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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 134 Documents
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The Islamic Law Perspective toward Implementation of Post-Divorce Women’s Rights Millah, Widatul; Huda, Miftakhul
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol 4, No 2 (2024): April-June 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v4i2.25051

Abstract

Women's rights after divorce in the provision of iddah maintenance are regulated in Marriage Law No. 1 of 1974 and the Compilation of Islamic Law. The provision of iddah maintenance is divided into two parts, related to the divorce process, namely divorce raj' and divorce bain. In the case of raj’i divorce, the provision of iddah maintenance is clearly regulated that a woman who is divorced raj’i gets the right to iddah maintenance because raj’i divorce causes a wife to have a waiting period before they enter into the next marriage. Meanwhile, iddah maintenance in bain divorce is not regulated in the Compilation of Islamic Law or the Law. This confirms that women who are divorced bain do not get iddah maintenance. However, these provisions contain interpretations and are clarified by several relevant provisions such as PERMA No. 3 of 2017. This paper uses a normative juridical approach, which focuses on the applicable laws and regulations related to post-divorce iddah maintenance with a submission from the woman or post-divorce bain sughra. This study found that first, the provisions regarding iddah alimony whose submission process is carried out by women, contain generality. However, the generality is clarified or specialized by PERMA No. 3 of 2017 in relation to several other provisions, which explain the ex officio rights of a judge. Secondly, the laws and regulations related to iddah alimony that are listed have not yet been fully implemented.
Protecting Child Victims in Armed Conflicts: A Critical Look at International Humanitarian Law Rivanally, Raydiva Tidar; Danial, Danial; Sitamala, Afandi
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 4 No. 1 January-March 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v4i1.23361

Abstract

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.
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.
Studi Hukum Pidana Atas Efektifitas Pelaksanaan Tilang Elektronik dalam Penanganan Pelanggaran Lalu Lintas (Studi Di Direktorat Lalu Lintas Polda Banten) Mutie, Syeila; Asphianto, Aan; Mohas, Muhyi
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol 4, No 2 (2024): April-June 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v4i2.24167

Abstract

Electronic tilang are not yet on target and are considered to be ineffective for all types of traffic violations and according to criminal law studies, electronic tickets are not effective because the sanction of imprisonment is not implemented. The method used in this research is normative juridical. Data collection techniques used in literature study research. The data analysis used in this research is descriptive analysis. The results of this discussion are that the function of criminal law in its function, both preventive (prevention) and repressive (control) for traffic violations using an electronic ticketing system during the period 2021, 2022 and 2023 shows an increase in the number of traffic violators and fewer confirmed ones because there are still Many people ignore etle and do not comply with the rules and are paid more than what is billed. The implementation of electronic ticketing in handling traffic violations by the Traffic Directorate of the Banten Regional Police has not been effective in dealing with traffic violations that occur on the highway because there is no National Police Regulation regarding the electronic ticketing mechanism and the fact shows that ETLE device cameras can only detect certain types of violations. on the highway and cannot cover the types of violations as regulated in Undang-Undang Nomor 22 Tahun 2009 tentang Lalu Lintas dan Angkutan Jalan. Apart from that, electronic tickets cannot be applied to motorized vehicles that use signs that do not provide a deterrent effect to drivers of motorized vehicles who commit traffic violations and cannot take action against all types of traffic violations because the CCTV camera depends on the electronic ticket and the specification of the violation depends on the digital ticket camera.
Beyond Vows: Unraveling Sundanese Customary Marriages by The Parental/Bilateral Kinship System Karwiyah, Karwiyah; Nugroho, Bambang Daru; Kusmayanti, Hazar
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 4 No. 1 January-March 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v4i1.23523

Abstract

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.
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
The Implementation of Adat Land Law (Study of Adat Land of Grand Sultan Tanjungbalai) Rahmat, Rahmat; Nasution, Emmi Rahmiwita; Bima, Meirad Arianza
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol 4, No 2 (2024): April-June 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v4i2.24506

Abstract

This study aims to examine the tactics used by the Tanjungbalai City Land Office to register Sultan Grant land. The study employs a qualitative technique with a descriptive approach, concentrating on the context and persons engaged in the Sultan Grant land registration process at the Tanjungbalai City Land Office. The data highlight various barriers to registering Sultan Grant land. The strategies for registering Sultan Grant land include: first, registering the Sultan Grant and then following the procedure for confirming conversion or recognizing rights; second, for Sultan Grants that have been transferred to another party, registering the land through the former Sultan's state land Grant procedure; and third, for Sultan Grants that are not yet registered, treating the registration as an application
Ne Bis in Idem Judgement in Criminal Cases of Money Laundering with a Predicate Crime of Corruption Ahmadi, Ahmadi; Irawan, Benny; Herli, Dadang
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 4 No. 1 January-March 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v4i1.21761

Abstract

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.
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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