Yuris: Journal of Court and Justice
In 2022, YURIS (Journal of Court and Justice) giving opportunities for legal researcher to publish scientific article The editorial team of YURIS seek publication on the paper which related to the contribution of law theory and enforcement and to consider them carefully for external review. By following the standard and procedures which published four times a year. It goes by the review process from expert and external reviewer.
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94 Documents
<![CDATA[JUSTICE OF THE HERITAGE 2:1 DISTRIBUTION IN ARTICLE 176 OF ISLAMIC LAW COMPILATION PERSPECTIVE IN ARISTOTLE’S DISTRIBUTIVE JUSTICE THEORY ]]>
<![CDATA[Rijal, Arhamu]]>
<![CDATA[ YURIS: Journal of Court and Justice Vol. 1 Issue 1 (2022) ]]>
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DOI: 10.56943/jcj.v1i1.10
<![CDATA[This paper explores the justice of inheritance distribution as outlined in Article 176 of the Compilation of Islamic Law, specifically focusing on the 2:1 distribution ratio. The study addresses the perception of inequality that arises from this distribution, which some individuals view as unjust. To evaluate the fairness of this inheritance model, the research employs Aristotle's Theory of Distributive Justice as a theoretical framework. The methodology utilized is normative legal research, incorporating both statutory and conceptual approaches to analyze the relevant regulations and principles surrounding the 2:1 inheritance distribution. The findings indicate that the 2:1 distribution in Article 176 maintains a value of justice, as the rights allocated to male and female heirs are proportionate to their respective obligations. This conclusion challenges the notion that the distribution is inherently unjust, suggesting instead that it reflects a balanced approach to inheritance that aligns with the principles of justice articulated by Aristotle. The research ultimately contributes to the discourse on Islamic inheritance law by reaffirming the legitimacy of the 2:1 distribution ratio within the context of distributive justice.]]>
<![CDATA[CRIMINALIZATION OF FRAUD CRIMES IN CAPITAL MARKET TRANSACTIONS ]]>
<![CDATA[Ambarwati, Mega Dewi]]>
<![CDATA[ YURIS: Journal of Court and Justice Vol. 1 Issue 1 (2022) ]]>
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DOI: 10.56943/jcj.v1i1.11
<![CDATA[As an economic instrument, capital market is not free from certain parties abuse to enrich themselves and it against the law. Crimes in the capital market sector are complex and difficult to prove, let alone being brought before a court, given the nature of the market which is very sensitive to material facts (news related to the course of judicial process) in the form of information related to the capital market. Crimes of capital market sector are complex and difficult to prove, especially being brought before a court, within the characteristic of the market which is very sensitive to material facts (related to the course of judicial process) in form of information related to the capital market. The objective of developing capital market as the basis for sustainable development plan is to increase economic growth and income distribution, to develop an economy that is globally oriented related to the advances in science and technology for the prosperity of the people. The purpose of this study is to find out how government's role as an effort to avoid fraud in the capital market is detrimental to investors. The research method used statutory approach and conceptual approach. Based on the results and discussion in the study, it can be concluded that, the adoption of the division of offenses into two types, namely capital market crime offenses and capital market offenses, shows that the Investment Law follows the provisions contained in the Criminal Code which are laws (general provisions).]]>
<![CDATA[POLITICS OF CRIMINAL LAW LIABILITY OF CORPORATE CRIMINAL IN INDONESIA ]]>
<![CDATA[Hendriawan, Muhammad Rizaldi]]>
<![CDATA[ YURIS: Journal of Court and Justice Vol. 1 Issue 1 (2022) ]]>
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DOI: 10.56943/jcj.v1i1.12
<![CDATA[This research paper examines the urgent need to reform the Indonesian Criminal Code to recognize corporations as subjects of criminal law. It delves into the concept of corporate criminal liability, highlighting the importance of establishing clear legal frameworks to hold corporations accountable for their actions. The study analyzes the politics of criminal law in Indonesia, focusing on shaping legal policies to address societal needs and ensure justice. Key findings include the necessity of incorporating various theories of corporate punishment (such as strict liability, vicarious liability, identification theory, and aggregation theory) into the legal framework to effectively address corporate criminal behavior. The research also reviews the RKUHP (Revised Criminal Code Bill), which explicitly defines corporate criminal liability and outlines the responsibilities of corporate management in crimes committed on behalf of corporations. Using normative juridical research methods, including statute and conceptual approaches, the paper examines existing legal regulations and their implications for corporate accountability in Indonesia. Concluding that a comprehensive understanding of corporate criminal liability is vital for law enforcement and judicial authorities to enforce the law effectively, the study advocates for legal reforms aligned with the values of Pancasila, reflecting Indonesia's unique socio-cultural context while addressing the complexities of corporate crime.]]>
<![CDATA[BANKING DISPUTE SETTLEMENT THROUGH ALTERNATIVE DISPUTE RESOLUTION: CLAIMS OF DANAMON BANK CUSTOMERS ]]>
<![CDATA[Hartantin, Sinarianda Kurnia]]>
<![CDATA[ YURIS: Journal of Court and Justice Vol. 1 Issue 1 (2022) ]]>
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DOI: 10.56943/jcj.v1i1.13
<![CDATA[The development of banking business in Indonesia is managed by several parties, namely the banking sector itself which has a role as business actor and creditor in relation to its role in providing banking services to the public and other parties are debtors, namely consumers (customers) or users of banking services. However, in practice, both of them are often involved in disputes. Seeing these conditions, alternative efforts are needed in resolving disputes ADR (Alternative Dispute Resolution). The purpose of this research is to increase the author's knowledge and ability in analyzing banking dispute resolution rules and increase the author's knowledge and ability in analyzing ADR legal problems according to Law No. 30/1999 concerning on the Arbitration and Alternative Dispute Resolution. The results of this study indicate that settlement of banking disputes through Alternative Dispute Resolution (ADR) according to Law no. 30 of 1999 can be known from banking disputes, the factors that cause banking disputes and the legal basis for the settlement of banking disputes through Alternative Dispute Resolution (ADR). Additionally, it is known that banking dispute resolution procedures through Alternative Dispute Resolution (ADR) according to Law No. 30/1999 consists of the pre-mediation stage, the mediation stage and the mediation outcome stage.]]>
<![CDATA[TAX PLANNING AND ITS LEGALITY ]]>
<![CDATA[Syafi'i, M.]]>;
<![CDATA[Saswati, Riniadi]]>
<![CDATA[ YURIS: Journal of Court and Justice Vol. 1 Issue 1 (2022) ]]>
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DOI: 10.56943/jcj.v1i1.14
<![CDATA[Paying taxes is the duty of every citizen, within the framework of participation in nation to build the obedience in paying tax. However, on the other hand, as citizens (taxpayers) will miss some of the "wealth". Therefore, how taxpayers remain obedient in carrying out tax obligations within the minimum tax burden Planning is a tool that allows the taxpayer to provide a minimum tax payment plan. Tax planning means planning each event and transaction which supported by its accounting policies in order to reduce the tax burden in minimized amount. Furthermore, it did not violate the tax laws.]]>
<![CDATA[TRADING IN INFLUENCE AS A CRIME IN INDONESIA CRIMINAL LAW SYSTEM: A JURIDICAL STUDY ]]>
<![CDATA[Imansyah, Shahrul Kresna]]>;
<![CDATA[Sumaryanto , Dr. A. Djoko]]>
<![CDATA[ YURIS: Journal of Court and Justice Vol. 1 Issue 2 (2022) ]]>
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DOI: 10.56943/jcj.v1i2.107
<![CDATA[This research aims to identify whether the rules in Indonesian Corruption Eradication can be applied in the case of influence trading and to determine the prospects for regulating influence trading in the Indonesian Corruption Eradication Law in the future. As a research method, the researchers uses a normative research method based on the antinomy between one law and another. The results of this study can be applied to cases of trafficking under influence, including Article 5, Article 12 letters a and b, Article 11 of the Corruption Eradication Law and related to Article 55 of the Criminal Code (KUHP). However, the application of these articles still has several weaknesses, both from legal subjects and related to objective requirements. both in the formulation of the elements of the article and strict sanctions then they do not conflict with existing regulations. The form of regulation can be set forth in a special regulation on trading in influence, or it can also be reformulated with the existing articles in the Indonesian Corruption Eradication Law or modify the elements of Article 18 UNCAC, 2003 concerning trading in influence so that the regulation does not overlap with the existing regulations. exists then that it deserves to be criminalized. This aims to create legal certainty and justice for the community and prevent the community from falling into the act of trading in influence.]]>
<![CDATA[LEGAL CONSEQUENCES OF NAME-CHANGING PERSON IN OFFICIAL STATE DOCUMENTS: A CIVIL LAW REVIEW ]]>
<![CDATA[Wirianistiati, Ardianita]]>;
<![CDATA[Sadjijono, Prof. Dr. Sadjijono]]>
<![CDATA[ YURIS: Journal of Court and Justice Vol. 1 Issue 2 (2022) ]]>
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DOI: 10.56943/jcj.v1i2.108
<![CDATA[Changing the name is basically changing the person’s identity on birth certificate. For its validity, name changing must meet the procedures contained in Law Number 23 of 2006. This research aims to find out the procedure for changing names in official state documents and the consequences of changing one's name in official state documents which are not procedural in terms of civil law. In conducting this research, normative legal research will be used by reviewing the existing laws and regulations. Name changing will have legal consequences for the new name and the legal status of official document will affect the changed name, but the rights and obligations will remain same. This happened because they were the same person, but their rights and obligations changed to different name that was obtained from local district court decision. The name changing will cause problems in population administration when it is not meet the procedure. Then, it is essential to follow the existing procedural in changing the name.]]>
<![CDATA[THE CRIMINAL RESPONSIBILITY FOR PORNOGRAPHY VIDEO MAKER THROUGH DIGITAL FORENSICS ON SOCIAL MEDIA ]]>
<![CDATA[Hartono, Dhimas Joeantito]]>;
<![CDATA[Sugiharto, Dr.]]>
<![CDATA[ YURIS: Journal of Court and Justice Vol. 1 Issue 2 (2022) ]]>
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DOI: 10.56943/jcj.v1i2.119
<![CDATA[Cybercrime phenomenon is a crime that is not easy to trace its existence. Digital Forensics is an application in the Computer Science and Technology for the purpose of pro-justice, which in this case is to prove scientifically high-tech crimes so that digital evidence is obtained and it can be used to catch pornography suspects, which was transmitted to various media, such as magazines, television programs, and internet. Cyberporn is a crime in transmitting some pornography contents through website. This research used juridical- normative method as its research method. The researcher used the method to find out the criminal responsibility for pornography video maker through digital forensics on social media. In consequence, if there is a punishment for the perpetrator, then it is retaliation for his actions which aims to improve attitudes and behavior so that they are even better in using social media services and are also intended to prevent others from the possibility of committing similar acts.]]>
<![CDATA[THE CHILD CUSTODY STATUS FROM UNREGISTERED MARRIAGE: AN ISLAMIC LAW ON THE BASIS OF CONSTITUTIONAL COURT DECISION ]]>
<![CDATA[Setiawan, Pratiwi]]>;
<![CDATA[Haryadi, Wahyu Tris]]>
<![CDATA[ YURIS: Journal of Court and Justice Vol. 1 Issue 3 (2022) ]]>
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DOI: 10.56943/jcj.v1i3.124
<![CDATA[Unregistered marriages have an impact on the marriage itself and on the children born caused its marriage. Even though every child is sacred born and without a sin. A child cannot choose to be born from which parents, nor they can choose to be born from the marriage of their parents. Therefore, a child must be given the protection of their human rights and other rights by their parents, family and the state.The objectives of this research is to find out the child custody status from unregistered marriage on Islamic law in Indonesia. The method used in this research is juridical-normative approach (positive law). The data collection used was classified based on each title. The result of this research showed that the law of unregistered marriage is the same as the law of legal marriage, as regulated in Article 2 paragraph (1) on Law No. 1/1974 regarding of marriage. However, the status of unregistered marriage is still not recognized by Indonesian law, which has been regulated in Article 2 paragraph (2) on Law No. 1/1974. Otherwise, the children status of parents who have unregistered marriages, their status is still not recognized by Law and their custody rights over their mother and mother's family. However, according to Islamic law, the child custody status remains to their parents.The decision of the Constitutional Court will establish the existence of jurisprudential law to realize legal certainty regarding the legal position of children out of wedlock so that they obtain complete legal protection from their parents.]]>
<![CDATA[ATTEMPTION OF BRAND PROTECTION FROM THE EQUALITY OF BRAND INFRINGEMENT: A Case Study of Indonesian Supreme Court Decision No. 332K/Pdt.Sus-HKI/2021 ]]>
<![CDATA[Rini, Dian Puspito]]>;
<![CDATA[Hamid, Adnan]]>;
<![CDATA[Dwi Sasongko, Baried]]>
<![CDATA[ YURIS: Journal of Court and Justice Vol. 1 Issue 2 (2022) ]]>
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DOI: 10.56943/jcj.v1i2.131
<![CDATA[The dispute over the brand infringement from the use of word 'Strong' by PT Unilever Indonesia, Tbk on their oral care product, 'Pepsodent Strong 12 Jam' has the same name as 'Strong' on the product belonging to Hardwood Private Limited (holding company of the Orang Tua Group). Indonesian Supreme Court Decision on March 30, 2021 No. 332K/Pdt.Sus-HKI/2021, they do not provide legal protection for the first registrant of strong mark and legal certainty for registered brand owners and this is contrary to the passive judges principle in the KUHAP (Criminal Procedure Code). The word of 'Strong' has a distinguishing power with the brand 'Pepsodent Strong 12 Jam'. The brand naming 'Strong' is formed from a descriptive word which is a common word in a foreign language which has a certain meaning and the owner of the registered brand cannot monopolize it. The TRIPS (Trade-Related Aspects of Intellectual Property Rights) agreement provides exceptions for brand protection based on fair use principles contained in brand dispute jurisprudence involving common words. This research method is normative research through a legal approach. The comprehension and regulation will be reviewed on Law No. 20/2016 concerning of Marks and Geographical Indications and HIR (Herzien Inlandsch Reglement). The word 'Strong' is an adverb, which means 'in a strong or forceful manner' which is quoted from Merriem Webster. Therefore, using its word is public property and it can be used by everyone,but not for personal used.]]>
