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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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PRODUK MAKANAN TIDAK SESUAI SPESIFIKASI BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Yamin, Saefullah; Arta Uli Sihaloho, Sari
Yustitia Vol. 7 No. 1 (2021): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v7i1.134

Abstract

Consumer Protection is a form of legal protection given to consumers in their efforts to meet their needs from things that can harm the consumers themselves. Therefore, talking about consumer protection means questioning guarantees or assurances about the fulfillment of consumer rights. In the legal field, this term is still relatively new, especially in Indonesia, while in developed countries consumer protection is discussed along with the development of industry and technology. In this study formulate the problem of how the legal protection of consumers for defective food products and how the responsibility of business actors for defective food products. The research method used is a normative juridical approach with data collection techniques through library research, both primary legal materials, namely reference books and regulations related to consumer protection, secondary legal materials, and tertiary legal regulations. The purpose of this study is to find out how the legal protection of consumers for defective food products and describe how the responsibility of business actors for defective food products. The theory used in this study uses the rule of law theory and the theory of legal protection. In this study, it can be concluded that consumers' rights are protected against products that are not in accordance with what they should be. In the case of sausages containing maggots, it is hoped that business actors or PT. So Good Food compensates for losses and improves quality control in producing its products.
PENETAPAN TEMPAT KHUSUS PARKIR DI KAWASAN OBJEK WISATA KULINER CIMANUK INDRAMAYU BERDASARKAN PERATURAN DAERAH NOMOR 16 TAHUN 2017 PENYELENGGARAAN PERPARKIRAN DI KABUPATEN INDRAMAYU Siregar, Syamsul Bahri; Susanti Dwi Sonjaya, Suchi
Yustitia Vol. 7 No. 1 (2021): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v7i1.135

Abstract

The increasing use of private transportation, now more and more public places that provide vehicle storage facilities in their area. This vehicle storage is better known as parking by the community. In Article 1 No. 14 of the Regional Regulation of Indramayu Regency Number 16 of 2017 concerning Parking Management which states that parking can be interpreted as a state of stopping or not moving for a while and being abandoned by the driver. The existence of a parking lot is very helpful for the community, especially for those who have vehicles, you can imagine if there is no parking space. 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 Regional Regulation of Indramayu Regency Number 16 of 2017 concerning Parking Management. The purpose of this study is to find out where special parking spaces can be established in the Cimanuk Indramayu culinary tourism object based on Regional Regulation Number 16 of 2017 concerning Parking Implementation and to find out the management of parking special areas in Indramayu based on Regional Regulation of Indramayu Regency Number 16 of 2017 concerning Parking Implementation. The results of this study indicate that in the implementation of Parking Management in Indramayu Regency, it has been regulated in the Regional Regulation of Indramayu Regency Number 16 of 2017 concerning Parking Management and has been in accordance with applicable regulations. But in its implementation, this is not like that because in implementation, the parking lot is a utility, only useful for local governments for regional income but for the community it is very burdensome.
PENERAPAN PRINSIP KEHATI-HATIAN BANK DALAM PENCAIRAN DANA NASABAH DIHUBUNGKAN DENGAN UNDANG-UNDANG TENTANG PERBANKAN Eka Sukarini, Eri; Juliastuti, Shofi
Yustitia Vol. 7 No. 1 (2021): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v7i1.136

Abstract

Banks, especially commercial banks, are not only financial intermediaries from those with surplus funds to those with deficit funds, but are also the financial foundation of every country engaged in business activities and the various services provided. Banks serve and launch payment system mechanisms for all sectors of the economy. As a financial institution, bank activities are based on the trust of customers who can be accounted for by the bank. The Bank as an Intermediary institution carries out its business activities based on banking principles and rules, one of which is the Prudential Principle which must be applied. Themethodology used in this research is a normative juridical approach, namely by collecting library data by examining library materials or secondary legal materials. In this case, by examining the legal issues contained in Court Decision Number 38/Pdt.G/2017/PN.Idm and Act Number 10, 1998. The precautionary principle as a form of legal protection forcustomers indirectly to anticipate losses to customers. Which should be implemented properly to maintain customer trust, but in its implementation the precautionary principle has not been applied optimally. This has been encountered in one of the cases where the bank was deemed not to have maximally implemented the prudential principles. Proof (validation) of the system, the Bank should apply the precautionary principle but in its implementation the Bank causes losses to customers and the loss of customer trust in the Bank.
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)
STRATEGI TATA BANGUNAN PADA RUMAH TAHANAN KELAS IIB HUMBANG HASUNDUTAN Simatupang, Jessica Tio Minar; Padmono, Padmono
Yustitia Vol. 8 No. 1 (2022): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v8i1.145

Abstract

This study aims to determine the strategy of building design in Humbang Hasundutan Rutan Class IIB. The type of research used is normative-empirical research. Primary data from specialist interviews and secondary data from literature study were used as data types. The data obtained from the study were analyzed using qualitative methods with descriptive decomposition. Based on the results of the study, it was found that the concept of the Humbang Hasundutan Class IIB Rutan building was not in accordance with the standards for the type of prison technical implementing unit, as stated in the Decree of the Minister of Law and Humanity No. M. 01. OT. 01/01/2003 concerning the Technical Correctional Institution Development Plan and the Details of the Population Assessment Standards according to the Decree of the Director General of Corrections Number PAS-499. NS. 02.03.01 of 2015 concerning Standards for Assessment of Rutan or Prison Employees. The set of policies and regulations that implement the prison system requires housing assessments as a tool to gather information and determine actual versus expected situations.

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