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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. 4 Issue 2 (2025)" : 5 Documents clear
THE LEGAL PROTECTION OF MINORITY SHAREHOLDERS AGAINST COMPANY CONSOLIDATION IN THE PERSPECTIVE OF THE LIMITED LIABILITY COMPANY LAW Novanda, Ni Putu Rosita; Mahendrawati, Ni Luh Made; Styawati, Ni Komang Arini
YURIS: Journal of Court and Justice Vol. 4 Issue 2 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i2.762

Abstract

Company consolidation is one of the legal actions that can significantly impact shareholders, predominantly minority shareholders. Law No. 40/2007 on Limited Liability Companies (UUPT) stipulates that in the consolidation process, the rights of minority shareholders must still be considered, including the right to request the purchase of their shares at a fair price if they disagree with the decision of the General Meeting of Shareholders (GMS). However, in practice, implementing legal protection for minority shareholders still faces various challenges, especially regarding legal certainty and the mechanism for exercising their rights. This research aims to provide a comprehensive understanding of the legal landscape surrounding minority shareholders in the context of company consolidations, highlighting both existing protections and areas needing reform. This research uses normative legal research methods with statutory and conceptual approaches. The results show that although Article 62 of the UUPT gives minority shareholders the right to sell their shares to the company in certain situations, the absence of clear sanctions for companies that fail to carry out this obligation causes legal uncertainty. Therefore, a firmer legal reconstruction is necessary, including providing administrative sanctions and compensation for companies that do not fulfil their obligations. In addition, dispute resolution mechanisms can be implemented through litigation and non-litigation channels, such as mediation and arbitration, to provide more effective protection for minority shareholders.
THE EFFECTIVENESS OF ALCOHOLIC BEVERAGE DISTRIBUTION CONTROL THROUGH BULELENG REGENCY REGULATION NO. 9 OF 2016 Premasanti, Nyoman Asri; Mahendrawati, Ni Luh Made; Styawati, Ni Komang Arini
YURIS: Journal of Court and Justice Vol. 4 Issue 2 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i2.771

Abstract

The circulation and sale of alcoholic beverages in Buleleng Regency remain prone to violations, particularly regarding business licensing and permitted trading locations. Despite existing regulations, supervision is often ineffective, allowing unauthorized sales and non-compliant business operations. Challenges in enforcement contribute to ongoing violations. This study aims to evaluate the effectiveness of supervision over the circulation and sale of alcoholic beverages in Buleleng Regency and identify key obstacles hindering proper enforcement. This research uses an empirical legal method to examine the gap between law and social reality through juridical and sociological approaches, supported by qualitative analysis of observations, interviews, and documentation linked to legal theories and regulations. The supervision of alcoholic beverage sales in Buleleng Regency is carried out through guidance, field inspections, and enforcement by an Integrated Team of various technical agencies. However, this supervision has not been fully effective, as the goals outlined in the regulations have not been achieved. Many businesses still operate without licenses and violate location restrictions. Several factors hinder effective implementation, including weak enforcement, overlapping responsibilities among agencies, low legal awareness among business owners, and limited public understanding of the health and social impacts of alcohol consumption.
COMPARATIVE STUDY OF THE CRIMINAL REGULATION OF HOMOSEXUAL ACTS IN INDONESIAN AND MALAYSIAN LAW Tsabitha, Calista Marsha; Rosmaya, Ina
YURIS: Journal of Court and Justice Vol. 4 Issue 2 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i2.793

Abstract

Homosexuality is often debated in the world community. Many countries are against homosexuals. However, some are also in favor of these social deviations. Indonesian society considers homosexuality deviant and violates religious rules. Likewise in Malaysia, which has a background of not legalizing same-sex marriage and instead criminalizing it. This research aims to compare the legal regulation of homosexuality in the perspective of Indonesian criminal law and Malaysian criminal law. As well as to find out matters related to the regulation of homosexual criminal law in Indonesia and Malaysia. The method used in this research is normative research, namely by using various secondary data including laws, court decisions and legal theories. This research found various differences and similarities in regulating homosexuals from the perspective of the legal regulations of the two countries. Indonesia has legal rules for homosexual offenders who intentionally commit same- sex sexual abuse by minors in Article 292 of the Criminal Code. In particular, homosexual acts have no binding legal rules and are still a legal vacuum. Whereas Malaysia considers homosexuality a sexual deviation that needs to be strictly punished according to the state 377AB Kanun Keseksaan or Malaysia Code Penal and Sharia law. In terms of legal sanctions, Indonesia has similarities, namely imprisonment, fines, and whipping. Whipping for all Muslims in Malaysia who commit homosexual crimes. Meanwhile, flogging in Indonesia is specifically stipulated in the Aceh region which violates the rules, one of which is homosexuality or liwath.
A COMPARATIVE CRIMINAL LAW ANALYSIS OF SEXUAL VIOLENCE WITHIN DOMESTIC CONTEXTS: PERSPECTIVES FROM INDONESIA AND MALAYSIA Purnamasari, Rycha Widy; Widoyoko, Wredha Danang
YURIS: Journal of Court and Justice Vol. 4 Issue 2 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i2.795

Abstract

This research addresses domestic sexual violence as a hidden crime where victims choose not to report due to family disgrace concerns, causing high dark numbers. The study employs a normative legal research methodology, utilizing various legal materials including laws, court decisions, and legal theories through comparative and statutory approaches to analyze Indonesian and Malaysian criminal law frameworks. The research reveals that Malaysian law classifies sanctions for domestic sexual violence suspects based on victim categorization, whereas Indonesian law lacks such classification systems for sanctions against suspects based on their victims. However, Indonesia explicitly regulates who is protected by law and applies much more severe sanctions against domestic sexual violence perpetrators compared to Malaysian criminal law. The findings demonstrate that based on joint punishment theory, sanctions applied to domestic sexual violence perpetrators must serve dual purposes as deterrent and deterrence effects, intended to prevent perpetrators and potential offenders from repeating such crimes. This comparative analysis contributes novel insights into the differential approaches between Indonesian and Malaysian legal systems in addressing domestic sexual violence, highlighting Indonesia's more comprehensive punitive framework while identifying Malaysia's victim-based classification system as a distinctive feature in determining appropriate sanctions for domestic sexual violence cases.
EXPLOITATION OF THE ELDERLY IN THE PHENOMENON OF ‘CYBER BEGGING’ ON TIKTOK: A VICTIMOLOGICAL PERSPECTIVE Amalia, Bunga Rizky; Nuroini, Indi
YURIS: Journal of Court and Justice Vol. 4 Issue 2 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i2.806

Abstract

The emergence of cyber begging on digital platforms such as TikTok has raised serious legal and ethical concerns, particularly when involving vulnerable populations like the elderly. This study examines the phenomenon of elderly individuals participating in live-stream content on TikTok, where they are often depicted in humiliating or infantilizing situations in exchange for virtual gifts. Using a normative legal research method, this paper analyzes whether such practices can be categorized as criminal exploitation under Indonesian law, particularly Law No. 21 of 2007 on the Eradication of Human Trafficking and related statutory instruments. The study adopts a victimological perspective to argue that apparent consent does not negate victimhood when participation is shaped by structural conditions such as poverty, digital illiteracy, or dependency. Furthermore, the principle of legal certainty is employed to highlight the inadequacy of current legal frameworks in addressing emerging forms of digital exploitation. The findings suggest that while cyber begging may appear voluntary, it often reflects deeper patterns of coercion and asymmetrical benefit, warranting clearer legal recognition and protective policies. This research contributes to the discourse on elder justice, digital labor ethics, and the evolution of criminal law in the digital age.

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