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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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Surrogacy Agreement in The Perspective of Legal Sociology Maulana, Muhamad Reza
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol 4, No 4 (2024): Oct - Dec 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v4i4.25079

Abstract

This research examines the validity of surrogacy agreements in civil law and discusses surrogacy agreements in the perspective of legal sociology. The research method used is normative legal research conducted using a statute approach and conceptual approach, then analyzed qualitatively. The results of the research show that there is a problem regarding the validity of the surrogacy agreement which is considered not to meet the legal requirements of the agreement in Article 1320 of the Civil Code which is an objective requirement. The surrogacy agreement when viewed from the perspective of legal sociology will cause a social change in society based on the existence of a need where the surrogacy agreement raises pros and cons in various circles of society. In the perspective of legal sociology, the surrogacy agreement can be seen from a philosophical perspective which will cause debate in terms of ethics and morals, also seen from a pragmatic perspective where the surrogacy agreement can cause benefits for couples experiencing infertility.
Implications of Land Sale and Purchase Agreements with Unconverted Eigendom Rights Ginting, Yuni Priskila
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol 4, No 3 (2024): July - Sept 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v4i3.24976

Abstract

Legal developments have shown that the absence of evidence of conversion of former Eigendom land can be a basis for canceling the land sale and purchase agreement. In general, to decide that a sale and purchase agreement for ex-eigendom land is null and void, the court must consider the evidence presented by the parties involved in the trial. Research involving a case approach and legislation plays an important role in determining whether a sale and purchase agreement for ex-eigendom land can be considered valid or null and void. If there is not sufficient evidence to show that the Eigendom land has been converted into legal ownership, then the court has the authority to declare that the sale and purchase agreement is invalid. The court's decision in this case is based on legal principles governing evidence and evidence in court. If during the trial there is no sufficient evidence to show that the eigendom land has been converted, then the court can decide by the law to protect the interests of the parties involved in the land transaction. This shows the importance of ensuring that all requirements and procedures stipulated in the law are fulfilled in every land transaction to avoid disputes and legal problems in the future.
Cybercrime as Transnational Crime: Law Enforcement and Countermeasure Problems in the Perspective of International Criminal Law Banjarani, Desia Rakhma; Rahmadhani, Muhammad Apriliansyah
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol 4, No 4 (2024): Oct - Dec 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v4i4.29046

Abstract

Today's interconnected world, cybercrime is a pressing global issue that transcends national borders, rendering domestic legal frameworks inadequate. Despite the significant losses from cybercrime within its borders, Indonesia has not yet ratified the 2001 Convention on Cybercrime, a key international legal instrument. This research addresses this urgent issue by examining Indonesia's current approach to combating transnational cybercrime and evaluating it from the perspective of international criminal law. Employing a normative legal research methodology with case and legislative approaches, this study reveals that Indonesia's efforts are hampered by complex challenges related to jurisdiction, legal frameworks, and enforcement. Our findings emphasize the critical need for Indonesia to address these issues by adopting an international legal perspective. The study's main contribution is to propose a path forward: the development of comprehensive legal instruments—such as ratifying the Convention on Cybercrime—alongside strengthened international cooperation through information sharing, training, and technical assistance. This provides a novel framework for Indonesia to more effectively combat cybercrime.
Legal Protection for Other Creators Whose Works are Used in Artificial Intelligence Data Systems in Terms of the Law on Copyright Rahmasari, Nindy Alievia; Purwanto, Aldira Mara Ditta Caesar
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol 4, No 3 (2024): July - Sept 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v4i3.24626

Abstract

This study investigates the complex legal landscape surrounding artificial intelligence (AI) and its impact on copyright law. By examining cases that have occurred in the world, the study explains the challenges in protecting AI-generated works as well as the legal protections through Law No. 28 of 2014 on Copyright that have until now accommodated the concept of legal protection of the exclusive rights of creators. This research underscores the need for a strong legal framework to uphold the rights of creators and effectively regulate the intersection of AI and copyright that continues to grow rapidly in today's technological era. This research uses a normative juridical approach with the aim of determining the meaning of a concept and legal rules that will be used as a reference in the process of solving legal problems that have become the focus of research. Data for this research was collected from various sources including books, scientific journals, and legislation. The findings in this study show the results that there are regulations that are considered similar in concept in terms of legal protection for creators formed in two aspects, namely preventive and repressive. However, this cannot exclude the fact that regulations related to artificial intelligence and the legality of its practice in Indonesia remain an urgency for the government to formulate in order to respond and solve similar problems by reflecting on the practice of cases that have occurred in several countries as mentioned earlier.
Cooperation Frameworks of Indonesia and Cambodia Against Transnational Organized Crime in Online Gambling Human Trafficking Valerisella, Nila; Sliviani, Ninne Zahara; Situmeang, Ampuan
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol 5, No 1 (2025): Vol 5, No 1 (2025): Jan - March 2025
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v5i1.29901

Abstract

Trafficking in Person (TIP) is a transnational crime affecting both countries of origin and destination, with significant implications for vulnerable individuals, particularly those in the online gambling sector. This research explores the categorization of TIP victims working abroad, focusing on legal frameworks and government cooperation to combat this issue. Using a normative juridical approach and qualitative analysis, the study emphasizes the urgency of cross-border collaboration in TIP prevention. The findings highlight the critical need for strengthened international agreements, regional cooperation, and the enforcement of robust legal sanctions against transnational crime syndicates. This research contributes to a deeper understanding of TIP within specific sectors and proposes actionable recommendations to enhance global anti-trafficking efforts.
Law, NFTs, and Pop Culture: Analyzing Intellectual Property in Indonesia through the Lens of Modern Cultural Products Tobing, Joel Jordan; Situmeang, Ampuan; Disemadi, Hari Sutra
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.v4i2.23852

Abstract

The development of technology and digital transformation has led to the growth of industries such as the creative business industry. One of its impacts is the emergence of Non-Fungible Tokens (NFTs). NFTs are digital assets in the form of tokens representing ownership of a digital artwork. In Indonesia, NFTs currently lack specific legislative regulations, and there is no explicit and clear regulatory framework regarding the protection of NFTs in terms of their intellectual property aspects. Therefore, this study examines the development of NFTs in Indonesia, along with the legal position and protection of NFTs based on intellectual property law in Indonesia. In this research, the author employs a normative juridical research method with a legislative approach. Based on the research findings, it is evident that the development of NFTs, both globally and nationally, is quite significant. The public is increasingly becoming acquainted with NFTs, which have substantial prospects and are associated with many high-commercial-value works. Regarding NFTs as creative works, the regulation that accommodates the protection of intellectual property for NFTs in Indonesia is Law No. 28/2014. It is known that NFTs can take the form of images, paintings, videos, and music, which are considered parts of creations protected by copyright.
Legal Analysis of the Supervision on Hygiene and Sanitation Application Aspects of Restaurant Shalmont, Jerry; Yap, Abigail Angeline; Maharani, Aurelia Gisa; Khuin, Khuin; Putri, Rafirstka Madyah; Nevada, Valonia
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol 4, No 4 (2024): Oct - Dec 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v4i4.34373

Abstract

A restaurant is a type of business that focuses on food services, equipped with facilities and equipment to carry out the processes of food or beverage preparation, storage, serving, and selling to the public at its premises. In managing a restaurant, the implementation of hygiene sanitation becomes a very important aspect, as it is an effort to control risk factors that could lead to contamination of the food being handled. Improper application of hygiene and sanitation can result in occurrences that are detrimental to consumers. This study applies a normative research methodology that is founded on constructive legal standards and their practical use in the real world situations. The findings of this investigation discuss one of the restaurants in Indonesia, which is known not to implement the proper hygiene and sanitation standards for restaurants, as well as the legal consequences and responsibilities of the hygiene for the losses experienced by its consumers.
Bridging the Restitution Gap: Reforming Juvenile Justice for Child Homicide Cases Herman, KMS; Tjhia, Kimico Margaretha
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol 5, No 2 (2025): Rule of Law: Legal Certainty, Policy, and Governance
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v5i2.30868

Abstract

The Indonesian juvenile justice system urgently needs reform to address a critical legal void: restitution for victims in child homicide cases. Current regulations lack specific provisions, creating uncertainty and hindering justice for both victims and young offenders. This research, employing a normative approach, analyzes how a transformed system can balance child rights protection, victim justice, and legal certainty. Drawing on principles of justice, utility, and legal certainty, it advocates for integrating restorative justice to facilitate restitution. The study reveals that restorative justice effectively allows restitution to function as both victim compensation and a crucial element in offender rehabilitation. This transformation is vital for the juvenile criminal justice system to fulfill its legal objectives and promote social justice.
Contradiction and Legal Transformation in the Shift of the Correctional System from Retributive to Social Reintegration in Indonesia Purnomo, Didik
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol 5, No 2 (2025): Rule of Law: Legal Certainty, Policy, and Governance
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v5i2.32432

Abstract

The transformation of Indonesia’s correctional system from a retributive approach that emphasizes punishment and isolation toward social reintegration through Law Number 22 of 2022 on Corrections has generated normative contradictions with the previous law oriented toward retribution. This transition faces structural obstacles such as prison overcrowding and budgetary constraints, yet it is driven by policy reforms aimed at achieving the successful reintegration of inmates. This study aims to understand the root causes of legal issues, trace the regulatory development, and examine various crucial aspects that may function as barriers or, on the other hand, encourage the implementation of the reintegration model. This research analyzed the legal transformation of the correctional system from retributive to reintegrative in Indonesia through a normative juridical and historical approach. It utilized primary data from legislation, secondary data from literature, tertiary data from official publications, and case studies, which were analyzed using content analysis and a descriptive-analytical method. The research results indicate that the transformation of Indonesia’s correctional system toward a rehabilitative and restorative paradigm through Law No. 12/1995, Law No. 22/2022, and the National Criminal Code No. 1/2023 remains hindered by overcrowding, budget limitations, and social stigma. Therefore, policy synergy, institutional capacity building, and a shift in social paradigms are required to realize restorative justice, human rights protection, and sustainable inmate reintegration
Ethics of Election Organizers in the Implementation of Simultaneous Regional Elections in 2024 Dewi, Lia Riesta; Novita, Maya Sri
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol 5, No 2 (2025): Rule of Law: Legal Certainty, Policy, and Governance
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v5i2.29343

Abstract

This study focuses on looking at the dynamics and constellation of the ethics of the Election Commissions in organizing the 2024 Simultaneous Regional Elections. This paper aims to gain an understanding of two things. First, the implementation of ethics institutionalization and enforcement of election ethics. Second, the dynamics of the development of the ethics of election organizers in the implementation of the 2024 simultaneous regional elections. The paper is prepared based on normative legal research based on secondary data. The results of the study found that: first, the ethics of the Election Organizer are enforced with a tiered source of national ethics starting from Pancasila as philosofische grondslag to DKPP Regulations related to the Election Organizer's Code of Ethics. Second, the integrity and professionalism of the election can be realized if the Election Organizer in interpreting the code of ethics is guided by the principles of the Election Organizer's code of ethics.

Page 13 of 14 | Total Record : 134

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