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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. 3 Issue 4 (2024)" : 6 Documents clear
THE AUTHORITY OF THE BALI PROVINCIAL GOVERNMENT IN LAW ENFORCEMENT AGAINST FOREIGN TOURIST GUIDES WITHOUT LICENSES Rama, I Wayan Agus; Astara, I Wayan Wesna; Sepud, I Made
YURIS: Journal of Court and Justice Vol. 3 Issue 4 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj/v3i4.629

Abstract

Tourism in Indonesia is experiencing rapid development, bringing both positive and negative impacts. However, with the rapid growth of tourism in Bali, the problem of unlicensed tour guides, or illegal guides, has emerged, which is detrimental to the quality of service and image of tourism. This research aims to analyze the local government's supervisory function towards illegal tour guides and examine the enforcement of legal sanctions against foreign tour guides based on relevant regulations. The researchers intend to further explore legal issues related to the authority of the Bali Provincial Government in enforcing the law against foreign tours without a license, focusing on the synchronization of rules between national and regional regulations to create better legal certainty. The results of this research show that the local governments in the Balinese province have the authority to enforce the law, and the local authorities in the province have a responsibility to ensure the integrity of the tourism sector. The research results also show that there is a need to improve the capacity of law enforcers in order to ensure optimal law enforcement, protect the tourism industry, and support the sustainable development of Bali tourism.
AN IMPLEMENTATION OF CHILD CUSTODY DECISION AFTER DIVORCE: A STUDY IN MONDOLUKU VILLAGE, WRINGINANOM, GRESIK Suhessyani, Anggrita Esthi; Permanasari, Lolita; Munawaroh, Siti; Saraswati, Arya Made Sridevi
YURIS: Journal of Court and Justice Vol. 3 Issue 4 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i4.641

Abstract

Marriage is an internal bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family. However, domestic harmony requires sustained effort and mental and material preparations. When conflicts in marriage are not resolved, divorce is often an option. This research aims to understand the practice of implementing decisions related to child custody after divorce in Mondoluku Village, Wringinanom, Gresik. The method used is qualitative with data collection techniques through interviews, observations, and document studies. The results showed that many divorced couples do not implement court decisions related to child custody, which has a negative impact on children’s welfare. The obstacles involved a lack of understanding of the law and economic constraints. Efforts from relevant parties, such as community leaders and local government agencies, in providing legal education and mediation have been implemented, but their effectiveness still needs to be improved. Therefore, this research is able to offer a comprehensive overview of child custody protection after divorce, which requires better coordination and increased resources to ensure children’s welfare. The research highlights that determining child custody involves various administrative and procedural steps, requiring cooperation among families, courts, and social institutions to prioritize the child’s best interests. It also points out challenges such as inadequate public understanding of custody, limited resources, and the psychological effects on children, which impact the effectiveness of custody implementation after divorce.
LAW ENFORCEMENT AGAINST POLICE OFFICERS INVOLVED IN DRUG ABUSE BASED ON JUSTICE VALUES Budiarsih, Budiarsih; Sushanty, Vera Rimbawani
YURIS: Journal of Court and Justice Vol. 3 Issue 4 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i4.662

Abstract

Drug abuse in Indonesia is a serious problem that not only involves the general public, but also law enforcement officials, including the police. This study aims to find out the punishment in deciding cases of criminal acts of narcotics abuse by members of the Police and what are the obstacles faced in the investigation process against members of the National Police who commit crimes of narcotics abuse. This research includes normative juridical research with descriptive research type. Sources of data in this study using library research, field as well as secondary data and primary data. Data analysis uses qualitative. Based on the results of the discussion, it can be concluded that the process of law enforcement against members of the police who are ensnared in cases of criminal acts of drug abuse is in accordance with the applicable laws and regulations, where in the enforcement process both are carried out at the police level (investigation and investigation stages), at the prosecutor's level (the prosecution stage) up to the judicial level (judge's decision), the whole is the same as if the general public committed the crime of narcotics abuse. The legal process against the police is in accordance with Article 29 Paragraph (1) of Law No. 2/2002 concerning the Indonesian National Police. The process of enforcing the police professional code of ethics for members of the police who are caught in criminal cases of narcotics abuse has not been carried out to the fullest extent possible where the police do not directly take firm action against members who are caught in criminal cases of narcotics abuse, as if the police are still protecting their members and it is considered that after their members have been tried in court general court and found guilty of committing a narcotic crime.
ENFORCEMENT OF LAWS AGAINST THE SALE OF PHISHING LINKS FOR THE PURPOSE OF PERSONAL DATA THEFT BASED ON THE ITE LAW Irawati, Hollanda Putri; Kunarso
YURIS: Journal of Court and Justice Vol. 3 Issue 4 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i4.802

Abstract

The rapid growth of cybercrime poses significant threats to personal data security, with phishing emerging as one of the most common methods. Phishing involves tricking individuals into revealing confidential information, and a concerning development is the creation and sale of phishing links to facilitate personal data theft. This situation raises legal questions regarding the sufficiency of current regulations to address such acts. This study aims to examine the legal framework governing the buying and selling of phishing links and to assess law enforcement efforts in handling these activities. The research applies a normative juridical method, combining statutory and conceptual approaches, and relies on the analysis of legislation and relevant legal literature. The study finds that phishing link sellers may be prosecuted under Article 34 paragraph (1) letter a in conjunction with Article 50, as well as Article 35 in conjunction with Article 51 paragraph (1) of the ITE Law. Phishing link buyers can be charged under Article 28 paragraph (1) in conjunction with Article 45A paragraph (1) of the ITE Law and Article 65 paragraph (1) in conjunction with Article 67 paragraph (1) of the Personal Data Protection Law. Nonetheless, these provisions remain insufficient, as they do not explicitly regulate the sale of phishing links and leave room for multiple interpretations. Law enforcement involves preventive actions through public and institutional collaboration and repressive measures through the imposition of criminal penalties.
THE CIVIL LAW PERSPECTIVE ON LEGAL CONSEQUENCES OF SAFEGUARDING CONSUMER PERSONAL DATA IN INDONESIAN E-COMMERCE ACTIVITIES Purnomo, Mahendra Bisma Wisdha Wardana; Rijadi, Prof. Dr. Prasetijo
YURIS: Journal of Court and Justice Vol. 3 Issue 4 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i4.803

Abstract

The rapid evolution of digital technologies in the early decades of the 2000s has significantly transformed commerce, with e-commerce emerging as a dominant platform for transactions in Indonesia. This digital shift, while enhancing efficiency and accessibility, has raised critical legal and ethical concerns surrounding the safeguarding of consumers' personal information. In response, the Indonesian state has enacted several normative instruments, such as Law No. 11 of 2008 concerning Electronic Information and Transactions, Government Regulation No. 80 of 2019, Ministerial Regulation No. 20 of 2016, Government Regulation No. 71 of 2019, and Law No. 27 of 2022 concerning the Protection of Personal Data. This research aims to analyze the legal structure that regulates the safeguarding of personal data within Indonesian e-commerce, employing a normative juridical approach, which analyzes statutory provisions and legal theories without relying on empirical data. The study finds that while Indonesia has made notable progress in establishing regulations, challenges persist in enforcement, supervision, and public awareness. Weak implementation and limited legal remedies leave consumers susceptible to unauthorized access and exploitation of personal information. Therefore, there is a need for a harmonized, implementable, and accountable legal regime to guarantee comprehensive protection of personal data within the context of the digital economy. Strengthening institutional capacity, improving legal certainty, and ensuring accessible mechanisms for dispute resolution are essential steps toward building consumer trust and promoting accountability among digital platform providers. This study concludes that a robust legal system is critical for securing consumer rights and advancing ethical practices in Indonesia’s rapidly expanding e-commerce sector.
SETTLEMENT OF BREACH OF CONTRACT IN CREDIT AGREEMENTS WITH THIRD-PARTY VEHICLE COLLATERAL (BORGTOCHT VEHICLE) AT BPR SURASARI HUTAMA Setya, Ferri; Moersidin, Murry Darmoko
YURIS: Journal of Court and Justice Vol. 3 Issue 4 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i4.807

Abstract

This study examines the role of Rural Banks (BPR), particularly BPR Surasari Hutama, in managing non-performing loans secured by vehicle guarantees through non-litigation mechanisms. As financial institutions, BPRs are mandated to collect savings and distribute credit within the community, with each credit agreement (Akad Kredit) legally binding both parties through a written contract that includes a principal loan agreement and collateral provision. Employing a sociological-empirical research method, this study explores how legal norms are implemented in practice, especially in cases of credit default. BPR Surasari Hutama addresses such defaults primarily through familial mediation, emphasizing the protection of creditor and debtor rights outside formal judicial proceedings. This mediation process typically results in a written commitment from the debtor, which serves as the legal basis for the repossession of the collateral vehicle. The final step involves the debtor signing a Vehicle Handover Letter (SP3), authorizing the creditor to reclaim and sell the asset through mutual agreement. The findings indicate that this mediation-based approach, grounded in effective communication, enables efficient, court-free resolution of credit disputes. This model not only facilitates the enforcement of collateral agreements but also reinforces the importance of relational trust and cooperative negotiation in financial dispute settlement at the rural banking level.

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