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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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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

Sektor pertanian saat ini merupakan sektor yang identik dengan ketidakpastian (Uncertainty) karena bergantung pada musim yang berpengaruh negatif terhadap hasil pertanian bahkan para petani berisiko untuk gagal panen dan juga rusaknya prasarana pertanian. Kekhawatiran ketidakpastian ini, menimbulkan kebutuhan akan perlindungan asuransi. Akan tetapi terdapat perbedaan pandangan tentang bencana alam antara Polis Asuransi Usaha Tani Padi dengan Pasal 37 ayat (2) Undang-Undang Nomor 19 Tahun 2013 tentang Perlindungan dan Pemberdayaan Petani. Metode penelitian yang digunakan dalam penelitian ini menggunakan metode pendekatan Yuridis Normatif dengan teknik pengumpulan data secara studi kepustakaan terhadap bahan-bahan hukum, baik bahan hukum primer, bahan hukum sekunder dan bahan hukum tersier dan studi lapangan. Hasil penelitian menunjukan bahwa Penanggung adalah PT. Jasa Indonesia (Jasindo) sebagai pelaksana tunggal yang bekerjasama dengan Perusahaan Badan Usaha Milik Negara (BUMN) dalam memberikan subsidi premi, tertanggung yaitu Kelompok Tani Bojong Sari Desa Tempel, Kecamatan Lelea, Kabupaten Indramayu, Provinsi Jawa Barat dengan Nomor Polis sebagai berikut : 402.226.110.19.0072/000/000. Obyek yang diasuransikan yaitu padi sesuai dengan Keputusan Menteri Pertanian Nomor 40 Tahun 2015 tentang Fasilitasi Asuransi Pertanian. Pembayaran premi yaitu dari subsidi bantuan premi oleh Pemerintah sebanyak 80% serta petani menanggung sebanyak 20%. Penggantian kerugian asuransi hasil pertanian yaitu ganti rugi diberikan kepada peserta Asuransi Usaha Tani Padi apabila terjadi banjir, kekeringan dan atau serangan organisme pengganggu tanaman. Pertanggungan ditetapkan sebesar Rp. 6.000.000,- per hektar per musim tanam.
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.
UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN DITINJAU DARI LAW AS AN ALLOCATIVE SYSTEM Setiady, Tri; Salidja, Suhaendi
Yustitia Vol 7 No 1 (2021): YUSTITIA
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v7i1.15

Abstract

Many problems concerning food occur in Indonesia, we encountered food circulating in the community who do not heed the provisions on labeling, thus disturbing the public. Food trade expired, the use of dyes that are not intended for food, formalin, foods containing preservatives, or acts of other consequence is very detrimental to the community, it can even threaten the health and safety of human lives, especially for children in general, this cas ususally through of fraud on the food label. label is falsified or misleading adverse effects on human health and development.
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).
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.
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.

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