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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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FUNGSI HUKUM DALAM PERUMUSAN ANGGARAN PENDAPATAN DAN BELANJA DESA MELALUI BADAN PERMUSYAWARATAN DESA Sutrisno, Endang; Artadi, Ibnu; Khafdilah, Khafdilah; Widianti, Hesti
Yustitia Vol. 6 No. 1 (2020): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v6i1.96

Abstract

Village Consultative Agency (BPD - Badan Permusyawarat Desa) in implementing its function as a bridge connecting the village head with the village community must also carry out its main function as the representative. The problem arises is how does the legal order set issue of the Village Consultative Agency (BPD) on the perspective of the formulation of Village Revenues and Expenditures Budget (APBDes - Anggaran Pendapatan dan Belanja Desa) based on the legal basis of Government Regulation No. 72 of 2005 concerning the village. The next problem arises is what are the obstacles faced by the Village Consultative Agency (BPD) in carrying out its duties to prepare the Village Revenues and Expenditures Budget (APBDes). The process of formulating the Village Regulation has been carried out through the correct stages and in accordance with Law Number 6 of 2014 Jo Government Regulation Number 43 of 2014 concerning Jo Village Domestic Ministerial Regulation Number 111 of 2016 concerning Technical Guidelines for Regulations in the Village, namely through initiation, socio-political and juridical stages.
FUNGSI HAK ANGKET DEWAN PERWAKILAN RAKYAT UNTUK MELAKUKAN PENYELIDIKAN TERHADAP PELAKSANAAN UNDANG-UNDANG Sumartini, Siti; Arifin, Jajang
Yustitia Vol. 6 No. 1 (2020): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v6i1.97

Abstract

The inquiry right of the House of Representatives (DPR-Dewan Perwakilan Rakyat) is the right of the DPR to conduct an investigation of the implementation of laws/government policies relating to important things, strategic, and broad impacts on the life of the community, nation, and state suspected of being in conflict with the law regulations. The DPR's inquiry rights relating to the implementation of the DPR's oversight function are “an institutionalized system, involving the effectiveness and regularity of restrictions on government actions”. According to the definition above, the questions arise is what is the position of the inquiry rights in the implementation of the DPR's oversight function on the implementation of a law? What is the implication of the Constitutional Court's decision Number: 36 / PUU-XV / 2017 for the implementation of the DPR's inquiry right to the Corruption Eradication Commission (KPK – Komisi Pemberantasan Korupsi)? The study was conducted using a normative juridical approach (legal research). In this case, testing and reviewing secondary data are done relating to the problem to be discussed. The inquiry right is not the right to know about the possibility of a crime in a case. The inaccuracy in the conception of the inquiry right which is also shown in its implementation such as the DPR investigating the Bullogate, BLBI cases and others can (even) distort the function of the DPR in the formation of laws (legislation) or oversight of the implementation of government tasks and state spending, including the appointment of public officials in the form of public officials, approval or rejection, or in the form of giving consideration by the Parliament. Therefore, if the function is expected to be carried out effectively, dynamically, and naturally, changes to the MD3 Law must be initiated primarily by members of the DPR itself. There must be a strong desire from the members of Parliament to reposition themselves as representatives of the people who are aspirational and serve the interests of all the people they represent. This strong desire will manifestly manifest, if they are not restarted, because they are opposing the party's policy line.
PERGESERAN NILAI PILAR DEMOKRASI DALAM KERANGKA OTONOMI DAERAH Kholik, Saeful
Yustitia Vol. 6 No. 1 (2020): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v6i1.100

Abstract

In a government organization, the expertise of the law making is most accumulated. It enables the law making process to be easily done by law the enforcers. This fact causes the role of government to be central. It also lead to an access of government organizations to become very powerful over the functions of organizations that exist within and outside the government. Therefore, to avoid concentration of power in the hands of government organizations, the idea arises to hold a separation and division of powers. The emergence of a constitutional idea of ​​a rule of law basically changes the power of the government. It makes their existence is not too dominant to see the Indonesian government system recognizing regional government and regional autonomy which are basically capable of impacting in the system of pillars of the democratic legal order. The shift of legislative and executive power within the framework of regional autonomy has indeed occurred with the dynamics of a structurally structured and infrastructural political life. It has an authority over each of the institution's committees. It acts an important function and even considered as the main function of the parliamentary institution. Important function is the legislative institution that is the institution legislators or institutions that determine the making of the law.
POSISI PEREMPUAN KOTA CIREBON DI TINGKAT NASIONAL DAN JAWA BARAT Falatehan, Sriwulan Ferindian; Maemunah, Maemunah
Yustitia Vol. 6 No. 1 (2020): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v6i1.101

Abstract

The gender equality is included in one of human rights as a human being. The right to live respectfully, free from fear can also be free to make choices in life. All of these rights are not only intended for men, but also have the same rights as men. As a result of the need to support the family and the increasing level of education of women, the emergence of the issue of gender inequality began to be voiced in Indonesia since the 1960s. This issue became part of the phenomena and dynamics of Indonesian society that made women's position more equal to men. This study intended to determine the condition and position of women in the city of Cirebon, weaknesses and strengths in the IPM (Human Development Index), IDG (Gender Empowerment Index), and IPG (Gender Development Index). This study uses the Normative Juridical approach, which is research with an approach that is more emphasized on secondary data in the form of primary, secondary or tertiary legal materials. Until now, the city of Cirebon in the empowerment of women shows quite successful achievements, namely rank 5 for IPM, rank 3 for IDG, and rank 3 for IPG at the level of West Java Province.
PIDANA PEMISKINAN KORUPTOR PADA TINDAK PIDANA KORUPSI BERDASARKAN UNDANG-UNDANG PEMBERANTASAN TINDAK PIDANA KORUPSI Sugiarto, Agus
Yustitia Vol. 6 No. 1 (2020): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v6i1.102

Abstract

Corruption is a large and interesting problem as a legal matter concerning complicated crime types. It contains multiple aspects of economic relations, politics, social, and culture. Various efforts to eradicate corruption have been done. However, in terms of quantity and quality of the perpetrators the corruption is still increasing. It is necessary to prevent and reduce the occurrence of corruption cases. One of the discourses to tackle corruption in Indonesia is the impoverishment of corruptors. The research objective is to analyze the problems that have been formulated. The research method used is normative juridical with qualitative analysis. The results of the research and discussion of the thesis states that 1) the regulation of impoverishment of criminals against corruptors as one of the alternative sentences in corruption in Indonesia has not been explicitly regulated in legislation to eradicate corruption; 2) the obstacles faced in the application of criminal impoverishment or payment of compensation money for state financial losses of corruptors is difficult. It is difficult to find wealth owned by corruptors, either because it is hidden by means of naming other names, or indeed the convicted of corruption does not have any wealth.
REKONTRUKSI PASAL 7 AYAT (1), UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK, BERBASIS PRINSIP-PRINSIP INDIVIDUALISASI PIDANA DALAM HUKUM ISLAM Maemunah, Maemunah
Yustitia Vol. 6 No. 1 (2020): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v6i1.106

Abstract

Children are a trust and gift from God who has dignity and dignity as a whole human being. In order to safeguard his dignity, the child is entitled to special protection, especially legal protection in the justice system. In realizing the maximum child protection, requires a policy that supports the realization of maximum protection, with the issuance of Law Number 11 Year 2012, concerning the Juvenile Justice System. This is done because Indonesia as a State Party in the Convection of children's rights governing the principle of legal protection against children have an obligation to provide special protection for children in conflict with the law. In Article 7 Paragraphs 1 and 2 of the Law on the Juvenile Justice System, article 7 (1) At the level of investigation, prosecution and examination of cases of children in the district court must be endeavored Diversion, (2) Diversion as meant in paragraph (1) is carried out in the case of acts crimes committed: (a) are threatened with imprisonment of less than 7 (seven) years and (b) do not constitute repeat offenses. This study intended to examine and analyze the form of legal construction of the Juvenile Justice System specifically implementing diversion for victims with demands of less than 7 years. The research method uses a statutory approach, a case approach, and a comparative approach to the number of cases by reviewing and analyzing legislation, journals, cases, data and direct interviews. According to the results of the study, it is found that the implementation of legal penal system of the Juvenile Justice System (1) child cases is increasing, (2) diversion is carried out since the investigation up to the court, and there are still many that are done at a higher level, (3) have an understanding, that diversion must be sought, has a meaning that can be done at various levels so that diversion occurs at several levels, and often occurs at the Court level.
PERTUMBUHAN DAN CARA KERJA DPR-RI PASCA REFORMASI Yamin, Saefullah; Nurwahyuni, Nurwahyuni
Yustitia Vol. 6 No. 1 (2020): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v6i1.108

Abstract

Post reformation of the role and function of the House of Representatives of Republik Indonesaian (DPR RI) is returned to its corridor as a legislative institution that runs the legislative function (making laws/constitution), besides running budgeting fungction together with the president, and the oversight function of the implementation of the law and the budget in the administration of government carried out by the executive. Related to the lack of productivity of The House of Representatives (DPR) to carry out the legislative function, The performance evaluation of this legislation is not only seen in terms of the quantity of products made but its quality is also an important factor in assessing legislation products. The identification problems in this research are: What is the Position of the House of Representatives in the 1945 Constitution of the State of the Republic of Indonesia, and What is the Process of the Growth of the Post-Reformation House of Representatives. In this research the library research method will be used or library research. Regarding this kind of research it is usually also called "Legal Research" or "Legal Research Instruction”. The position of The House of Representatives (DPR) after the amendment of the 1945 Constitution four times turned out to further strengthen its existence as the sole legislator. Although in the 1945 Constitution the amendment results also gave the President authority, but the authority he owned was not as big as The House of Representatives (DPR). And the process of the growth of the House of Representatives (DPR) Post-Reformation has strengthened the authority of the legislative instituion, in this case the House of Representatives of Republik Indonesian (DPR-RI) to maximize its role and function as a check and balances institution, after being strengthened, the House of Representatives (DPR) becomes tyrannical over the executive even over the state, because of its power and authority so great.
PENANGANAN PELANGGARAN SERTA PERAN APARATUR SIPIL NEGARA (ASN) SEBAGAI PENCIPTA IKLIM KONDUSIF DEMOKRASI DALAM PENYELENGARAAN PEMILU Suhendar, Suhendar; Rachmi Kusumah, Riva
Yustitia Vol. 6 No. 1 (2020): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v6i1.109

Abstract

Neutrality is an important capital for the State Civil Apparatus (ASN) as the government organizer. However, it is not easy to realize the principle called neutrality. There are several factors that make it difficult for ASNs to be neutral. First, the massive amount of ASN. ASN has a good understanding of the government's governance policies, as well as the authority possessed by the country's civil apparatus. Various regulations related to elections both in the handling of violations and the state civil apparatus are indeed well structured, but they should be able to reduce the potential behavior of the community, election participants and election organizers, but the potential for violations in the general election yesterday was large enough so that the authors are interested in researching deeper, based on Indonesia being a state of law both the government and its people must obey and abide by existing laws, but unfortunate law made easily by the public is one of the regulations related to general elections, this paper focuses on the role of the state civil apparatus in organizing general elections and handling election violations in the Indramayu district
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.

Page 15 of 24 | Total Record : 238

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