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Yustisia Tirtayasa: Jurnal Tugas Akhir
Published by Universitas Sultan Ageng Tirtayasa
ISSN : 28072863     EISSN : 28071565     DOI : http://dx.doi.org/10.51825/yta
Core Subject : Humanities, Education, Social,
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
Yustisia Tirtayasa: Jurnal Tugas Akhir also known as Yustisia Tirtayasa is national peer review journal on legal studies. The journal aims to publish new work of the highest calibre across the full range of legal scholarship, which includes but not limited to works in the law and history, legal philosophy, sociology of law, Socio-legal studies, International Law, Environmental Law, Criminal Law, Private Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Human Rights Law, Civil Procedural Law and Adat Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
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Search results for , issue "Vol. 1 No. 1 Agustus 2021" : 10 Documents clear
Analisis Dispensasi Perkawinan terhadap Anak di Bawah Umur: Studi Kasus Penetapan Pengadilan Agama Serang Nomor : 1968/Pdt.P/2020/PA.Srg Thoby Nusabahari; Edi Mudjaidi Amin
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 1 Agustus 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i1.11223

Abstract

In general, every human being has a desire to get married. It is known that within the scope of marriage, there is a marriage dispensation. Marriage dispensation is the granting of permission to enter into marriage for a prospective groom and/or bride who is not yet 19 years old. During the Covid-19 pandemic in 2020, the fact is that the number of applications for marriage dispensation at the Serang Religious Court has increased from the previous year. One of his petitions is in the case which has now been determined by the Serang Religious Court Judge, namely the Serang Religious Court Determination Number : 1968/Pdt.P/2020/PA.Srg. Departing from the court ruling above, the authors conducted an essay research by taking two problem identifications. First, is the Judge’s consideration in the Serang Religious Court Determination Number : 1968/Pdt.P/2020/PA.Srg regarding marriage dispensation in accordance with the Marriage Law in conjunction with the Marriage Age Change Law and the Child Protection Law? Second, what is the impact of giving dispensation to marriage in the Serang Religious Court Determination Number : 1968/Pdt.P/2020/PA.Srg? The research method used by the author is juridical normative, with research specifications in the form of a statutory approach and a case approach, data sources in the form of primary data and secondary data, data collection techniques in the form of library research and interviews, data analysis in the form of qualitative analysis, and research locations in the Serang Religious Court. As for the essay research conducted by the author, the result show that the Judge’s consideration in the Serang Religious Court Determination Number : 1968/Pdt.P/2020/PA.Srg regarding marriage dispensation is in accordance with the Marriage Law in conjunction with the Marriage Age Change Law and the Child Protection Law. The impact of giving marriage dispensation in the Serang Religious Court Determination Number : 1968/Pdt.P/2020/PA.Srg also varies, there are positive impacts, including being able to carry out marriages legally according to religious and state law and avoid adultery and unregistered marriage, and negative impacts, including the possibility of maternal death at a young age due to premature pregnancy, loss of adolescence, and lack of mental maturity to care for a family.
Tanggung Jawab Negara Terhadap Pemenuhan Hak Atas Kesehatan Masyarakat Indonesia dalam Pelaksanaan Test Covid-19 Ditinjau dari International Covenant On Economic, Social, And Cultural Rights (ICESCR) Shantika Hasintongan; Danial Danial; Surya Anom
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 1 Agustus 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i1.11411

Abstract

The right to health is part of human rights. Health is closely related to everyday human life. The availability of health services and medicines, a clean and healthy environment, and other matters related to health are vital factors for human survival. In the COVID-19 pandemic situation, health is a basic need for all levels of society. The problems are, how the state's responsibility to fulfill the right to health in the conditions of the COVID-19 pandemic for the Indonesian people and how to fulfill the right to health for the Indonesian people in implementing the COVID-19 Test in terms of the International Covenant On Economic, Social , And Cultural Rights (ICESCR).This research uses Juridical-Normative by using the type of normative legal research data which is divided into primary legal materials, secondary materials and tertiary legal materials. The research analysis of this writing uses Descriptive-Qualitative and in collecting research data this research is obtained through library research and data access through journals, and the Internet.The results of this research are, first, the State has shown forms of responsibility in fulfilling the right to health in the conditions of the COVID-19 pandemic to the Indonesian people. providing test kits to detect the transmission of COVID-19 from several countries at varied and unaffordable rates for the public, issuing a package of rules as formal legitimacy for handling COVID-19, and giving orders to all people to comply with 3M, namely wearing masks, Wash your hands and keep your distance. Second, the fulfillment of the right to health for the Indonesian people in implementing the COVID-19 test has not been fulfilled by the State. The application of the nominal cost of the COVID-19 test is expensive, varied, and unaffordable for every element of society.
Efektifitas Penegakan Hukum Tindak Pidana Cyber Gambling Endorsement Di Indonesia Bintang Artsena Jendraningrat
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 1 Agustus 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i1.11333

Abstract

Cyber crime or criminal action in the internet network is not a new thing in Indonesia, one of which is Cyber Gambling Endorsement. One of the factors is the rise in criminal acts due to the existence of endorsement activities which are very prevalent on social media or on certain sites on the internet. And this is certainly included in the qualifications or elements of online gambling crime and contained with Article 45 paragraph (2) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning about Electronic Information and Transactions, where this Endorsement activity refers to the distribution or transmitting the gambling-laden site it self, so that it can be freely accessed by many people in individual or groups in Indonesia. In this study the authors used an empirical research method with data collection which was then used to answer the problem formulation, namely official documents, legislation, literature or official books, interviews, and also taking online questionnaires. The data analysis used is descriptive analytical, the analysis used is a qualitative approach to primary data and secondary data. The purpose of this study is to analyze the factors that cause the occurrence of many crimes of Cyber Gambling Endorsement in Indonesia and also what are the efforts of law enforcers in dealing with criminal acts of Cyber Gambling Endorsement in Indonesia and what obstacles are then faced by law enforcers in Indonesia.
Efektivitas Pembatasan Sosial Berskala Besar di Wilayah Kabupaten Tangerang Berdasarkan Peraturan Pemerintah Nomor 21 Tahun 2020 Tentang Pembatasan Sosial Berskala Besar dalam Rangka Percepatan Penanganan Corona Virus Disease 2019 Bilal Syahdin; Mohamad Fasyehhudin
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 1 Agustus 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i1.11432

Abstract

Indonesia is a constitutional state based on the provisions of Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia which reads that the State of Indonesia is a constitutional state. The Indonesian government issued a policy for the response to the Covid-19 Pandemic disaster, namely by ratifying Government Regulation Number 21 of 2020 concerning Large-Scale Social Restrictions in the Context of Accelerating the Handling of Corona Virus Disease 2019 (Covid-19). This is the background for the imposition of large-scale social restrictions in the Tangerang Regency area in early March 2020, with 43 confirmed Covid-19 cases and 468 suspected Covid-19 cases. The Government of Tagerang Regency has proposed large-scale social restrictions to the Minister of Health and this has been approved by the Minister of Health with the Decree of the Minister of Health Number. HK.01.07 / MENKES / 249/2020. Researchers are interested in examining the effectiveness of large-scale social restrictions in the Tangerang Regency area based on Government Regulation Number 21 of 2020 concerning Large-Scale Social Restrictions in the Context of Accelerating the Handling of Corona Virus Disease 2019 (Covid-19)? and What is the social impact of large-scale social restrictions in the Tangerang Regency area on the handling of Covid-19?This research uses normative juridical and sociological empirical methods, using descriptive analytical research. Using primary data sourced from the field in the form of interviews with the Tangerang Regency Office and the Tangerang Regency Covid-19 Handling Task Force, secondary data sourced from laws, official documents, and books related to the object of research. Data collection techniques using library research and field research in the form of direct interviews. As well as data analysis using qualitative juridical analysis using the data obtained and analyzed in the form of sentences.Based on research data, the author can be obtained through direct interviews with the Tangerang District Health Office and the Covid-19 Handling Task Force which should be in large-scale social restrictions, the Tangerang Regency government should socialize and apply strict sanctions and rules in accordance with the Tangerang Regent Regulation, so that the public can discipline to do 3M, namely washing hands, maintaining distance, and wearing masks and not violating health protocols. 
Analisis Efektivitas Kebijakan Perlindungan Lahan Pertanian Pangan Berkelanjutan Terhadap Ketahanan Pangan di Daerah Kabupaten Pandeglang Yosi Eka Octavianti; Nurikah Nurikah
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 1 Agustus 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i1.11343

Abstract

The government has published a regulatory of act number 41 in 2009 on The Protection of Sustainable Food Agricultural Land (LP2B) as effort to protect perennial agricultural land. It’s hoped will halt the conversion of rice fields, especially with technical irrigation can sustain regional food security to the Nation. In administration, this law has obstacle process or covering space; planning determination and can be said not to run as it should, that a comprehensive evaluation of the performance is required.The method used in this study is empirical juridical based on qualitative data approaches that come from primary data through interviews and field research on agricultural services pandeglang county's for data could be analyzed and result of discussions in research.The study of the writing requires a regulation of LP2B region and an evaluation to see how its effectiveness is connected with the various regulations that have been drafted. The mandate in act number 41 in 2009 began when planning came to completion. The data inventory efforts in planning of setting up the zoning became necessary by the government especially the region government of pandeglang district through agricultural services as a technical executioners. 
Perbandingan Prosedur Pengangkatan Anak Menurut Hukum Positif Indonesia Dengan Hukum Islam Arya Pradana Putra; H. E. Rakhmat Jazuli
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 1 Agustus 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i1.11679

Abstract

There are various law systems in Indonesian civil law system. This kind of condition makes child adoption could use one of the governing law systems. This research is focusing on finding civil law systems that is actively governing in Indonesia and comparing the child adoption law between Islamic law and Indonesian civil law. This research uses normative-comparative approach, descriptive method, secondary data, and qualitative analysis. The result of this research shows that at least there two civil law systems in Indonesia, they are Islamic civil law (which uses Islamic Law Compilation) and Indonesian civil law (which uses various regulations made by the Indonesian parliament and government). Child adoption is regulated in Indonesian civil law and legally implicated to all parties involved. On the other hand, child adoption is not allowed in Islamic law. So that, child adoption in Islamic law will have no legal consequences to every parties involved, except the obligatory testament.
Dinamika Konstitusional Wakil Presiden Dalam Perspektif Sistem Pemerintahan Presidensial Menurut Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Azi Ferdinandi Kusnadi; Eki Furqon
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 1 Agustus 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i1.11072

Abstract

The vice president and Presidentare inter-officerelations. Tetapi the position of Vice President both before and after the change is not clearly described,, padahal authoritative authority environment is a condition of the creation of an authoritative relationship. Therefore, this paper was created with the aim to see how the constitutional dynamics of the Vice President's position in the Indonesian constitutional system. The method used is legal research(legal research)with a type of research library (library research).The results showed that there is a vagueness of the role of the Vice Presidentas an aide to thePresident in article 4 paragraph 2 of the Constitution of the Republic of Indonesia year 1945. Whether the context of the word "assisted" can be interpreted broadly or narrowly. This will have implications on the environmental relations of office and officials Wakil President and President governing the organization and working system of presidential institutions. The author recommends the establishment of special rules to regulate the position of the Vice President and the pattern of relations with the President in order to further clarify the role of each so as to create a harmonious relationship and ensure the legal certainty of governance through the Presidential Bill.
Tinjauan Yuridis Terhadap Plagiarisme Oleh Partai Politik Suatu Negara Berdasarkan TRIPs Agreement 1994 (Studi Kasus Plagiarisme Oleh Partai Nasional Selandia Baru) Dany Ardy Saputra; Hilton Tarnama Putra M; Mas Nana Jumena
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 1 Agustus 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i1.11395

Abstract

TRIPs are one of the sources of International Law that is widely used by many countries in drafting international trade regulations. One of the things that is quite firmly regulated in TRIPs is the act of plagiarism. Today there have been many acts of plagiarism, no exception in the scope of the international community. Acts of plagiarism can also be done by anyone be it individuals, legal entities, or organization. One example of plagiarism violations occurring within the international copyright sphere is a case concerning New Zealand National Party with Eight Mile Style which is the publicist of international musician Eminem. Idetification of the problem in this study is how to set up acts of plagiarism by political parties according to TRIPs Agreement 1994 and how to solve cases acts of plagiarism by New Zealand National Party according to TRIPs Agreement 1994. This research method uses normative juridical methods that are qualitative. The research specifications used are analytical descriptive. Data collection techniques using literature study techniques and obtaining secondary data covering primary, secondary, and tertiary legal materials. Data analysis using qualitative data analysis. The conclusion of this study is that in TRIPs Agreement 1994 not including a regulation on political parties. As a legal or regulatory subject regarding plagiarism committed by political parties in resolving cases between Eight Mile Style which are legal entities and as the licensee of the song “Lose Yourself” who are suing New Zealand National Party who used the song as part of one of the party's campaign ads, in resolving the case using New Zealand Copyright Act 1994, this is in accordance with the Article 61 TRIPs Agreement 1994 stating that member states must regulate criminal procedures and penalties to be applied.
Kajian Hukum Pencabutan Hak Politik Pada Pelaku Tindak Pidana Korupsi Suap Berdasarkan Teori Kepastian Hukum Chintya Devi
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 1 Agustus 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i1.11204

Abstract

Criminal sanctions are sanctions imposed by a judge in court on a person who has committed a criminal act or is known as a defendant. In Indonesia, criminal sanctions are divided into two, namely the main criminal sanctions and additional criminal sanctions listed in article 10 and article 35 of the Criminal Code. The imposition of additional penalties cannot stand alone but there must be primary criminal sanctions in advance. In connection with the conviction of a person, there is a need for legal objectives, one of which is legal certainty. Perpetrators of bribery corruption in imposing sanctions need a deterrent effect for the perpetrators. In this study the authors used a normative juridical research method with data collection techniques used to solve problem formulations, namely official documents, laws and regulations, official books and interviews. The purpose of this study is to analyze the elements of the imposition of additional criminal sanctions for depriving political rights of the perpetrators of bribery corruption with the realization of the principle of legal certainty.   
Hubungan Keabsahan Pengalihan Piutang (Cessie) Yang Dilakukan Secara Berulang Kali Terhadap Perpindahan Hak Tanggungan Milik Debitur Novelia Adistie; Jarkasi Anwar
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 1 Agustus 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i1.11407

Abstract

Banking helps people, one of which is through credit facilities. Received credit is accompanied by submitting a guarantee imposed by the mortgage right to the bank or creditor. One of the problems that often occur in credit is bad credit. The solution to overcome this is by obtaining funds relatively quickly by banks through transfer of accounts receivable (cessie). Efforts to minimize an impact that can harm the parties in the process of transferring accounts receivable (cessie) are at the core of the problems raised in this study, namely, how is the relationship between the legality of the transfer of accounts receivable (cessie) which is carried out repeatedly to the transfer of the debtor's liability and how is legal protection? for cessie buyers (cessionaris) based on Article 613 of the Civil Code in conjunction with Law Number 4 of 1996 concerning Land Mortgage Rights and Land-related Objects. The research was conducted using a normative juridical research method with descriptive analytical research using a statutory approach method. The data sources used in this research are primary legal materials, secondary materials, and tertiary legal materials. The data collection technique used in this research was through literature study and then analyzed qualitatively and normatively. The results of the research conclude that, the relationship between the legality of the transfer of accounts receivable (cessie) which is carried out repeatedly on the transfer of the debtor's mortgage is known to have mutual influence. A legal cessie is carried out if the basis of the rights is valid and in accordance with Article 613 and Article 1320 of the Civil Code. Legal protection for cessie buyers (cessie) in the practice of transferring accounts receivable (cessie) which is carried out repeatedly for the transfer of the debtor's mortgage is carried out through a cessie deed and several regulations in Law Number 4 of 1996 concerning Mortgage Rights to Land with Objects Items related to land.

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