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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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Implementasi Rehabilitasi terhadap Anak sebagai Korban Kejahatan Berbasis Seksual (Studi di Unit Layanan Terpadu Perlindungan Sosial Anak Integratif (ULT PSAI) Kabupaten Tulungagung) Karisma Nilam Ayuandani; Hervina Puspitosari
Yustisia Tirtayasa Vol. 2 No. 3 Desember 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v2i3.16391

Abstract

Special protection of children who are victims of sexual violence according to The Statute of Child Protection Number 35 of 2014 is carried out through rehabilitation efforts. The same is also regulated in Law Number 12 of 2022 concerning the Crime of Sexual Violence which explains that rehabilitation is the victim's right to recovery efforts. By the mandate of the law, the government and also other state institutions should provide special protection for children, which encourages the Integrated Service Unit for Integrative Children's Social Protection of Tulungagung Regency. This institution has an ideal range of services for children, including services for children who are victims with response including victim rehabilitation. This study will analyze the implementation of rehabilitation by the Integrated Service Unit for Integrative Children's Social Protection of Tulungagung Regency for child victims of sexual violence and the obstacles to its implementation. The research methodology used is empirical juridical with a case study approach. The results of the study show that the implementation of rehabilitation of children who are victims of sexual violence must go through several processes first. The main and first process carried out is data collection and continued with mentoring. Rehabilitation is carried out through several stages, namely the initial approach, assessment, intervention, evaluation, formulation of conclusions, ending with termination. Obstacles in efforts to provide rehabilitation to child victims of sexual violence come from the lack of parental assistance related to recovery rights for children who are victims of sexual violence so that they consider that rehabilitation is a futile effort, the lack of facilities and infrastructure and the emergence of the COVID-19 pandemic makes the lack of reach to victims pose new challenges for social workers of the Integrated Service Unit for Integrative Children's Social Protection of Tulungagung Regency
Analisis Yuridis Kritis Perlindungan Hukum Jemaah Haji Plus yang Gagal Berangkat karena Pembatalan oleh Travel X Surabaya Irbah Maysun Anwar; Sri Maharani M.T.V.M
Yustisia Tirtayasa Vol. 2 No. 3 Desember 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v2i3.14395

Abstract

Implementation of the hajj pilgrimage, especially in plus hajj pilgrimage travel, still has incompatibility in the fulfillment of achievement as business actors, such as Travel X in Surabaya that does not fulfill its achievement to the Hajj pilgrims plus as consumers, as mutually agreed in the hajj departure agreement. This has violated several articles in Act Number 8 of 1999 concerning Consumer Protection. This study aims to identify and analyzing the forms of violations by Travel X Surabaya to their pilgrims as well as forms of legal protection for hajj pilgrims plus who failed to leave due to the cancellation by Travel X Surabaya. This research is a normative juridical with the statutory approach, case approach and theoretical approach. Data in this study were obtained from official documents, books related to research objects, research results in the form of reports, theses, legislation and interviews. The results of this study showed that Travel X Surabaya has violated the rights of hajj pilgrims plus, which is the cancellation of hajj departure. Legal protection to hajj pilgrims plus who are failed to leave because due to the cancellation by Travel X Surabaya is carried out through non-litigation way by using the negotiation. The settlement of the non-litigation is one of legal protection for hajj pilgrims plus that is carried out through non-litigation way has been regulated in Act Number 8 of 1999 concerning Consumer Protection
Perlindungan Hukum terhadap Bidan yang Melakukan Penyalahgunaan Wewenang Ditinjau dari Undang-Undang Nomor 4 Tahun 2019 tentang Kebidanan (Studi Kasus di PMB Bidan R Desa Cikumbueun, Pandeglang) Suhelianah Suhelianah; Faridatul Fauziah; Mohamad Noor Fajar Al Arif Fitriana
Yustisia Tirtayasa Vol. 2 No. 3 Desember 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v2i3.17316

Abstract

This study aims to find out how the responsibility of legal protection for midwives if they commit unlawful acts (Onrochmati gedaad) because of accidentally helping patients is connected with Law No. 28 of 2017. As a case in point: Mrs. R aged 35 years pregnant with the second, after delivery must immediately be carried out manual placenta action by the midwife, but because it is blocked by authority, the midwife cannot do it, even though skillfully the midwife is able to carry out the action. Normative juridical legal research methods that use a case approach and a descriptive analytical state approach as well as a statutory approach used to review related legislation. The results of this study arrived at a conclusion that the legal protection given to midwives was due to inadvertently helping patients carried out according to SOPs but when taking actions occurred outside of human reason such as uterine tears associated with Law 28 of 2017 article 23, then given the authority to provide services based on an assignment from the government as needed as referred to in Article 22 letter a, namely point b of authority because there are no other health workers in the area where the Midwife is on duty
Penyelesaian Wanprestasi Nasabah dalam Perjanjian Gadai Emas di PT Pegadaian Cabang Jemursari Qur'Anna Savitri Bella Santoso; Anajeng Esri Edhi Mahanani
Yustisia Tirtayasa Vol. 2 No. 3 Desember 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v2i3.17088

Abstract

In dealing with life, humans basically want all their desires to be fulfilled. Moreover, as technology and science advance at an increasing rate in today's times, so does the quality of life of the people. This will result in a greater need for life, which causes people to tend to fulfill their basic needs. However, the COVID-19 pandemic is currently underway, and its effects are being felt by many. Factors such as job loss, lonely work, and restrictions imposed by the government will certainly have a significant impact on people's economic life. In the midst of the COVID-19 pandemic, people continue to think creatively and devise strategies to survive. They don't just sit still. As a result, there are many financial institutions available to help with the problems facing society today. In this case the community is assisted by a Limited Liability Company (PT) Pegadaian (Persero). One company that has an official license to do business in Indonesia is a Limited Liability Company (PT) Pegadaian (Persero) between the customer and the pawning institution. In addition to improving the welfare of the underprivileged and supporting government initiatives in the field of economy and national development, PT. The main purpose of Pegadaian is to help those who need money or funds so that they do not fall into the hands of loan sharks or bondmen who charge relatively high interest rates. The method used is empirical yuridical, using a qualitative descriptive approach. The results of this study indicate that the settlement of default at PT. Pegadaian Jemursari Branch by conducting an auction of the customer's collateral. This has been agreed by the customer if he is unable to pay the collateral installments. Constraints in the settlement are unclear customer data because customers change identities but do not notify the pawnshop, jewelery models that are too old to make old goods to be sold and people are not interested in buying the auctioned goods. The solution in the settlement is to increase the loan amount so that it can pay off the previous loan shortfall, provide a longer loan period, and ask if there are other items that can be guaranteed
Perbandingan Perlindungan Hukum Merek antara Prinsip First to File Hukum Indonesia dan Prinsip First to Use pada Hukum Australia Neisa Ines Tritanaya; Wiwin Yulianingsih
Yustisia Tirtayasa Vol. 2 No. 3 Desember 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v2i3.16987

Abstract

Intellectual Property Rights are the exclusive rights to do something on the intellectual property, which is regulated by the norms or applicable laws. This study aims to determine the difference between the first to file principle in Indonesian law and the first to use principle in Australian law and to determine the strengths and weaknesses between the two principles. Indonesia adheres to a “first to file” system, which requires a trademark to be registered to obtain legal protection. While "first to use" is a brand protection system that recognizes unregistered/unregistered marks used as trademarks. This study uses a normative juridical research method with data sources obtained from literature studies consisting of primary legal materials, secondary legal materials and tertiary legal materials derived from interviews, books, scientific journals, and legislation, then analyzed using the method descriptive analysis. The results of the study indicate that there are several differences regarding the regulation of trademarks that have not been regulated in Indonesian law but are regulated in Australian law. The principles adopted by Indonesia are easier to prove in the event of a dispute compared to the principles adopted by Australia
Intersepsi Pesawat Sipil Ryanair FR4978 oleh Pesawat Militer Belarusia Ditinjau dari Konvensi Chicago 1944 Sharin Yuniar Permata; Danial Danial; Surya Anom
Yustisia Tirtayasa Vol. 2 No. 3 Desember 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v2i3.15880

Abstract

Aircraft Interception is an action in which an aircraft moves towards another aircraft in an effort to intercept an aircraft entering national airspace without a flight plan, and an aircraft experiencing communication failure or cannot be identified. Interception actions are allowed in order to protect the sovereign territory of a country, as stated in Article 1 of the 1944 Chicago Convention which recognizes that every sovereign state has complete and complete sovereignty. However, the purpose of interception is limited to determining the identity of the aircraft, directing the aircraft beyond the boundaries of national airspace, directing it away from restricted, restricted or dangerous areas or ordering it to land at a designated airport.. The identification of the problem in this research is, How is the regulation of the interception of civil aircraft by state military aircraft reviewed based on the 1944 Chicago Convention? and What are the legal consequences of the actions of the Belarusian Military Aircraft against the interception of the Ryanair FR4978 Civil Aircraft?This research was conducted using a normative juridical research method. The data collection technique was carried out by literature study and the analysis used in this paper is qualitative analysis by describing or explaining the subject or object of research.The results of this study are first, the regulation of interception actions on civil aircraft is specifically regulated in Article 3 bis of the Chicago Convention 1944 as well as in additional arrangements in Annex 2 to the Convention on International Civil Aviation Rules of the Air which contains instruments or procedures for interception. . Second, the legal consequences received by Belarus for unlawful acts that threaten the security of civil aviation are the imposition of sanctions by the international community in the form of flight restrictions and restrictions on the economic sector, as well as the summons of the Belarusian Ambassador to the European Union
Akibat Hukum Pewarisan Adat Tunggu Tubang pada Suku Semendo Tsania Manzil Assolich; Talitha Nabilah; Achmad Ichsan Maliki; Wiwin Yulianingsih
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 3 No. 1 January-April 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i1.17626

Abstract

Inheritance law is actually part of civil law. One of the systems of inheritance for the adat waiting for tubang is implemented in the Semendo Tribe, South Sumatra. The customary inheritance law system in Indonesia is influenced by differences in kinship arrangements in society which are illustrated by the existence of patrilineal, matrilineal and parental systems of descent. Based on this, then it is worth exploring regarding the implementation of the Wait Tubang inheritance in the Semendo Tribe in the customary inheritance system in Indonesia as well as legal consequences for assets and their heirs. This research is an urgency to be carried out, in order to provide an understanding of legal certainty regarding the customary inheritance system from a civil or nationally applicable legal perspective, in which legal certainty can become a provision for further research. This research is normative juridical type. Approach to statutory regulations and concept approach used in this study. The results of the study found that the application of the legal system of customary inheritance for the Semendo tribe is inherent in the matrilineal descent system, where the first daughter is "waiting for tubang". The oldest son is only a companion for 'Apik Jurai' or as a supervisor of the heirs for his inheritance. The legal consequence is that it is attached to the female heir. This is inversely proportional to the position of women in civil law in Indonesia, which can actually be categorized as incapable of law as referred to in Articles 105 and 108 of the Indonesian Civil Code. The customary law inheritance system in Indonesia, including the Tunggu Tubang, must be given specific legal protection by the government as well as supervision. The community must understand more about the diversity of customs in Indonesia. The legal position of customary inheritance thus becomes an urgency for legal certainty to be more secure.
Implementasi Pembangunan Zona Integritas di Banten Berdasarkan Peraturan Menteri Hukum dan HAM Nomor 29 Tahun 2019 tentang Pembangunan Zona Integritas Menuju WBK dan WBBM Lisa Rachmawati; Nurikah Nurikah; Rila Kusumaningsih
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 3 No. 1 January-April 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i1.13152

Abstract

The bureaucracy in this developing country has not positioned itself as a good servant to the community. Maladministration that often occurs in the realm of government makes the bureaucracy in Indonesia bad. The number of corrupt practices in public services encourages the government to be more active in bringing up various regulations in the wrong bureaucracy with the issuance of Minister of Law and Human Rights Regulation Number 29 of 2019 concerning the development of integrity zones towards WBK and WBBM. The zone of integrity is a renewal of good governance for transparency and accountability in the government realm as an effort to prevent acts of corruption, collusion and nepotism. The method used in this research is the empirical juridical method. Specifications of descriptive analytical research. The data source uses primary data and is supported by secondary data consisting of primary, secondary and tertiary legal materials. Data collection techniques in this study by means of interviews. The data obtained were analyzed descriptively with a qualitative data analysis approach. The theory used in this study is the theory of good governance and the theory of law enforcement. The results of the research regarding the implementation of the development of the integrity zone towards WBK/WBBM in the Ministry of Law and Human Rights of the Banten Regional Office in six areas of change have been implemented. The supporting factors include the commitment of the leadership and staff that looks very strong, and the inhibiting factors include weak supervision, lack of IT human resources in making public service innovations. In conclusion, with the implementation of the construction of the integrity zone as an improvement in the quality of public services as a form of obtaining the WBK and WBBM predicates
Kewenangan Dinas Lingkungan Hidup dalam Upaya Pengendalian Pencemaran Laut di Pantai Teluk Labuan Berdasarkan Peraturan Daerah Kabupaten Pandeglang Nomor 4 Tahun 2016 tentang Pengelolaan Sampah Inisa Alfath Amara; Mohamad Fasyehhudin; Ahmad Lanang Citrawan
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 3 No. 1 January-April 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i1.18536

Abstract

The problem of waste along the coast of Teluk Labuan – Banten continues to be a concern because it is dominated bt household waste. This is caused by the behavior of the local people who like to throw garbage on the banks of rivers and beaches in the hope that the trash will be carried by the currents into the sea. This problem results in sea water pollution and will certainly threaten the diversity of marine life and public health. This study aims to examine the authority of the Pandeglang Regency Environmental Service in managing household waste as an effort to control marine pollution on the fishing port beach fo Teluk Labuan – Banten based on Regional Regulation of Pandeglang Regency Number 4 of 2016 concerning Waste Management and what obstacles it faces. This study uses a juridical-empirical research method. Based on the results of the study, the authority of the Pandeglang Regency Environmental Service in accordance with its main tasks and functions has delegation authority and responsibility in carrying out government tasks in the field of waste management in the Pandeglang Regency area. There are at least 5 (five) inhibiting factors that are felt by the Office in implementing waste management, including low participation and awareness of the community due to the habit of throwing garbage in rivers and coastal areas, limited budget for implementing waste management, lack of facilities and infrastructure, limited resources human resources in internal agencies, and weak law enforcement in society. The input given can be in the form of increasing the active role of the Office in the form of campaigns, counseling, outreach, coaching, supervision and control of waste management, as well as increasing the emphasis on enforcement of environmental law on waste management. In addition to improving waste management infrastructure facilities, reshuffling waste management in accordance with national standards with the 3R principle
Tindakan Balasan atas Persona Non Grata terhadap Pejabat Diplomatik Amerika Serikat oleh Rusia Berdasarkan Vienna Convention on Diplomatic Relations 1961 Ratu Sheeva Amadea; Danial Danial; Surya Anom
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 3 No. 1 January-April 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i1.15380

Abstract

Between states definitely need one another. Because of these needs, countries create a relationship and it is diplomatic relations. Therelationship was not always good between those countries who met with expulsions, officials commonly referred to as non grata that people often met. The identification of the problem in this research is, Is the Russian Government's Countermeasures Against US Diplomatic Officials Justified by the 1961 Vienna Convention? Is Russia's Application of the Persona Non Grata Principle to US Diplomatic Officials a Violation of the 1961 Vienna Convention?Is Russia's Application of the Persona Non Grata Principle to United States Diplomatic Officials a Violation of the 1961 Vienna Convention? This research uses the Theory of State Sovereignty and the Principle of Reciprocity. The method used in this research is normative juridical method which uses secondary data. Uses descriptive analytics, and further of data collection technique using library research which analyses with qualitative analysis by describing or explaining the subject or object of research. The results of this research are first, Russia's countermeasures carried out by the Russian government against United States diplomatic officials cannot be justified by the 1961 Vienna Convention. Because countermeasures in the form of persona non grata are specifically regulated in Article 9 that states are allowed to carry out persona non grata without any reason and this must be done based on the sovereignty of the country and the principle of reciprocity. Second, the declaration of persona non grata by Russia to United States Diplomatic Staffs lies in several violations of the 1961 Vienna Convention, because in declaring persona non grata stated by Article 9 in means without reason, a state must pay attention to other provisions stipulated in the 1961 Vienna Convention. Basically, Russia abuses the declaration of persona non grata against a sending country because a sending country must be based on several criteria for violating actions and paying attention to other provisions of the Convention in order to maintain relations between countries and international peace.

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