Yustisia Tirtayasa: Jurnal Tugas Akhir
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.
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<![CDATA[Efektivitas Badan Keuangan dan Aset Daerah (BKAD) terhadap Pengawasan Barang Milik Daerah Kabupaten Lebak ]]>
<![CDATA[Heri Susanto]]>;
<![CDATA[Firdaus Firdaus]]>;
<![CDATA[Danial Danial]]>
<![CDATA[ Yustisia Tirtayasa Vol. 2 No. 3 Desember 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/yta.v2i3.17065
<![CDATA[Management of regional property areas that are increasingly developing and complex needs to be supported by comprehensive arrangements adapted to developing needs so that the planning, implementation, and supervision processes can be managed optimally, effectively, and efficiently. Two problems need to be discussed and analyzed. First, what is the function of the Supervision of the Regional Finance and Assets Agency (BKAD) on the security of regional property in terms of Law Number 1 of 2004 concerning the State Treasury? Second, how is the implementation of Law Number 1 of 2004 concerning the State Treasury 1 of 2004? Whether the State Treasury can guarantee the Protection and Security of Regional Property. The research was conducted in a qualitative descriptive analysis with a normative juridical approach. The research sources used consisted of primary data and secondary data. The legal materials used in this study consist of primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques were carried out in a documentary and interview. The results show that the Regional Finance and Assets Agency (BKAD) Supervision Function on the Security of Regional Property in Law Number 1 of 2004 concerning the State Treasury has been implemented by the Regional Finance and Assets Agency. Belonging to the region in the form of securing building land; Security of buildings and/or buildings; Security of official vehicles; Statehouse security; Security of supplies; Security other than building land and buildings; Security of intangible goods. The Implementation of Law No. 1 of 2004 concerning the State Treasury can guarantee the Protection and Security of Regional Property following the Supervision Function of the Regional Financial and Assets Agency (BKAD) on the Security of Regional Property]]>
<![CDATA[Perlindungan Hukum bagi Pekerja akibat tidak Adanya Perjanjian Kerja dalam Wedding Organizer ]]>
<![CDATA[Yehezkiel Cristofer Tambunan]]>;
<![CDATA[Adhitya Widya Kartika]]>
<![CDATA[ Yustisia Tirtayasa Vol. 2 No. 3 Desember 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/yta.v2i3.16783
<![CDATA[One industry that has close relationships with customers is the Wedding Organizer (WO) industry. However, it turns out that there are problems that often cause misunderstandings for the Wedding Organizer (WO) in running their business, namely the absence of a written agreement to provide certainty to the Wedding Organizer (WO) workers. This also raises the potential for Default in this business or Wedding Organizer (WO) business. Civil law contains legal regulations that make a person's promise the legal basis. Civil law can be expressed from legal regulations based on someone's promise. There are several laws both in criminal law and constitutional law that include a person's promise as a component, such as the offense of embezzlement through Article 372 in the Indonesian Criminal Code or the Civil Service Act, but these laws are rare in number. . A pledge must be made in good faith so that the parties do not dispute the terms, but in most Wedding Organizers (WO), it is very rare for business actors to make formal agreements, leaving the relationship without any guarantees. legal certainty that occurs between business actors and Wedding Organizer (WO) workers. An employment agreement between employees and employers at Prabu Wedding Organizer (WO) and LM Wedding Organizer (WO) who do not have a working relationship using a written agreement, is an illustration. Based on the characteristics of the research and the legal documents which were obtained during the writing of this research, the following thesis is written using a descriptive analysis method, where the data is analyzed using analytic methods with a qualitative approach to the main data and secondary data. The author uses empirical juridical research in writing further research, especially research that includes sociological law and is usually called field research. the agreement between the worker and the owner of the Wedding Organizer (WO) without a written agreement is still valid and requires the subjects to legally regulate the terms of the engagement and that legal remedies can be carried out by the Wedding Organizer (WO) employees and in the event of default by the employer (employee) ) is none other than by suing the wedding organizer (WO) employer with existing evidence, namely what is clearly contained in Article 1866 of the Civil Law Regulations and Article 64 of the Civil Procedure Code of Regulations]]>
<![CDATA[Pertanggungjawaban Pidana terhadap Mucikari dan Perlindungan Hukum Anak Korban Pekerja Seksual (Studi Putusan Nomor 327/Pid.Sus/Pn.Bgl) ]]>
<![CDATA[Saptia Novandie]]>;
<![CDATA[Ridwan Ridwan]]>;
<![CDATA[Aliyth Prakarsa]]>
<![CDATA[ Yustisia Tirtayasa Vol. 2 No. 3 Desember 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/yta.v2i3.17235
<![CDATA[Cases of exploitation of children have continued to increase in the last few years. The world of children should be colored by playing activities, learning and developing their interests and talents for the future, not to be exploited both exonomically and sexually. In the Bengkulu District Court decision Number Number 327/Pid.Sus/2020/Pn.Bgl Defendant Heny Susanti Binti Hermansyah has sexually and economically exploited children who are 16 years old by employing them as sex workers in the defendant’s massage parlor. The judge sentenced him to sexual exploitation, but the defendant’s actions were not only sexual exploitation but also economic exploitation. This has prompted researchers to examine how criminal accountability is for pimps who exploit children as sexual workers ( Study Putusan : 327/Pid.Susu/2020/Pn.Bgl) and how is the legal protection for child victims of sexual workers. This study uses the theory of criminal responsibility and legal protection theory end normative juridical research methods with qualitative reasearch te results of this study are that the defendat named Heny Susanti Binti Hermansyah should not only be punished for economic exploitation, but the defendant should be punished for economic exploitation of children as well as providing compenstation against victims who have been harmed by the defendant. Prosecutors should include elements releted to criminal acts of economic exploitation, not only sexual exploitation, in accordance with Law No. 35 of 2014 concerning Child Protection Article 76I. And in the Article 98 of the Criminal Prosedure Code stipulates that if an act that forms the basis of an indictment in an examination of a criminal case by a District Court causes harm to another person, then the presiding judge of the session at the request of that person may decide to combine the claim for compenstation to the cases the crime. So that the victim gets legal protection in the form of compenstation in the form of Remuneration, Restitution, Rehabilitation, Treatment of the actions that have been carried out by the defendant as the owner of a massage parlor who has exploited children as sex workers]]>
<![CDATA[Studi Perbandingan Pelaksanaan Fungsi Legislasi oleh Dewan Perwakilan Daerah Dikaitkan dengan Teori Pemisahan Kekuasaan antara Indonesia dan Amerika Serikat ]]>
<![CDATA[Fauzia Artifani]]>;
<![CDATA[Anajeng Esri Edhi Mahanani]]>
<![CDATA[ Yustisia Tirtayasa Vol. 2 No. 3 Desember 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/yta.v2i3.17071
<![CDATA[As a state of law, legislative power has an important role for Indonesia and the United States. Legislative power has the main function to form a law/law or what is commonly called the legislative function. The implementation of the legislative function in Indonesia and the United States has differences related to the implementation of the bicameral system and the separation of powers applied in each country. The bicameral system adopted in Indonesia is a weak bicameral system, which means it strengthens the position/authority of one institution over another. In Indonesia, the position and authority of the House of Representatives are greater and stronger than that of the Regional Representative Council as the second chamber, especially when it comes to the function of legislation. Meanwhile, in the United States, a strong bicameral system is applied in which the position and authority of the two chambers (House of Representative and Senate) in legislative power are equally strong and balanced, not biased. The weak authority of the Regional Representatives Council in the legislative function is also influenced by the poor application of the principle of checks and balances in the separation of powers in Indonesia. Therefore, there are several conditions that can be used as comparisons for the implementation of the legislative function in Indonesia and the United States, especially on the differences in the authority given to the institution concerned. The research method used is for normative research with comparative, legal and conceptual approaches. The research is based on the literature by reviewing problems from the doctrines of legal experts, legislation and other legal materials. The purpose of this study was to determine the differences in the implementation of the legislative function of the legislative body in Indonesia and the United States and to find out the relationship between the weak role of the Regional Representatives Council in the legislative function and the theory of separation of powers applied in Indonesia]]>
<![CDATA[Implementasi Rehabilitasi terhadap Anak sebagai Korban Kejahatan Berbasis Seksual (Studi di Unit Layanan Terpadu Perlindungan Sosial Anak Integratif (ULT PSAI) Kabupaten Tulungagung) ]]>
<![CDATA[Karisma Nilam Ayuandani]]>;
<![CDATA[Hervina Puspitosari]]>
<![CDATA[ Yustisia Tirtayasa Vol. 2 No. 3 Desember 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/yta.v2i3.16391
<![CDATA[Special protection of children who are victims of sexual violence according to The Statute of Child Protection Number 35 of 2014 is carried out through rehabilitation efforts. The same is also regulated in Law Number 12 of 2022 concerning the Crime of Sexual Violence which explains that rehabilitation is the victim's right to recovery efforts. By the mandate of the law, the government and also other state institutions should provide special protection for children, which encourages the Integrated Service Unit for Integrative Children's Social Protection of Tulungagung Regency. This institution has an ideal range of services for children, including services for children who are victims with response including victim rehabilitation. This study will analyze the implementation of rehabilitation by the Integrated Service Unit for Integrative Children's Social Protection of Tulungagung Regency for child victims of sexual violence and the obstacles to its implementation. The research methodology used is empirical juridical with a case study approach. The results of the study show that the implementation of rehabilitation of children who are victims of sexual violence must go through several processes first. The main and first process carried out is data collection and continued with mentoring. Rehabilitation is carried out through several stages, namely the initial approach, assessment, intervention, evaluation, formulation of conclusions, ending with termination. Obstacles in efforts to provide rehabilitation to child victims of sexual violence come from the lack of parental assistance related to recovery rights for children who are victims of sexual violence so that they consider that rehabilitation is a futile effort, the lack of facilities and infrastructure and the emergence of the COVID-19 pandemic makes the lack of reach to victims pose new challenges for social workers of the Integrated Service Unit for Integrative Children's Social Protection of Tulungagung Regency]]>
<![CDATA[Analisis Yuridis Kritis Perlindungan Hukum Jemaah Haji Plus yang Gagal Berangkat karena Pembatalan oleh Travel X Surabaya ]]>
<![CDATA[Irbah Maysun Anwar]]>;
<![CDATA[Sri Maharani M.T.V.M]]>
<![CDATA[ Yustisia Tirtayasa Vol. 2 No. 3 Desember 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/yta.v2i3.14395
<![CDATA[Implementation of the hajj pilgrimage, especially in plus hajj pilgrimage travel, still has incompatibility in the fulfillment of achievement as business actors, such as Travel X in Surabaya that does not fulfill its achievement to the Hajj pilgrims plus as consumers, as mutually agreed in the hajj departure agreement. This has violated several articles in Act Number 8 of 1999 concerning Consumer Protection. This study aims to identify and analyzing the forms of violations by Travel X Surabaya to their pilgrims as well as forms of legal protection for hajj pilgrims plus who failed to leave due to the cancellation by Travel X Surabaya. This research is a normative juridical with the statutory approach, case approach and theoretical approach. Data in this study were obtained from official documents, books related to research objects, research results in the form of reports, theses, legislation and interviews. The results of this study showed that Travel X Surabaya has violated the rights of hajj pilgrims plus, which is the cancellation of hajj departure. Legal protection to hajj pilgrims plus who are failed to leave because due to the cancellation by Travel X Surabaya is carried out through non-litigation way by using the negotiation. The settlement of the non-litigation is one of legal protection for hajj pilgrims plus that is carried out through non-litigation way has been regulated in Act Number 8 of 1999 concerning Consumer Protection]]>
<![CDATA[Perlindungan Hukum terhadap Bidan yang Melakukan Penyalahgunaan Wewenang Ditinjau dari Undang-Undang Nomor 4 Tahun 2019 tentang Kebidanan (Studi Kasus di PMB Bidan R Desa Cikumbueun, Pandeglang) ]]>
<![CDATA[Suhelianah Suhelianah]]>;
<![CDATA[Faridatul Fauziah]]>;
<![CDATA[Mohamad Noor Fajar Al Arif Fitriana]]>
<![CDATA[ Yustisia Tirtayasa Vol. 2 No. 3 Desember 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/yta.v2i3.17316
<![CDATA[This study aims to find out how the responsibility of legal protection for midwives if they commit unlawful acts (Onrochmati gedaad) because of accidentally helping patients is connected with Law No. 28 of 2017. As a case in point: Mrs. R aged 35 years pregnant with the second, after delivery must immediately be carried out manual placenta action by the midwife, but because it is blocked by authority, the midwife cannot do it, even though skillfully the midwife is able to carry out the action. Normative juridical legal research methods that use a case approach and a descriptive analytical state approach as well as a statutory approach used to review related legislation. The results of this study arrived at a conclusion that the legal protection given to midwives was due to inadvertently helping patients carried out according to SOPs but when taking actions occurred outside of human reason such as uterine tears associated with Law 28 of 2017 article 23, then given the authority to provide services based on an assignment from the government as needed as referred to in Article 22 letter a, namely point b of authority because there are no other health workers in the area where the Midwife is on duty]]>
<![CDATA[Penyelesaian Wanprestasi Nasabah dalam Perjanjian Gadai Emas di PT Pegadaian Cabang Jemursari ]]>
<![CDATA[Qur'Anna Savitri Bella Santoso]]>;
<![CDATA[Anajeng Esri Edhi Mahanani]]>
<![CDATA[ Yustisia Tirtayasa Vol. 2 No. 3 Desember 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/yta.v2i3.17088
<![CDATA[In dealing with life, humans basically want all their desires to be fulfilled. Moreover, as technology and science advance at an increasing rate in today's times, so does the quality of life of the people. This will result in a greater need for life, which causes people to tend to fulfill their basic needs. However, the COVID-19 pandemic is currently underway, and its effects are being felt by many. Factors such as job loss, lonely work, and restrictions imposed by the government will certainly have a significant impact on people's economic life. In the midst of the COVID-19 pandemic, people continue to think creatively and devise strategies to survive. They don't just sit still. As a result, there are many financial institutions available to help with the problems facing society today. In this case the community is assisted by a Limited Liability Company (PT) Pegadaian (Persero). One company that has an official license to do business in Indonesia is a Limited Liability Company (PT) Pegadaian (Persero) between the customer and the pawning institution. In addition to improving the welfare of the underprivileged and supporting government initiatives in the field of economy and national development, PT. The main purpose of Pegadaian is to help those who need money or funds so that they do not fall into the hands of loan sharks or bondmen who charge relatively high interest rates. The method used is empirical yuridical, using a qualitative descriptive approach. The results of this study indicate that the settlement of default at PT. Pegadaian Jemursari Branch by conducting an auction of the customer's collateral. This has been agreed by the customer if he is unable to pay the collateral installments. Constraints in the settlement are unclear customer data because customers change identities but do not notify the pawnshop, jewelery models that are too old to make old goods to be sold and people are not interested in buying the auctioned goods. The solution in the settlement is to increase the loan amount so that it can pay off the previous loan shortfall, provide a longer loan period, and ask if there are other items that can be guaranteed]]>
