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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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Kewenangan Pemerintah Daerah dalam Penegakan Protokol Kesehatan pada Pilkada Kabupaten Serang Rio Gobirthdi; H E Rakhmat Jazuli
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 2 Desember 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i2.12307

Abstract

After the implementation of Covid-19 as a global pandemic that affects aspects of public health, it turns out to have an effect and spread to other aspects. In Indonesia itself, it has an impact on aspects of the government, namely the center and the regions for handling Covid-19. The holding of simultaneous regional elections during the Covid-19 pandemic has attracted the attention of local governments, one of which is the Serang Regency government because it is feared that the implementation of these elections could violate health protocols. The author is also interested in examining how the authority of the local government in enforcing health protocols in the regional elections of Serang Regency is based on Banten Governor Regulation Number 38 of 2020 concerning the Implementation of Discipline and Law Enforcement of Health Protocols as an Effort to Prevent and Control Covid-19? and how are the sanctions given to violators of health protocols in the elections in Serang Regency during the Covid-19 pandemic?This study uses empirical juridical research methods by analyzing data based on data sources, namely primary data materials with interviews with the Covid-19 Task Force, KPU and Bawaslu of Serang Regency and then analyzed qualitatively based on the research described in the form of data analysis obtained at the time of the study.The results of the research on the authority of the local government in enforcing health protocols in the regional elections of Serang Regency based on Banten Governor Regulation Number 38 of 2020 concerning the Implementation of Discipline and Law Enforcement of Health Protocols as Covid-19 Prevention and Control Efforts refer to KPU Regulation Number 6 of 2020 concerning the Implementation of the Governor Election and Deputy Governors, Regents and Deputy Regents, and/or Mayors and Deputy Mayors simultaneously continue in the Covid-19 Non-Natural Disaster conditions, namely through the Covid-19 Task Force, KPU and Serang Regency Bawaslu. Meanwhile, sanctions given to violators of health protocols in the elections in Serang Regency during the Covid-19 pandemic are sanctions in the form of verbal or written warnings, social work, and administrative fines, in Article 10 of Governor Regulation Number 38 of 2020 and Articles 5, 6, 7, and 8 KPU Regulation Number 6 of 2020.
Perbandingan Prosedur Pengangkatan Anak Menurut Hukum Positif Indonesia Dengan Hukum Islam Arya Pradana Putra; H. E. Rakhmat Jazuli
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 1 Agustus 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i1.11679

Abstract

There are various law systems in Indonesian civil law system. This kind of condition makes child adoption could use one of the governing law systems. This research is focusing on finding civil law systems that is actively governing in Indonesia and comparing the child adoption law between Islamic law and Indonesian civil law. This research uses normative-comparative approach, descriptive method, secondary data, and qualitative analysis. The result of this research shows that at least there two civil law systems in Indonesia, they are Islamic civil law (which uses Islamic Law Compilation) and Indonesian civil law (which uses various regulations made by the Indonesian parliament and government). Child adoption is regulated in Indonesian civil law and legally implicated to all parties involved. On the other hand, child adoption is not allowed in Islamic law. So that, child adoption in Islamic law will have no legal consequences to every parties involved, except the obligatory testament.
Dinamika Konstitusional Wakil Presiden Dalam Perspektif Sistem Pemerintahan Presidensial Menurut Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Azi Ferdinandi Kusnadi; Eki Furqon
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 1 Agustus 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i1.11072

Abstract

The vice president and Presidentare inter-officerelations. Tetapi the position of Vice President both before and after the change is not clearly described,, padahal authoritative authority environment is a condition of the creation of an authoritative relationship. Therefore, this paper was created with the aim to see how the constitutional dynamics of the Vice President's position in the Indonesian constitutional system. The method used is legal research(legal research)with a type of research library (library research).The results showed that there is a vagueness of the role of the Vice Presidentas an aide to thePresident in article 4 paragraph 2 of the Constitution of the Republic of Indonesia year 1945. Whether the context of the word "assisted" can be interpreted broadly or narrowly. This will have implications on the environmental relations of office and officials Wakil President and President governing the organization and working system of presidential institutions. The author recommends the establishment of special rules to regulate the position of the Vice President and the pattern of relations with the President in order to further clarify the role of each so as to create a harmonious relationship and ensure the legal certainty of governance through the Presidential Bill.
Tinjauan Kriminologis Terhadap Pelaku Tindak Pidana Penyebaran Hoax Kasus Sunda Empire ilham nurfaizi kurniawan; Benny Irawan; Rena Yulia
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 2 Desember 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i2.12053

Abstract

The spread of hoaxes in Indonesia is currently increasingly widespread and is often carried out by the Indonesian people to make others believe in an event and an information that does not have actual facts, with the circulation of this hoax news will be bad for the development of the State of Indonesia in the future. This study is to find out what factors cause the occurrence of the crime of spreading hoaxes in the Sunda Empire case and what efforts need to be made to prevent the crime of hoaxes in the Sunda Empire. The research method used is the normative juridical method, namely by examining library legal materials or secondary data, namely data that refers to legal norms in laws and regulations, legal theories and court decisions which are then analyzed qualitatively. The results of this study indicate that what factors lead to the emergence of the crime of spreading hoaxes in the Sunda Empire case in a criminological perspective due to the ego aspect which is more inclined to the id aspect so that the superego aspect is weak and unable to balance the mind in tackling inner conflicts that occur so that make the crime of spreading the Sunda Empire hoax. if not immediately prevented, it will cause more victims to be affected than.
Tinjauan Yuridis Terhadap Plagiarisme Oleh Partai Politik Suatu Negara Berdasarkan TRIPs Agreement 1994 (Studi Kasus Plagiarisme Oleh Partai Nasional Selandia Baru) Dany Ardy Saputra; Hilton Tarnama Putra M; Mas Nana Jumena
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 1 Agustus 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i1.11395

Abstract

TRIPs are one of the sources of International Law that is widely used by many countries in drafting international trade regulations. One of the things that is quite firmly regulated in TRIPs is the act of plagiarism. Today there have been many acts of plagiarism, no exception in the scope of the international community. Acts of plagiarism can also be done by anyone be it individuals, legal entities, or organization. One example of plagiarism violations occurring within the international copyright sphere is a case concerning New Zealand National Party with Eight Mile Style which is the publicist of international musician Eminem. Idetification of the problem in this study is how to set up acts of plagiarism by political parties according to TRIPs Agreement 1994 and how to solve cases acts of plagiarism by New Zealand National Party according to TRIPs Agreement 1994. This research method uses normative juridical methods that are qualitative. The research specifications used are analytical descriptive. Data collection techniques using literature study techniques and obtaining secondary data covering primary, secondary, and tertiary legal materials. Data analysis using qualitative data analysis. The conclusion of this study is that in TRIPs Agreement 1994 not including a regulation on political parties. As a legal or regulatory subject regarding plagiarism committed by political parties in resolving cases between Eight Mile Style which are legal entities and as the licensee of the song “Lose Yourself” who are suing New Zealand National Party who used the song as part of one of the party's campaign ads, in resolving the case using New Zealand Copyright Act 1994, this is in accordance with the Article 61 TRIPs Agreement 1994 stating that member states must regulate criminal procedures and penalties to be applied.
Tinjauan Hukum Pendanaan Pelaku Usaha Mikro, Kecil, dan Menengah Sebagai Bantuan Modal Kerja pada Masa Pandemi Covid-19 di Kota Tangerang Berdasarkan Peraturan Menteri Koperasi, Usaha Kecil, dan Menengah Republik Indonesia Nomor 6 Tahun 2020 Fauziatul ula; Nurikah Nurikah
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 2 Desember 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i2.12343

Abstract

The 2019 Corona Virus Disease pandemic poses a threat to Micro, Small, and Medium Enterprises, as seen from the decline in turnover to no income and causing bankruptcy. Government policies in dealing with the economic impact during the 2019 Corona Virus Disease pandemic, the government gives priority to support for Micro Enterprises with large budget allocations. Therefore, this study discusses how the legal aspects of funding micro, small, and medium enterprises as working capital assistance during the Corona Virus Disease 2019 pandemic in Tangerang City based on the Regulation of the Minister of Cooperatives, Small and Medium Enterprises Number 6 of 2020? from the implementation of micro, small and medium business capital assistance in the Tangerang City area to the sustainability of Micro, Small, and Medium Enterprises?. The research method used in the preparation of this legal writing is empirical juridical research, namely research that sees the law as a rule in society to be obeyed, with analytical descriptive specifications that discuss working capital assistance during the Corona Virus Disease 2019 pandemic in Tangerang City which is sourced from data The primary sources are legislation, books, legal science journals, and other library materials which were analyzed qualitatively. The results of this study, that the Government implements policies through the Direct Assistance Program for Micro Enterprises with the aim of strengthening the business of Micro, Small, and Medium Enterprises. The existence of such capital assistance has a positive impact on the economy in the community, thereby increasing employment opportunities.
Kajian Hukum Pencabutan Hak Politik Pada Pelaku Tindak Pidana Korupsi Suap Berdasarkan Teori Kepastian Hukum Chintya Devi
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 1 Agustus 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i1.11204

Abstract

Criminal sanctions are sanctions imposed by a judge in court on a person who has committed a criminal act or is known as a defendant. In Indonesia, criminal sanctions are divided into two, namely the main criminal sanctions and additional criminal sanctions listed in article 10 and article 35 of the Criminal Code. The imposition of additional penalties cannot stand alone but there must be primary criminal sanctions in advance. In connection with the conviction of a person, there is a need for legal objectives, one of which is legal certainty. Perpetrators of bribery corruption in imposing sanctions need a deterrent effect for the perpetrators. In this study the authors used a normative juridical research method with data collection techniques used to solve problem formulations, namely official documents, laws and regulations, official books and interviews. The purpose of this study is to analyze the elements of the imposition of additional criminal sanctions for depriving political rights of the perpetrators of bribery corruption with the realization of the principle of legal certainty.   
Peran Pemerintah Desa Dalam Penerapan Protokol Kesehatan Berbasis Kelompok Masyarakat Di Desa Wantisari, Berdasarkan Peraturan Bupati Nomor 28 Tahun 2020 Dzikri Amarullah
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 2 Desember 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i2.12264

Abstract

The village government has the authority and policy in handling COVID-19. As the village frontline, we have a very important role in controlling COVID-19. Wantisari Village, as one of the villages in Lebak Regency, should take strategic steps in implementing health protocols and adapting new habits at the village level. However, the actualization of health protocols in Wantisari Village has not run optimally, it can be proven by the presence of nineteen positive cases in Wantisari Village. Based on this background, the researcher will discuss about the role of the Wantisari village government in implementing health protocols and how to enforce law in implementing health protocols? The research method used is empirical juridical with qualitative juridical data analysis sourced from primary data based on field research in wantisari village and primary legal materials as a form of literature study based on the provisions of the Lebak regent regulation number 28 of 2020. Based on the results of the study, the authority of the wantisari village government based on the regent's regulation number 28 of 2020 has carried out several efforts in implementing health protocols. This is evidenced by the existence of several village government programs such as the establishment of a village Covid-19 task force, a tough village program, regular routine raids, and various law enforcement. However, the lack of information distribution to all community groups makes the level of community compliance with health protocols very minimal. There needs to be optimization in law enforcement by the Wantisari village government. Community participation is very much needed in terms of implementing health protocols, the community needs to work together and help each other so that the Wantisari village is protected from COVID-19.
Hubungan Keabsahan Pengalihan Piutang (Cessie) Yang Dilakukan Secara Berulang Kali Terhadap Perpindahan Hak Tanggungan Milik Debitur Novelia Adistie; Jarkasi Anwar
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 1 Agustus 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i1.11407

Abstract

Banking helps people, one of which is through credit facilities. Received credit is accompanied by submitting a guarantee imposed by the mortgage right to the bank or creditor. One of the problems that often occur in credit is bad credit. The solution to overcome this is by obtaining funds relatively quickly by banks through transfer of accounts receivable (cessie). Efforts to minimize an impact that can harm the parties in the process of transferring accounts receivable (cessie) are at the core of the problems raised in this study, namely, how is the relationship between the legality of the transfer of accounts receivable (cessie) which is carried out repeatedly to the transfer of the debtor's liability and how is legal protection? for cessie buyers (cessionaris) based on Article 613 of the Civil Code in conjunction with Law Number 4 of 1996 concerning Land Mortgage Rights and Land-related Objects. The research was conducted using a normative juridical research method with descriptive analytical research using a statutory approach method. The data sources used in this research are primary legal materials, secondary materials, and tertiary legal materials. The data collection technique used in this research was through literature study and then analyzed qualitatively and normatively. The results of the research conclude that, the relationship between the legality of the transfer of accounts receivable (cessie) which is carried out repeatedly on the transfer of the debtor's mortgage is known to have mutual influence. A legal cessie is carried out if the basis of the rights is valid and in accordance with Article 613 and Article 1320 of the Civil Code. Legal protection for cessie buyers (cessie) in the practice of transferring accounts receivable (cessie) which is carried out repeatedly for the transfer of the debtor's mortgage is carried out through a cessie deed and several regulations in Law Number 4 of 1996 concerning Mortgage Rights to Land with Objects Items related to land.
Peran Pemerintah Daerah Dalam Pelaksanaan Program Jaminan Sosial Rakyat Banten Bersatu (Jamsosratu) Berdasarkan Peraturan Gubernur Banten Nomor 15 Tahun 2019 Tentang Perubahan Atas Peraturan Gubernur Banten Nomor 10 Tahun 2019 Annisak Hidayatiningtias
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 2 Desember 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i2.12352

Abstract

Social security the people Banten united in banten (Jamsosratu) is one of the programs protection and social insurance the government Banten to ensure the people who come from the households medium not capable of down based on the data PPLS/PBDT that have been validated and verified as RTS and make social assistance conditional cash. This study will discuss the role of the Banten Province Social Service in the implementation of the United Banten People's Social Security Program (Jamsosratu) based on Banten Governor Regulation Number 15 of 2019? and what are the obstacles faced by the Banten Provincial Social Service in implementing the social security program for the people of Banten united (Jamsosratu)? The research method used is juridical empirical based on qualitative juridical analysis sourced from primary data and secondary data. Primary data based on interviews obtained at the Social Service of Banten Province. Secondary data is based on primary legal material data, and theoretical studies based on expert opinions, as well as qualitative data showing the implementation of Jamsosratu in Banten Province. This research found that the role of the Banten Provincial Government in implementing the Jamsosratu program was to make policies, regulations, guidelines and provide a budget for Jamsosratu implementation. The Banten Provincial Social Service is one of the authorized agencies to implement the Jamsosratu program management in Banten Province. Several factors that influence the management of the Jamsosratu program are divided into three factors, namely the completeness of community data, the coordination factor between the institutions concerned, and the lack of public understanding of the existence of Jamsosratu.

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