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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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SISTEM PERADILAN DI INDONESIA BERDASARKAN UUD NEGARA REPUBLIK INDONESIA TAHUN 1945 Subihat, Ihat
Yustitia Vol 5 No 1 (2019): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v5i1.58

Abstract

A country’s judicial system cannot be separated from the legal system in force in the country. In other words, a country’s justice system is a sub-system of the country’s justice system. Because the legal system that applies in Indonesia is a legal system based on the Pancasila and the 1945 constitution of the Republic of Indonesia, the judicial system in Indonesia must also be based on Pancasila values and articles in the 1945 Constitution of the Republic of Indonesia. This study was conducted by using normative juridical method by reviewing various legal materials; primary, secondary and tertiary legal materials. While the data collection method was carried out through library studies. The analysis technique used descriptive method with prescriptive approach. The result of this study showed that the four judicial environments are under the Indonesia Supreme Court; general justice, religious justice, military justice and state administrative courts, as sub-judicial systems in Indonesia, each of which has an institutional, authority and legal structure separate events that differ from one another according to the specificity and absolute competence of each that cannot be mixed up. In contrast to other judicial environments which have adjusted to the changes in the new judicial power law, the institutional structure and authority of the courts within the military court which is part of the judicial system under the Supreme court of the Republic of Indonesia is still regulated in Law Number 31 of 1997 concerning Military justice and not yet adjusted to Lay Number 14 of 2004 concerning Judicial Power, because the Amendment Draft to the Law on Military Justice which had been discussed since 2005 has not yet been agreed upon by the DPR and the Government. Even when the Lay on Military Justice cannot be adjusted to Law Number 4 of 2004, on October 29, 2009 Law Number 4 of 2004 was revoked and then replaced with Law Number 48 of 2009 concerning the latest Judicial Power.
PERANAN HUKUM DALAM PENGEMBANGAN INDUSTRI PERTAHANAN SEBAGAI INDUSTRI STRATEGIS DIDALAM MENJAGA KEDAULATAN NEGARA KESATUAN REPUBLIK INDONESIA Purnamasari Faujura, Rahamanisa
Yustitia Vol 5 No 1 (2019): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v5i1.59

Abstract

Indonesia's geographical located between two continents and oceans, those are the Asian nd the Australian Continent, and the Indian and the Pacific Ocean, has made Indonesia to become a country with strategic position, both for the world trade route and inter-State relations. But on the other hand Indonesia has the sovereignty of the State that must be guarded and maintained from all kinds of threats both from within and outside. For this reason, Indonesia is required to have the capacity in the form of TNI defense equipment, which is adequate as the main instrument to protect territorial sovereignty and to safeguard national interests from the threats, challenges, obstacles and disturbances both from domestic and foreign. Therefore, the development of the defense industry is also needed. The main problem in this study is how does the law regulate the development of defense industry as Indonesia's strategic industry?The descriptive method of analysis with normative juridical was used in analyzing the problems of the development of the defense industry in facing the challenges, threats, and disruptions to the Republic of Indonesia's sovereignty as a consequence of the strategic location of Indonesia's geographical position. The results of the study show that the defense industry has a position as a strategic industry, because the primary weaponry defense system has important role in order to maintain the sovereignty of the State. Even though the regulation has been assigned in a law, namely Law Number 16 of 2012 concerning on the Defense Industry, but it has not been regulated by clear regulations and is tend to ad hoc, which is certainly not beneficial for the growth and development of the National defense industry. Law as a medium of renewing society must be able to make changes, so that it can direct where the national defense industry will be developed, so it is able to create companies that are reliable in producing defense equipment to preserve national sovereignty.
PEMBAHARUAAN HUKUM SISTEM PERADILAN PIDANA DALAM RUU KUHAP Indra Ariska, Dudung
Yustitia Vol 5 No 1 (2019): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v5i1.60

Abstract

More than thirty years of the Penal Procedure Code are implemented in Indonesia. Law No. 8 of 1981 concerning the criminal procedural law in the beginning was seen as a "great work" of the Indonesian people for respecting human rights in general, and especially for those involved in criminal cases. However, now the Penal Procedure Code is deemed no longer in line with "changes in the constitutional system and legal developments in the community so that it needs to be replaced with a new penal procedural law" (consideration of " the letter c" of the Penal Procedure Code). In the general explanation of the Penal Procedure Code (KUHAP), a number of indicators were put forward which showed that the Penal Procedure Code was outdated
PROBLEMATIKA PENEGAKAN HUKUM DAN NAWACITA JOKOWI-JK DALAM PERSPEKTIF HUKUM TATA NEGARA DI INDONESIA Sugianto, Sugianto
Yustitia Vol 5 No 1 (2019): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v5i1.61

Abstract

“Nawacita” and Constitutional Law needs to be a legal approach to make improvements to the legal system, in order to encourage enforcement of the law with justice, then at least have to involve three pillars consisting of: (1) the substantive law (legal substance), which include legislative reform; (2) legal structure (law structure), including human resources law-enforcement officers (human resource), entered in it anyway coordination among law enforcement officers; and (3) the legal culture (legal culture), both culture and public law enforcement officers or citizens in general. Then, constitutional law and can be answered correctly, can be practiced within their Constitutional Act and may be unenforceable government in running the government. The key factor to keep in mind, eliminating egosektoral government agencies. Do not stop until the Act, a similar effort was also made to the laws which are in the executive area, such as government regulations, a presidential decree and ministerial regulation
Potensi Perlindungan Terhadap Ilmu Pengetahuan dan Teknologi oleh Dosen di Perguruan Tinggi dalam Peningkatan Daya Saing Global Sudjana, Sudjana
Yustitia Vol 5 No 1 (2019): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v5i1.62

Abstract

This study discusses the potential of Intellectual Property protection on the creation of Science and Technology Development results by Lecturers in Higher Education and Intellectual Property Protection on the Creation of Science and Technology Development results in Universities in Improving Global Competitiveness.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 the study show that (1). the results of Science and Technology Development by university lecturers have the potential to obtain wealth protection in the field of Copyright and Patents, but do not rule out rights through other types of Intellectual Property. (2). Creation of Science and Technology development results that are protected by Intellectual Property and supported by the value chain and competitive scope will have high quality and reputation so as to enhance global competitiveness.
PAHAM KEDAULATAN NEGARA DITINJAU DARI SIFAT UNIVERSILATAS HUKUM INTERNASIONAL Sumartini, Siti
Yustitia Vol 5 No 1 (2019): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v5i1.63

Abstract

The power of theories regarding the principle of sovereignty and equality of the state began to diminish. Every independent country is a sovereign country. they are free to make policies to regulate the economic, political, legal and other systems within their country, however, today's development experiences a shift in meaning, what was previously the authority or full sovereign action of a country has diminished its understanding when the interests of other countries are disrupted or international needs require state sovereignty to be subject to universal rules and highest norms (erga omnes). In this study 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 in the form of legislation, books, journals, and authoritative electronic media. The results of this study are 2 (two) explanations, namely First. that state sovereignty does not conflict with the international legal system, that state sovereignty can be used in the framework of forming an international legal system. Secondly, the universality of international law provides restrictions on the sovereignty of the state to be applied properly and the principle of respecting universal values ​​in order to maintain human dignity and their life.
POLITIK HUKUM FUNGSI BANK SEBAGAI AGEN REKSADANA DI PASAR MODAL Setiadi, Tri
Yustitia Vol 5 No 1 (2019): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v5i1.64

Abstract

The politics of law in the field of Indonesian piracy associated with the function of banks as mutual fund agents in the capital market in the era of free trade must be able to accommodate the main objectives of regulating banking institutions, namely the stability of the banking institutions as described above. The involvement of banks as mutual fund agents must pay attention to risk management because mutual funds are investment products that have risks and can affect the relationship between the bank and its customers and have a large impact on public trust in the bank. The legal policy must be stated in the product of legislation that regulates banking and capital market investment in this case the involvement of banks in mutual funds. The law must be a guide in the relationship between banking institutions and society.
ARAH PEMBAHARUAN HUKUM NASIONAL DALAM MENGHADAPI ERA REVOLUSI INDUSTRI 4.0 Suratno, Ujang
Yustitia Vol 5 No 1 (2019): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v5i1.65

Abstract

Indonesia has some varieties of ethnic groups that are rich in diversity of intellectual property, there are so many products produced by society. The society creations especially created by the community are assorted, one of them is Paoman Batik. Thre are two kinds of Paoman Batik, those are contemporary and traditional, which is distinguished by its motives, processes, creators. The Paoman Traditional Batik is well-known to the public than contemporary. This research has supported the creators or copyright holders to get higher benefits, both the benefits of moral and economic rights. The main problem is, first, is the current intellectual property rights regime able to provide the foundation for the protection of Paoman Traditional Batik? Second, is the UNESCO's determination that stated if batik is a world heritage, non-object from Indonesia, can be used as the foundation to charge the economic rights of Paoman Traditional Batik? Third, is it possible for Traditional Batik, including Paoman Traditional Batik, to be carried out through other regimes, in addition to the intellectual property regime? Fourth, how is the effect of Paoman Traditional Batik Registered at the Directorate General of Intellectual Property of Indonesia on the Progress of Indramayu society? The research method used is descriptive specification, by using juridical empirical approach, which focus on secondary research consisting of legal materials, both primary, secondary and tertiary. However it is supported by primary data generated from field research through in-depth interview and survey techniques. The analysis used is descriptive analysis. The results of the study show that intellectual property rights that is copyright cannot be made as the foundation of protection against the creation of society that have traditional and communal motives, including the Paoman Tradsional Batik. The establishment of Batik by UNESCO as a non-object world heritage from Indonesia has increased the moral rights of Indonesia, but it also cannot be established as the foundation for restoring economic rights when there is a misappropriation. Another alternative to intellectual property is through the Sui Generis regime, which specifically addresses the protection of community rights, including intellectual property rights.
PENCEGAHAAN PENCEMARAN AIR SUNGAI CITARUM AKIBAT LIMBAH INDUSTRI Setiady, Tri
Yustitia Vol 3 No 2 (2017): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v3i2.67

Abstract

Law Number 32 of 2009 concerning Environmental Protection and Management aims to protect or prevent and overcome environmental pollution and / or damage caused by industrial processes in which this sector often pollutes and / or damages the environment and loss to the community. Domestic waste as a contributor to the biggest yeng river pollution is waste generation. This causes the river flow to be hampered and cause flooding. While the biggest contributor to river pollution in terms of industrial waste is the disposal of hazardous and toxic wastes that go directly to the river without any prior processing.
LOGICO-HYPOTHETICO-VERIFICATIF SEBAGAI METODA ILMIAH DALAM MENCARI ILMU PENGETAHUAN YANG BENAR Rohendi , Acep
Yustitia Vol 5 No 1 (2019): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v5i1.68

Abstract

Man's journey in finding the truth to overcome problems in his life, discussing various theories / flows in his time and continually developing complementary. Correlation of truth flow that emphasizes truth is in accordance with what is expected by humans or human experience. Arguments that are not in accordance with facts are not truth. Something is considered to be something that is in accordance with the facts (empirical). Contrary to this theory is the theory of Consistency, which confirms something that supports the truth that was previously questioned. The scientific method as a path of truth is used to get knowledge using Correspondence theory and Consistency theory. Combined theories of correspondence and consistency theory produce the term "Logico-hypothetico-verificatif" with all its advantages and disadvantages.

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