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[Local Government Implementation of Business Licensing After the Issuance of the Job Creation Law ]]>
<![CDATA[Muktafa, M. Adil]]>;
<![CDATA[Najib, Ahmad Ainun]]>;
<![CDATA[Rifa’i, Iman Jalaludin]]>
<![CDATA[ Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 4 No. 1 January-March 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/yta.v4i1.24454
<![CDATA[Indonesia's 2020 Job Creation Law represents a critical legislative effort to boost investment by streamlining business licensing. This research addresses the pressing need to evaluate the real-world implications of this policy shift. Using a mixed-methods legal approach, we analyze the legal framework and its practical application. The novelty of this study lies in its focus on the socio-legal consequences of the new centralized, risk-based Online Single Submission system (OSS-RBA), which now manages all business licensing. Our findings show that while the reform has eased administrative burdens for businesses, the centralization of power away from local governments has unintendedly led to conflicts between businesses and local communities. This study's contribution is a critical examination of this legal reform, arguing that its positive economic goals may be undermined by unresolved social tensions at the local level.]]>
<![CDATA[Maslahah Mursalah Approach on the Case of Ghoib Divorce in Islamic Law Perspective ]]>
<![CDATA[Feoh, Jelita Marliana]]>;
<![CDATA[Ben-Asher Siagian, Joy Daniel]]>;
<![CDATA[Maladi Herwanto, Victoria Indry]]>;
<![CDATA[Falyafil, Zakaria]]>
<![CDATA[ Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 4 No. 1 January-March 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/yta.v4i1.24385
<![CDATA[This article aims to analyze the legal considerations of Judge in deciding the case of ghâib divorce and to trace the consideration of the decision which is the reason why the judge granted the case from a maslahah perspective. This research is normative legal research with a case study approach. The main source of this research is by using Law No. 1 of 1974, Government Regulation No. 9 of 1975, Compilation of Islamic Law, journals, articles, and fiqh books / books on maslahah, and related research issues. The result of this research is that the judge granted a divorce case before two years, to provide certainty of legal status in the Plaintiff's marriage with the Defendant, which was difficult to build. The judge's consideration in this case did not only refer to Article 19 letter (b) of Government Regulation No. 19 of 1975 jo. Article 116 letter (b), but also guided by Article 19 letter (f) of Government Regulation No. 19 of 1975 jo. Article 116 letter (f) with the process of summoning the ghâib. In this case, the ghâib cannot stand alone so that the panel of judges has another opinion by looking at the reason for the defendant's ghâib. When looking from the side of benefit in the five criteria of Dawâbit al- Maslahah, the judge's legal consideration in granting the plaintiff's claim with valid reasons according to the Law can uphold justice as an effort to maintain the preservation of religion and soul]]>
<![CDATA[Strategic Navigation of Waqf Law: Maximizing the Productivity of Waqf Land Management ]]>
<![CDATA[Shahrullah, Rina Shahriyani]]>;
<![CDATA[Syarief, Elza]]>;
<![CDATA[Arifin, Inal]]>
<![CDATA[ Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 4 No. 1 January-March 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/yta.v4i1.23549
<![CDATA[Waqf is considered a recommended act of worship in Islamic teachings and reflects the devotion of individuals. To safeguard the community's interests, the state has established a legal framework concerning Waqf through Law Number 41 of 2004. According to this law, waqf pledges are no longer limited to verbal declarations but must be recorded in written form through an official waqf pledge deed. Furthermore, the law emphasizes the need for productive waqf management. In East Tanjungpinang District of Tanjungpinang City, the quantity and size of waqf land surpass those of other districts within the city. This presents an intriguing opportunity to investigate the effectiveness of productive waqf land management in this District based on Law No. 41 of 2004 on Waqf. The research takes an empirical juridical approach, aiming to assess effectiveness and identify constraints encountered in the implementation of the Waqf Law in East Tanjungpinang District. Data for the study was collected from various sources, including books, journals, relevant documents (secondary data), and interviews conducted with stakeholders involved in waqf management (primary data). The findings of the study demonstrate that waqf implementation in East Tanjungpinang District aligns with Islamic teachings and Law No. 41 of 2004 concerning Waqf. However, several obstacles hinder its effective implementation, including law enforcement, infrastructure, community, and cultural factors.]]>
<![CDATA[Data Leakage of Consumer Personal Data in Telecommunications Services Customer Registration: Who Is Responsible? ]]>
<![CDATA[Fitri, Winda]]>;
<![CDATA[Disemadi, Hari Sutra]]>;
<![CDATA[Rindiyani, Monica]]>
<![CDATA[ Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 4 No. 1 January-March 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/yta.v4i1.22518
<![CDATA[The Indonesian government mandates users of SIM cards to register their National Identification Number (NIK) and Family Card number (KK) correctly to activate their prepaid numbers. However, the prepaid card registration policy invites irresponsible individuals who use that personal data without the owner's permission. Therefore, the main issue in this research is, the legal regulations governing the protection of personal data in Indonesia, the role of telecommunications service providers in maintaining the confidentiality of consumer data, and how government agencies play a role in efforts to protect personal data in Indonesia. Type of research used in this research is normative legal research and used data collection technique through literature research. The findings of this study can be summarized as follows, regarding Law No. 27 of 2022 on Personal Data Protection (PDP Law) that provides a strong legal basis for protecting consumer personal data, regulating individual rights to their personal data, and establishing obligations for personal data managers. As well as telecommunications service providers have the responsibility to provide clear and transparent information to consumers about how their personal data will be used and processed. Along with the government agencies function to enact and supervise personal data protection regulations and educate public about data privacy awareness.]]>
<![CDATA[Legal Implication on Relaas: Conventional Court Summons by Registered Letters ]]>
<![CDATA[Nur Aini, Alya Septira]]>;
<![CDATA[Mardiananingrum T.V.M, Sri Maharani]]>;
<![CDATA[Wahyudi, Eko]]>
<![CDATA[ Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 4 No. 1 January-March 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/yta.v4i1.24475
<![CDATA[The issuance of PERMA No. 7 of 2022 has led to a shift in the implementation of conventional summons to using registered letters. The details of this change are further explained in SK. KMA 363/KMA/SK/XII/2022, which has implications for society. Society benefits from a more effective and efficient implementation, leading to reduced costs. However, challenges arise regarding the non-receipt of registered letters by parties involved in court proceedings. This study aims to analyze the legal implications of summons implementation based on Civil Procedure Law and PERMA No. 7 of 2022 along with SK KMA 363/KMA/SK/XII/2022. It also seeks to analyze the legal protection available for affected parties. This research adopts a normative juridical approach, utilizing both primary and secondary sources of data. Data collection methods include literature review and interviews, followed by descriptive analysis. The research findings indicate that the implementation of summons through registered letters lacks clear legal information or regulations regarding legal protection, highlighting the need for legal safeguards for aggrieved parties.]]>
<![CDATA[Incursions into Territorial Waters: Violations of Innocent Passage by Foreign Autonomous Underwater Vehicles (A Case Study on Indonesia's Territorial Waters) ]]>
<![CDATA[Anom, Surya]]>;
<![CDATA[Citrawan, Ahmad Lanang]]>
<![CDATA[ Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 4 No. 1 January-March 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/yta.v4i1.22148
<![CDATA[Based on AIS (Automatic Identication System) monitoring, some time ago some violations occurred in Indonesian waters. The violation of entering the territory of the State of Indonesia, especially in the sea area using a seaglider or AUV, was carried out by Chinese-agged ships without permission from the Government of Indonesia, such as the Xiang Yang Hong 03, Xiang Yang Hong 19, Xiang Yang Hong 01, and Yuan Wang 6. Alleged drones or AUVs that enter Indonesia's sovereign territory belong to China because the AUV ndings are written China Shenyang Institute of Automation, Chinese Academy of Sciences. The cross-peaceful violations committed by the Chinese State using the AUV were carried out many times, so the Indonesian Government has protested through the Ministry of Foreign Affairs, but until now it has not received a response from the Chinese State. The research method uses normative juridical, which analyzes the literature on primary data in the form of authoritative legal materials and secondary legal materials in the form of legal publications. This paper will use a statutory approach to see the consistency and compatibility between one law and another. Furthermore, it is analyzed using a descriptive method.]]>
<![CDATA[Protecting Child Victims in Armed Conflicts: A Critical Look at International Humanitarian Law ]]>
<![CDATA[Rivanally, Raydiva Tidar]]>;
<![CDATA[Danial, Danial]]>;
<![CDATA[Sitamala, Afandi]]>
<![CDATA[ Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 4 No. 1 January-March 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/yta.v4i1.23361
<![CDATA[Armed conflicts have severe humanitarian consequences, especially for civilians. Among the most vulnerable are children, who require specific protection under international law. This study examines two critical questions: how the 1949 Geneva Conventions regulate the protection of children in armed conflicts, and whether the protection of children during the Russia-Ukraine conflict aligns with these legal frameworks. Using legal protection theory and humanitarian principles, this normative juridical study analyzes literature and secondary data. The findings reveal that the Geneva Conventions, along with Additional Protocols I and II, explicitly protect children in armed conflicts. However, the study also highlights a breach of these protections in the Russia-Ukraine conflict, where recruitment of minors as soldiers violates international law. This research underscores the urgency of ensuring compliance with international humanitarian law to safeguard children in war.]]>
<![CDATA[Beyond Vows: Unraveling Sundanese Customary Marriages by The Parental/Bilateral Kinship System ]]>
<![CDATA[Karwiyah, Karwiyah]]>;
<![CDATA[Nugroho, Bambang Daru]]>;
<![CDATA[Kusmayanti, Hazar]]>
<![CDATA[ Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 4 No. 1 January-March 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/yta.v4i1.23523
<![CDATA[This research investigates the intricate relationship between customary marriage laws and the unique kinship systems prevalent among indigenous communities, with a focus on the Sundanese people in West Java, particularly the Karawang Regency. In the captivating landscapes of West Java, Sundanese societies adhere to a parental/bilateral kinship structure, where familial ties intricately shape their customs.This paper explores the nuanced interplay between legal regulations and cultural practices in Sundanese customary marriages. Beyond procedural adherence, these unions are deeply rooted in both legal frameworks and community traditions. The research adopts a juridical normative approach, utilizing descriptive-analytical methods. Primary, secondary, and tertiary legal materials undergo scrutiny through extensive literature research, complemented by on-the-ground observations. The study aims to provide a comprehensive overview of the legal dynamics and sanctions associated with customary marriages within the Sundanese parental/bilateral kinship system. By intertwining legal insights and cultural nuances, this research contributes to a deeper understanding of how the Sundanese community navigates the delicate balance between legal requirements and cherished traditions in the realm of matrimony.]]>
<![CDATA[Ne Bis in Idem Judgement in Criminal Cases of Money Laundering with a Predicate Crime of Corruption ]]>
<![CDATA[Ahmadi, Ahmadi]]>;
<![CDATA[Irawan, Benny]]>;
<![CDATA[Herli, Dadang]]>
<![CDATA[ Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 4 No. 1 January-March 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/yta.v4i1.21761
<![CDATA[Judicial application of ne bis in idem in Indonesian courts, where money laundering charges are dismissed after a corruption conviction, creates a serious legal problem. This study argues that, despite some judicial opinions, these are distinct crimes and not a single offense. Using a normative juridical approach and analyzing key court decisions (Jambi District Court Decision No. 282/PID.SUS/2015/PN.Jmb and Supreme Court Decision No. 321K/PID.SUS/2016), this research demonstrates that this practice undermines legal certainty and justice, allowing criminals to evade prosecution for a separate offense. The findings reveal the urgent need for a clear legal distinction between these two crimes and propose that appeals are the proper legal remedy to challenge such decisions, thereby strengthening law enforcement and asset recovery efforts.]]>
<![CDATA[Legal Philosophy Perspective Toward Post-Divorce Child Custody in Indonesia ]]>
<![CDATA[Damayanti, Sabrina]]>;
<![CDATA[Betary, Sevia Ayu]]>;
<![CDATA[Pitriani, Winda]]>;
<![CDATA[Sihombing, Amanda Jessica]]>
<![CDATA[ Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 4 No. 1 January-March 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/yta.v4i1.24367
<![CDATA[This article discusses child custody after divorce of parents from the perspective of legal philosophy and the best interests of the child, legal philosophy, looking for the best application of child custody between the two and analyzing the factors that cause judges to decide on single and joint custody. The research method used is normative legal research using statutory and conceptual approaches. The results of the study state that joint child custody has more benefits in preventing children as objects of custody ownership in parental disputes and ensuring the psychological condition of children is maintained in the context of child development. In addition, in practice, judges still apply hadhanah singly as stipulated in the Compilation of Islamic Law, but there one PA Decision, PA Gedong Tataan Decision Number: 0334/Pdt.G/2019/PA Gdt which decides child hadhanah comprehensively and refers to the best interests of the child and sees more maslahah for the child, rather than the interests of the parents]]>
