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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<![CDATA[THE INDONESIAN ARRANGEMENT OF ASSET FORFEITURE DRAFT AS REFORM EFFORTS IN RECOVERING STATE LOSSES DUE TO CORRUPTION: A COMPARATIVE STUDY OF UNITED STATES CODE ]]>
<![CDATA[Sianipar, Ferry Agus]]>;
<![CDATA[Sambas, Nandang]]>;
<![CDATA[Yanto, Oksidelfa]]>
<![CDATA[ YURIS: Journal of Court and Justice Vol. 3 Issue 2 (2024) ]]>
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DOI: 10.56943/jcj.v3i2.509
<![CDATA[Corruption remains a pervasive challenge in Indonesia, undermining governance, economic development, and social justice. The Draft Law on Asset Forfeiture in Indonesia is an effort in reform to restore state losses caused by the crime of corruption. This is a comparative legal research which aims to compare the Draft Asset Forfeiture Law with the United States Code as a reference to assess compatibility with human rights. The findings of this research indicate that despite the fact that there have been numerous previous efforts and procedures from law enforcement to return assets under the criminal procedure law and other regulations, the judicial system is still insufficient to effectively address potential state financial losses due to the rampant corruption crimes in Indonesia. The Asset Forfeiture system, which shares similarities with the Asset Forfeiture principle in the U.S.C., has the potential to be abused and violates human rights and the basic Criminal Law principle of presumption of innocence, both in Indonesia and the United States. Therefore, it is necessary to improve the Draft Law on Asset Forfeiture with due regard to Human Rights, by placing the perpetrators of corruption on the Principle of the Highest Balanced Probability, and still adhering to the principles of the criminal process in accordance with basic criminal law.]]>
<![CDATA[LEGAL PROTECTION AND LIABILITY OF THE BUSINESS ACTORS AGAINST TOURISTS IN MT. AGUNG BALI ]]>
<![CDATA[Putra, I Ketut Wira Cipta]]>;
<![CDATA[Astara, I Wayan Wesna]]>;
<![CDATA[Arjaya, I Made]]>
<![CDATA[ YURIS: Journal of Court and Justice Vol. 3 Issue 2 (2024) ]]>
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DOI: 10.56943/jcj.v3i2.512
<![CDATA[Incidents of accidents during risky climbs have been reported in Bali, and yet to date there are no specific legal regulations regarding mountaineering tourism in the region. Mountaineering tourism is a type of tourism with a high risk, making it very important to implement legal regulations that can provide protection to tourists in any undesirable situation. This research aims to evaluate the legal protection of tourists according to Law No. 10/2009 on Tourism as well as the liability of mountain climbing tourism business actors to those who have experienced losses. This is a qualitative research which adopted normative and conceptual approach. The research findings indicate that there is a necessity for additional regulations as stated in the Governor Regulation of Bali No. 52/2021 concerning Regulations for the Implementation of Regional Regulation No. 5/2020 concerning Standards for the Implementation of Balinese Cultural Tourism. In accordance with Article 1366 of the Civil Code, businesses or managers of the mountain climbing tourist attractions in Bali are obliged to be responsible in the case of accidents that have caused significant losses to tourists. The liability of business actors can also refer to Article 7 of Law No. 8/1999 on Consumer Protection. In addition, the liability of business actors as managers of tourist attractions is also referred to Article 26 of Law No. 10/2009 concerning Tourism and Article 6 No. 3 of Bali Province Regional Regulation No. 5/2020 concerning Standards for the Implementation of Balinese Cultural Tourism.]]>
<![CDATA[CORPORATE CRIMINAL LIABILITY FOR CRIMINAL NEGLIGENCE OF FOREST AND LAND FIRE CAUSES: Decision Study: Number 71/Pid B/LH/2021/PN Snt ]]>
<![CDATA[Ganitri, Ni Nyoman Ayu Ratih]]>;
<![CDATA[Sugiartha, I Nyoman Gede]]>;
<![CDATA[Setiabudhi, I Ketut Rai]]>
<![CDATA[ YURIS: Journal of Court and Justice Vol. 3 Issue 2 (2024) ]]>
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DOI: 10.56943/jcj.v3i2.513
<![CDATA[During the globalization era, forest exploitation has become more frequent, one of them is burning land as a cause of rapid reduction in forest area. Forest and land fires caused by human activities can be categorized as legal acts, i.e. those occurrences or events that can trigger legal consequences. Therefore, forest and land burning is not included in ordinary criminal offenses. This research aims to analyze the arrangements for criminal liability for criminal negligence that causes forest and land fires (Ius Constitutum) and to analyze the considerations of the judges for negligence for causing forest and land fires in Decision Number 71/Pid B/LH/2021/PN Snt. The method used is a normative method with a statutory approach, legal concepts and theories. The result of this research is that criminal liability for the causes of forest and land fires can be identified from several legislations that have been established and are applicable at this time, both those committed intentionally and due to negligence, and both those committed by individuals and those committed by corporations. The Judges’ consideration in Decision Number: 71/Pid B/LH/2021/PN Snt, imposed a fine and additional punishment on the defendant that is PT Mega Anugrah Sawit. The judge only recognized the defendant’s guilt due to negligence, while from the facts of the trial there was an element of intent.]]>
<![CDATA[POLITICAL DEMOCRACY AND JUDICIAL VALUES: A PHILOSOPHICAL APPROACH TO JUSTICE AND DEMOCRACY THROUGH LEGAL PHILOSOPHY ]]>
<![CDATA[Prasetyo, Dr. Dossy Iskandar]]>
<![CDATA[ YURIS: Journal of Court and Justice Vol. 3 Issue 2 (2024) ]]>
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DOI: 10.56943/jcj.v3i2.522
<![CDATA[This research analyzes the political democracy that is based on the fourth principle of Pancasila and the legal value from the perspective of legal philosophy. Legal philosophy research is directed at understanding the moral and legal imperatives contained in the concept of political democracy according to the fourth principle of Pancasila. This research uses a doctrinal legal method with a theoretical approach to find the conceptual basis of legal principles and examine the cumulative effect of various rules and procedures in a particular area of activity. There are two important points produced from this research, which are (1) the judicial values of political democracy in the fourth principle of Pancasila are closely related to Soekarno’s perception of Pancasila as the ideology of Indonesian people, which prioritizes harmonious life in diversity; (2) there are four main values in political democracy in the fourth principle of Pancasila, such as (a) democracy must be based on morals, (b) power must be used for the welfare of the people, (c) elections must be held with ethics and good manners, and (d) decisions must be reached through deliberation and consensus for the common good.]]>
<![CDATA[LEGAL PROTECTION OF DISPUTED LAND DEED OFFICIALS IN THE BANKRUPTCY ESTATE BY THE CURATOR IN RELATION TO THE PRINCIPLE OF JUSTICE ]]>
<![CDATA[Amini, Nyak]]>;
<![CDATA[Yusdiansyah, Prof. Dr. Efik]]>;
<![CDATA[Rivandi, Dr. Dhody Ananta]]>
<![CDATA[ YURIS: Journal of Court and Justice Vol. 3 Issue 2 (2024) ]]>
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DOI: 10.56943/jcj.v3i2.544
<![CDATA[Bankruptcy occurs when a person or entity stops paying its overdue debts, leading to the management of their assets by a curator. The curator oversees and manages the bankruptcy estate. The problem of bankruptcy estate often arises due to the transfer deed issued by the Land Deed Official (PPAT) which is considered incorrect by the curator, resulting in the Land Deed Official being sued and creates uncertainty as well as injustice for the Land Deed Official. This research will examine how the land law system regulates land sale and purchase transactions in the agrarian field in Indonesia, which was previously regulated in Government Regulation No. 24 of 1997 concerning Land Registration by applying a negative publication system with positive elements. This research applies empirical juridical research methods. The findings of this research identified that the legal system of land sales and purchases in Indonesia can lead to disputes in bankruptcy estates managed by curators, particularly concerning the principle of prudence. The Land Deed Official is responsible for errors or violations in the deeds they create but not for inaccuracies provided by the parties involved. If the parties provide false information, the responsibility lies with them, rather than with the Land Deed Official who only records the submitted information.]]>
<![CDATA[IMPLEMENTATION OF THE GRANTING OF LAND OWNERSHIP RIGHTS BY THE STATE FOR FOREIGN CITIZENS UNDER ARTICLE 21 PARAGRAPH 3 OF THE BASIC AGRARIAN LAW ]]>
<![CDATA[Ratu, Ida Ayu Mas]]>;
<![CDATA[Santika, Ida Bagus Agung Putra]]>
<![CDATA[ YURIS: Journal of Court and Justice Vol. 3 Issue 2 (2024) ]]>
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DOI: 10.56943/jcj.v3i2.546
<![CDATA[Land or land rights can be obtained by someone as an heir, either a biological child or a living spouse, either individually or jointly between the biological child and the living spouse. The acquisition of property rights over land occurs through inheritance, which is the transfer of land rights due to the death of a person or heir who holds land rights. The objective of this research is to identify and analyze the regulation of land ownership rights for foreign nationals according to Article 21 Paragraph 3 of the Basic Agrarian Law (UUPA) and to identify and comprehend the implementation of land ownership rights by the State for foreign nationals at the Badung Regency Land Office. This research applies empirical legal research method with statutory approach, legal concept analysis and factual approach. The results of this research indicate that the regulation of the acquisition of property rights to land for foreign nationals according to Article 21 Paragraph 3 of the Basic Agrarian Law is that heirs with foreign citizenship are obliged to relinquish the right within a period of 1 year since the loss of Indonesian citizenship. The implementation of the granting of land ownership rights by the State for foreign nationals in the Badung Regency Land Office is that a foreign national may receive inheritance of land and/or buildings with property rights status (such as a house). However, within one year, the foreign national must transfer his/her rights to the land and/or building to another person.]]>
<![CDATA[THE EFFECTIVENESS OF THE SPECIAL DEVELOPMENT PROGRAM FOR CHILDREN AT THE CLASS II JUVENILE REHABILITATION CENTER IN KARANGASEM, BALI ]]>
<![CDATA[Virgayanti, Ni Ketut Anik]]>;
<![CDATA[Astara, Prof. Dr. Drs. I Wayan Wesna]]>;
<![CDATA[Sukandia, Dr. I Nyoman]]>
<![CDATA[ YURIS: Journal of Court and Justice Vol. 3 Issue 2 (2024) ]]>
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DOI: 10.56943/jcj.v3i2.548
<![CDATA[The effectiveness of the Class II Juvenile Rehabilitation Center (LPKA) Program in Karangasem Regency is an important focus in safeguarding the development of juveniles involved in criminal proceedings. In an increasingly complex era, the importance of a sensitive and responsive approach to their needs is necessary. The purpose of special development program for juveniles is to prevent recidivism, protect children's human rights, and build an inclusive society. this research aims to examine and analyze the effectiveness of the Class II Juvenile Rehabilitation Center special development program in Karangasem regency as well as identify any factors that influence the effectiveness of the Class II Juvenile Rehabilitation Center special development program in Karangasem regency. This research applies descriptive empirical method by exploring field data through interviews and observations. The findings indicated that the effectiveness of the development program has had a positive impact with adequate facilities and cooperation with external parties. Despite obstacles such as emotional problems and adjustment difficulties, efforts continue to be carried out towards improving the program. However, there are still obstacles in improving skills training facilities. In conclusion, the effectiveness of the special development program for juveniles at Class II Juvenile Rehabilitation Center (LPKA) in Karangasem Regency can be concluded as significant, with efforts to continue improving its quality in preparation for the juvenile to return to the community in a productive manner.]]>
<![CDATA[CRIMINAL LIABILITY FOR ONLINE SEXUAL EXPLOITATION OF CHILDREN (OSEC) CRIMES IN INDONESIA ]]>
<![CDATA[Goni, Abdul]]>;
<![CDATA[Efendi, Dr. Jonaedi]]>
<![CDATA[ YURIS: Journal of Court and Justice Vol. 3 Issue 2 (2024) ]]>
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DOI: 10.56943/jcj.v3i2.558
<![CDATA[Online Sexual Exploitation of Children (OSEC) has become a global crime in Indonesia during the COVID-19 pandemic. There are difficulties in identifying and investigating perpetrators as they have continued to use technology to enable them to abuse and exploit children, while avoiding detection. This research aims to conceptualize criminal liability for online sexual exploitation of children after the enactment of Law No. 12/2022 on sexual violence. This research method uses an empirical approach, which involves collecting data through observation, interviews, and case studies to identify legal rules, legal principles, and their application in actual cases. Data was collected from various sources including legal documents; police reports; and interviews with legal experts and law enforcers involved in handling OSEC cases. The results of the research indicated that some small-scale cases of sexual exploitation have been found in the Philippines and Thailand, such as sexual grooming, dissemination of child pornographic content, and solicitations by sexting (sending indecent images). In the Philippines, the Thomson Reuters Foundation found cases of live streaming of child sexual abuse. This research is expected to contribute to the development of more comprehensive and effective legal policies in handling online sexual exploitation of children, and increasing the awareness and competence of law enforcement in identifying, investigating and prosecuting perpetrators of OSEC.]]>
<![CDATA[LEGAL PROTECTION OF WORKERS WITH A SPECIFIC TIME WORK AGREEMENT (PKWT) IN THE TRANSFER OF OUTSOURCING COMPANIES FOLLOWING THE ENACTMENT OF LAW NO. 6/2023 ]]>
<![CDATA[Liana, Liana]]>;
<![CDATA[Yahman, Dr. Yahman]]>
<![CDATA[ YURIS: Journal of Court and Justice Vol. 3 Issue 2 (2024) ]]>
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DOI: 10.56943/jcj.v3i2.559
<![CDATA[Employment relations can occur due to the existence of work, orders, and wages. Indonesian labor law recognizes two forms of employment relations, which are employment relations with a Specific Time Work Agreement (PKWT) and an Indefinite Time Work Agreement (PKWTT). This research aims to obtain further understanding of Government Regulation No. 6/2023 on Job Creation. This regulation is a result of the Government's efforts to fulfill legal protection of people's rights to work and a decent livelihood for humanity through job creation. This research uses a statutory approach and a conceptual approach. The types of legal materials used are primary, secondary and tertiary legal materials which are then systematically inventoried and categorized to solve real problems and try to formulate accurately, clearly and appropriately about the comparison of Law No. 13/2003 on Manpower and the Government Regulation on Job Creation (Law No. 6/2017 on the Stipulation of Government Regulation in Lieu of Law No. 2/2016 on Job Creation into Law). The results indicated that employees who are bound by a Specific Time Work Agreement (PKWT) after the enactment of the Government Regulation in Lieu of the Job Creation Law receive legal protection and compensation from outsourcing companies. This compensation is given to outsourced employees after the end of the work agreement, such as outsourcing companies, in accordance with the provisions stipulated in the preceding regulation.]]>
<![CDATA[THE LEGAL POSITION OF THE HUMAN RESOURCES POSITION IN REPRESENTING THE LEGAL INTERESTS OF EMPLOYERS IN THE WORK AGREEMENT BETWEEN EMPLOYERS AND EMPLOYEES ]]>
<![CDATA[Wicaksono, Luther Pamungkas]]>;
<![CDATA[Prasetyo, Dr. Dossy Iskandar]]>
<![CDATA[ YURIS: Journal of Court and Justice Vol. 3 Issue 2 (2024) ]]>
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DOI: 10.56943/jcj.v3i2.562
<![CDATA[Human resources positions in companies hold a strategic role in empowering and optimizing employee performance, which contributes to the company’s progress. As an employee of the company, the human resources position holds a legal position in managing employee matters and board of directors policies that represent the company’s interests. In order to carry out this role, the human resources position requires authorization in order to ensure a strong legal foundation, thus ensuring that the actions taken are not detrimental to the company. This research applies normative juridical method with secondary data collected through literature study and analyzed qualitatively normative. HR’s position is important in representing the employer’s legal interests, but is limited by company regulations. Delegation of legal authority must be regulated by law and cannot be arbitrary. Rights and obligations in the employment agreement remain with the employer unless there is an official power of attorney. Without a power of attorney, HR actions are invalid. Proper delegation provides a strong legal basis for HR, especially in employment agreements. Employment Law emphasizes the importance of official delegation for HR actions to be valid, so without a power of attorney, legal responsibility becomes personal, not corporate.]]>
