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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,
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
Search results for , issue "Vol. 3 Issue 1 (2024)" : 5 Documents clear
COMPARATIVE STUDY OF THE GOOD FAITH CONCEPT BETWEEN INDONESIA AND THE NETHERLANDS IN CIVIL LAW Miarsa, Fajar Rachmad Dwi; Saifudin, Muhamad; Santoso, Hardi Anugrah; Qoilun, Nur; Japar, Sugiarto Raharjo
YURIS: Journal of Court and Justice Vol. 3 Issue 1 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i1.481

Abstract

Indonesian law is not only dominated by the customary system, but also by the European legal system. Indonesia still adhered to the old Dutch “Burgelijk Wetboek” for several years after its independence, even though the Dutch had completely reformed their Burgelijk Wetboek with a more modern version. One of the significant changes that the Dutch implemented is the paradigm change in the regulation of good faith. Therefore, this research is conducted to determine the effect of paradigm changes in good faith under Dutch civil law on the design of legal arrangements in Indonesian civil law. The research method used is normative juridical which focuses on the problem analysis by approaching the principles and legal norms in the applicable laws and regulations, through statutory, comparative, and historical approaches. Good faith concepts in Indonesia and the Netherlands are basically contained in one specific article. The distinction between Indonesia and the Netherlands is the concept of good faith, which is only contained in the article and after the amendment of the new Civil Code in the Netherlands, it is contained in the heading of that article which stipulates that good faith must be applied.
THE EFFECTIVENESS OF REGIONAL GOVERNMENT EMPOWERMENT ON PHARMACEUTICAL WHOLESALER LICENSES ON THE BALI PROVINCE Joniada, I Made Wisnu; Styawati, Ni Komang Arini; Arjaya, I Made
YURIS: Journal of Court and Justice Vol. 3 Issue 1 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i1.483

Abstract

Pharmaceutical wholesalers (PBF) that are already licensed by Indonesian government have complied with the pre-operational business standard requirements and during operations are required to comply with the standards of good drug distribution procedures. However, there have been some cases of PBFs that have been licensed infringing on their business licensing obligations. These infringements will affect the quality of drugs and/or drug substances which could endanger consumers. Based on this phenomenon, monitoring by regional governments is important in maintaining businesses’ compliance with business standards. The objectives of this research were to examine and analyze several factors affecting the effectiveness of regional government supervision of PBF licenses in Bali Province. The method used is empirical legal method. To address the issues within this research, the author utilizes a sociological approach, a legal regulation approach, and a conceptual approach.  Furthermore, this research indicated that Bali Provincial Health Office supervision is ineffective in assuring compliance in the fulfilling of requirements and obligations by businesses. These conditions have been affected through legal substantial factors, legal structure, and legal culture.
EFFECTIVENESS OF DISPOSABLE MEDICAL DEVICE PROCUREMENT IN INCREASING THE ACCELERATION OF THE USE OF DOMESTIC PRODUCTS IN RSUD BALI MANDARA Kristanti, I Gusti Ayu Made Iin; Senastri, Dr. Ni Made Jaya; Arjaya, Dr. I Made
YURIS: Journal of Court and Justice Vol. 3 Issue 1 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i1.485

Abstract

During the early days of the Covid-19 pandemic, there were a number of medical device vacancies that impacted health services. This situation urged the government to fulfill the need for domestic medical devices. This is what underlies the establishment of Presidential Instruction No. 2/2022 concerning Acceleration of Increased Use of Domestic Products. The purpose of this research is to analyze the regulation of the procurement of disposable medical devices in order to increase the acceleration of the use of domestic products and analyze the factors that influence the emergence of obstacles in the implementation of Presidential Instruction No. 2/2022 at RSUD Bali Mandara (Bali Mandara Regional General Hospital). This research applies empirical legal research methods, using statutory, conceptual, and sociological approaches. The implementation of the regulation to purchase domestically produced disposable medical devices at RSUD Bali Mandara is conducted by adhering to Presidential Instruction No. 2/2022, with the aim of increasing the use of domestically produced disposable medical devices in the hospital environment. However, during its implementation at RSUD Bali Mandara, there were several obstacles related to the purchase of domestically produced disposable medical devices. These obstacles include limited stock, users concerns regarding quality, and price differences that make domestic products more expensive compared to the imported products.
THE EFFECTIVENESS OF LAW ENFORCEMENT AGAINST THE PERPETRATORS OF TOURISM OBJECT VANDALISM IN NORTH TORAJA Salamba, Yogistry Pakita
YURIS: Journal of Court and Justice Vol. 3 Issue 1 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i1.493

Abstract

This research aims to analyze the implementation of sanctions against perpetrators of tourism site vandalism in North Toraja; and to examine the constraints on the application of sanctions in law enforcement against perpetrators of tourism site vandalism based on Regional Regulation No. 7/2016. This research uses empirical research methods, using statutory approaches and conceptual approaches. Primary data is obtained through field research using interview and observation methods, while secondary data is obtained through literature study. The results indicated that the enforcement of sanctions of Regional Regulation No. 7/2016 on the Implementation of Tourism in North Toraja has not complied with the regulation. Moreover, the case of Ke’te’ kesu’ vandalism committed by perpetrators who are sanctioned by custom, is characterized by many unresolved cases and weak enforcement of sanctions. The constraints in the implementation of sanctions in law enforcement are mostly caused by delayed information to the Civil Service Police Unit so that initial administrative actions are conducted before handing over to the Prosecutor’s Office. Another constraint is the absence of a MoU between the Police, Prosecutor’s Office, and Courts, and limited budget which affects the capacity of Civil Service Police Unit (Satpol PP) in protecting tourists. A comprehensive approach is needed, which includes training of law enforcers, inter-agency coordination, legal education for the community, and a review of local regulations to enhance justice and appropriateness of sanctions.
RESOLUTION OF NON-PERFORMING LOANS IN CREDIT AGREEMENTS WITHOUT MORTGAGE DEED AT THE CUSTOMARY VILLAGE CREDIT INSTITUTION (LPD) OF PADONAN TIBUBENENG, NORTH KUTA, BADUNG Dewi, Ni Kadek Marantina; Mahendrawati, Ni Luh Made; Sukandia, I Nyoman
YURIS: Journal of Court and Justice Vol. 3 Issue 1 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i1.503

Abstract

The enactment of Law No. 4/1996 on Mortgage Rights mandates that any action establishing land rights under Law No. 5/1960 on Agrarian Principles must involve the granting of mortgage rights via APHT as debt repayment security, with the Mortgage Rights Deed being a crucial part of the debt agreement. Despite this, some financial institutions like LPD Padonan Tibubeneng Customary Village extend credit without APHT. Researchers are interested in LPD Padonan’s response to defaulted agreements, which pose a legal discrepancy. Similar cases arise in various LPDs in Bali, where credit is granted with collateral but lacks a mortgage deed, leading to legal issues upon default. LPD Padonan faces the same challenge, hindering collateral execution upon default. Empirical legal research, using legal concepts and theories, is conducted, supplemented by data from LPD Padonan. Steps taken upon default, before non-performing loan status, involve warning letters and subpoenas. If unsuccessful, credit settlement by Padonan LPD occurs through two channels: non-litigation avenues such as deliberations and credit restructuring, particularly for Padonan residents, and customary settlement through paruman.

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