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Yuris: Journal of Court and Justice
Published by JF Publisher
ISSN : -     EISSN : 28097572     DOI : https://doi.org/10.56943/jcj
Core Subject : Social,
Law, Crime, Criminology & Criminal 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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 1 Issue 4 (2022)" : 5 Documents clear
THE ENFORCEMENT OF WANPRESTASI ON DEBT RECOGNITION IN DEBT AGREEMENTS: A Case Study of District Court Decision No. 9/Pdt.G.S/2021/Pn.Srl Fitriana, Fairus Nur; Setiasih, Herma
YURIS: Journal of Court and Justice Vol. 1 Issue 4 (2022)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v1i4.206

Abstract

An agreement is a legal act regarding the property of two parties, in which one party promises to do something, while the other party has the right to demand its implementation. Thus, the relationship arises between the two parties during the agreement. In its form, the cooperation contract or agreement is a series of words in written form that contains promises of the ability to do something. This research is normative law. A normative research initiates by conducting a search on legal materials as a basis for making legal decisions on legal cases. The approach method used is a normative juridical approach. A normative juridical approach is used to provide a qualitative analysis by analyzing the theories, legal principles and law to discussed material. This research indicated that legal consequence of wanprestasi on debt acknowledgement letter in the debt-receivable agreement is a civil lawsuit or a claim for compensation. The efforts made by the creditor is very appropriate for the party who is harmed in debt agreement. According to law, legal remedies are through non-litigation and litigation. It can be concluded that although the agreement is not specifically regulated, the agreement that provides freedom of contract makes more convenient for public to make contracts outside the agreements contained in Book III of the Civil Code.
THE LAW ENFORCEMENT OF NARCOTICS CRIME: A Case Study of District Court Decision No. 936/PID.SUS/2021/PN.SDA Udin, M. Bachrul Ulum; Widoyoko, Wreda Danang
YURIS: Journal of Court and Justice Vol. 1 Issue 4 (2022)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v1i4.207

Abstract

This research contained the forms of criminal responsibility in the narcotics crime based on a case study of district court No. 936/PID.SUS/2021/PN.SDA and its aim to find out the judge's consideration against the criminal act of storing narcotics in class 1 for cannabis type. The research was conducted in Sidoarjo District Court by analyzing the judge who handled the case related to the narcotics crime and examining documents related to the existing case. There are two important things which described the problem solving of this case, these are (1) criminal responsibility in narcotics crimes fulfills the elements of criminal responsibility, such as being able to take responsibility, the existence of intentional mistakes and no leniency for the accused in order to held accountable; (2) the judge's legal considerations in deciding the decision on the criminal case No. 936/PID.SUS/2021/PN.SDA with the existence of valid evidence and the judge is sure of its evidence.
THE JUDGE CONSIDERATIONS IN MAKING DECISION AGAINST NARCOTICS IN CHILDREN Faridah, Idah; Kunarso, Kunarso
YURIS: Journal of Court and Justice Vol. 1 Issue 4 (2022)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v1i4.208

Abstract

The narcotics abuse in Indonesia is closely related to narcotics users who obtain it from illicit trafficking that caused by drug attacks in Indonesia that reached the point of endangering the nation life and security. The Indonesian Child Protection Commission (KPAI) noted that 5.9 million children from 87 million child population in Indonesia are became drug addicts. This research aims to find out how the application of criminal law to children as perpetrators of drug abuse and how the juridical analysis based on judge's considerations in making criminal decisions for children as perpetrators of narcotics crimes. This research uses normative legal research that confines itself to the study of the law as an object and excludes any non-legal information from discussed problem. This research shows that when a child commits a crime within the specified age limit, it is a legal obligation for law enforcement officials to conduct special procedural law for children, and it is prohibited to apply general procedural law. However, if a child commits a crime beyond their age limit, the law enforcement officials has an authority to implement the general procedural law.
LEGAL PROTECTION FOR HUMAN TRAFFICKING: A Case Study of Sidoarjo District Court Decision No. 889/PID.SUS/2018/PN.SDA Rahmawati, Shofi Nurul; Sumaryanto, Djoko
YURIS: Journal of Court and Justice Vol. 1 Issue 4 (2022)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v1i4.209

Abstract

The objective of this research is to determine the regulation of the human trafficking crime and analyze of the human trafficking crime in Decision No. 889/PID.SUS/2018/PN.SDA. A criminal act or "strafbaar feit" is an act which regulated by law that is prohibited and punishable by crime. It means that this act can be an active act (doing something that is actually prohibited by law) or a passive act (not doing something that is actually required by law). The method used in this research is juridical normative method. Legal material source used in this research was library research. It conducted by reading, analyzing, studying, and identifying legal materials that are appropriate with the topic of this research, then implemented into this research. Legal material sources obtained from primary legal materials and secondary legal materials. Selecting appropriate legal materials aims to complete understanding of human trafficking crime. The legal material will be processed and analyzed quantitatively in order to explain the statement problems that are closely related to this research. The researchers can conclude that the act of a husband selling his wife to engage in deviant sex (threesome) still cannot be considered a criminal act of human trafficking. Based on the case described, before imposing sanctions, the judge must be more thorough and careful in implementing the law and pay attention to the conscience of the victim in order to realize the court as an institution that provides a sense of justice.
THE LEGALITY PRINCIPLE IN PROTECTING THE INTERESTS OF VICTIMS IN ARTICLE 1, PARAGRAPH (1) OF THE CRIMINAL CODE Sari, Clara Mega Kharisma; Sholehuddin, M.
YURIS: Journal of Court and Justice Vol. 1 Issue 4 (2022)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v1i4.210

Abstract

The principle of legality is needed to prosecute acts that cause extraordinary harm to victims, which the action have not been or are not prohibited by criminal law. In Indonesia, the legality principle contained in Article 1 paragraph (1) already has a draft for amendments to the previous article. In the 2010 Draft Law, the Criminal Code Bill still maintains the existence of the principle of legality as a fundamental principle for the enforceability of criminal law. This research aims to find out the implementation of legality principle in protecting the victims and perpetrators’ interest along with the right justice for the criminals. This research is normative legal research that aimed at legal concepts, statutory regulations, and other legal materials. This research is conceptual and statutory approach through Criminal Code (WvS), Criminal Procedure Code, and the 1945 Constitution to understand the basic concept of legality contained in Criminal Code article on law enforcement and justice. In this research, it found that the existence of legality principle is very necessary to protect citizens’ rights from arbitrary government in their decision-making. It can be concluded that the meaning contained in legality principle is to provide a protection for perpetrators from arbitrary authorities as well as a limiting function for government to not make decisions injudiciously. This means that the legality principle only regulates the relationship between the perpetrator and government, while the relationship between victim and government is not regulated in it that resulted in no protection for victims.

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