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Kodrat Alam
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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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Strategi Penegakan Hukum Tindak Pidana Korupsi Dalam Rangka Membangun Negara Yang Adil dan Makmur Suratno, Ujang
Yustitia Vol 1 No 5 (2008): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v1i5.19

Abstract

Since its existence, corruptions IS NOT A NEW THING IN Indonesia. There are a lot of problems faced by Indonesia after corruptions becomes a great problem. The longer time of the corruptions in Indonesia it brings influence in co-opting the government system in Indonesia. Law enforcement dealing to corruptions criminal act has been done, but there is still no improvement of reducing corruption problem, it becomes violent and arbitrary. The effect of corruption is very serious , it affects in every fields of life, such as economy, politic, social and also culture , even worse it affects to humanitarianism, so corruption includes to an extra ordinary criminal. Law enforcement now a days has not yet touched the main cause of corruption, even the law upholders sometimes do not know the strength and weakness, and also chance and obstacle in facing up the problem wether consciously or unconsciously, this conditions is aggravated with bad morality. Therefore the perspective of management strategy in eliminating corruption is trying to find out the solution.
Peranan DPD Dalam Sistem Ketatanegaraan RI Perspektif Sosiologis dan Hukum Suratno, Ujang
Yustitia Vol 1 No 7 (2009): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v1i7.20

Abstract

Regional Representatives Council (DPD) is a new state institution in Indonesia's state system. Regional Representatives Council was born on a national agreement to replace the position of regions an factions representatives. In socioantropologist perpective, Regional Representatives Council is intended to accomodate all kinds of local people aspiration that are not conveyed through the political parties. There for, the role of DPD should be recognized and felt by the people in their region. However, the fact shows that Regional Representatives Council is lees fuction to accomodate regional aspiration. This condition caannot be separated from to juridical aspect, Regional Representatives Council (DPD) is only assigned to porpose and discuss certain bills for certain aspect, and also to keep eyes on the implementation of the law, without being given a role to take decision.
Kriminalisasi Kebijakan Pejabat Negara Dalam Perspektif Tindak Pidana Korupsi Suratno, Ujang
Yustitia Vol 2 No 1 (2011): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v2i1.22

Abstract

In doing its duty, the government has power related to : (1) the making of law and policies under the law (2) define beschikking which is individual, concrete and final (3) the real and active administration actions, and (4) freis ermessen, wether beleid or dicretion. All actions above are included in state administration action. But, that can be categorized as a corruption when there is materele wederechtelijkheid indication, detournament de povouir and abus de droit.
PERKEMBANGAN TANGGUNG JAWAB PEMEGANG SAHAM PERSEOAN TERBATAS DALAM UNDANG-UNDANG NASIONAL MENGGANTIKAN HUKUM WARISAN KOLONIAL Rohendi, Acep
Yustitia Vol 4 No 1 (2018): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v4i1.26

Abstract

Law No. 40 of 2007 concerning Limited Liability Companies (UUPT) revokes Law Number 1 Year 1995 concerning Limited Liability Companies (UUPTL). This UUPTL replaces the provisions of a limited liability company inherited from the Dutch East Indies contained in the Commercial Code (KUHD) stipulated in the Third Section concerning Limited Liability Companies starting from Article 36 to Article 56 KUHD. The shareholders who are regulated in the UUPTL and the KHUD are not personally responsible for the agreements made on behalf of the Company and are also not responsible for the Company's losses in excess of the value of the shares they have. The KUHD also states that shareholders are not responsible for more than the full amount of their shares. Its development after being determined by the Company Law in 2007, the responsibility of the shareholders is not absolutely valid. The liability is unlimited and personal responsibility is fully imposed on the shareholders of the limited company in the 2007 Company Law. If the shareholders of a limited company violate or fulfill the elements stipulated in Article 3 paragraph (2) of the Company Law, or known as the Piercing The Corporate Veil principle (disclosure of the company's veil). This development is a sanction to shareholders of a limited liability company, which in the previous provision was unknown.
PERBANDINGAN HUKUM HARTA KEKAYAAN PERKAWINAN DALAM PERJANJIAN PERKAWINAN BERDASARKAN UU NO. 1 TAHUN 1974 TENTANG PERKAWINAN DENGAN KOMPILASI HUKUM ISLAM Karim , Atoillah
Yustitia Vol 3 No 1 (2017): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v3i1.27

Abstract

Marriage in Marriage treasure agreement lawful if it does not violate the law and decency. And it does not violate the rules set forth in Article 29 of the Marriage Law on Treaties and Agreements Marriage Marriage in Islamic Law Compilation is quite clear, because these agreements are legally valid and it does not conflict with Islamic law. The marriage agreement also must be made according to the provisions described in Article 47 Compilation of Islamic Law. Marital Agreement can regard segregation of assets together and pooling innate property, the division of conjugal rights and obligations in terms of taking care of children outside nature that have been defined, and so forth. If the marital agreement that has been made by either party breached such agreement can be canceled and can be used as a reason for divorce to cancel or terminate the marriage bond
TATA KELOLA ANGGARAN DESA YANG BERSUMBER APBN DALAM RANGKA MEWUJUDKAN PEMBANGUNAN MASYARAKAT PINGGIRAN BERBASIS PEMERATAAN PEMBANGUNAN PEDESAAN DALAM PERSPEKTIF NAWA CITA (STUDI KASUS DI WILAYAH CIAYUMAJAKUNING) Sugianto, Sugianto; Leliya, Leliya; Ubaidillah, Ubaidillah
Yustitia Vol 4 No 1 (2018): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v4i1.28

Abstract

Rural development in an integral part of regional development and national development as an effort to improve the quality of community’s life. The implementation of this rural development program is very important in the context of national development because rural areas occupy the largest portion in the entire country. The purpose of this study was to find out the village budget management sourced from the state budget in order to realize rural community development based on rural development in the perspective of Nawa Cita and the role of the village government in running the Nawa Cita program on peripheral community development on village government budget management based on people’s interest in order to realize equitable development. This study used a qualitative approach in order to investigate and understand the phenomena such as what happens, why it happens, and how it happens while understanding a social situation, events, and interaction roles. Data collection was carried out by conducting interview with the Head of BPMPD Department of Cirebon Regency, the Head of BPMPD Department of Kuningan Regency, the Head of BPMPD Department of Majalengka Regency and the Head of BPMPD Department of Indramayu Regency and all village heads in Cirebon, Indramayu, Majalengka, and Kuningan Regions. As well as the data were obtained from the documents in regency, disctrict, and village. The result of this study showed that village as the frontline of the development has strategic role in the success of the Nawa Cita Program. The village budget management is based on the principle of transparency, accountability, participatory, efficient, effective, orderly and budgetary discipline by paying attention to the justice principles, propriety and benefits for the village community. The implementation of activities in the APBD is carried out by the implementing team consisting of the elements from village apparatus and community institutions and supervised by the BPD, at the end of each fiscal year the Village Head has the obligation to submit a village government management report (LPPD) to the regional head through sub-district head and submit information to the LPPD to the BPD.
MODEL PENYULUHAN HUKUM BERBASIS AGAMA DALAM MENCEGAH PRAKTIK PROSTITUSI DI KABUPATEN SUBANG hamja, hamja; Supomo , Aris
Yustitia Vol 3 No 1 (2017): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v3i1.29

Abstract

This study was carried out in Subang which has many places of prostitution. The objectives of the research are: (1) review the practices of prostitution phenomenon that occurs in Subang (2) assessing the implementation of legal counseling with religion basis in preventing the practices of prostitution (3) designing a legal counseling model based on religion in preventing practices of prostitution. The result of research has showed that there is an indication of religion lack of influence activity in the prostitution localization caused by several things: (1) the influence of religious activity in the prostitution localization is being ignored by the local community. (2) the lack of religion tolerance still occur in the brothel. (3) the lack of localization prostitution citizens on religious activities in mosques. (4) the conversion of prostitute still look forced, not because there is no intention to stop repeating the job.
KASUS PT PANCA PUJI BANGUN DI SURABAYA DIKAITKAN DENGAN PASAL 91 AYAT (1) JO PASAL 185 UNDANG-UNDANG NOMOR 23 TENTANG KETENAGAKERJAAN Eka Sukarini, Eri
Yustitia Vol 4 No 1 (2018): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v4i1.30

Abstract

A work relationship is a relationship between a worker / laborer and an employer / employer that occurs after the employment agreement or based on a work agreement that has elements of work, wages and orders. Therefore, legal relations between workers and employers are bound by the existence of a work agreement. The purpose of this article is to report how to resolve industrial relations; to reveal wages according to the Labor Law; to report cases related to employment. The findings and discussion indicate that industrial relations disputes are differences of opinion which result in conflicts between employers or joint entrepreneurs with workers / laborers or trade unions because of disputes regarding rights, interests, termination of employment, and disputes between trade unions in one company . The procedures for resolving Industrial Relations Disputes (PHI) are in accordance with Law Number 2 Year 2004 concerning Settlement of Industrial Relations Disputes (PHI Law), namely: Bipartite Negotiations, Tripartite Negotiations, Mediation, Councils, Arbitration, Industrial Relations Court. From the case of PT Panca Puji Bangun regarding the wages of workers / laborers not in accordance with Surabaya City Minimum Wages, the case was resolved through the Industrial Relations Court (PHI).
PENGADILAN TINDAK PIDANA KORUPSI DAN TINDAK PIDANA PENCUCIAN UANG Subihat, Ihat
Yustitia Vol 4 No 1 (2018): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v4i1.31

Abstract

The act of corruption is a violation of every person’s life as stipulated in Article 28A of the 1945 Constitution. As a result of corruption that has been detrimental to the country’s finance or the country’s economy, it also impedes the growth and sustainability of demanding national development high efficiency. For this corruption case, a court for corruption case has been established. Meanwhile, Money Laundering as stipulated in Law No. 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes, does not have a special court but is often put together with a court of corruption. A court of corruption is the only court that has the authority to examine, hear, and decide the cases of corruption and money laundering crimes whose original crime is a criminal act of corruption; and/or criminal acts which are explicitly stated in other laws as criminal acts of corruption. The problem is how the litigation of corruption and criminal acts of money laundering are incorporated in an indictment of corruption and money laundering. This study used the descriptive method with a normative juridical approach. Data collection was carried out through library studies by collecting data in the form of legal materials; primary, secondary and tertiary legal materials. The analysis technique of this study was descriptive analysis that analyze the process and institutions based on legislation. The results of this study showed that the Corruption Eradication Act regulates materially and formally, so there are exceptions to the principles that are generally regulated in the Criminal Code (KUHP), Criminal Procedure Code (KUHAP) (Lex Specialist Derogate lex Generalis). The modes of money laundering are carried out in various ways. Judging from TPPU modes, it seemed true that TPPU is a stand-alone crime when using cumulative charges is more appropriate. The legal policy of the Corruption Crime Act and Money Laundering Lay (TPPU) related to the rule of law which is the basis of legality for Beneficial Ownership Criminal Liability (BO) as well as its position in Deelneming theory is a topic that must be formulated n the Action Bill Criminal Crime and Money Laundering Crime Bill (TPPU), whether effective evidence for Beneficial Owners (BO), doctrinal or the teaching snares. In the future politics of law enforcement in eradicating corruption and TPPU leads to Beneficial Ownerds (BO) is not enough as long as only the physical actors or stop at the actors revealed in the investigation. Besides the beneficial owner, it is also necessary to regulate criminal liability for legal entities that are used to save the proceeds of money laundering
POLITIK HUKUM DAN SISTEM PEMBANGUNAN HUKUM PIDANA INDONESIA Indra Ariska, Dudung; Arifin, Jajang
Yustitia Vol 3 No 1 (2017): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v3i1.32

Abstract

The development of Indonesian law is an actualization of the existence of a state of law (the Rule of Law) and also it is an effort to build a quality of Indonesian people, where development of this law will not be separated from the role of political law that gives the direction of our legal system will run. Development should not ignore changes of law in the structure of society and the changing times. Therefore a good law is a law that can respond to the needs of society, therefore the law can also be referred to as a means of social engineering (law as a tool of social engineering) In the implementation of the formation of draft laws to be made, not only should observe the policies of the law, will but it is also very important to note in this case forming elements of a draft law, which the constituent elements are matters relating to the principles of both the formal principle that is the form of the draft legislation and the principles of materiel concerning the content or substance of the bill and then the foundations up to the charge of material that will be described in the draft legislation. Thus benefit from the establishment of these laws can be felt by the entire people of Indonesia, also in this case do not ignore this aspect of the rule of law itself, which is a function of the formation of a statute.

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