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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 5 Documents
 1 
Search results for , issue "Vol. 4 Issue 1 (2025)" : 5 Documents clear
CRIMINAL LIABILITY OF ILLEGAL CIGARETTE SMUGGLERS IN PEMATANGSIANTAR: Study of Decision No. 213/Pid.B/2023/PN Pms Simbolon, Krisna Uli; Sihotang, Lesson; Gultom, Meli
YURIS: Journal of Court and Justice Vol. 4 Issue 1 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i1.690

Abstract

Illegal cigarette smuggling is an illegal act that results in a loss of state revenue and creates unfair economic competition. Therefore, to prevent this practice, the government has imposed an excise policy. However, in reality, this effort has not been able to fully suppress the smuggling of illegal cigarettes. This is proven by the prevalence of smuggling cases, even though the perpetrators have been subject to criminal sanctions. This research examines two main problems on how the juridical review of the sanctions implementation related to the purpose of punishment for perpetrators of the illegal cigarette smuggling crime in Decision No. 213/Pid.B/2023/PN Pms, and the judge's strategy in imposing a decision in order to create legal certainty and justice. This is a normative legal research where the results indicate that the implementation of criminal sanctions of a one year and six months prison sentence for the illegal cigarette smugglers in the case is still relatively light and has not provided a deterrent effect, both for the perpetrators and the wider community. Therefore, it is necessary to impose heavier criminal sanctions as a form of legal liability for the perpetrators. In addition, judges in making decisions must consider juridical and non-juridical aspects. It does not only focus on juridical aspects, but also needs to consider non-juridical factors in order to prevent errors and manipulation in the examination of cases and the implementation of sanctions against defendants.
CRIMINAL LIABILITY OF ONLINE GAMBLERS ON THE INVINCIBLE ELEPHANT PLATFORM: Study of Decision No. 1681/Pid.Sus/2024/PN MDN Simamora, Afric; Manullang, Herlina; Sihotang, Lesson
YURIS: Journal of Court and Justice Vol. 4 Issue 1 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i1.704

Abstract

Gambling, traditionally viewed as a crime, has evolved with the internet, leading to significant social issues, including addiction and financial distress among participants. This research addresses the growing concern of online gambling, particularly on the Invincible Elephant platform, which has become increasingly accessible due to technological advancements. This research focuses on the legal implications and criminal liability of individuals engaging in online gambling activities, as highlighted in Decision No. 1681/Pid.Sus/2024/PN MDN. The rise in online gambling has raised questions on the adequacy of existing laws and the effectiveness of enforcement measures against such activities. This research aims to analyze the criminal liability of online gamblers on the Invincible Elephant platform and to understand the judicial considerations in imposing sanctions on these individuals based on the aforementioned legal decision. This research employs a normative legal methodology, utilizing secondary data that includes primary legal materials, such as the relevant decision and laws, as well as secondary sources like books and journals related to online gambling. The analysis is descriptive, aiming to provide a clear depiction of the issues surrounding online gambling crimes. Findings indicate that online gambling not only poses a risk to individual players, but also contributes to broader societal problems, including increased crime rates and social disruption. It is revealed that the legal framework surrounding online gambling is still evolving, necessitating further regulatory measures to address the challenges posed by this modern form of gambling.
LEGAL PROTECTION REGARDING PT SHOPEE INTERNATIONAL INDONESIA SELLERS IN CASH ON DELIVERY (COD) ONLINE TRANSACTIONS Prabowo, Mafira Bimo Giri; Darmoko, Murry
YURIS: Journal of Court and Justice Vol. 4 Issue 1 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i1.758

Abstract

COD is a popular payment method in our society nowadays. However, this payment method may present additional risks for sellers, particularly related to the uncertainty of receiving payment and goods. This study aims to analyze legal protection for sellers in online transactions using the Cash on Delivery (COD) payment method at PT Shopee International Indonesia. The research employs a normative approach by examining relevant regulations, including the Consumer Protection Law and Shopee’s policies. The findings indicate that legal protection for sellers in the COD method is still suboptimal. A major challenge is the unclear responsibility between the platform, courier, and buyer. Additionally, there is a risk of loss for sellers when buyers refuse to accept goods or return them without valid reasons. Although Shopee provides some protective measures, such as complaint services and guarantees, the implementation and oversight of these protections need to be strengthened to minimize seller losses. This study recommends the need for clearer regulatory enforcement and closer cooperation among e-commerce platforms, the government, and sellers to ensure adequate legal protection for sellers in COD transactions.
THE JURIDICAL REVIEW OF PROPERTY STATUS OVER THE ASSETS OF AN INDIVIDUAL CORPORATION UNDER POSITIVE LAW AND ITS’ IMPACT ON THE INDONESIAN ECONOMY Kusumadjaja, Brilianto Putra; Ngaisah, Siti
YURIS: Journal of Court and Justice Vol. 4 Issue 1 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i1.761

Abstract

The Indonesian government has been actively facilitating business operations for both domestic and foreign entrepreneurs, as evidenced by the enactment of Law No. 6/2023, which amends the previous Job Creation Law (Law No. 2/2022) to enhance the business environment in Indonesia. Despite the positive intentions behind the Job Creation Law, there exists a vagueness in the norms regarding property rights for individual companies. This uncertainty has led to confusion among business actors and government officials, particularly concerning the issuance of land rights certificates. The primary aim of this research is to analyze and compare the impact of individual companies, as introduced by the Job Creation Law, on Indonesia's economy. The study seeks to clarify the legal position of property rights over individual company assets and their implications for the national economy. This research employs a normative juridical legal research methodology, utilizing a statutory approach and a conceptual approach. The authors examine relevant laws, regulations, literature, and articles to understand the legal framework surrounding property rights and their economic impact. The findings indicate that individual companies, as part of the Job Creation Law, have a positive influence on Indonesia's national economy. The contribution of micro and small enterprises (MSEs) to the Gross Domestic Product (GDP) has been significant, with their share increasing over the years, demonstrating their vital role in economic stability and growth.
LEGAL PROTECTION OF OUTSOURCED WORKERS UNDER LAW NO. 6/2023: A PT. SSBI SIDOARJO CASE Sofianti, Elsa; Razak, Muhammad Abdul
YURIS: Journal of Court and Justice Vol. 4 Issue 1 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i1.796

Abstract

Many companies in Indonesia have now implemented the outsourcing system with the aim of reducing labor costs. Regarding the implementation of this outsourcing system, it is actually regulated in the Job Creation Law Number 6 of 2023. With the ratification of the job creation law, it is hoped that companies can fulfill their obligations by providing legal protection to workers according to their rights. The aim of this research is to find out an exact picture of the legal protection of outsourced workers relating to fixed-term work agreements in accordance with the Job Creation Law Number 6 of 2023, especially Article 66 which is currently in effect. This research also aims to determine the influence of the Job Creation Law Number 6 of 2023 on outsourcing workers in the case study PT. SSBI Sidoarjo. This research uses empirical research by describing the main problems that exist in society based on the results of case studies in the field and secondary data as support.  Based on the results of this research, the obligations of PT. SSBI Sidoarjo to provide legal protection to its outsourced workers, especially regarding Article 66 concerning employment relations related to certain term work agreements, is in accordance with the Job Creation Law Number 6 of 2023 which is currently in effect, the rights obtained by outsourced workers at PT. SSBI Sidoarjo is related to legal protection, namely: the right to wages, the right to work safety, the right to health, and the right to leave, so this has impact on the welfare of outsourced workers at PT. SSBI Sidoarjo.

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