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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 8 Documents
 1 
Search results for , issue "Vol. 3 Issue 3 (2024)" : 8 Documents clear
PEDUM PAMONG AGAINST TEGAK UMAH TUA IN BALINESE CUSTOMARY LAW Sari, Kadek Dwinta Pradnya; Resen, Dr. Made Gde Subha Karma
YURIS: Journal of Court and Justice Vol. 3 Issue 3 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i3.565

Abstract

Umah Tua land is essential for the Balinese community's balance and must be preserved by every generation. Balinese customary law includes the concept of pedum pamong, which involves temporarily distributing inherited property until a final distribution occurs. However, there are no specific regulations in Balinese law addressing pedum pamong and its legal consequences for Umah Tua. This is neccessary as Umah Tua ownership is communal and includes preservation duties, especially for the tegak sanggah within Umah Tua. This article aims to explain the concept of pedum pamong in the context of Balinese customary law and analyze its juridical consequences on the tegak umah tua. This research applies a descriptive normative legal approach, reliant on the analysis of literature related to Balinese customary law. The research findings revealed that no specific regulation on pedum pamong is identified in Balinese customary law. Pedum pamong focuses on the temporary distribution of inheritance until it is distributed in perpetuity. Due to its temporary nature, the ownership of tegak umah objects within the scope of umah tua may change upon the testator's passing or cremation, with the exception of tegak bale dangin and merajan. Therefore, it is necessary to establish a specific and comprehensive guideline regarding pedum pamong in Balinese customary law.
CIVIL LAW ASPECTS OF INFRINGEMENT ON TWO-DIMENSIONAL ART COPYRIGHT WORKS MADE INTO NON-FUNGIBLE TOKENS (NFT) Ngaisah, Siti; Keni, Grefitha Yasanova
YURIS: Journal of Court and Justice Vol. 3 Issue 3 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i3.578

Abstract

NFTs, or Non-Fungible Tokens, are digital assets referring to objects, such as art, music, in-game items, videos, and any other type of work represented in digital form. Two-dimensional artworks, including paintings, drawings, and sculptures, gain legal protection as copyrighted works. The use of NFTs is identified as a potential tool in preventing copyright infringement, verifying authenticity, and providing legal certainty for owners and buyers of digital artworks. This research aims to identify the regulation and protection of copyright for two-dimensional artworks in the context of the use of Non-Fungible Tokens (NFTs) under Law No. 28/2014 on Copyright (UUHC). Through normative research with a statutory approach, this research aims to examine the regulation of copyright infringement of two-dimensional artworks embodied in NFTs and comprehend the legal aspects related to their infringement. The research findings indicate that, although NFTs offer a mechanism to strengthen proof of ownership and authenticity, there remains a lack of effective legal and policy frameworks to protect copyright and support the growth of the digital art industry. The findings underscore the importance of concerted efforts in strengthening copyright protection in the digital age and raising public awareness on the significance of respecting and abiding by copyrighted artworks.
LEGAL PROTECTION FOR INVESTORS AGAINST INSIDER TRADING PRACTICES BY ISSUERS ON THE CAPITAL MARKET: Comparative Study between Indonesian and U.S. Capital Market Sembiring, Theo Pangarapenta; Sinaulan, Dr. Ramlani Lina
YURIS: Journal of Court and Justice Vol. 3 Issue 3 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i3.582

Abstract

Transparency of information in stock trading is concerned with all information about the business affairs of a company that is going to become more popular, which is owned by the company to the wider community. The efforts that can be conducted to realize the principle of information disclosure in the capital market are public companies must provide the correct prospectus, which is written information related to the public offering. Infringements of this principle can lead to abnormalities in the capital market, one of which is insider trading practices where insiders or corporate insiders conduct securities transactions by using exclusive information and the information is unavailable to the public or investors. In addition, this practice is also an unfair trading practice due to the inside trader’s superior position (in information ownership) compared to other investors. This research uses normative juridical research methods that focuses on studies related to the implementation or application of rules or norms contained in positive law. There are several approaches commonly used in legal research such as statute approach, case approach, comparative approach. Data collection in this research will be conducted by library research on secondary data. This research will use a qualitative normative analysis method. The research indicated that controlling insider trading is quite difficult because it is impossible to know when it began, the number of transactions, and the amount of losses. Legal protection against insider trading can be preventive or repressive. Preventive protection aims to prevent violations through legislation, while repressive protection provides sanctions such as fines or additional penalties after a violation occurs. Law enforcement in capital market activities consists of administrative sanctions, criminal sanctions, and civil compensation claims.
CORPORATE ORGANS’ ACCOUNTABILITY IN CASE OF SOLE PROPRIETORSHIP BANKRUPTCY Widyaningrum, Cokorda Istri Sri Dharma; Bagiastra, I Nyoman
YURIS: Journal of Court and Justice Vol. 3 Issue 3 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i3.584

Abstract

Job creation provides ease of doing business for the public, especially MSMEs, by allowing them the opportunity to start their own company, which can be founded by one person or can be called as a sole proprietorship. The allowance of forming a limited liability company by one person for MSME business actors has caused legal uncertainty whether its Shareholder General Assembly, Board of Directors, and Board of Commissioners can be appointed by one person, since the Job Creation Law has not amended the provisions of Article 1 point 2 of Law No. 40/2007 on Limited Liability Companies which stipulates that the company’s organs must include the General Meeting of Shareholders, Board of Directors, and Board of Commissioners. This research used normative legal research methods combined with statutory and conceptual approaches. Based on the provisions of Article 7 Paragraphs (1) and (2) of Government Regulation No. 8/2021 concerning that a sole proprietorship company is set up with a deed of establishment equipped with identification of the founders or directors and shareholders of the sole proprietorship company, the company’s organ position in a sole proprietorship company only consists of directors and shareholders, excluding commissioners. Liability when bankruptcy occurs due to negligence or fault of the management can be held personally liable, while shareholders can only be liable to their extent due to the shares they own in the sole proprietorship.
LEGAL STATUS OF AUTHENTIC DEED CONFIDENTIALITY DRAFTED BEFORE NOTARY WITH SWORN TRANSLATORS Cahyadi, Gede Dwiki; Sukandia, I Nyoman; Renaya, Nengah
YURIS: Journal of Court and Justice Vol. 3 Issue 3 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj/v3i3/601

Abstract

In Indonesia, authentic legal deeds must be written in Bahasa Indonesia as required by law. Notaries are responsible for maintaining the confidentiality of these documents according to the Notary Position Act and the Code of Ethics. When parties involved are not proficient in Bahasa Indonesia, a sworn translator is required to ensure the deed's authenticity and validity. The notary must oversee the accurate translation or explanation of the deed's contents, especially if they are unfamiliar with the language in which the deed is written. This research aims to examine and analyze the vagueness of legal norms regarding whether the confidentiality status of authentic deeds is still classified as confidential in the presence of a sworn translator in the deed drafting according to the Notary Position Act as well as the responsibilities of sworn translators regarding their participation for the sake of constitutional law. This research applies normative and literature review method with statutory and legal concept approach. The research findings indicate that the confidentiality of an authentic deed prepared by a notary with the assistance of a sworn translator is legally protected. Both the notary and the translator are bound by law to maintain the deed's confidentiality, with specific legal provisions requiring them to adhere to their professional ethics. Sworn translators are responsible for ensuring accurate translations and may face civil or criminal liability for breaches of confidentiality or inaccuracies in their work. This includes potential penalties under the Civil Code and Criminal Code for unlawful acts or false testimony.
GRANTING THE RIGHT OF USE ON FREEHOLD LAND TO FOREIGN CITIZENS IN BADUNG REGENCY Sumiati, Ni Kadek; Suwitra, I Made; Renaya, Nengah
YURIS: Journal of Court and Justice Vol. 3 Issue 3 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj/v3i3.603

Abstract

As a solution to address the interest of foreign citizens to own houses and land in Indonesia, the Government regulates this in Article 41 and Article 42 of Law No. 5/1960 (UUPA) as well as Government Regulation No. 18/2021 on Management Rights, Land Rights, Flat Units, and Land Registration. However, obtaining such rights requires time, significant costs, and the fulfillment of certain conditions. Often, foreigners are reluctant to engage in complicated and time-consuming processes, preferring the easy, cheap and fast way. In addition, there is a practice of land tenure by foreigners which in reality is considered a form of legal smuggling. Hence, this research aims to identify and analyze the granting of right of use on freehold land to foreign citizens in Badung Regency, as well as to identify and analyze the effectiveness of laws and regulations in granting right of use on freehold land to foreign citizens in Badung Regency. This research is juridical empirical, with primary data obtained through direct interviews with respondents and informants in the field, while secondary data is obtained through library research on primary, secondary, and tertiary legal materials. The research findings revealed that the implementation of the provisions on the granting of the right of use on freehold land for foreign citizens in Badung Regency has been effective, as the data suggest that foreign citizens in Badung Regency have obtained land rights in accordance with the provisions of the law.
POLICY CONSIDERATIONS IN PROVIDING PERFORMANCE ALLOWANCES FOR THE PROCESS OF EXAMINING DISCIPLINARY VIOLATIONS FOR STRUCTURAL OFFICIALS WITHIN THE MINISTRY OF LAW AND HUMAN RIGHTS IN VIEW OF DISTRIBUTIVE JUSTICE Iswanti, Anis; Karim, Dr.
YURIS: Journal of Court and Justice Vol. 3 Issue 3 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj/v3i3.632

Abstract

Performance allowances are one of the incentives often used in public administration to encourage employee performance. However, in the context of examining disciplinary violations against structural officials, careful policy considerations are necessary in order not only to focus on punishment, but also to encourage behavioral improvement. This research adopts the normative juridical method, which refers to regulations on Civil Servant discipline and provisions regarding the provision of performance allowances within the Ministry of Law and Human Rights, as well as other supporting regulations. This analysis aims to examine the considerations of direct superiors in granting performance allowances and the underlying distributive justice mechanism. The research highlights the critical role of direct supervisors in deciding performance allowances for structural officials involved in disciplinary violations. Key considerations include the severity of the violation, corrective actions taken, and the impact on the organization. Decisions should be evidence-based, fair, and aligned with effective personnel management principles, maintaining distributive justice to avoid discrimination or favoritism. Performance allowances should be granted based on objective criteria, such as actual performance and contributions to the organization, to uphold employee trust and morale. Transparent and measurable policies, along with clear communication between supervisors and officials, are essential for fair and sustainable management of performance allowances in the context of disciplinary reviews.
ANALYSIS OF THE SOCIAL FUNCTION OF LAND RIGHTS FOR PUBLIC INTEREST Safitri, Adelia; Sugiharto, Dr.
YURIS: Journal of Court and Justice Vol. 3 Issue 3 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i3.634

Abstract

This research examines the evolution of land rights in Indonesia, focusing on their social function. Drawing on von Savigny's perspective, which emphasizes the influence of family, nation, and state on law and culture, this research  explores how these factors have shaped Indonesian land rights, blending customary and European legal traditions. This research aims to analyze the shift in land rights following the enactment of the Basic Agrarian Law (UUPA) in 1960, which transformed land control from communal and religious systems to state regulation for the benefit of the people. The UUPA establishes that all land rights carry a social function, requiring their use to align with public interest and community welfare. Using a normative juridical approach, this research reviews key legal frameworks, including Law No. 5 of 1960 and Law No. 2 of 2012. The research findings reveal that the state plays a central role in ensuring the social function of land, particularly through policies that balance individual rights with public benefit, aligning with utilitarian ideals. This research concludes that while land rights are guaranteed under Indonesian agrarian law, their social function is prioritized, ensuring land use serves public interest and promotes equitable development.

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