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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 6 Documents
 1 
Search results for , issue "Vol. 2 Issue 4 (2023)" : 6 Documents clear
ANALYSIS OF THE CANCELLATION OF CONSUMER DISPUTE SETTLEMENT DECISION BOARD SURABAYA NUMBER: 25/BPSK/XI/2020: A Case Study of Surabaya District Court Decision Number: 1212/Pdt.Sus.-BPSk/2020/PN.Sby. Regina, Mariska; Munawaroh, Siti
YURIS: Journal of Court and Justice Vol. 2 Issue 4 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i4.403

Abstract

The Consumer Dispute Settlement Board (BPSK) is one of the institutions tasked with resolving consumer disputes. This research aims to find out the existence of BPSK can be part of equitable justice, especially for consumers who have suffered losses by business people because disputes between consumers and business people are usually small nominal so that consumers are reluctant to file disputes in court because it is not comparable between the cost of the case and the amount of losses experienced. The method used in this research is the juridical normative method. This is based on the consideration that the specification of this research is descriptive analytical, that is, describing existing legal problems based on applicable laws and regulations associated with legal theories and cases of consumer disputes which are the subject matter of the research. The results of this research, such as (1) the main task of BPSK is to resolve disputes between consumers and business actors; (2) Surabaya District Court Decision Number: 1212/Pdt.Sus.-BPSK/2020/PN.Sby., which canceled the Surabaya City BPSK Decision Number: 25/BPSK/XI/2020, according to researchers, this decision was right. One of the reasons that can be used to cancel the decision is the consideration of the judge who accepted the applicant’s reason that there was no legal relationship between the applicant and the respondent.
PUBLIC PERCEPTION TOWARDS THE PUNISHMENT OF CRIMINAL BEATINGS PERPETRATORS IN GEDANGAN THROUGH SOCIOLOGY OF LAW PERSPECTIVE Fitriani, Ajeng; Rosmaya, Ina
YURIS: Journal of Court and Justice Vol. 2 Issue 4 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i4.406

Abstract

Persecution is a behavior that is clearly intended to cause suffering or injury to another individual, the intentional component must include the purpose of causing suffering or injury to another individual. The persecution can be committed in several ways such as slapping and beating. The regulation on beatings has actually been regulated in Article 170 of the Criminal Code, the article also regulates the punishment imposed on the perpetrators of beatings based on the actual damage committed. There were many cases of beatings in the Gedangan area, Sidoarjo, in 2022. One example is a case of beating committed by 5 perpetrators on St Mandala, Semambung Village, Gedangan, Sidoarjo. Therefore, this research aims to discuss the legal sociology perspective of the beating case. This research used normative legal method which focuses on the discussion of legal issues using laws and regulations, combined with legislative approaches related to the case of beating that occurred in Gedangan, Sidoarjo. The application of the law on beatings in the Gedangan, Sidoarjo involves minors and the diversion is involved first if the act of beating is not a recurrence of an offense. If diversion is not possible due to either a recurrence of the offense or a lack of agreement, then prosecution is conducted by the Public Prosecutor based on the Law.
LAW ENFORCEMENT AGAINST HUMAN TRAFFICKING IN THE POLICE JURISDICTION AT SANGIHE ISLANDS RESORT Anriz, Revianto; Prawesthi, Wahyu; Amiq, Bahrul
YURIS: Journal of Court and Justice Vol. 2 Issue 4 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i4.409

Abstract

The form of application is based on mistakes that are in accordance with legal elements and there is no reason for unlawful elimination, the element of intent by the perpetrator (dolus) so that there is no justification or reason for him/her to avoid punishment. Law enforcement efforts in the eradication of human trafficking are implemented through non-penal and penal approaches. Non-penal approaches are conducted through counseling, social education in order to develop the social responsibility of citizens who are aware of human trafficking crimes, legal counseling, resocialization, workshops, etc., especially in crime-prone environments. The penal approach is carried out through legal efforts so that perpetrators of human trafficking crimes are legally processed based on the provisions of laws and regulations up to the court level and execution in order to obtain criminal sanctions and guarantee legal certainty in society. The objective of this research is to analyze the application of criminal sanctions and law enforcement against human traffickers in the Police jurisdiction, North Sulawesi Regional District, Sangihe Islands Resort. This research used a case approach which aims to examine the application of legal norms or rules in legal practice. In addition, legislation is conducted by reviewing all laws and regulations that are related to the legal issues being addressed. The 1945 Constitution of the Republic Indonesia in one of its articles, Article 3, mentions the right not to be enslaved. Therefore, to realize the protection of this right, the Indonesian government needs to regulate human trafficking crimes separately.
ANALYSIS OF THE ROLES OF REGIONAL GOVERNMENT OF SAMPANG REGENCY IN CONTROLLING SANDSTONE MINING ACTIVITIES: A Case Study in Gunung Rancak Village, Robatal District, Sampang, Madura Sushanty, Vera Rimbawani; Putra, Jejein Indramayu
YURIS: Journal of Court and Justice Vol. 2 Issue 4 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i4.439

Abstract

The objectives of this research are to find out, analyze, and identify the consequences of sandstone mining in Gunung Rancak Village, Robatali District on environmental damage that is crowded with visitors analyzed based on Law No. 32/2009; and to find out the role of local governments in illegal sandstone mining and negative impacts on society and obligations to create a final project paper of research on the implementation of Law No. 32/2009 regulations on sandstone mining in Gunung Rancak Village. This type of research is empirical juridical. This type is an approach that aims to find out social symptoms and problems related to existing regulations in Indonesia. Researchers used interview techniques with various parties including the Head of Sampang Regency Environmental Service, the Head of Gunung Rancak Village and the people of Gunung Rancak Village regarding sandstone mining activities in Gunung Rancak Village. The result of this research is that mining activities in Gunung Rancak Village, Robatali District cause various environmental damages, both in the abiotic and biotic categories. The impact of illegal sandstone mining activities on the community and local government has a negative impact and various provisions contained in Law No. 32/2009.
LAW ENFORCEMENT AGAINST PERPETRATORS OF CRIMINAL OFFENSES OF MOTORCYCLE EMBEZZLEMENT UNDER DECISION NO. 85/PID.B/2022/PN KTG Carlos, Christcarsel Brandlay Theolvano; Subekti, Subekti; Borman, M. Syahrul; Suyono, Yoyok Ucuk; Prawesthi, Wahyu
YURIS: Journal of Court and Justice Vol. 2 Issue 4 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i4.448

Abstract

The development of an advanced era does not eliminate the possibility that the modus operandi of criminal acts is also increasingly developed, both in thought and technology. These developments affect various individuals to do various ways to fulfill their desires by doing everything that has an impact on someone later. The most dominant crime case is the type of crime against property, that is, embezzlement. Crimes reported by the public to Kotamobagu Police continue to increase. One of these crimes is the crime of motorcycle embezzlement. The objective of this research is to find out the law enforcement against the perpetrators of motorcycle embezzlement under Decision No. 85/Pid.B/2022/PN Ktg. This research uses a case approach to examine the application of legal norms committed in legal practice, especially regarding cases that have been decided, and a statutory approach by examining all laws and regulations related to the legal issues being addressed. Based on the research results, in this case, the suspect will be charged with the criminal offense of motorcycle embezzlement as referred to in Article 372 of the Criminal Code with a maximum imprisonment of four years. In addition, the crime of embezzlement is a criminal offense that cannot be avoided.
INHERITANCE IN THE COMMUNITY OF JUWONO VILLAGE, KERTOSONO SUBDISTRICT, NGANJUK REGENCY, EAST JAVA Helmi, Hanum Rahmaniar; Poespasari, Ellyne Dwi; Soelistyowati, Soelistyowati; Erlangga, Afga Samudera; Agustine, Rahmawati Emma Audrya
YURIS: Journal of Court and Justice Vol. 2 Issue 4 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i4.564

Abstract

In Juwono Village, Kertosono Subdistrict, Nganjuk Regency, East Java, inheritance follows a parental kinship system where descent is traced from both parents. All children, regardless of gender, have equal rights to their parents' inheritance, including original and joint property. Disputes may arise if any heir is dissatisfied with their share. This research aims to identify the system and the settlement of inheritance distribution in the Juwono Village Community, Kertosono Subdistrict, Nganjuk Regency, East Java. This research is a socio-legal research that can be classified into descriptive analytical research as this research examines the behavior of Juwono Village community members in the tradition of resolving disputes over the distribution of inheritance property to their heirs.The findings of this research revealed that in Juwono Village, inheritance is distributed based on parental kinship, granting equal rights to male and female heirs. Each heir receives an individual share to own and control. However, disputes often arise due to perceived inequities in the distribution, particularly concerning the shares of widows, widowers, biological children, adopted children, and stepchildren. These disputes, driven by differing interests and dissatisfaction, frequently lead to legal conflicts within the community.

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