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Jurnal Akta Yudisia
Published by Universitas Borneo Tarakan
ISSN : 25022253     EISSN : 26865963     DOI : -
Core Subject : Humanities, Education, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
Jurnal Akta Yudisiaaims to develop legal sciences with focus on providing original essay, legal commentaries, responses to article printed to the journal, both establishes and emerging academic and practioners. Jurnal Akta Yudisia published on January and July. It contains articles on doctrine and scholarship.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 127 Documents
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PENYETARAAN JABATAN ADMINISTRASI KE DALAM JABATAN FUNGSIONAL DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 5 TAHUN 2014 TENTANG APARATUR SIPIL NEGARA Prianto Prianto
JURNAL AKTA YUDISIA Vol 7, No 1 (2022): JURNAL AKTA YUDISIA VOLUME 7 NOMOR 1
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v7i1.4280

Abstract

AbstractThe Ministry of State Apparatus Empowerment and Bureaucratic Reform simplified the bureaucracy by trimming the positions of echelon III and Echelon IV by issuing Minister of State Apparatus Empowerment and Bureaucratic Reform Regulation Number 17 of 2021 concerning Equalization of Administrative Positions into Functional Positions. This equalization of positions aims to create a more dynamic and professional bureaucracy as an effort to increase effectiveness and efficiency to support the performance of government services to the public. In principle, the goal of equalization is for a system of career development and employee welfare.Based on the background, the issues raised in this research are, first, the Equalization of Position Arrangements in the PANRB Regulation Number 17 of 2021 concerning the Equalization of Administrative Positions into Functional Positions, and the second problem is the Career Pattern of Functional Positions as a result of Equality in the Perspective of Law Number 5 of 2014 concerning the State Civil Apparatus. In this research, the type of normative legal research is used, with the approach used is the Statute approach and the conceptual approach.The results of the research show that legally, Permenpan RB Number 17 of 2021 is contrary to Law Number 5 of 2014 concerning ASN and Government Regulation Number 11 of 2017 concerning PNS Management. The mechanism for removing administrative positions through the Permenpan RB is normatively contrary to the Elucidation Chapter of Article 7 paragraph (2) of Law no. 12 of 2011 concerning the Establishment of Legislation which states that every principle that lower laws may not conflict with higher laws. The equalization of administrative to functional positions as a solution actually presents an ineffective and efficient bureaucracy which will certainly greatly impact ASN's future career pattern. Keywords: Regulation, Equalization, Career Patterns, Functional Positions, Administrative Positions
MORALITY IN DIGITAL DEMOCRACY Syarafina Dyah Amalia; Riris Ardhanaris; Tenang Haryanto
JURNAL AKTA YUDISIA Vol 8, No 1 (2023): Akta Yudisia Volume 8 Nomor 1 Tahun 2023
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v8i1.4224

Abstract

AbstractDuring the COVID-19 pandemic in almost all countries of the world, human activities were physically completely paralyzed and replaced by new ways through the help of technology and digitalization. Starting from work, school, and other communication needs to be carried out online, the delivery of opinions and aspirations related to the government is also carried out through online methods. Through the digital world, especially on social media platforms, discussions about a policy or new hope for government can be carried out by anyone and at any time, of course, this is an ease in realizing democracy. But unfortunately, behind this convenience, there are several problems that arise due to too easy communication through the digital world. These problems include the misuse of social media as an opinion-raising tool for certain parties, widespread fake news with invalid sources, rampant use of inappropriate language in digital communication, and other forms of unlimited freedom that no one can contain when communicating digitally. The inadequacy of internet users creates a lack of ethics in the use of communication technology. Through this article, the author will examine the phenomenon of digital democracy in terms of morality. The research was conducted using the literature review method, and it is expected that the results of this research will have an impact on internet users, especially for policy making.Keywords:  digitalization, democracy, morality
PROBLEMATIKA PENERAPAN PRINSIP NON REFOULEMENT DALAM PENANGANAN PENGUNGSI DI INDONESIA Korpus Kristi Yohanes Darmo
JURNAL AKTA YUDISIA Vol 6, No 2 (2021): Jurnal Akta Yudisia Volume 6, Nomor 2
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v6i2.4112

Abstract

Indonesia, a country that does not ratify the 1951 Convention and the 1967 Protocol, is indirectly bound by the principle of non-refoulement. The attachment occurs since Indonesia has approved various provisions in international law comprising the principle of non-refoulement. Moreover, the principle is acknowledged as a juz cogen in international law, although in its application, there are both binding and causal clauses that can be excluded by the state. The enforcement of the non-refoulement principle ultimately poses some problems for Indonesia in handling foreign refugees. The first problem is that the existence of refugees is against Indonesian immigration law which upholds a selective policy. Secondly, a status determination, fully mandated by the United Nations High Commissioner for Refugees (UNHCR), does not have clear standards which in turn creates new problems. Then, the vague implementation of resettlement also becomes an issue for Indonesia, in which not all refugees can get resettlement. The 1951 Convention and 1967 Protocol mandate UNHCR to carry out voluntary repatriation, local integration and resettlement as a permanent solution for refugees; however, refugees in Indonesia cannot implement the local integration. Presidential Regulation Number 125 of 2016, a legal protection for handling foreign refugees in Indonesia, cannot be categorized as positive law based on the lex specialis principle of Law Number 6 of 2011 on Immigration. Hence, Indonesia must immediately revise Presidential Regulation Number 125 of 2016 on Handling Foreign Refugees, make efforts to review the status of refugees rejected in the resettlement process and draw up regulations for handling refugees in the form of a law.
PENEGAKAN HUKUM OLEH PETUGAS SYAHBANDAR PELABUHAN TARAKAN DALAM RANGKA KESELAMATAN PELAYARAN Syafruddin Syafruddin; Syamsul Bahri
JURNAL AKTA YUDISIA Vol 7, No 1 (2022): JURNAL AKTA YUDISIA VOLUME 7 NOMOR 1
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v7i1.4281

Abstract

AbstractThe aim of the study was to analyze the implementation of the law enforcement authority of the Tarakan Harbor Master in the context of shipping safety and the philosophy of the function of the Tarakan Harbor Master's authority in the context of law enforcement for shipping safety. Based on the legal issues studied, this research is directed at the peculiarities of jurisprudence which are normative in nature, so the type of this thesis research is normative legal research, namely research that examines issues regarding the harbor master of Tarakan Port in the framework of law enforcement for shipping safety. The results of the study show that the application of law enforcement authority for Class III Tarakan Port Syahbandar in the context of shipping safety, is divided into 2 (two), namely law enforcement that is implemented in a preventive and repressive manner. Preventively, namely law enforcement in the context of preventing acts against shipping laws, including: Supervising ships during the Covid-19 pandemic, supervising and monitoring ships that will sail; conducting sea patrols; make an appeal for the installation of passenger seat numbers; and do socialization. As for repressive law enforcement, its application includes: detaining captains who do not have sailing approval and confiscating ship equipment that does not meet shipping standards. Philosophically, the function of the authority of the harbor syahbandar in the framework of law enforcement for shipping safety is to reestablish the professionalism of the syahbandar as law enforcer in order to ensure maritime safety and security. That is, the essence of the function of this authority is to ensure the specific roles and duties of the harbor master, including the Class III Tarakan Port Master in law enforcement in the territorial waters of Indonesia. Keywords: Law Enforcement, Syahbandar, Class III Port of Tarakan
URGENSI PENGUATAN KEMAMPUAN INTELIJEN DETEKSI DINI POLDA BABEL GUNA MENCEGAH BERKEMBANGNYA PAHAM RADIKALISME Rahmat Robuwan
JURNAL AKTA YUDISIA Vol 8, No 1 (2023): Akta Yudisia Volume 8 Nomor 1 Tahun 2023
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v8i1.4225

Abstract

AbstractThis research is entitled "The Urgency of Strengthening Intelligence Capabilities for Early Detection of the Babel Regional Police to Prevent the Development of Radicalism". This research is motivated by the increasing threat of violent extremism that leads to terrorism in Indonesia, which has created a vulnerable condition that threatens the right to feel safe and the stability of national security. In efforts to prevent and overcome violence-based extremism that leads to terrorism, a comprehensive strategy is needed to ensure systematic, planned and integrated steps involving the active role of all stakeholders. The problem raised in this paper is how to implement legal policies in an effort to strengthen the intelligence capabilities of the Bangka Belitung Regional Police's common sense in order to prevent the development of radicalism? What are the efforts to strengthen the early detection intelligence capabilities of the Bangka Belitung Regional Police in order to prevent the development of radicalism? This research method uses an empirical juridical approach. The results in this study include that it is still not optimal, both the application of laws and regulations related to the prevention and eradication of radicalism as well as the ability to detect early Sie Tekintel Dit Intelkam Polda Kep. Bangka Belitung to Prevent the Development of Radicalism.Keywords: Strengthening , Intelligence, Radicalism
ANALISIS PENGGABUNGAN PERKARA GUGATAN GANTI KERUGIAN DALAM PERADILAN MILITER Destri Prasetyoandi
JURNAL AKTA YUDISIA Vol 6, No 2 (2021): Jurnal Akta Yudisia Volume 6, Nomor 2
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v6i2.4113

Abstract

Military Judicial is a mechanism for justice seekers to carry out efforts against what they have experienced in a criminal act involving Soldiers or Military Members. As a judiciary, the Military Court is also equipped with the authority to examine and decide upon an application for combination of compensation lawsuits cases submitted by victims or parties who feel aggrieved.The combination of compensation lawsuit cases is regulated in Article 183 Law Number 31 of 1997 concerning Military Courts. If an act which forms the basis of an indictment in a criminal case examination by the Military Court / High Military Court causes harm to another person, the Chief Judge at the request of the person who feels aggrieved may decide to combine the compensation lawsuit cases with his criminal case.Regarding the combination of these cases, mechanisms that are generally regulated by law must be implemented properly in order to not cause uncertainty or loss for the parties in litigation. Likewise, with regard to the legal status, if the decision is filed for appeal, it is necessary to consider the legal consequences regarding criminal and civil decisions. The existence of the provisions of Article 185 paragraph (1) of Law Number 31 of 1997 concerning Military Courts can be hesitancy for parties in a case considering that each of the decisions that are combined cannot stand alone and must go through the stage of appeal simultaneously, if the criminal verdict is an appeal submitted by both the military prosecutor and the defendant.
ASPEK HUKUM PENGENDALIAN DAN PEMANFAATAN RUANG TERMINAL KHUSUS COASTAL ROAD DALAM RENCANA TATA RUANG WILAYAH KABUPATEN NUNUKAN Yusi Novianto; Yahya Ahmad Zein
JURNAL AKTA YUDISIA Vol 7, No 1 (2022): JURNAL AKTA YUDISIA VOLUME 7 NOMOR 1
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v7i1.4282

Abstract

AbstractIndonesia as an archipelagic country with archipelago characteristics has an official number of islands around 16.056 with a water area of approximately 2/3 of its land area. Having a coastline of 95.181 km makes Indonesia’s coastal areas one of the most productive centers of economic activity. The economic potential should also be supported by the management of the coastal environment which has the potential to be damaged and polluted in coastal areas. Nunukan Regency, North Kalimantan Province, since its formation in 1999 has had a Regional Spational Plan in the form of Perda Number 19 of 2013 concerning Regional Spatial Planning for 2013 - 2033. Perda number 19 of 2013 contains a process system for spatial planning, spatial use, and spatial use control as an elaboration of Law Number 26 of 2007 concerning Spatial Planning and contains management of the coastal area of Nunukan Regency as a representation of the elaboration of Law Number 27 of 2007 concerning Management of Coastal Zone and Small Islands. Based on the report from the DPUPR-PERKIM audit team for North Kalimantan Province, it was found that there were indications of violations in the use of space for the community’s special terminal object (water jetty) on the coastal border of south Nunukan District. This study raises the issue of position and legal implications for the use of special terminal space based on Regional Regulation Number 19 of 2013. Researchers use welfare theory in studying its legal standing. And the implications of legal authority for the existence of special terminal using the legal theory of effectiveness. This type of research is normative legal research with data collection techniques based on legal materials combined with field data. The results of the study found a legal analysis that there was a discrepancy in the use of space for the position of a special terminal along the coastal border. As an implication of the legal position of a special terminal, legislation has provided legal protection and has provided clear and firms limits on prosecution. Spatial Law enforcement is carried out by forming Spatial Planning Civil Servants Investigators (PPNS) as a recommendation from the results of this study.Keywords: Legal Position, authority, local government, PPNS.
PARTISIPASI MASYARAKAT DALAM PENETAPAN WILAYAH PERTAMBANGAN MINERAL DAN BATUBARA DI INDONESIA Deni Yusdianto
JURNAL AKTA YUDISIA Vol 7, No 1 (2022): JURNAL AKTA YUDISIA VOLUME 7 NOMOR 1
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v7i1.4240

Abstract

AbstractMining activities are fundamentally an activity to optimize the utilization of mining natural resources (minerals) found in the earth. Minerals contained in the earth are processed and then used to be beneficial for the community. The mining sector has been recognized as a source of prosperity that contributes to Indonesia's national income. However, the management of mining activities still has serious problems, particularly regarding the lack of community participation in determining mineral and coal mining areas in an effort to achieve the fulfillment of the needs of the people at large to support sustainable national development in order to realize people's welfare and prosperity in a just manner. The lack of community involvement in determining mining areas will greatly impact the problems that arise as a result of the impact of mining management carried out by a mining company. Therefore community participation is very much needed because it can minimize the main problems that often arise in the mining industry, namely economic, social and cultural problems in mining areas. Based on this background, the issues raised in this study are, first, how is the transformation of the regulation of Community Participation in Determining Mineral and Coal Mining Areas in Indonesia, and the second problem is how ideal Reconstruction is regarding community participation in determining mining areas. This research uses a type of normative legal research, with the approach used is the statutory approach, the conceptual approach and the case approach.The results of the research show that essentially, public participation in determining mining areas is very clearly regulated by several normative rules, both through Law Number 3 of 2020 concerning Minerals and Coal as well as by several Constitutional Court Decisions including Constitutional Court Decision No. 32/PUU- VIII/2010. Furthermore, reconstruction also needs to be carried out to provide new space for community participation through the institutionalization of community participation by establishing a village-level Licensing Institution that functions to control and assess social costs resulting from mining activities.Keywords: Public Participation, Community Participation, Mining Area
TINJAUAN HUKUM KEAMANAN SIBER DALAM MENGHADAPI EKONOMI DIGITAL PADA ERA KONTEMPORER Nabila Alif Radika Shandy; Abhinaya Wahyu Satrio
JURNAL AKTA YUDISIA Vol 8, No 1 (2023): Akta Yudisia Volume 8 Nomor 1 Tahun 2023
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v8i1.4221

Abstract

AbstractTechnology is one of many important factors in economic activities. Many sectors in Indonesia that are growing up lately. Meanwhile, technology always comes together with the internet. the information and communications technology development recently is like a double-edged sword, which brings a positive impact to humanity for digital economy purposes or for negative purposes like cyber crime. Cybercrime in Indonesia frequently happens like breaches on personal or group of people's data. Many cases of breached data in Indonesia in 2020 until 2022 are increasing. These cases not only strike the government sector, but also on the e-commerce sector. This research contains one research question, how is the implementation of cyber security law in dealing with the digital economy in the contemporary era? The research method used in this research is juridical-normative using primary, secondary and tertiary legal materials. Then, using the legislation and case approach. This research gives results, which is the law's role on cyber security in dealing with digital economy recently is not yet at maximum level, because PDP's law still contains deficiencies, then in order to face digital economy, the next step is to pass the bill of security and cyber resilience to become a law.Key word: Cyber security, Digital Economy, Contemporary Era.
PENERAPAN METODE DISTRIBUTIF DALAM MENENTUKAN JUMLAH BAGIAN HARTA BERSAMA Basaruddin Basaruddin
JURNAL AKTA YUDISIA Vol 6, No 2 (2021): Jurnal Akta Yudisia Volume 6, Nomor 2
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v6i2.4109

Abstract

Common property is property a type of property which is obtained by a married couple during their marriage. When a divorce happe, the formerly married couple filled a lowsurt in order to obtain or split one property they once belong. The court usually divide the cuealth base on the regulation namely 50/50, this decision usually trigred dissatisfaction of one party because the decision was deem unfair. The distribution method appars as alternative method to solving problem by revieuming of how much the contributied from formerly married couple during their marriage.This thesis focuses on whether “distributive justice” is able to be solve the problem by determining the number of common property divition. With the distributive method, it is possible to determine the share of the ex-husband and ex wife based on the contribution made during the household. This distributive method determines the share of each property that is owned proportionally. The justice to be realized in this method is to give same rights to ex-husbands or exwives according to the portion or distribution made when building a household.This thesis illustrates that distributive justice is one of solution/alternative that is able to answer the problem of determination the number of common property divitions both formerly married couple by prioritizing the fair divition and professionally.

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