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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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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.
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.
PERLINDUNGAN HUKUM BAGI KREDITUR DALAM PERJANJIAN FIDUSIA Nurmelinda, Moya
Yustitia Vol. 7 No. 1 (2021): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v7i1.128

Abstract

Fiduciary is the transfer of ownership rights to an object on the basis of trust provided that the object whose ownership rights are transferred remains in the control of the owner of the object. While the Fiduciary guarantee in accordance with Article 1 paragraph 2 of Law no. 42 of 1999 is a security right on a movable object, both tangible and intangible and immovable objects, especially buildings that cannot be encumbered with mortgage rights. 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 fiduciary and mortgage rights. The results in this research can beexplained that as referred to in Act No. 4 of 1996 concerning Mortgage Rights which remains in the control of the fiduciary, as collateral for the repayment of certain debts and gives priority to other creditors. Fiduciary guarantees can be carried out and stipulated in afiduciary certificate which is authorized by a notary. With this certificate, it can also be used as a protection for both parties, both as a borrower and as a lender, no one is harmed.
KEWENANGAN PEMERINTAH TERHADAP ORGANISASI OLAHRAGA PSSI Suparman, Yusup
Yustitia Vol. 7 No. 1 (2021): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v7i1.129

Abstract

The existence of the PSSI organization in Indonesia has its own uniqueness. This uniqueness can be seen from their status as members of FIFA in the international world and as a sports organization that has the status as a legal entity in the country of Indonesia whose existence is a member of the Indonesian National Sports Committee (KONI). In the concept of this scientific paper using the normative juridical research method. 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 statute and position of PSSI both in Koni membership and in FIFA membership. The PSSI statutes also explain the existence of PSSI as a member of FIFA, so the existence of the PSSI statute explains that the existence of PSSI in Indonesia is an independent organization and its existence as a member of FIFA, so that the regulations established by PSSI are based on rules made by FIFA. In Indonesia, PSSI is a sports organization, this existence is based on the provisions in Article 35 paragraph (1) of the Act No. 3 of 2005 concerning the National Sports System, namely "in sports management, the community can form a sports branch organization". However, the existence of sports organizations in Indonesia is also coordinated with the Indonesian National Sports Committee (KONI).
OPTIMALISASI STRATEGI POLMAS GUNA MENDUKUNG PENERAPAN PROTOKOL KESEHATAN SELAMA PANDEMI COVID-19 DALAM RANGKA TERWUJUDNYA SITUASI KAMTIBMAS YANG KONDUSIF Alam, Kodrat; Dadan Kusumah, Asep
Yustitia Vol. 7 No. 1 (2021): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v7i1.130

Abstract

Many people have not implemented health protocols in carrying out their daily activities is a special phenomenon that deserves serious attention from various parties, including elements of the Police in it. This is possible considering the implementation of the main functions and duties of the Police in the field of Kamtibmas which can reach up to the smallest units in society through the implementation of the Community Policing (Polmas) strategy. Polmas through adjustments to the implementation of the main functions and duties of Bhabinkamtibmas as Community Policing Bearers (Polmas) which are oriented towards achieving increased public awareness and compliance in implementing health protocols. In this concept, the researcher 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 writings as study material that can support the completeness of this scientific work Specifically regarding adjustments to the implementation of the main functions and duties of Bhabinkamtibmas as Community Policing Carriers (Polmas) which are oriented towards achieving increased public awareness and compliance in implementing health protocols, the implementation is carried out with the support and involvement of the Police and Community Partnership Forum (FKPM).
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.
ASPEK HUKUM WASIAT WAJIBAH UNTUK AHLI WARIS ANAK KANDUNG YANG BERBEDA AGAMA DALAM PUTUSAN MAHKAMAH AGUNG NOMOR 51 K/AG/1999 Darmawan, Wahyu
Yustitia Vol. 7 No. 1 (2021): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v7i1.132

Abstract

The barrier to inheritance or mawani 'al-irth is a barrier to the implementation of inheritance between the heir and his heirs. One of the barriers to the implementation of war is religious differences. Religious differences are one of the barriers that can cause a person to not be able to receive inheritance from someone who has died. The existence of these religious differences becomes a barrier to inheritance which has been explained based on a hadith of the Prophet Muhammad SAW: "It is not right for a Muslim to respect an infidel, nor do an infidel respect a Muslim" (HR Bukhari & Muslim). Research Methods in this scientific 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. From the results of the research that has been done, it can be concluded that the position of non-Muslim children on the inheritance of heirs who are Muslim is not as heirs because Islamic Inheritance Law does not recognize the existence of heirs to people of different religions (nonMuslims).However, according to the Panel of Judges and, according to Islamic inheritance law, heirs who are not Muslim, cannot be heirs, but because Islamic inheritance law in Indonesia contains an egalitarian principle, relatives who are religious other than Islam who have blood relations with the heirs can get the share of inheritance by using a mandatory will without exceeding the share of heirs who are equal to it, this is in accordance with the Decision of the Supreme Court.

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