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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 9 Documents
 1 
Search results for , issue "Vol. 3 No. 2 May-August 2023" : 9 Documents clear
Pelaksanaan Perlindungan terhadap Perempuan Korban Kekerasan dalam Rumah Tangga (Studi di DP3AK dan UPT PPA Provinsi Jawa Timur) Putri Natasya
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 3 No. 2 May-August 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i2.19864

Abstract

This study will concentrate on the implementation of the protection provided by the Office of Women's Empowerment, Child Protection and Population of East Java Province (DP3AK East Java Province) through the Technical Implementation Unit for the Protection of Women and Children of East Java Province (UPT PPA East Java Province) for women victims of violence in household. The purpose of this research is to examine how the Implementation of Protection carried out by the DP3AK of East Java Province for women victims of domestic violence and identify the obstacles that must be faced and the efforts made in dealing with these obstacles. This study uses a qualitative data analysis approach and is legal-empirical in nature. Interviews, data collection techniques, and literature analysis were used in this study. Based on the research results, the DP3AK of East Java Province through the management of the UPT PPA of East Java Province carried out the stages of the process of protecting women victims of domestic violence in accordance with the regulations, namely in the Regulation of the Minister of Women's Empowerment and Women's Protection Number 2 of 2022 concerning Service Standards for the Protection of Women and Children. The obstacles faced were the existence of large power relations by the perpetrators, the victims were not open in conveying information, the environment was not good enough, the limited workforce at UPT PPA East Java Province and the limited budget for the implementation of protection for women victims of domestic violence.
Pemenuhan Hak Rekreasional terhadap Anak Binaan di Lembaga Pembinaan Khusus Anak (LPKA) Kelas I Blitar Jessy Yolandita Dewi
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 3 No. 2 May-August 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i2.18676

Abstract

Recreational is one of the rights of the Built Child while they are serving at the Special Development Institution for Children (LPKA). However, there are still children in LPKA who don’t understand that they have recreational rights attached to them. The purpose of this study was to find out about the fulfillment of the recreational rights as well as the obstacles encountered in fulfilling the recreational rights in Class I Special Development Institutions for Children (LPKA). This research method is empirical juridical. Primary data and secondary data are used by obtaining through interviews, questionnaires, and literature studies. The analytical method used is analytical descriptive. The results of the research are that the fulfillment of recreational rights in LPKA Class I Blitar has been fulfilled but has not been maximized in its implementation because there are constraints both from internal factors and from external factors such as limited budget and facilities & infrastructure, limited experts, enthusiasm of the built children themselves, security , the existence of the covid-19 pandemic, negative stigma from society, and also related to the marketing of the results of the skills of the Built Children. However, with these constraints, various efforts can be made to overcome them.
FRONT MATTER V0L. 3 NO. 2 AGUSTUS 2023 Chaula Luthfia
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 3 No. 2 May-August 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i2.21743

Abstract

Penegakkan Hukum dan Pertanggung Jawaban Pidana terhadap Kasus Penganiayaan yang Dilakukan Anak di Bawah Umur Hafipah Tusyadiah; Daffa Amanullah Supriyatno; Najwa Maulida; Muhammad Agung Suryatman; Herli Antoni
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 3 No. 2 May-August 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i2.19684

Abstract

The goal of this study is to get a better understanding of the legal framework that governs compounding significant crimes against children, as well as some of the legal safeguards accessible to minors who commit major crimes. The three major categories of legal basis employed in normative legal studies that lead to the founding of this publication are primary legal material, secondary legal material, and tertiary legal material. The primary goal of this legal research is to undertake a literature review; as a result, applicable and relevant statutes will be examined and diverted more fullyAccording to the research findings, juveniles who commit severe crimes may face criminal penalties based on their acts or offenses under Law No. 11 of 2012. Only Article 69 paragraph (2) and Article 81 can be used to punish adolescents who commit crimes. Children are legally protected under Law Number 35 of 2014 amending Law Number 23 of 2002 concerning Child Protection. Child protection refers to all efforts made to safeguard and maintain children's rights, including their ability to develop and interact with the world in line with their human dignity and moral ideals, as well as to protect them from harm and damage.
BACK MATTER VOL. 3 NO. 2 AGUSTU 2023 Chaula Luthfia
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 3 No. 2 May-August 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i2.21744

Abstract

Power of Judges in Deciding Legal Liability of Criminals with Mental Disorders Irma Sandra; Benny Irawan; M Noor Fajar Al Arif F
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 3 No. 2 May-August 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i2.20927

Abstract

Murder is one of the substantive crimes whose formulation focuses on prohibited laws and punishable consequences. The aims of this study are 1) to analyze legal responsibility for perpetrators of mental disorders based on positive law in Indonesia; and 2) Analyze the judge's decision considerations for criminal offenders with mental disorders. This research uses normative legal methods with a case approach. This study found that 1) criminal responsibility for perpetrators of criminal acts who experienced psychiatric disorders before being declared mentally ill by expert witnesses, the judicial process continued as it should; 2) The judge considers that the settlement of criminal offenders who experience mental problems depends on the cases referred to in Article 184 paragraph (1) of the Criminal Procedure Code. In conclusion, Article 44 paragraph (1) of the Criminal Code explains what is meant by responsibility, which affects a person's actions before being found to be irresponsible because of a mental disorder, whether all of his actions will be declared completely innocent by law or whether some of his actions are legal. Proof in a criminal trial must also consider the required evidence of at least 2 (two) valid pieces of evidence and the judge has the right to provide a response that the defendant is guilty of committing a crime according to Article 183 of the Criminal Procedure Code. 
Sanksi Pidana terhadap Pelaku Penista Agama Studi Kasus Putusan Pengadilan Negeri Pandeglang Nomor : 28/Pid.Sus/2018/PN Pdl Amirulloh Ahdad; Ridwan Ridwan; Reine Rofiana
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 3 No. 2 May-August 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i2.19585

Abstract

The polemic on the issue of blasphemy or better known as blasphemy has again become a discussion on the topic of this problem, especially in Indonesia because of the massive flow of information and freedom of opinion. Like a Pandeglang resident, especially a resident of Gadog Village who was entangled in a blasphemy case. Based on his actions, the articles charged against Arnold are: Article 45A paragraph (2) of ITE Law No. 19/2016. This research is normative juridical research, which is research conducted or aimed only at written regulations or legal materials consisting of secondary materials including Judges' Decisions, laws and regulations, books, journals, and other literature and supported by data obtained through interviews. This research resulted in the conclusion that the judge's legal considerations in this decision lacked a sense of justice, especially for the defendant. The panel of judges only considers witnesses and experts who incriminate the defendant and does not consider the defendant's testimony. The decision of the Pandeglang District Court Judge was corrected by the Banten High Court Judges on one of the grounds that the length of the sentence (strafmaat) imposed on the defendant did not pay attention to the purpose of punishment and the rules of justice for all parties, not just one of the parties. The Judex facti/High Court in its judgment hesitated to say that the screenshot was not maintained integrity and the Public Prosecution did not conduct digital forensics on the Facebook status on which the charges were based, but the Judge still found the Defendant guilty of his actions.
Urgensi Kriminalisasi Pengguna Jasa Prostitusi di Indonesia Andrew Ramadhani; Hervina Puspitosari
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 3 No. 2 May-August 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i2.15138

Abstract

Prostitution is a crime that not only injures legal norms, but the whole norm is also injured, starting from religious norms, decency, and decency. The number of cases of prostitution in Indonesia is increasing. There are 3 (three) interrelated subjects in the practice of prostitution, namely service users, service providers or commercial sex workers (PSK) and pimps. The Criminal Code (KUHP) actually only regulates the threat of punishment for prostitution against the pimp, does not regulate the threat of punishment against users of prostitution services. Based on this, this research needs to explore criminal law policies against users of prostitution services in Indonesia as well as the urgency of their criminalization. The research methodology is normative, with a statutory and conceptual approach. Data collection was obtained by means of library research and interviews by taking samples at the Surabaya District Attorney. The results of the study indicate that criminal law policies against prostitution service users in Indonesia are contained in Regional Regulations (perda) which only exist in a few areas, namely the City of Surabaya, Jakarta and Bumbu Regency, South Kalimantan Province, which regulates punishments in the form of imprisonment/fines/ returned to his family. The inconsistency of the sentencing rules is certainly very confusing and the punishment is also not a deterrent. Cases of prostitution in Indonesia if you look at the side of the Criminal Code, of course it is difficult to reduce it if you only criminalize the pimps and allow users of prostitution services which are actually the root cause of the practice of prostitution. If there are no prostitution service users, then there are no pimps and service providers either. Users of prostitution services in Indonesia are therefore obliged to be eradicated by criminalizing them.
Penegakan Hukum terhadap Pelaku Tindak Pidana Kekerasan Seksual (Studi di Polresta Sidoarjo) Nabilla Tasya Shalsahbila; Yana Indawati
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 3 No. 2 May-August 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i2.19100

Abstract

This study will concentrate on the legal actions taken by the Sidoarjo Police against those who commit offenses involving sexual violence in the Sidoarjo Regency. To provide legal clarity for the society, law enforcement actions are taken against those who commit offenses including sexual violence. The goal of this study was to examine how the Sidoarjo Police enforced the law against those who committed crimes involving sexual assault in the Sidoarjo Regency, as well as to identify any challenges that had to be overcome in this regard. This study employs a qualitative data analysis approach and is legal-empirical in nature. Interviews, data gathering techniques, and literature analysis were all used in this study. Based on the study's findings, it can be seen that the Sidoarjo Polresta carries out a process of preliminary and thorough inquiry against those who commit crimes involving sexual violence so that they can later be prosecuted in accordance with the provisions of the relevant law., The obstacle is limited authority as a result of unratified implementing regulations, uncooperative suspects as the investigation moves forward, and society's general lack of legal awareness are all obstacles that arise in the law enforcement effort.

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