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Jurnal Yustika: Media Hukum dan Keadilan
Published by Universitas Surabaya
ISSN : 14107724     EISSN : 26557479     DOI : http://doi.org/10.24123/yustika
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law;, Medical Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 69 Documents
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Status Kepemilikan Bangunan dan Sarana di Atas Tanah Objek Build, Operate, And Transfer Dalam Kepailitan Pemilik Tanah Michelle Yaputri Budiman
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Vol. 21 No. 02 (2018): Jurnal Yustika: Media Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (387.898 KB)

Abstract

Capital and land constraints encourage parties to establish mutually supportive and profitable cooperative relationships, then manifested in the form of an agreements, one of them by Build, Operate, and Transfer Agreement (BOT). The possibility of a problem in the BOT agreement is quite large, for example when a BOT agreement is in progress, the Land Owner has a debt and can’t afford to pay the debt, then the land owner can be declared bankrupt based on the Commercial Court’s verdict. One of the cases is the bankruptcy of PT. X (as a land owner) in 2014, 21 years before the verdict, which is 1993, PT. X had a BOT agreement with PT. Y (as a builder). The main issues in this thesis are: 1. Are the buildings and the golf courses built by the builder above the debtor’s land which is bound with BOT agreement which the debtor is declared bankrupt before the transfer, including in bankrupt assets?; and 2. What are the legal protection for the builder as the BOT receiver due to the bankruptcy of land owner? This research is a normative legal research uses statute approach, conceptual approach, and case approach. The results of this research is the buildings and all the facilities which are built by the builder are not including in bankrupt assets because Indonesian Land Law adheres to the principle of horizontal separation, so as long as no transfer has occurred the land owner only has the land, the buildings and all things which are built by builder belong to the builder. The legal protection for the builder as the BOT receiver due to the bankruptcy of the land owner are the curator can continue the BOT agreement based on Article 36 Law of Bankruptcy and Suspension of Obligation for Payment of Debts, make a novation, and the builder can file a compensation and then will become a concurrent creditor.
PERLINDUNGAN HUKUM TERHADAP PEREMPUAN KEKERASAN DALAM RUMAH T ANGGA Anastasia Innutrisniyati
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Vol. 14 No. 1 (2011): Jurnal Yustika : Media Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Surabaya

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Abstract

Domestic violence is a form violence against women that occurs continuously and dangerously, because of the violence has been prevalent for people in various countries. Patriarchal cultural factors, economic, gender, sexual, wrong understanding of religion, infidelity, jealousy, and other causes of violence against women in the household. Legal protection for women victims of domestic violence regulated in Act Number 7 of I 984, Act Number 39 of 1999, Act Number 23 of2004, and 1945 constitution amandment of paragraph 1 of Article 28G and paragraph 2 of Article 28H. However, the protection of the law for women victims of domestic violence will be hampered if the existing legal system has not been responsive to the interests of women.
Kewenangan Penyidik Menetapkan Rehabilitasi Tanpa Penetapan Pengadilan pada Kasus Penyalahgunaan Narkotika Reza Setyawan; Anton Hendrik Samudra
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Vol. 22 No. 01 (2019): Jurnal Yustika: Media Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (271.594 KB) | DOI: 10.24123/yustika.v22i01.2029

Abstract

This article reviews criminal justice process in deterring drug abuse case, discussing rehabilitation as a part of criminal sanction and the implementation or existence without court ruling or decision. Several rules and regulations discussed in resolving this matter include Law Number 35 of 2009 concerning Narcotics and Government Regulation Number 25 of 2011 concerning Mandatory Implementation of Narcotics Addict Report. The article was a part of bachelor’s degree thesis, conducted using normative legal study with case approach method. The case discussed is about rehabilitation of drug abuser Without Court’s order. The research finding is investigator do not have authority to place the drug abuser under rehabilitation. It is supposedly by court’s order.
LARANGAN PENGASINGAN TANAH DALAM HUKUM ADAT PERSPEKTIF HUKUM AGRARIA NASIONAL I Made Suwitra
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Vol. 14 No. 1 (2011): Jurnal Yustika : Media Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Surabaya

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Abstract

Adat Lands as a communal lands nowadays are helds individually. Adat lands in the forms of "Pekarangan Desa" or "Ayahan Desa" actually have Religious-Communalistic Characteristic. These kinds of Adat Lands is sticked with "Ayahan" as an individual obligation of the holders as dedication to their Adat Villages. Recently some of those Adat Lands has been converted into fully individual's land according to the Law Number 5 of 1960. It affected these land has no Religious-Communalistic characteristic anymore, but only has social function in the secular concept. Nowadays, the exiles of adat lands in some Adat Villages in Bali could not avoided potentially emerging conflict. There is no clear understanding of the meaning of "holding process", "holder" and "exiles" which understood as the subject of the rights context, not to the status of the land's context.
Formulasi Pertanggungjawaban Pidana Korporasi Dengan Adanya Peraturan Mahkamah Agung No. 13 Tahun 2016 Michelle Kristina
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Vol. 21 No. 02 (2018): Jurnal Yustika: Media Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (227.448 KB) | DOI: 10.24123/yustika.v21i02.1709

Abstract

The development of the concept of corporation not only had a positive impact but also followed by the development of crimes that could be done using corporations or also called corporate crime. Many laws and regulations that have accommodated corporation as legal subjects that can be asked for corporate criminal responsibility have not been followed by regulations governing procedures or procedures for examining corporations as perpetrators of criminal acts. This is very necessary because of the differences in characteristics between corporate crime and other conventional crimes. Responding to legal requirements that have been very urgent and there are distinct challenges for law enforcers because of the different treatment, then the Supreme Court issues Supreme Court Rules No. 13 of 2016. The problem regarding the procedure for corporate sentencing involved in criminal offenses is not only talking about material law but also about formal law or its procedural law. One of the aims and objectives of its formation is to fill the vacuum of criminal procedural law which until now has not regulated the procedures for handling corporations that carry out criminal cases. Supreme Court Rules No. 13 of 2016 is a legal rule aimed at assisting law enforcement officials in handling criminal cases with corporate actors and/or their administrators. This then became one form of thinking that could be the basis for assisting in the formation of criminal procedural laws governing corporations.
Penyelesaian Sengketa Terhadap Aktivitas Di Ruang Angkasa oleh Pihak Non-Negara (Privat) Muhammad Havez; Muhammad Insan Tarigan
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Vol. 21 No. 02 (2018): Jurnal Yustika: Media Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Surabaya

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Abstract

Recently, there are some complex issues regarding the use of outer space caused by the activities of private role in the outer space activities. One of the significant impacts that caused by private parties in outer space is international dispute settlement mechanism. Therefore, the purpose of this article is to find the international dispute settlement mechanism that can be taken on the cases that involve private parties. This article uses normative legal research, which using library research or secondary data, that consist of primary, secondary, and tertiary sources to answer the legal problems of this research. First, this article will discuss on dispute settlement in context of international law in general. Afterwards, it will be continued by elaborating dispute settlement mechanism in outer space that also involve private parties. There are some of international dispute settlement that mentioned on Article 33 paragraph (1) United Nations Charter, such as negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice. International Court of Justice (ICJ) is one of dispute settlement mechanism that can be use in international law. However, in the reality ICJ only solve dispute that involved state to state, thus dispute that related with private parties in outer space cannot be solved through ICJ. Referring to ITU Convention and Constitution 1992, dispute settlement that involve private parties in outer space can be solved through diplomatic channel and international arbitration.
Poligami Tanpa Izin Isteri Dalam Perspektif Hukum: Bentuk Kekerasan Psikis Terhadap Isteri Rizkal Rizkal
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Vol. 22 No. 01 (2019): Jurnal Yustika: Media Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (242.936 KB) | DOI: 10.24123/yustika.v22i01.2017

Abstract

In general, the Law of Marriage in Indonesia adheres to the principle of monogamy, although it does not rule out the possibility for husbands to have wife of more than one person at a time, or known as polygamy. The polygamy marriage desired in Article No. 1 of 1974 concerning Marriage and in the Compilation of Islamic Law is conditional polygamy, where the husband is permitted to marry polygamy with the provisions that must meet the juridical requirements stated in the Marriage Law and KHI. One of the requirements is that there is an agreement or permission from the first wife made in writing. Polygamy without the permission of the first wife will cause conflict in the household, namely psychological violence conflict suffered by the wife. So that the wife will ask for divorce because she feels betrayed by her husband. In such circumstances, the wife will feel very aggrieved by the act of polygamy secretly, the psychological disturbance due to betrayal by the husband, and other disadvantages are the wife is not entitled to a mut'ah post-divorce from the husband, because this divorce was submitted at will the wife herself.
PUTUSAN BEBAS (VRIJSPRAAK) DALAM KASUS KORUPSI Sriwati Sriwati
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Vol. 14 No. 1 (2011): Jurnal Yustika : Media Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Surabaya

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Abstract

The allegations of corruption by was due to the indictment from the Prosecutor (Jaksa Penuntut Umum) said that the Decree that made by to move local cash (Uang Kas Daerah) from Bank J to Bank B is against the rule especially Article 4 number 5 Regulation of the Domestic Affairs (Peraturan Menteri Dalam Negeri) No. 2 Year 1994 which have been changed by Regulation of the Domestic Affairs (Peraturan Menteri Dalam Negeri) No. 2 Year 1996 stated that the local cash (uang kas daerah) should be keep on the Bank Pembangunan Daerah or other Goverment Banks (Bank Pemerintah). However, after hearing on the court it is proved that the Regulation of the Domestic Affaris (Peraturan Menteri Dalam Negeri) No.2 Year 1994 about 1mplementation of State Budget Revenue and Expenditure (Pelaksanaan APBD) which have been changed by Regulation of the Domestic Affairs (Peraturan Menteri Dalam Negeri) No. 2 Year 1996 already not applicable and had been replaced with the Government Regulation (Peraturan Pemerintah) No. 105 Year 2000 especially on the Article 33 stated that the local cash (Uang Kas Daerah) should be save by the local treasurer on the bank with a good status, and Bank B had been proved as a bank with a good status.
Proses Pembuktian Penguasaan Narkotika yang Disimpan di Dalam Helm Sony Wijanarko
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Vol. 22 No. 02 (2019): Jurnal Yustika: Media Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/yustika.v22i02.2028

Abstract

This article aims to examine the truth of the possession of shabu-shabu Narcotics found in NS's helmets which allegedly mastered the Narcotics so it must be proven through the process of proof according to applicable formal law. Research in this paper uses a normative juridical research method, namely research that is examined using primary legal material consisting of legislation, jurisprudence. In addition to being studied using primary legal materials, this study was also conducted using secondary legal materials consisting of doctrines, principles, and scienti"c writings that can be found in various literature that are closely related to primary law relating to answering problems in this research.
Resultan Sistem Pemilu dan Sistem Pemerintahan terhadap Pelaksanaan Demokrasi di Indonesia Anajeng Esri Edhi Mahanani
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Vol. 22 No. 02 (2019): Jurnal Yustika: Media Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/yustika.v22i02.2388

Abstract

Problems related to the resultant electoral system and the government system are the focus of the discussion in this study. Types of electoral systems, as well as types of governmental systems are discussed to be able to be a study of the use of electoral systems and government systems. The purpose of discussing this problem is to analyze the electoral system and the government system that are compatible with the implementation of democracy in Indonesia. This research is discussed through normative analysis, and through qualitative methods. The results of the qualitative normative analysis can be seen as follows: First, the results of the analysis show that there is a resultant between the electoral system towards the implementation of democracy in Indonesia as seen from the theory of the people's unity and the representative system. The consultant becomes strong if the general election system used is a purely open proportional electoral system, namely the voter as the supreme sovereignty constitution, can know with certainty who the candidate is and will help determine who is the people's representative. Second, there is a result between the government system and the implementation of democracy, the theory of popular sovereignty and the system of representation. Parliamentary and presidential government systems have their own weak points and strengths. However, the presidential system applied in democratic countries in Indonesia is better, because it tends to be more stable in its accountability. Placing the highest sovereignty as the only party that accepts the responsibility of those who have been elected to the executive and parliamentary institutions. The concept developed is a system of political representation, not as a system of partisan representation . Keywords: Resultan, District System, Proporsional System, Presidensiil, Parlementary

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