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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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Penyelesaian Sengketa Tata Usaha Negara: Obyek Sengketa Negatif dan Penerapan Asas-Asas Umum Pemerintahan Yang Baik Ahmad Rayhan; H.E. Rakhmat Jazuli; Nurikah Nurikah
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.v3i3.21791

Abstract

The resolution of state administrative disputes is intricately tied to the procedural law of the state administrative court, employing routes through both judicial and administrative channels. Governed by Laws No. 5 of 1986 and No. 9 of 2004, the State Administrative Court serves the purpose of providing a platform for dispute settlement and protection for the public, rooted in the general principles of good governance. The settlement of state administrative disputes, particularly those arising from negative object disputes, involves addressing unprofessional conduct by state administration officials, as delineated in Article 3 of Law No. 5 of 1986. This conduct, even if not formalized through a decision letter, is deemed a rejection under the said law. The unprofessional conduct, indicative of losses incurred by individuals or legal entities, aligns with the broader principles of good governance. In this context, state administration officials incur losses through violations of obligations that should safeguard the rights of individuals or legal entities. Article 53, paragraph (2) of Law No. 9 of 2004 underscores the importance of filing a lawsuit based on violations of the general principles of good governance. The application of these principles becomes pivotal in handling state administration disputes with negative object disputes, given the absence of a written object of dispute and reliance solely on the unprofessional conduct of state administration bodies or officials, who reject claims without issuing a formal decision. This underscores the significance of examining the procedural law of the state administrative court, where actions of state administrative bodies or officials are scrutinized for potential violations of the law in the absence of formalized government actions.
Perlindungan Hukum Bagi Korban Malapraktik Oleh Klinik Kecantikan Zevmine Pure Beauty Skin Care Berdasarkan Undang-Undang No. 8 Tahun 1999 Tentang Perlindungan Konsumen Juncto Undang-Undang No. 36 Tahun 2009 Tentang Kesehatan Rakhmatullah, Anne Gunawati, Dede Agus, Mohamad Fakih
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.v4i2.22127

Abstract

A beauty clinic is a place of service for one's appearance needs in getting beauty and health for the skin and body. However, in practice it does not always go as expected, malpractice acts often occur, namely errors or negligence on the part of medical personnel (doctors) as business actors in carrying out their health services as in the case of the Zevmine Pure Beauty Skin Care Beauty Clinic, this causes losses to the victim as consumers of health services. Based on this background, it is necessary to study how legal protection is for victims of malpractice by beauty clinics and what is the responsibility of business actors towards victims of malpractice by zevmine pure beauty skin care beauty clinics based on Law no. 8 of 1999 concerning Consumer Protection Juncto Law no. 36 of 2009 concerning Health. The research method used is normative juridical with a statutory approach, conceptual approach and case approach. The data used is secondary data and is supported by primary data, and analyzed descriptively qualitatively. The research results show that legal protection for victims of malpractice by beauty clinics has not been implemented optimally and comprehensively. The responsibilities of the Zevmine Pure Beauty Skin Care Beauty Clinic have not been carried out optimally, business actors only provide advice on giving painkillers and neutral injections to the victim's body parts as well as providing material compensation, but this has not been fully implemented, there are still many responsibilities that have not been carried out. given to victims of malpractice as regulated in Article 4, Article 5, Article 7, Article 8 paragraph (1), Article 29 and Article 30 of Law no. 8 of 1999 concerning Consumer Protection Juncto Article 58 of Law no. 36 of 2009 concerning Health, and the sanctions that can be imposed on business actors are criminal sanctions in the form of imprisonment or fines and administrative sanctions in the form of written warnings or revocation of operational permits.
Strategic Navigation of Waqf Law: Maximizing the Productivity of Waqf Land Management Shahrullah, Rina Shahriyani; Syarief, Elza; Arifin, Inal
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.v4i1.23549

Abstract

Waqf is considered a recommended act of worship in Islamic teachings and reflects the devotion of individuals. To safeguard the community's interests, the state has established a legal framework concerning Waqf through Law Number 41 of 2004. According to this law, waqf pledges are no longer limited to verbal declarations but must be recorded in written form through an official waqf pledge deed. Furthermore, the law emphasizes the need for productive waqf management. In East Tanjungpinang District of Tanjungpinang City, the quantity and size of waqf land surpass those of other districts within the city. This presents an intriguing opportunity to investigate the effectiveness of productive waqf land management in this District based on Law No. 41 of 2004 on Waqf. The research takes an empirical juridical approach, aiming to assess effectiveness and identify constraints encountered in the implementation of the Waqf Law in East Tanjungpinang District. Data for the study was collected from various sources, including books, journals, relevant documents (secondary data), and interviews conducted with stakeholders involved in waqf management (primary data). The findings of the study demonstrate that waqf implementation in East Tanjungpinang District aligns with Islamic teachings and Law No. 41 of 2004 concerning Waqf. However, several obstacles hinder its effective implementation, including law enforcement, infrastructure, community, and cultural factors.
Omnibus Law dan Lingkungan Yang Berkelanjutan: Perizinan Pendirian Perumahan dan Kawasan Pemukiman Sarbini Sarbini; Ria Wierma Putri; Kasmawati Kasmawati; Daryanti Haidar
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.v3i3.21870

Abstract

The establishment of housing and residential areas is part of the governance system in the context of sustainable community life. This paper considers that every country has legal rules to realize the system and management of governance in the establishment of housing and residential areas through the Building Permit. However, in the Omnibus law, the IMB permit is simplified and/or abolished regarding environmental permits that were part of the issuance of IMB by the government in the previous regulation. In addition, licensing has at least 3 main functions, namely, first as an instrument in development planning, second as a financial function for the state, and third as a regulation in the actions and behavior of the community towards environmental permits to prevent environmental damage or pollution. So this research will limit the importance of legal instruments in an effort to regulate the governance of buildings erected in certain areas in order to create buildings that are safe and in accordance with land use in order to create a sustainable environment.
Data Leakage of Consumer Personal Data in Telecommunications Services Customer Registration: Who Is Responsible? Fitri, Winda; Disemadi, Hari Sutra; Rindiyani, Monica
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.v4i1.22518

Abstract

The Indonesian government mandates users of SIM cards to register their National Identification Number (NIK) and Family Card number (KK) correctly to activate their prepaid numbers. However, the prepaid card registration policy invites irresponsible individuals who use that personal data without the owner's permission. Therefore, the main issue in this research is, the legal regulations governing the protection of personal data in Indonesia, the role of telecommunications service providers in maintaining the confidentiality of consumer data, and how government agencies play a role in efforts to protect personal data in Indonesia. Type of research used in this research is normative legal research and used data collection technique through literature research. The findings of this study can be summarized as follows, regarding Law No. 27 of 2022 on Personal Data Protection (PDP Law) that provides a strong legal basis for protecting consumer personal data, regulating individual rights to their personal data, and establishing obligations for personal data managers. As well as telecommunications service providers have the responsibility to provide clear and transparent information to consumers about how their personal data will be used and processed. Along with the government agencies function to enact and supervise personal data protection regulations and educate public about data privacy awareness.
Legal Implication on Relaas: Conventional Court Summons by Registered Letters Nur Aini, Alya Septira; Mardiananingrum T.V.M, Sri Maharani; Wahyudi, Eko
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.v4i1.24475

Abstract

The issuance of PERMA No. 7 of 2022 has led to a shift in the implementation of conventional summons to using registered letters. The details of this change are further explained in SK. KMA 363/KMA/SK/XII/2022, which has implications for society. Society benefits from a more effective and efficient implementation, leading to reduced costs. However, challenges arise regarding the non-receipt of registered letters by parties involved in court proceedings. This study aims to analyze the legal implications of summons implementation based on Civil Procedure Law and PERMA No. 7 of 2022 along with SK KMA 363/KMA/SK/XII/2022. It also seeks to analyze the legal protection available for affected parties. This research adopts a normative juridical approach, utilizing both primary and secondary sources of data. Data collection methods include literature review and interviews, followed by descriptive analysis. The research findings indicate that the implementation of summons through registered letters lacks clear legal information or regulations regarding legal protection, highlighting the need for legal safeguards for aggrieved parties.
Status Tanah Hasil Reklamasi: Studi Empiris Pasca Pengesahan Peraturan Cipta Kerja Iwan Muri Susanto; Inge Dwisvimiar; Rani Sri Agustina
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.v3i3.21897

Abstract

Generally, pre-reclamation issues are related to licensing issues, which are one-sided legal actions (one-sided will of the government), as well as the issue of reclamation land concession permits, which are two-sided legal actions (government and entrepreneurs). Not infrequently regulatory policies regarding reclamation intersect with each other between the authorities of the central and regional governments. Meanwhile, post-reclamation issues are related to the form of control and ownership of reclamation land, including management rights and land rights obtained from reclamation results. This research study aims to analyze the licensing authority and status of land reclamation results to the ratification of Law Number 6 of 2023 concerning Job Creation and empirical studies on PT Gandasari Energi. This research study uses a normative-empirical legal research approach, namely combining applicable norms with data suitability in the field by comprehensively examining legal norms and a case study approach. The results of the study show that the reclamation licensing authority at PT Gandasari Energi is based on Law no. 6 of 2023, is the attribution authority owned by 2 (two) stakeholders, namely the Governor who delegates his authority to the head of the Office of Investment and One-Stop Integrated Services (DPMPTSP) of Banten Province and the Ministry of Transportation through concession cooperation with Port operator units (KSOP ) As the authority for port activities that have not been exploited commercially.
Tanggung Jawab Pengelola Area Parkir Atas Kehilangan Kendaraan Bermotor di Area Parkir Kencana, Annisa Puspa; Arifinal, Mochamad; Efriyanto, Efriyanto
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.v4i2.23960

Abstract

Safekeeping of goods is an agreement activity "real” which is regulated in the Civil Code. In carrying out parking activities, every asset owned by the Regional Government in Cilegon City is regulated by the Transportation Service.In parking activities, there is a legal relationship between the parking manager and the parking consumer, so if a motor vehicle is lost, the parking manager must be responsible for the lost item. The identification of this research problem is, what is the responsibility of the Cilegon City Transportation Service Parking UPT for the loss of motorized vehicles in the Cilegon City Regional Hospital parking area and how compensation is determined by the Cilegon City Transportation Service Parking UPT as the parking manager for the loss of motorized vehicles at the Cilegon City Regional Hospital. The theories used in this research are responsibility theory and legal protection theory. The method used in preparing this thesis is the normative juridical method. use statutory regulations and legal principles in conducting research. The data sources used in this research are primary and secondary data sources which were analyzed qualitatively. The research results from this thesis are a form of legal responsibility of the Cilegon City Transportation Department Parking UPT as the parking manager to be able to provide compensation in accordance with the Civil Code and Jurisprudence as well as legal protection for determining the nominal compensation that parking consumers must receive for losses. motor vehicle. The conclusion of this thesis research is that the responsibility of the Cilegon City Transportation Service Parking UPT for lost motor vehicles in the Cilegon City Regional Hospital parking area has not been carried out as it should. The Transportation Service Parking UPT does not keep its promise to be responsible at the agreed time. And the determination of compensation by the Cilegon City Transportation Service Parking UPT as management in the transportation service parkirng UPT as management in the transportation sector, especially parking is not carried out based on legal or economic procedures.
Incursions into Territorial Waters: Violations of Innocent Passage by Foreign Autonomous Underwater Vehicles (A Case Study on Indonesia's Territorial Waters) Anom, Surya; Citrawan, Ahmad Lanang
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.v4i1.22148

Abstract

Based on AIS (Automatic Identication System) monitoring, some time ago some violations occurred in Indonesian waters. The violation of entering the territory of the State of Indonesia, especially in the sea area using a seaglider or AUV, was carried out by Chinese-agged ships without permission from the Government of Indonesia, such as the Xiang Yang Hong 03, Xiang Yang Hong 19, Xiang Yang Hong 01, and Yuan Wang 6. Alleged drones or AUVs that enter Indonesia's sovereign territory belong to China because the AUV ndings are written China Shenyang Institute of Automation, Chinese Academy of Sciences. The cross-peaceful violations committed by the Chinese State using the AUV were carried out many times, so the Indonesian Government has protested through the Ministry of Foreign Affairs, but until now it has not received a response from the Chinese State. The research method uses normative juridical, which analyzes the literature on primary data in the form of authoritative legal materials and secondary legal materials in the form of legal publications. This paper will use a statutory approach to see the consistency and compatibility between one law and another. Furthermore, it is analyzed using a descriptive method.
Analisis Tindak Perundungan Siswa Sekolah Dasar dan Upaya Penanggulangannya Mohamad Noor Fajar Al Arif Fitriana; Ahmad Fauzi
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.v3i3.21778

Abstract

Ensuring a solid foundation through basic education is crucial for students progressing to higher levels. In the learning process, creating a conducive environment is essential for comfort and effectiveness. However, a prevalent hindrance to this is bullying, particularly among elementary school students. In Indonesia, numerous bullying cases involving students have been reported, significantly impacting the learning atmosphere. Bullying manifests as a psychosocial problem where individuals repeatedly insult and humiliate others, exerting power over victims. This aggressive behavior can be physical or verbal, marked by a power imbalance between perpetrator and victim. Empathy plays a pivotal role in mitigating bullying, as individuals understanding and caring about the victim's feelings are less prone to engaging in violent acts. Educational practitioners can address bullying's impact through intervention programs, engaging parents, peers, educators, counselors, administrators, and the broader school community. Collective participation is essential, with everyone in the school community contributing to counteracting bullying. The legal framework provided by Permendikbud No. 82/2015 serves as a comprehensive guide for anti-bullying measures in schools. It delineates the responsibilities of various stakeholders and offers a structured approach to address and prevent bullying incidents. Ultimately, fostering a culture of empathy and collective responsibility is vital for creating safe and nurturing learning environments at all levels of education.

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