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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134 Documents
<![CDATA[Kajian Yuridis Gelit Jeneng Adat Kejawen dalam Penetapan Wali Adhal ]]>
<![CDATA[Putri Diana Lestari]]>;
<![CDATA[Wiwin Yulianingsih]]>
<![CDATA[ Yustisia Tirtayasa: Jurnal Tugas Akhir Vol 2 No.2 Agustus 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/yta.v2i2.14590
<![CDATA[Currently, there are many requests for guardian judges for the continuation of a marriage. One of them is the reason that the lineage guardian does not want to be a guardian. This refusal is accompanied by the reason that there is a gelit jeneng in kejawen custom. This study aims to identify and analyze the kejawen traditional jeneng in determining the guardian adhal, namely regarding the arrangements to the position of the guardian adhal. This research is a normative juridical law research using qualitative analysis method, which produces analytical descriptive data, by obtaining data through literature study and interviews. Sources of data obtained from literature, scientific papers and applicable laws and regulations. The results of the study can be concluded that the guardian adhal has been regulated in positive law. The wali adhal arrangement in positive law only states that the guardian judge can act to replace the adhal guardian nasab if there has been a determination from the Religious Court. Further provisions regarding consideration of the reasons for the guardian's application are not regulated in Indonesian positive law. At a certain point, there was an application for a wali adhal because it was a bitch, the stipulation of a wali adhal was based on the pillars and legal requirements, as well as the prohibition on marriage contained in positive Indonesian law. Thus, tickling jeneng is ruled out in the determination of the adhal guardian because it is considered not to be included in the prohibition of marriage. With the issuance of the determination of the guardian adhal by the Religious Court, the position of the guardian of the lineage can be replaced by the guardian of the judge.]]>
<![CDATA[Penyelesaian Wanprestasi oleh Nasabah dalam Akad Murabahah pada Kredit Pemilikan Rumah Syariah di Bank Muamalat Cabang Surabaya ]]>
<![CDATA[Abigail Shania Azzafira]]>;
<![CDATA[Sri Maharani]]>
<![CDATA[ Yustisia Tirtayasa: Jurnal Tugas Akhir Vol 2 No.2 Agustus 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/yta.v2i2.14408
<![CDATA[In this writing, this study aims to determine the implementation of the murabahah contract on sharia home ownership loans and the settlement of defaults made by customers in the murabahah agreement for sharia home ownership loans at Bank Muamalat Surabaya Branch. The source of this writing data was obtained from interviews with staff of Bank Muamalat Surabaya Branch, legislation, and various literatures. The author uses empirical juridical research methods, namely the type of sociological legal research and can be called field research, namely examining applicable legal provisions and what happens in reality in society. The house is an important basic need for humans for shelter and not a few people buy houses by KPR. In this paper, the implementation of the murabahah contract on home ownership loans is carried out in several stages from the submission stage to the approval of the disbursement of funds. However, in the mortgage financing provided by Bank Muamalat, problems often arise, namely defaults by customers. Settlement of the default is carried out with non-litigation efforts starting with the stage of issuing a warning letter, restructuring, and finally the auction process. In the process of resolving the default, there are still some people who do not understand. Therefore, the author conducted this writing to find out how the process of settlement of mortgage defaults by customers in a murabahah contract at Bank Muamalat Surabaya Branch. ]]>
<![CDATA[Ratifikasi United Nations Convention Against Illicit Traffic in Narcotic and Psychotropic Substances 1988 Terhadap Pemberantasan Peredaran Gelap Narkotika di Indonesia ]]>
<![CDATA[Anisa Aulia]]>;
<![CDATA[Danial Danial]]>;
<![CDATA[Mas Nana Juemena]]>
<![CDATA[ Yustisia Tirtayasa: Jurnal Tugas Akhir Vol 2 No.2 Agustus 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/yta.v2i2.14365
<![CDATA[Narcotics are substances or drugs that are natural, synthetic, or semi-synthetic which cause a decrease in consciousness, hallucinations, and excitability, and can cause dependence if misused. The problem is: How is the implementation of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 towards eradicating illicit narcotics trafficking in Indonesia? The author uses transformation theory, legal certainty theory, and law enforcement theory in this thesis. The research specification in this thesis is descriptive analytical. The method used in this study is an empirical juridical method which is supported by a normative juridical method. The empirical juridical method is a research method carried out by researching directly into the field, while the normative juridical method is a research conducted by examining secondary materials. The data collection technique used is through interviews, which are supported by literature studies. The result of this study is: Indonesia has implemented the United Nations Convention Against Illicit Traffic In Narcotic Drugs and Psychotropic Substances, 1988 by ratifying the convention with Law Number 7 of 1997 as implementing legislation, as well as forming a law on narcotics, namely Law No. 22 of 1997 which was repealed by Law No. 35 of 2009.]]>
<![CDATA[Efektivitas Badan Keuangan dan Aset Daerah (BKAD) terhadap Pengawasan Barang Milik Daerah Kabupaten Lebak ]]>
<![CDATA[Heri Susanto]]>;
<![CDATA[Firdaus Firdaus]]>;
<![CDATA[Danial Danial]]>
<![CDATA[ Yustisia Tirtayasa Vol. 2 No. 3 Desember 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/yta.v2i3.17065
<![CDATA[Management of regional property areas that are increasingly developing and complex needs to be supported by comprehensive arrangements adapted to developing needs so that the planning, implementation, and supervision processes can be managed optimally, effectively, and efficiently. Two problems need to be discussed and analyzed. First, what is the function of the Supervision of the Regional Finance and Assets Agency (BKAD) on the security of regional property in terms of Law Number 1 of 2004 concerning the State Treasury? Second, how is the implementation of Law Number 1 of 2004 concerning the State Treasury 1 of 2004? Whether the State Treasury can guarantee the Protection and Security of Regional Property. The research was conducted in a qualitative descriptive analysis with a normative juridical approach. The research sources used consisted of primary data and secondary data. The legal materials used in this study consist of primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques were carried out in a documentary and interview. The results show that the Regional Finance and Assets Agency (BKAD) Supervision Function on the Security of Regional Property in Law Number 1 of 2004 concerning the State Treasury has been implemented by the Regional Finance and Assets Agency. Belonging to the region in the form of securing building land; Security of buildings and/or buildings; Security of official vehicles; Statehouse security; Security of supplies; Security other than building land and buildings; Security of intangible goods. The Implementation of Law No. 1 of 2004 concerning the State Treasury can guarantee the Protection and Security of Regional Property following the Supervision Function of the Regional Financial and Assets Agency (BKAD) on the Security of Regional Property]]>
<![CDATA[Perlindungan Hukum bagi Pekerja akibat tidak Adanya Perjanjian Kerja dalam Wedding Organizer ]]>
<![CDATA[Yehezkiel Cristofer Tambunan]]>;
<![CDATA[Adhitya Widya Kartika]]>
<![CDATA[ Yustisia Tirtayasa Vol. 2 No. 3 Desember 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/yta.v2i3.16783
<![CDATA[One industry that has close relationships with customers is the Wedding Organizer (WO) industry. However, it turns out that there are problems that often cause misunderstandings for the Wedding Organizer (WO) in running their business, namely the absence of a written agreement to provide certainty to the Wedding Organizer (WO) workers. This also raises the potential for Default in this business or Wedding Organizer (WO) business. Civil law contains legal regulations that make a person's promise the legal basis. Civil law can be expressed from legal regulations based on someone's promise. There are several laws both in criminal law and constitutional law that include a person's promise as a component, such as the offense of embezzlement through Article 372 in the Indonesian Criminal Code or the Civil Service Act, but these laws are rare in number. . A pledge must be made in good faith so that the parties do not dispute the terms, but in most Wedding Organizers (WO), it is very rare for business actors to make formal agreements, leaving the relationship without any guarantees. legal certainty that occurs between business actors and Wedding Organizer (WO) workers. An employment agreement between employees and employers at Prabu Wedding Organizer (WO) and LM Wedding Organizer (WO) who do not have a working relationship using a written agreement, is an illustration. Based on the characteristics of the research and the legal documents which were obtained during the writing of this research, the following thesis is written using a descriptive analysis method, where the data is analyzed using analytic methods with a qualitative approach to the main data and secondary data. The author uses empirical juridical research in writing further research, especially research that includes sociological law and is usually called field research. the agreement between the worker and the owner of the Wedding Organizer (WO) without a written agreement is still valid and requires the subjects to legally regulate the terms of the engagement and that legal remedies can be carried out by the Wedding Organizer (WO) employees and in the event of default by the employer (employee) ) is none other than by suing the wedding organizer (WO) employer with existing evidence, namely what is clearly contained in Article 1866 of the Civil Law Regulations and Article 64 of the Civil Procedure Code of Regulations]]>
<![CDATA[Pertanggungjawaban Pidana terhadap Mucikari dan Perlindungan Hukum Anak Korban Pekerja Seksual (Studi Putusan Nomor 327/Pid.Sus/Pn.Bgl) ]]>
<![CDATA[Saptia Novandie]]>;
<![CDATA[Ridwan Ridwan]]>;
<![CDATA[Aliyth Prakarsa]]>
<![CDATA[ Yustisia Tirtayasa Vol. 2 No. 3 Desember 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/yta.v2i3.17235
<![CDATA[Cases of exploitation of children have continued to increase in the last few years. The world of children should be colored by playing activities, learning and developing their interests and talents for the future, not to be exploited both exonomically and sexually. In the Bengkulu District Court decision Number Number 327/Pid.Sus/2020/Pn.Bgl Defendant Heny Susanti Binti Hermansyah has sexually and economically exploited children who are 16 years old by employing them as sex workers in the defendant’s massage parlor. The judge sentenced him to sexual exploitation, but the defendant’s actions were not only sexual exploitation but also economic exploitation. This has prompted researchers to examine how criminal accountability is for pimps who exploit children as sexual workers ( Study Putusan : 327/Pid.Susu/2020/Pn.Bgl) and how is the legal protection for child victims of sexual workers. This study uses the theory of criminal responsibility and legal protection theory end normative juridical research methods with qualitative reasearch te results of this study are that the defendat named Heny Susanti Binti Hermansyah should not only be punished for economic exploitation, but the defendant should be punished for economic exploitation of children as well as providing compenstation against victims who have been harmed by the defendant. Prosecutors should include elements releted to criminal acts of economic exploitation, not only sexual exploitation, in accordance with Law No. 35 of 2014 concerning Child Protection Article 76I. And in the Article 98 of the Criminal Prosedure Code stipulates that if an act that forms the basis of an indictment in an examination of a criminal case by a District Court causes harm to another person, then the presiding judge of the session at the request of that person may decide to combine the claim for compenstation to the cases the crime. So that the victim gets legal protection in the form of compenstation in the form of Remuneration, Restitution, Rehabilitation, Treatment of the actions that have been carried out by the defendant as the owner of a massage parlor who has exploited children as sex workers]]>
<![CDATA[Studi Perbandingan Pelaksanaan Fungsi Legislasi oleh Dewan Perwakilan Daerah Dikaitkan dengan Teori Pemisahan Kekuasaan antara Indonesia dan Amerika Serikat ]]>
<![CDATA[Fauzia Artifani]]>;
<![CDATA[Anajeng Esri Edhi Mahanani]]>
<![CDATA[ Yustisia Tirtayasa Vol. 2 No. 3 Desember 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/yta.v2i3.17071
<![CDATA[As a state of law, legislative power has an important role for Indonesia and the United States. Legislative power has the main function to form a law/law or what is commonly called the legislative function. The implementation of the legislative function in Indonesia and the United States has differences related to the implementation of the bicameral system and the separation of powers applied in each country. The bicameral system adopted in Indonesia is a weak bicameral system, which means it strengthens the position/authority of one institution over another. In Indonesia, the position and authority of the House of Representatives are greater and stronger than that of the Regional Representative Council as the second chamber, especially when it comes to the function of legislation. Meanwhile, in the United States, a strong bicameral system is applied in which the position and authority of the two chambers (House of Representative and Senate) in legislative power are equally strong and balanced, not biased. The weak authority of the Regional Representatives Council in the legislative function is also influenced by the poor application of the principle of checks and balances in the separation of powers in Indonesia. Therefore, there are several conditions that can be used as comparisons for the implementation of the legislative function in Indonesia and the United States, especially on the differences in the authority given to the institution concerned. The research method used is for normative research with comparative, legal and conceptual approaches. The research is based on the literature by reviewing problems from the doctrines of legal experts, legislation and other legal materials. The purpose of this study was to determine the differences in the implementation of the legislative function of the legislative body in Indonesia and the United States and to find out the relationship between the weak role of the Regional Representatives Council in the legislative function and the theory of separation of powers applied in Indonesia]]>
