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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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PEMBAYARAN UANG PENGGANTI DAN APLIKASINYA DALAM TINDAK PIDANA KORUPSI Indra Ariska, Dudung
Yustitia Vol 4 No 2 (2018): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v4i2.43

Abstract

Currently, the issue which is becoming a very big problem is the Corruption Crime. Both corruption carried out openly or clandestinely are all crimes that are very detrimental to society and the State. State losses in corruption are one of the elements that must be proven by the Public Prosecutor, especially for the proven state losses. Corruption Crime also recognizes the efforts of the perpetrators to return the corrupt money to the state. The case of returning the results of corruption to the state as a remedy for the Defendant in freeing himself from the snare of corruption charges. Payment of this substitute money should not exceed the amount of money which was corrupted, so it is expected that the lost state finances can be returned. However, it is not easy to get a replacement payment, since the problems that will be found in practice are very diverse in their problems, even if the money from corruption needs to be found, it must be traced in advance.
KEWENANGAN PELAKSANA TUGAS MENTERI DALAM MENGAMBIL KEPUTUSAN DAN TINDAKAN YANG BERSIFAT STRATEGIS BERDASARKAN UNDANG - UNDANG NOMOR 30 TAHUN 2014 TENTANG ADMINISTRASI PEMERINTAHAN Egi Dwitama, Sigit
Yustitia Vol 4 No 2 (2018): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v4i2.45

Abstract

One form of decree that is included in the scope of state administration is a Ministerial Decree, which is a decision determined and issued by a minister who is always concrete-individual in the form of administrative stipulations (beschikking). However, not all departments and/or government officials such as the Minister have the authority to form these decisions, because in forming decisions can be seen from the status of government officials as an example of the Ad Interim Minister who does not have the authority to issue strategic decisions. But different problems arise when there is Ad Interim of Energy and Mineral Resources Minister Luhut Binsar Pandjaitan issued Decree Number 6752 K / 70 / MEM / 2016 concerning Dissolution of Ad Hoc Organizational Units in the Ministry of Energy and Mineral Resources, which basically was a strategic decision. This study is a legal research using a normative juridical approach and descriptive analytical research specifications. The data used in this study are secondary data consisting of primary, secondary and tertiary legal materials. Data obtained through library studies and field research in the form of legislation, books, journals, and electronic media. The results of this study consist of 2 (two) analyzes, namely First, the position of the Acting Decree of the Minister of ESDM does not have legal validity because there is a disability when viewed from the aspect of authority, formation process, and the purpose of its establishment with legislation and AUPB and Second, towards legal validity which is not possessed by the Minister's decree executor, the decree becomes invalid and a mechanism is needed to cancel the decree.
SENGKETA ANGGOTA PARTAI POLITIK DALAM PENGUSUNGAN CALON BUPATI DIHUBUNGKAN DENGAN PUTUSAN PENGADILAN NEGERI INDRAMAYU NOMOR: 30/PDT.G/2015/PN.IDM Abas, Suhendar
Yustitia Vol 3 No 2 (2017): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v3i2.46

Abstract

The recent dispute of political party members is the Gerindra Party which nominates its members in the elections of Indramayu District Head 2015, but does not resort to a settlement mechanism through the Party Court in Gerindra as stipulated in Article 32 Paragraph (2) of Law Number 02 Year 2011 About the amendment of Law Number 02 Year 2008 on political parties.
TINJAUAN HUKUM MENGENAI PERLINDUNGAN TENAGA KERJA INDONESIA DIHUBUNGKAN DENGAN PRINSIP STANDAR MIMUM INTERNASIONAL DALAM PERSPEKTIF HAK ASASI MANUSIA Sumartini, Siti
Yustitia Vol 4 No 2 (2018): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v4i2.47

Abstract

Problems of Indonesian Workers (TKI) is never complete, this is caused by many factors that lie behind it. Cases of physical violence, unpaid salaries, sexual ravings to the death penalty of defending. can be drawn a legal issue that focuses as follows; What is the Shape of Protection Against TKIs working in other countries in a human rights perspective? and How can the International Minimum Standards Principle be applied as a form of protection to labor migrants?. This research is done by using normative juridical method. This juridical approach is due to this research by analyzing the legal aspects that exist, and is normative since this study focuses more on the analysis of existing legislation and other regulations, both from national and international perspectives, as well as using data secondary data that is scientific references or other scientific writings as a study material that can support the completeness of this scientific work. Legal protection regarding TKI is an absolute must be done by the Indonesian government, given the TKI is a foreign exchange hero for the country.
PENEMUAN HUKUM HAKIM MAHKAMAH KONSTITUSI DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 21/PUU-XII/2014.MK KASUS PROYEK BIOMEDIASI PT.CHEVRON BACHTIAR ABDUL FATAH Suratno, Ujang
Yustitia Vol 4 No 2 (2018): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v4i2.48

Abstract

Judicial authority in Indonesia is carried out by a Supreme Court and the Constitutional Court which has the authority to examine laws against the 1945 Constitution of the Republic of Indonesia and decide on the authority dispute of state institutions whose authority is granted by the 1945 Constitution of the Republic of Indonesia. The Constitutional Court in examining the Law against the 1945 Constitution became a polemic related to the prejudicial object which was finally answered through the decision of the Constitutional Court (MK) number 21 / PUU-XII / 2014. The Constitutional Court granted part of the application for corruption convictions in the case of PT Chevron Bachtiar's Abdul Fatah biomediation project, one of which examined the prejudicial object provisions which were polemic, especially after the South Jakarta District Court's prejudicial has canceled the status of suspect Commissioner Budi Gunawan (BG) by the KPK. This study is a legal research using a normative juridical approach and descriptive analytical research specifications. The data used in this study are secondary data consisting of primary, secondary and tertiary legal materials. Data obtained through library studies and field research in the form of legislation, books, journals, and authoritative electronic media. The results of this study are 2 (two) explanations, namely First, Constitutional Court Judges have made legal inventions by providing interpretations and limitations on what can be the object of prejudicial in criminal procedural law by testing it against the constitution and seeing whether the KUHAP Articles tested are contradictory with constitutional rights. Secondly, the Constitutional Court uses several interactive techniques used by member judges in decision number 21 / PUU-XII / 2014. In the joint decision, the judges used Authentic, Systematic, Grammatical, Historical, Extensively and sociological interpretation techniques. This can be seen in the decision of point one stating a phrase which means interpreting the law using grammatical techniques
PENERAPAN OTONOMI DAERAH DALAM DESENTRALISASI KORUPSI DI DAERAH Kholik, Saeful
Yustitia Vol 3 No 2 (2017): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v3i2.50

Abstract

The Article 18 of 1945 Constitution explains about the governance system in Indonesia recognizes the existence of central government and local government. The formation of local governance is based on the conditions of the vast territory of the country. Broad regional autonomy has the elaboration of decentralization in its entirety ideally the implementation in broad regional autonomy must have a principle of Democracy, Justice, Equity, Empowerment and Community Participation focused on increasing Economy in the region Each with the principle of Decentralization, but the implication of this declaration also makes the corruptors in the area more freely covered in a public policy or Public Policy is covered in an idea and the realization of activities in the area.
PENEGAKAN HUKUM BERDASARKAN PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2012 TENTANG PENYESUAIAN BATASAN TINDAK PIDANA RINGAN DAN JUMLAH DENDA DALAM KITAB UNDANG-UNDANG HUKUM PIDANA DIKAITKAN DENGAN PUTUSAN PENGADILAN NEGERI INDRAMAYU NOMOR: 79/PID.C/2013/P Hidayat, Taufik; Arifin, Jajang
Yustitia Vol 3 No 2 (2017): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v3i2.51

Abstract

Theft as arranged in Article 362 of the Criminal Code, it is a basic principle of theft of crime in general, so that Law Enforcement Apparatus such as Police, Prosecutor and Judge in handling theft cases refer to that Article. Whereas in addition to the article there is also article 364 of the Criminal Code which regulates specifically about theft limits of not more than Rp. 2.50, - (two hundred and fifty rupiah) is a light theft. The Supreme Court on February 27, 2012 has issued the Supreme Court Regulation Number 2 of 2012 on Adjustment of Limitations of Light Criminal Act and Penalties in the Criminal Code to be referred to the Law Enforcement Apparatus in Handling Light Theft. The study aims to examine the detention procedure conducted by the investigator and the prosecutor against the defendant in the criminal case register No. 79 / Pid.C / 2013 / PN.Im pursuant to the Supreme Court Regulation Number 2 of 2012 on Adjustment of Mild Crimes and Amount of Penalties in the Criminal Code, and to know the legal considerations of the Panel of Judges in the judgment of the defendant in a criminal case register Number: 79 / Pid.C / 2013 / PN.Im.
PENGGUNAAN PERAGKAT LUNAK ILEGAL COMPUTER BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK DAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA Kusuma Heryawan, Hangga
Yustitia Vol 3 No 2 (2017): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v3i2.53

Abstract

Many of the problems concerning illegal software that occur in Indonesia, installing windows programs circulating in the community do not pay attention to the authenticity of devices installed in the computer, so the software installed on the computer is not genuine. The use of illegal software becomes a common habit in the community, because the nominal factor is cheaper and affordable. Because of the convenience factor, people do not know the rules governing the use of illegal software, which is detrimental to the creator.
PERLINDUNGAN ANAK DARI PERKAWINAN SIRI BERDASARKAN PASAL 20 UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERLINDUNGAN ANAK Supomo, Aris
Yustitia Vol 3 No 2 (2017): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v3i2.54

Abstract

By the presence of a child born from a legal marriage (marriage recorded) both of his parents have proven that the child is a legitimate biological child of his father and mother. The legal consequences if the marriage is not recorded (generally known as "siri marriage"), the status of the child born from the marriage will be uncertain, because the marriage of both parents is only religiously valid. Based on Article 20 of Law Number 35 of 2014 concerning Child Protection. This research is done by using normative juridical method. This juridical approach is due to this research by analyzing the legal aspects that exist, and is normative since this study focuses more on the analysis of existing legislation and other regulations, both from national and international perspectives, as well as using data secondary data that is scientific references or other scientific writings as a study material that can support the completeness of this scientific work To find out, analyze and describe, Protection of Children from Siri Marriage Based on Article 20 of Law Number 35 of 2014 concerning Child Protection and the Government's Role on the Protection of Children from Siri Marriage Based on the law. This theory of justice contains a demand that people treat each other according to their rights and obligations, such treatment is indiscriminate or favoritism, but, everyone is treated equally according to their rights and obligations. Justice is fundamentally described by Aristotle in the fifth book of the Nicomachean Ethics book. To find out about justice and injustice must be discussed three main things, namely (1) what actions are related to the term, (2) what is the meaning of justice, and (3) between two extreme points whether justice is located.
ANALISIS PERBEDAAN PENGATURAN ANTARA UNDANG - UNDANG NOMOR 13 TAHUN 2016 TENTANG PATEN DAN KETENTUAN TRIPs AGREEMENT TERHADAP PERJANJIAN LISENSI PATEN Suratno, Ujang
Yustitia Vol 3 No 2 (2017): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v3i2.56

Abstract

The arrangement of patent license agreements regulated in Law Number 13 of 2016 concerning Patents is the result of the ratification of the TRIPs Agreement as an Agreement on Aspects of Intellectual Property Related to Trade Policy or the Trade Related Aspects of Intellectual Property Rights. However, problems arise when the provisions of the patent license agreement regulated in Law No. 13 of 2016 concerning Patents and TRIPs Agreement have many interpretations and harm one party in their implementation. Therefore the author intends to conduct an analysis of the differences in patent license agreement arrangements in Law No. 13 of 2016 and TRIPs Agreement and the impact resulting from the different arrangements in Law No. 13 of 2016 concerning Patents with TRIPs Agreement related to patent licensing agreements. This study is a legal research using a normative juridical approach and descriptive analytical research specifications. The data used in this study are secondary data consisting of primary, secondary and tertiary legal materials. Data obtained through library studies and field research in the form of legislation, books, journals, and electronic media. The results of this study are divided into two, namely First, the factor in the differences in patent licensing arrangements in the Patent and Trips Agreement Law is the consequence of ratification which requires that international agreements be accommodated by following Indonesia's national interests and not violating the laws and regulations above. Second, the existence of two different arrangements relating to patent licensing agreements causes many interpretations in practice to lead to patent licensing agreements that contain monopolistic practices towards license recipients, so that agreements become null and void because they do not fulfil objective legal requirements, namely halal causality.

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