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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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The Corporate Responsibility of the Cleanliness Department For Waste Management Jennifer
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Vol. 25 No. 02 (2022): 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.v25i02.4847

Abstract

Garbage is one of the environmental problems that become global problems that have not had a way out. In Indonesia alone, waste management that carried out by the Department of Sanitation has not been successfully implemented waste management in accordance with quality standards that have been set in the legislation. The waste management causes environmental pollution and hazards to public health. This is the importance of waste management and the regulation that regulate it. The Sanitation Department as the public sector who carry out the tasks assigned by the Regional Government in accordance with the Law No.18 of 2008. In this corporate accountability, accountability is divided into accountability of attendance, accountability of the board, or corporation and Board accountability. In corporate liabilities in public places such as the Sanitation Department, the State acts as a legal entity. The responsible board is determined by determining who directs the mind and has the authority to implement or prevent the follow-up imposed by the law.
Kontrak Kerja Konstruksi Pembangunan Gedung GMB Ditinjau Berdasarkan Red Book FIDIC Freya Beatrice Fredella; Y. Sari Murti Widiyastuti
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Vol. 25 No. 02 (2022): 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.v25i02.5229

Abstract

This study was aimed to study the construction work contract for the construction of the GM Bookstore building between PT NI and UGM if reviewed based on the Red Book Federation Internationale des Ingenieurs Counsels (FIDIC) because GM Bookstore building that should be finished February 2005 still not handed over until 2022. This research was conducted with the normative legal research type by using the secondary data in the form of primary legal materials and secondary legal materials obtained with literature studies and interviews. The data were then analyzed using qualitative analysis methods. Conclusion is drawn using a deductive thinking process. The results and conclusions of this study are The construction work contract for the construction of the GMB building between PT NI and UGM when reviewed based on the Red Book by the Fédération Internationale des Ingénieurs Counsels (FIDIC) is only 4 clauses out of 21 clauses with 7 subclauses from the 168 subclauses of the General Conditions Red Book FIDIC which are included in the contract for the construction of the GM Bookstore building. The sub-clauses that are included in the work contract for the construction of the GM Bookstore building are also used only partially and is not constitute the entire sentence referred to in the sub-clause.
Aspek Hukum Atas Standardisasi Pada Produk Pangan Hasil Rekayasa Genetika Hernawati, Elly
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Vol. 25 No. 02 (2022): 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.v25i02.5231

Abstract

Standardization is a process that can be used as a reference to maintain the qualifications and specifications of a product, so as to improve quality, efficiency in production and facilitate trade transactions and create healthy competition among business actors. In the era of globalization, the determination of Standardization needs to be carried out in various fields of life, considering that without a certain standard it can lead to various problems. The laws and regulations regarding Standardization aim to provide legal protection to producers, consumers, and the public from various aspects, for example related to security, safety, health and the preservation of environmental functions, with the hope that this will encourage increased competitiveness for products. circulating in this era of globalization. Advances in technology will affect the industrial world, especially the food industry, one of which is the emergence of a variety of food products circulating in the community, both those produced in Indonesia, and imported products. In addition, it does not rule out the possibility of developments in food technology with the aim of improving the quality, quality, and benefits of the use of these food products. The results of food technology being developed today are genetically engineered food products. Indonesia is one of the countries that has biodiversity, and through a certain technology the utilization of this biodiversity will produce genetically engineered products. The use of the results of this technology can lead to benefits as well as risks to human health if standardization is not complied with as specified in the applicable laws and regulations.
Due Process in a Search of Electronic System by Patrol Officer Nawa, Fridolin; Veronica, Shierren; Samudra, Anton Hendrik; Setiawan, Peter Jeremiah
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Vol. 25 No. 02 (2022): 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.v25i02.5338

Abstract

The criminal justice system provides the legal framework for a fair and justifiable search. A search is justifiable when there is a search warrant or strong suspicion of crime by the police. However, instances of coercion and arbitrary acts by law enforcement officers still occur in practice, as seen in the case portrayed in East Jakarta. While this case does not represent the behaviour of all law enforcement officers, the standard for a fair search must be enforced. This article discusses the legal procedures for conducting a justifiable search of electronic systems suspected to be a tool of crime and evaluates whether such a search would violate the right to privacy. The article provides an academic discussion and evaluation of criminal law procedures in practice, using doctrinal research to scrutinize the provisions within the Electronic Information and Transaction Law (EITL), Criminal Procedure Law (CPL), and Personal Data Protection Law (PDPL) to determine the parameters of a justifiable search of an electronic system that conforms to the due process of law. Additionally, a comparison between the PDPL and the UK GDPR, as well as the 2018 Data Protection Act, was conducted to evaluate the privacy provisions in a search activity by law enforcement officers. The research finds that not every patrol officer has the justified measures to conduct a search on an alleged person, unless there is enough probable cause as stipulated in the CPL. Searches of civilian cell phones that are not in accordance with CPL, EITL, and PDPL should be considered illegal, and the officer who conducts them should be held accountable, both legally and ethically.
Konsep Penguasaan Negara Atas Pemanfaatan Energi Terbarukan Di Laut Indonesia Br Purba, Marlina
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Vol. 25 No. 02 (2022): 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.v25i02.5575

Abstract

The concept of sovereignty is drawing attention if juxtaposed with the phrase “as big as for the people prosperity”. Therefore the prosperity is for all of the Indonesian people without any exception. What is to be mandated to the country to be sovereignty had and will be used as optimal as possible. If it was not done by the country yet, therefore the phrase “as big as for the people prosperity” is not to be done. This writing is a conceptual article. The analysis mind of economy about the law from utilitarianism Jeremy Betham.
Proses Penanganan Anak Pengguna Narkotika Di Bawah Usia 12 Tahun Sinaga, Aline Philia Antana; Sahetapy, Elfina Lebrine
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Vol. 26 No. 01 (2023): 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.v26i01.5562

Abstract

Drug abuse is currently threatening minors. This situation will have a impact on the future of the child and also the future life of the country. Lack of control over narcotics causes children under the age of 12 years to be threatened. Children are not understand the existing environment and situation. Minors as narcotics addicts will receive treatment and be differentiated in their settlement efforts because children are still unable to enter into the existing legal process. The research method used empirical juridical research methods. Using empirical facts from individual behavior in the form of verbal behavior taken through interviews and direct observations. As a state of law, must implement a legal system so that the handling of children as narcotics users will still receive handling efforts for the completion of existing cases and children will still get the rights as they should be by the nature of a child.
Urgensi Hukum Perdagangan Internasional Terhadap Sengketa Perdagangan Internasional Antara Indonesia-Amerika Serikat Lutfia Azzahra; Rani Apriani
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Vol. 26 No. 02 (2023): 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.v26i02.5767

Abstract

The present study aims to explicate the significance of the international trade laws in resolving the disputes arising between Indonesia and the United States. The export activity is a crucial aspect of a country's economy as it augments its foreign exchange earnings. Indonesia, being one of the largest exporters of the non-oil resource, i.e., shrimp, nonetheless, encounters impediments in its exports. The U.S. has accused Indonesia of endowing subsidies to exporters, thereby suppressing the prices of its commodities. The involvement of the WTO is indeed imperative in this regard as it is incumbent upon the organization to address the predicaments faced by its member states. This study employs the qualitative research method, wherein the researcher combines the acquired data as a reference for the research. This enables us to see how the portrayal of the importance of international trade law is formed to achieve agreements between nations and also to resolve various disputes that arise.
Implikasi Hukum Terhadap Match Fixing Sepakbola Indonesia: Analisis Perbandingan Antara Hukum Perancis dan Jerman Pangestu, Jevons; Gunawan, Indra Jaya
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Vol. 26 No. 01 (2023): 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.v26i01.5931

Abstract

This research is intended to conduct a legal comparison between Indonesian law with French and German law regarding match fixing in football with the aim of studying the options whether the law in the two countries can be applied to our national law for the improvement of national law. This research is conducted with the type of normative legal research using secondary data in the form of primary legal materials and secondary legal materials obtained through literature study. The approach to conducting this norm comparison is included in the micro approach whose focus is the regulation of law. The method used in this research is the functional method, which means that in this research what is compared is the law as it functions and applies in a particular society in a particular place. The result and conclusion of this research find that Indonesia does not have specific regulations regarding match fixing in sports, especially football and Indonesia should be able to make “legal reforms” by regulating the application of the concept of private sector corruption, elements of prohibited actions such as accepting, giving, and requesting gifts, rewards, certain benefits for themselves or other parties that can affect the outcome or process of the match, as well as regulating more severe sanctions related to fines considering the motivation for committing match fixing crimes is financial gain with reference to French and German criminal law.
Eksistensi Klausula Non Kompetisi dalam Perjanjian Waralaba untuk Mencegah Persaingan Usaha Tidak Sehat Etty Indrawati
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Vol. 26 No. 01 (2023): 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.v26i01.5953

Abstract

A Franchise Agreement is a written agreement between Franchisor and Franchisee. The Franchise Agreement may contain provisions in which the franchisor requires the franchisee not to carry out the same business activities as the ongoing franchise businesses for a certain period after the expiration of the franchise agreement (non-competition clause). In practice, there were unscrupulous franchisees with bad intentions, establishing franchise partnerships with franchisors to get the know-how provided by the franchisor; then, before or after the end of the franchise agreement immediately setting up the same business/ potentially becoming a business competitor to the franchisor. There are two purposes of this article. The first is to explore and analyze the importance of the non-competition clause in franchise agreement/ the risk if the non-competition clause is not included/ not stipulated in franchise agreement. The second is to investigate how to arrange the non-competition clause in a franchise agreement to prevent unfair business competition. This research project uses qualitative method, involves respondents and informants from business owners of national franchisors. There are two results of this study. The first is the non-competition clause in franchise agreement is very important and risky if the non-competition clause is not included in franchise agreement. This is because if the franchisor's business system is adopted by other parties, it will be detrimental to the franchisor who has built his business from scratch. The second is the non-competition clauses in franchise agreements should bind the franchisee's person, location and apply post contractually. This provision remains in force and must be complied with by the franchisee (within a certain period) even if the franchise agreement has ended. The research results are expected to provide a reference and understanding of the parties’ interests in the franchise agreement that need to be secured, particularly regarding intellectual property rights and the transfer of know-how, which must be respected to prevent unfair business competition by business actors. This research is expected to provide input to KPPU regarding breaches of the non-competition clause in franchise agreements that have the potential to qualify as acts of unfair business competition.
Penguatan Bank Perekonomian Rakyat Berbasis Asas Demokrasi Ekonomi: Paradigma Keadilan Sosial Diaz, Marchethy Riwani
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Vol. 26 No. 01 (2023): 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.v26i01.6007

Abstract

The increasingly complex and numerous fundamental problems in the financial sector are driving financial sector have encouraged reform of the financial industry through the omnibus law, Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector (UUP2SK). The main aim of the presence of UUP2SK is to improve and direct the financial sector to be able to face global dynamics, be fair, sustainable, stable and inclusive as an embodiment of economic democracy which ultimately leads to the creation of social justice. One way of strengthening the financial services sector is through expanding the business activities of People’s Economic Banks (BPR) in Article 13 paragraph (1) letter g UUP2SK which opens up opportunities for BPR’s to collaborate with other financial service institutions, one of which is fintech lending so that they can expand accessibility all levels of society regarding funding. Based on this, the aim of this writing is to find out the implications of the UUP2SK omnibus law on expanding BPR businesses and strengthening BPR based on economic democracy after UUP2SK in realizing social justice for society. This research is normative legal research using a statutory regulatory approach and a conseptual approach. The data used is secondary data through literature study of primary, secondary and tertiary legal materials. The results of this research show that expanding BPR cooperation with other financial service institutions, namely fintech lending, can be a solution for equalizing BPR in Indonesia, as a concretization of the principles of economic democracy in realizing social justice for all society. However, it is necessary to strengthen and improve the level of substance, structure, and legal culture by prioritizing the spirit of economic democracy to realize social justice for the entire community.

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