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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 238 Documents
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PENCEGAHAAN PENCEMARAN AIR SUNGAI CITARUM AKIBAT LIMBAH INDUSTRI Setiady, Tri
Yustitia Vol. 3 No. 2 (2017): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v3i2.67

Abstract

Law Number 32 of 2009 concerning Environmental Protection and Management aims to protect or prevent and overcome environmental pollution and / or damage caused by industrial processes in which this sector often pollutes and / or damages the environment and loss to the community. Domestic waste as a contributor to the biggest yeng river pollution is waste generation. This causes the river flow to be hampered and cause flooding. While the biggest contributor to river pollution in terms of industrial waste is the disposal of hazardous and toxic wastes that go directly to the river without any prior processing.
LOGICO-HYPOTHETICO-VERIFICATIF SEBAGAI METODA ILMIAH DALAM MENCARI ILMU PENGETAHUAN YANG BENAR Rohendi , Acep
Yustitia Vol. 5 No. 1 (2019): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v5i1.68

Abstract

Man's journey in finding the truth to overcome problems in his life, discussing various theories / flows in his time and continually developing complementary. Correlation of truth flow that emphasizes truth is in accordance with what is expected by humans or human experience. Arguments that are not in accordance with facts are not truth. Something is considered to be something that is in accordance with the facts (empirical). Contrary to this theory is the theory of Consistency, which confirms something that supports the truth that was previously questioned. The scientific method as a path of truth is used to get knowledge using Correspondence theory and Consistency theory. Combined theories of correspondence and consistency theory produce the term "Logico-hypothetico-verificatif" with all its advantages and disadvantages.
KEDUDUKAN FILSAFAT HUKUM DALAM PEMBENTUKAN POLITIK HUKUM NEGARA INDONESIA UNTUK MEWUJUDKAN NEGARA KESEJAHTERAAN (Welfare State) Sumartini, Siti; Alam, Kodrat
Yustitia Vol. 5 No. 2 (2019): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v5i2.80

Abstract

The legal philosophy and legal politics of a country in the perspective of academic studies are two (2) highly correlated and influential things. The law is basically not sterile from its social subsystem. Politics often intervenes on the actions and execution of the law so that the question arises about which subsystem between law and politics is more supremetive. This question arises because of the abundance of blunt laws in the interruption arbitrariness of authority, the law is incapable of upholding justice and cannot present itself as a matter that should be the legal task of solving it. The linkage between philosophy and law that only philosophical approach to law is an attempt to provide rational thought about time-bound law, or attempt to formulate a general theory of the legal order to meet some of the needs of legal development or state development. With the philosophy of law philosophers on the formation of a country's legal politics, it will manifest a paradigm of the welfare state. Keyword: Philosophy of law, status and legal policy
KEKUATAN SURAT KETERANGAN HASIL DVI DAN POST-MORTHEM SEBAGAI ALAT BUKTI KORBAN KEBAKARAN YANG MENGAKIBATKAN MENINGGAL DUNIA DIKAITKAN DENGAN PASAL 184 AYAT 3 KUHPIDANA Kholik, Saeful; Hartawan, Joko
Yustitia Vol. 5 No. 2 (2019): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v5i2.84

Abstract

One of the tasks that have to be done in forensic laboratory is the identification of fire victims with physical forms that are no longer recognizable. However, they still could be identified with the help of certificate from DVI (Disaster Victim Identification) and Post Mortem. One of the problems arise is that the family of the victims have no confidence that the victims identified are their family member. Based on the background of the study above, the researcher intended to conduct a study with the title of ’KEKUATAN SURAT KETERANGAN HASIL DVI DAN POST-MORTHEM SEBAGAI ALAT BUKTI KORBAN KEBAKARAN YANG MENGAKIBATKAN MENINGGAL DUNIA DIKAITKAN DENGAN PASAL 184 AYAT 3 KUHPIDANA’’. According to the tittle above, the identification of the problems are: How is the strength of the proof from the forensic laboratory evidence regarding the fire victims in association with Article 184 Section 3 of the constitution about witnesses? How is the strength of a DVI certificate, Post Mortem, and Anti Mortem in positive rules of Indonesia? This research is a normative juridical legal research. It is a study of laws and regulations in terms of the hierarchy of legislation. Article 133 Section (1) of the Criminal Procedure Code authorizes an investigator to submit a request for information to a judicial medical expert if the investigation involves a victim of injury, poisoning, or death. The expert statement request was made in writing form. It becomes the basis that the power of the DVI, Post Mortem, and Ante Mortem letters is very strong based on Article 133 Section 1 of the Criminal Procedure Code. The letter to be examined is the evidence made by the forensic laboratory. According to Article 187 Letter c of the Constitution Number 8 of 1981 concerning the Criminal Procedure Code states that: "A letter from an expert statement contains an opinion based on his expertise regarding something or a condition that was formally requested from him.” Finally, it can be concluded that the strength of the DVI letter, Post Mortem, and Ante Mortem could no longer be doubted because the government and institution have their own authority. However, it refers to the families of individuals who feel that they are not family members of the victims. They have other alternatives, such as rechecking the DNA testing, RNA, or other compatible identity.
PERLINDUNGAN ANAK DARI PERKAWINAN SIRI BERDASARKAN PASAL 20 UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERLINDUNGAN ANAK Suardja, Tatang Odjo
Yustitia Vol. 5 No. 2 (2019): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v5i2.88

Abstract

With the presence of a child born from a legal marriage (registered marriage) both parents have proven that the child is a legitimate biological child of his father and mother. The legal consequences if the marriage is not registered (commonly known as "perkawinan siri"), the status of children born from the marriage will be uncertain. This is because the marriage of both parents is only religiously valid according to Article 20 Number 35 of 2014 of the constitution regarding the child protection. In this research, the method used is a normative juridical approach with data collection techniques in the study of literature both primary legal materials, secondary legal materials, and tertiary legal materials. This study analyzed and described the protection of children from unregistered marriage (perkawinan siri) according to Article 20 Number 35 of 2014 of the constitution regarding the child protection and the government's role of protection of the children based on the law. The theory of justice contains a demand that people treat each other according to their rights and obligations. The treatment is indiscriminate or favoritism, but rather, all people are treated equally according to their rights and obligations. A person born from a marriage between a woman and a man does not rule out that someone who is born by a woman who has never married is still a child.
PERLINDUNGAN ANAK DARI KONTEN BERBAHAYA MEDIA ELETRONIK DIKAITKAN DENGAN UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERLINDUNGAN ANAK Kartini, Murtiningsih
Yustitia Vol. 5 No. 2 (2019): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v5i2.90

Abstract

Children are the hope of a nation. They are our next generation, and in their hands thefuture of this nation will be laid. As the successor of the nation, it is necessary for thepresent generation to provide protection to them from moral damage caused by the use ofdangerous content in printed and electronic media, especially content that containselements of violence and pornography. This research used normative research methodwhich is based on the study of legal materials from the literature and is as a process tofind the rule of law, legal principles, and legal doctrines in order to answer the contents ofthe law encountered. The legal protection for children and women is indeed an absolutething to be done by the government. They are the institution responsible for the continuityof an orderly, peaceful and prosperous community life. The legislation that regulates thelegal protection of children from dangerous content in printed and electronic media is stillgeneral. There are no specific rules aimed at providing legal protection for children fromdangerous content that might be present in printed and electronic media.
PERLINDUNGAN KONSUMEN ATAS WANPRESTASI DEVELOPER TERHADAP BANGUNAN KPR BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Arifin, Jajang
Yustitia Vol. 5 No. 2 (2019): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v5i2.91

Abstract

The binding agreement on the sale and purchase of land and buildings is a preliminary agreement prior to the signing of the legitimate deed of sale and purchase, containing the provisions of sale and purchasing regulations, which stipulates the legal provisions of the sale and purchases party. The parties bound in the agreement should mutually carry out their obligations and accept their rights. The developer is obliged to build and give the land and its buildings to the consumer. This study used a doctrinal legal research model with the method of statutory approach. The research specification is analytical descriptive which refers to the use of secondary data. In this study, the researcher examined the legislation and other literature data which were subsequently analyzed qualitatively. This study intended to determine the legal protection for consumers of developers who do default, and to find out sanctions for developers who do default on consumers based on the constitution No. 8 of 1999 concerning consumer protection. After conducting a complete study or analysis of this case, it can be concluded that the buyer as a consumer is entitled to get legal protection for defaults from the developer. It is because between the two, there is a bond in a binding agreement of sale and purchase. The developer has violated article 8 section (1) letter f, article 7 letter a, article 4 (letters a, b, c and h), article 16, article 19, and article 62 section (1) and (2) of the constitution regarding the consumer protection law (UUPK). Other criminal threats for developers who build housing without the comply from the agreed criteria, specifications, and requirements, are set out in article 134 in conjunction with article 151 number 1 of 2011 of the constitution concerning housing and settlement areas, namely a maximum fine of 5 billion rupiah.
PUTUSAN NO (NIET ONTVANKELIJK VERKLAARD) TERHADAP PERBUATAN WANPRESTASI Suhendar
Yustitia Vol. 5 No. 2 (2019): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v5i2.92

Abstract

This research was conducted in Indramayu Regency, precisely in Indramayu District Court by conducting direct interview in Indramayu District Court as a basis for comparison and a basis for reference in answering research questions. In addition to the field research, the researcher also conducts literature studies by reading, analyzing, and gathering information from books, literature, laws and other supporting regulations that have relevance to the issues discussed in this study. This research used empirical juridical research method, which is based on the study of legal materials and interviews as a process to find the rule of law and legal principles, in order to answer the legal problems encountered. This study intended to determine the implementation of the award which states that the lawsuit could not be accepted as well as the basis of the judge's judgment in the decision with the lawsuit that is not accepted regarding the the case Number; 35/Pdt.G/2014/PN.Idm. concerning acts of default in the Indramayu District Court. The results obtained by the researcher through this study are (1) the implementation of the verdict with a lawsuit is not acceptable (Niet Ontvankelijk verklaard) regarding Case Number 35/Pdt.G/2014/PN.Idm. The verdict with an unacceptable lawsuit is the fault of the plaintiff in formulating the lawsuit. It is also become part of the court's negligence in implementing the mandate of Article 119 HIR/143 Rbg of the constitution which authorizes the head of the district court to give advice and assistance to the parties to prevent the imperfect claim.
PUTUSAN VERSTEK KASUS PERCERAIAN SEBAB ADANYA PIHAK KETIGA DALAM RUMAH TANGGA BERDASARKAN PUTUSAN PENGADILAN NEGERI NOMOR 27/Pdt.G/2015/PN.Idm Yamin, Syaefullah
Yustitia Vol. 5 No. 2 (2019): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v5i2.93

Abstract

A birth bond is the bond that can be seen and revealed the existence of legal relationship between a man and a woman to live together as husband and wife. In other words, it is called a formal relationship. This formal relationship is real in the binding matter and for the third party. A mental bond should be an informal relationship. It has to be a bond that is unseen, unreal, and only felt by an inner bond-the parties concerned. This inner bond is the basis of the birth bond. It could be used as a foundation in the building a happy family. Article 209 of BW decides that there are only 4 types of reasons which could be used as the basis for a marriage divorce. They are committing adultery with a third person (cheating), leaving the residence on purpose, receiving criminal punishment with imprisonment for 5 years or more after marriage, and injuring or persecuting by one party to another. It is feared that his death will be persecuted, or there are dangerous injuries existed. In this research, the researcher used the method of normative juridical approach. It is a study of the principles of law, legal systematics, level of law, synchronization of law, legal history, and comparative law. This research studies the case file writing No.27/pdt.G/2015?PN.Idm. While in terms of their nature, this research is a descriptive research. In this research, the researcher intends to obtain a juridical review of the verdict on divorce in case No.27/pdt.G/ 2016/PN.idm. The reason for filing a divorce application in case Number 27/Pdt.G/2015/PN.Idm is because between the plaintiff and the defendant as husband and wife, there are often quarrels existed. It makes the plaintiff and defendant's household not harmonious.
TINDAK PIDANA CYBERBULLYING BERDASARKAN UNDANG -UNDANG NOMOR 11 TAHUN 2008 DIKAITKAN DENGAN PUTUSAN NOMOR 68/PID.PRAP/2015/PN.JKT.SEL Hamja
Yustitia Vol. 5 No. 2 (2019): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v5i2.94

Abstract

Cyber ​​bullying is one form of intimidation by someone, and discrediting others through the cyber world bullying. The consequence of the cyber bullying is not arbitrary. Sometimes, death becomes the end of cyber bullying. The characteristics of activities in the cyber world that are cross-border and no longer obey the boundaries of traditional law require responsive law. This is because certain articles in the criminal code are considered inadequate to answer legal issues that arise due to activities in the cyber world. Article of the criminal code that is relevant to cyber bullying is article 310 and article 311 of the criminal code. The research method used in this study is a normative juridical approach with data collection techniques in the study of literature both primary legal materials, secondary legal materials, and tertiary legal materials. The purpose of this study is to find out the provisions of criminal acts against cyber bullying regulated in article 310 of the criminal code, and how criminal sanctions against cyber bullying in decision Number 68/Pid.Prap/2015/PN.Jkr.Sel. In this study, it could be concluded that the provisions of criminal acts in the world of cyber bullying are hostile acts carried out consciously and intentionally that aim to hurt, such as frightening through the threat of aggression and causing terror. It includes planned or spontaneous actions that are real or invisible, in front of someone or behind someone, easy to be identified or hidden behind friendship, carried out by a child or a group of children. Because the perpetrators of cyber bullying are also anonymous accounts whose truth of identity is difficult to find, even though the victim has reported the perpetrator's account for his actions, but the process of finding the identity of the perpetrator is quite time consuming.

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