schemes that are different from conventional services, it also provides certain limitations on the use of funds provided by investors or lenders. In addition, the development of sharia fintech needs to be supported by the appropriate regulations and infrastructure. With the support for these two aspects, the actors and service users of Islamic financial institutions will have the convenience of meeting the needs of financial access. Access to these financial needs in its development has become increasingly complex and diverse. In this case, the author conducted research using normative juridical methods. This juridical approach is because this research analyzes existing legal aspects, and is normative because this research focuses more on the analysis of existing laws and regulations and other regulations, using secondary data, namely scientific references or other scientific papers as study material that can support the completeness of this scientific work. The phenomenon of disruptive innovation that occurs in the financial services industry such as the emergence of fintech has great potential because it can provide solutions to urgent needs that traditional financial institutions cannot provide. Fintech refers to the use of technology to provide financial solutions. Although it is relatively new, Islamic fintech does not have a significant difference with conventional fintech. Because both types want to provide financial services. The difference between the two is only a financing contract which follows the rules of Islamic law. There are three sharia principles that must be owned by this fintech, namely no maisir (betting), gharar (uncertainty) and usury (the amount of interest past the stipulation
EKSISTENSI PTUN SEBAGAI WUJUD PERLINDUNGAN HUKUM KEPADA WARGA NEGARA DARI SIKAP TINDAK ADMINISTRASI NEGARA Kartini, Murtiningsih; Kusyandi, Adi
Yustitia Vol. 7 No. 2 (2021): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v7i2.144

Abstract

All actions that harm everyone can be monitored by the court, while the review can be channeled through the State Administrative Court (PTUN). The State Administrative Court is one of the implementers of judicial power for the people seeking justice for State Administrative disputes. PTUN aims to resolve State Administrative disputes. Research methods in this papers using normative juridical research methods and using data collection techniques carried out using descriptive analysis techniques, with secondary data sources, which include primary legal materials such as laws and regulations relating to the rights of children and wives in divorce cases, sued unseen husbands, as well as secondary legal materials such as books, journals, articles, and other legal doctrines. State administrative disputes are disputes that arise in the field of State Administration between Persons or Civil Legal Entities and Legal Entities or State Administration Officials, both at the center and in the regions, as a result of the issuance of State Administrative Decrees, including employment disputes based on statutory regulations applicable. With the juridical analysis method, the author discusses the existence of PTUN as a form of legal protection for citizens from the act of state administration (abuse of power)

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