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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 12 Documents
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Search results for , issue "Vol. 3 No. 3 September-December 2023" : 12 Documents clear
Socio-Legal Approaches on City Street Vendors Management Rina Shahriyani Shahrullah; Ampuan Situmeang; Jefri Harianto Nababan
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 3 No. 3 September-December 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i3.21595

Abstract

The Batam City Regulation Number 1 of 2019 concerning the Arrangement and Empowerment of Street Vendors (Perda PPPKL) is implemented to regulate and organize street vendors who violate the regulations to ensure the protection of the rights of every citizen, especially in Batam City. This regulation emphasizes public interests to achieve justice in the Batam community. The Public Order Agency (Satuan Polisi Pamong Praja/Satpol PP) is responsible for enforcing this regulation. However, in reality, there are still many street vendors selling in public areas. The roads in the Ramayana Jodoh area to the Tos 3000 market in Batam have turned into street vendor stalls, making it difficult for traffic to pass through. This research aims to analyze the implementation of the 2019 Batam City Regional Regulation and the enforcement of the Regulation by the Public Order Agency (Satpol PP). Therefore, it uses empirical legal research with a sociological approach. The findings of this research indicate that there are still various obstacles in implementing the Perda PPPKL by Satpol PP, including the absence of the City's Spatial Plan (RTRW) and the easy entry of second-hand goods into Batam city.
Perlindungan Hukum Pekerja di Bidang Jaminan Sosial Tenaga Kerja Pasca Berlakunya PERPU Cipta Kerja Dede Agus
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 3 No. 3 September-December 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i3.22136

Abstract

The safeguarding of laborers and workers' rights within the framework of social security has evolved through various legislative phases, originating from the Dutch colonial era and culminating in the recent enactment of the Job Creation Perpu No. 2 of 2022. This paper aims to scrutinize the legal protection afforded to laborers in the realm of social security following the implementation of the Job Creation Perpu. Employing normative juridical methods and utilizing statute and conceptual approaches, this research leverages secondary data and qualitative descriptive analysis to explore solutions to legal quandaries. The study reveals that the Job Creation Perpu has modified and updated provisions pertaining to workers' social security within Law No. 40 of 2004 on the National Social Security System and Law No. 24 of 2011 on Organizers of the Social Security Bodies. Consequently, the social security framework now encompasses six distinct programs: health insurance, work accident insurance, old age insurance, pension insurance, death insurance, and job loss insurance. The addition of job loss insurance as a supplementary program enriches social security for workers by offering cash benefits, access to labor market information, and job training to those experiencing layoffs. This comprehensive approach enhances the protection of workers against socio-economic risks within the ambit of social security.
Penyelesaian Sengketa Tata Usaha Negara: Obyek Sengketa Negatif dan Penerapan Asas-Asas Umum Pemerintahan Yang Baik Ahmad Rayhan; H.E. Rakhmat Jazuli; Nurikah Nurikah
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 3 No. 3 September-December 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i3.21791

Abstract

The resolution of state administrative disputes is intricately tied to the procedural law of the state administrative court, employing routes through both judicial and administrative channels. Governed by Laws No. 5 of 1986 and No. 9 of 2004, the State Administrative Court serves the purpose of providing a platform for dispute settlement and protection for the public, rooted in the general principles of good governance. The settlement of state administrative disputes, particularly those arising from negative object disputes, involves addressing unprofessional conduct by state administration officials, as delineated in Article 3 of Law No. 5 of 1986. This conduct, even if not formalized through a decision letter, is deemed a rejection under the said law. The unprofessional conduct, indicative of losses incurred by individuals or legal entities, aligns with the broader principles of good governance. In this context, state administration officials incur losses through violations of obligations that should safeguard the rights of individuals or legal entities. Article 53, paragraph (2) of Law No. 9 of 2004 underscores the importance of filing a lawsuit based on violations of the general principles of good governance. The application of these principles becomes pivotal in handling state administration disputes with negative object disputes, given the absence of a written object of dispute and reliance solely on the unprofessional conduct of state administration bodies or officials, who reject claims without issuing a formal decision. This underscores the significance of examining the procedural law of the state administrative court, where actions of state administrative bodies or officials are scrutinized for potential violations of the law in the absence of formalized government actions.
Omnibus Law dan Lingkungan Yang Berkelanjutan: Perizinan Pendirian Perumahan dan Kawasan Pemukiman Sarbini Sarbini; Ria Wierma Putri; Kasmawati Kasmawati; Daryanti Haidar
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 3 No. 3 September-December 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i3.21870

Abstract

The establishment of housing and residential areas is part of the governance system in the context of sustainable community life. This paper considers that every country has legal rules to realize the system and management of governance in the establishment of housing and residential areas through the Building Permit. However, in the Omnibus law, the IMB permit is simplified and/or abolished regarding environmental permits that were part of the issuance of IMB by the government in the previous regulation. In addition, licensing has at least 3 main functions, namely, first as an instrument in development planning, second as a financial function for the state, and third as a regulation in the actions and behavior of the community towards environmental permits to prevent environmental damage or pollution. So this research will limit the importance of legal instruments in an effort to regulate the governance of buildings erected in certain areas in order to create buildings that are safe and in accordance with land use in order to create a sustainable environment.
Status Tanah Hasil Reklamasi: Studi Empiris Pasca Pengesahan Peraturan Cipta Kerja Iwan Muri Susanto; Inge Dwisvimiar; Rani Sri Agustina
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 3 No. 3 September-December 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i3.21897

Abstract

Generally, pre-reclamation issues are related to licensing issues, which are one-sided legal actions (one-sided will of the government), as well as the issue of reclamation land concession permits, which are two-sided legal actions (government and entrepreneurs). Not infrequently regulatory policies regarding reclamation intersect with each other between the authorities of the central and regional governments. Meanwhile, post-reclamation issues are related to the form of control and ownership of reclamation land, including management rights and land rights obtained from reclamation results. This research study aims to analyze the licensing authority and status of land reclamation results to the ratification of Law Number 6 of 2023 concerning Job Creation and empirical studies on PT Gandasari Energi. This research study uses a normative-empirical legal research approach, namely combining applicable norms with data suitability in the field by comprehensively examining legal norms and a case study approach. The results of the study show that the reclamation licensing authority at PT Gandasari Energi is based on Law no. 6 of 2023, is the attribution authority owned by 2 (two) stakeholders, namely the Governor who delegates his authority to the head of the Office of Investment and One-Stop Integrated Services (DPMPTSP) of Banten Province and the Ministry of Transportation through concession cooperation with Port operator units (KSOP ) As the authority for port activities that have not been exploited commercially.
Analisis Tindak Perundungan Siswa Sekolah Dasar dan Upaya Penanggulangannya Mohamad Noor Fajar Al Arif Fitriana; Ahmad Fauzi
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 3 No. 3 September-December 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i3.21778

Abstract

Ensuring a solid foundation through basic education is crucial for students progressing to higher levels. In the learning process, creating a conducive environment is essential for comfort and effectiveness. However, a prevalent hindrance to this is bullying, particularly among elementary school students. In Indonesia, numerous bullying cases involving students have been reported, significantly impacting the learning atmosphere. Bullying manifests as a psychosocial problem where individuals repeatedly insult and humiliate others, exerting power over victims. This aggressive behavior can be physical or verbal, marked by a power imbalance between perpetrator and victim. Empathy plays a pivotal role in mitigating bullying, as individuals understanding and caring about the victim's feelings are less prone to engaging in violent acts. Educational practitioners can address bullying's impact through intervention programs, engaging parents, peers, educators, counselors, administrators, and the broader school community. Collective participation is essential, with everyone in the school community contributing to counteracting bullying. The legal framework provided by Permendikbud No. 82/2015 serves as a comprehensive guide for anti-bullying measures in schools. It delineates the responsibilities of various stakeholders and offers a structured approach to address and prevent bullying incidents. Ultimately, fostering a culture of empathy and collective responsibility is vital for creating safe and nurturing learning environments at all levels of education.
Penegakan Hukum: Kendaraan Bermotor yang Dimodifikasi dalam Peraturan Lalu Lintas Angkutan Jalan Fajar Agung Wahyudi; Muhyi Mohas
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 3 No. 3 September-December 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i3.21539

Abstract

From a legal perspective, modifications to motorized vehicles must adhere to existing rules and regulations to ensure the legal certainty and legitimacy of vehicle owners. A prevalent issue in the Serang region is the phenomenon of public workshops modifying vehicles without obtaining recommendations from a brand holder representative. This study addresses two primary questions: First, how does the Serang Resort Police enforce criminal legislation against goods transport companies that modify vehicles in line with Act Number 22 of 2009 on Traffic and Road Transportation in the Serang Resort Police area? Second, what is the criminal responsibility of goods transport companies that modify vehicles according to the standards set by the Serang Resort Police based on Act 22 of 2009 on Road Traffic and Transportation? Utilizing a normative juridical method with a statute-based approach, the research findings indicate that effective law enforcement is contingent upon three key elements: legal structure, legal substance, and legal culture, all interrelated. Due to freight forwarders' non-compliance with rules and regulations, criminal responsibility is warranted under the principles of strict liability and vicarious liability. The study concludes that there is a lack of optimal synergy in law enforcement for traffic and road transport crimes among the Serang Resort Police, Department of Land Transportation Serang District, and The Land Transportation Management Center VIII. Additionally, there are legal gaps in the Road Transportation Traffic Law, including regulations for corporations, general workshops for business actors, the application of maximum criminal sanctions, and protection for freight transportation. Issues such as a culture of bribery, selective prosecution, a lack of legal knowledge among human resources, and abuse of power for personal or group interests further complicate the situation. The study emphasizes criminal liability, focusing on elements of error based on the concepts of strict liability and vicarious liability
Dinamika Hak Lintas Damai dalam Perspektif Indonesia Mokhamad Gisa Vitrana; Syakhila Bella Maulidya
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 3 No. 3 September-December 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i3.22130

Abstract

Territorial sovereignty of the States over the sea has an exceptional contra from several the big maritime States: can their ships sail over a territorial water of the states. The history of international society has created that the seas was open for the ships of all States even sailing in waters near the coast of the States without being bound by any law. Nowadays, unfortunately sailing activities are not unlimited, but those activities are assured with a Right of Innocent Passage which is regulated by several international laws, especially the 1982 United Nation on the Law of the Sea. Apparently, the implementation of the Right of Innocent Passage falls into different perspective of State Parties. Furthermore, Indonesia is one of the State Parties to the 1982 United Nation on the Law of the Sea that already has regulations regarding the Right of Innocent Passage. This article focuses on the development the Right of Innocent Passage from its early history of its formation, codification effort by the international society and its implementation in Indonesia law.
Penegakan Hukum Pelanggaran Pemilihan Umum Yang Bersifat Terstruktur, Sistematis dan Masif Asnawi Asnawi; Asih Gaduh Andriani; Ayang Fristia Maulana
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 3 No. 3 September-December 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i3.21939

Abstract

Elections are the embodiment of a democratic state to elect leaders democratically. The inclusion of material is structurally, systematically and massively violated in statutory regulations, the authority to resolve which is given to the General Election Supervisory Agancy, is a new breakthrough. Identification of problems in this study, namely: first, how is the law enforcement system; second, how effective it is in handling law enforcement against general election violations. The research conducted is normative juridical law research with a legal approach, based on literature which uses library materials as basic data. This study uses aditional data supported by main data in the form of structured interviews. The aditional data used consists of main legal sources, secondary legal sources and tertiary legal sources. The approach in this study uses a statutory research approach and a case approach, concepts that are directed at analyzing a hierarchical regulation, concept, theory and doctrine in it. Whereas the research results obtained: first, the law enforcement of TSM violations uses the election administration law enforcement system. With severe formal and material requirements and the resulting decision is not final; second, that TSM violation law enforcement is not effective in being able to reach the violations that have occurred. Of the 4 (four) reports of suspected TSM violations that were received, 1 (one) report was not registered and 3 (three) other reports were not received at the preliminary hearing
Tinjauan Terhadap Putusan Hakim Pada Pelaku Tindak Pidana Penistaan Agama Melalui Jejaring Sosial Diki Dwi Laksono; Benny Irawan
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 3 No. 3 September-December 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i3.21555

Abstract

The verdict in the case of Alnoldy Bahari Alias Ki Ngawur Permana Bin Altik Hanafi has raised concerns due to its perceived cultural unfairness, especially considering Pandeglang Regency's identity as a city with a significant Muslim population. This paper aims to scrutinize and analyze the judge's considerations in the case of blasphemy through social networks, specifically in the Banten High Court Decision Number: 26/PID /2018/PT. BTN. Additionally, it seeks to analyze the purpose of punishment for blasphemy through social networks according to the Electronic Information and Transaction Law. Conducted as normative legal research, this study employs a case study research approach with qualitative analysis of the obtained data. The findings emphasize the relevance of legal provisions, such as Article 45A paragraph (2) jo. Article 28 paragraph (2) of Law No. 19 of 2016, which amends Law No. 11 of 2008 concerning Electronic Information and Transactions, in conjunction with Article 64 paragraph (1) of the Criminal Code. The impact of the case on the social fabric of the Pandeglang Regency community is considered, stressing the importance of crime prevention and prosecution strategies within the framework of criminal law. Furthermore, the study underscores the role of punishment in acting as a deterrent for future offenses and as a mechanism for judicial control, ensuring clarity and effectiveness in the application of penalties.

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