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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 94 Documents
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AN INDONESIA-FRANCE COMPARISON: THE DESIGN MECHANISM FOR LEGISLATION ESTABLISHMENT AND LEGISLATION REGULATION EVALUATION Arlinandes Chandra, Jeffri; Wahanisa, Rofi; Kosasih, Ade; Bararah Barid, Vera
YURIS: Journal of Court and Justice Vol. 1 Issue 2 (2022)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (214.015 KB) | DOI: 10.56943/jcj.v1i2.132

Abstract

The good laws and regulations are in harmony with other laws and regulations. The disharmony of a statutory regulation with other regulations, both at the same level and at different levels, will cause a complex problem. As a result, these regulations can be canceled due to things that are contrary to constitution, laws and other regulations. This research is a qualitative research. The research method used is a combination of normative research supported by empirical field research data, namely research that uses information from research targets or subjects who are usually called informants or respondents through data collection instruments such as interviews and then combines it with data from library materials, especially those related to legal issues. Indonesia based on Law No. 12 of 2011 in conjunction with Law 15 of 2019 has determined a review system and monitoring in law formation, but the best practice from French regarding legislation reviews by independent institutions, called constitutional council and evaluation methods that implement by Australian with the sunset regulation and rescheduling culled methods provides a new perspective on the formation and evaluation in Indonesia, there will be consequences in adopting it either partially or completely that will be discussed in further research.
THE COPYRIGHT INFRINGEMENT IN USING FAMOUS ARTISTS NAMES AS FAN-FICTION NOVELS' CHARACTERS: A Juridical Analysis Based on Law No. 28/2014 Regarding of Copyrights Nurani, Juli; Sari, Nuraini Kartika
YURIS: Journal of Court and Justice Vol. 1 Issue 3 (2022)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (223.238 KB) | DOI: 10.56943/jcj.v1i3.137

Abstract

Fan-fiction novel is one of the copyrighted works that already exist and are widely distributed on the internet. Generally, it is written by some fans in conveying their ideas and imagination about their idols and their ideas in the form of written works. There are many fan-fiction novels that have been commercialized or sold freely and massively in bookstores and certain application platforms throughout Indonesia. This brought some problems, one of those problems is using the artist's name as a character in its fan-fiction novel, which in its use, neither the author nor the publisher asked for permission to use their artist’ names. However such actions committed by authors and publishers is a deprivation of economic and moral rights from an artist as an entertainer in Law No.28/2014 concerning Copyright. The form of protection that can be given to famous artists and related parties can be in the form of preventive and repressive legal actions in accordance with Law No.28/2014 concerning of Copyright.
PERSONAL DATA PROTECTION IN FALSIFICATION OF COVID-19 VACCINATION CERTIFICATES: A JURIDICAL VIEW Novita, Rissa Dwi; Abdul Razak, Muhammad
YURIS: Journal of Court and Justice Vol. 1 Issue 3 (2022)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (232.874 KB) | DOI: 10.56943/jcj.v1i3.145

Abstract

The obligation to show a Covid-19 vaccination card in a public place has its advantages and disadvantages. Some parties support it for the purpose of protecting the public interest, while others are questioning it because of the unequal vaccinations distribution in various regions. In addition, the need to show Covid-19 vaccination card to public through Peduli Lindungi application raises legal issues such as vulnerability to misuse of personal data and criminal activities. This research aims to know the legal regulation from government and ministry regarding the criminal case of misused personal data and falsificate Covid-19 vaccine certificates for their own profit. The research method used is normative method. The normative juridical research method is library law research which is conducted by examining library materials or secondary data. The research is used statutory approach that intended to understand and comprehensively analyze the hierarchy of laws, regulations and its principles. The civil law of government provisions regarding fake vaccine certificates circulation have been regulated, because there are many circulating fake vaccine certificates for Covid-19. The regulation also includes sanctions that will be given to perpetrators who falsify the Covid-19 vaccine certificates.
THE JURIDICAL ANALYSIS AGAINST DOCUMENT FALSIFICATION IN EXPORT ACTIVITIES OF THE DANGEROUS GOODS CATEGORY: A Case Study of Court Decision on Cassation No. 294 K/PID.SUS/2018 Napitupulu, Benyamin Steven; Sushanty, Vera Rimbawani
YURIS: Journal of Court and Justice Vol. 1 Issue 3 (2022)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (201.928 KB) | DOI: 10.56943/jcj.v1i3.146

Abstract

The objective of this research is to examine the causes of document falsification in export activities based on primary legal sources, that is Law No. 10/1995 Article 103 Letter A which has been amended by Law No. 17/2006 concerning of Customs. The scope of this research is self-assessment system that opens a gap in document falsification in customs export activities. The method used in this research is juridical-normative method which include law regulation or it commonly known as statute approach in the applicable export activities and it regulated as norms in Criminal Code which combined with alternative approach used case approach in accordance with the topic of this research, the crime of falsifying export documents under the customs law. Based on the result of this research, it concludes that the self-assessment system is useful to support the speed of the process in increasing the competitiveness of export commodities in Indonesia. Unfortunately, the self-assessment system does not provide a control function on the correctness of document contents, especially for export commodities of dangerous goods.
LEGAL PROTECTION FOR GRABFOOD DRIVERS AGAINST FICTITIOUS ORDERS AS DEFAULT ACTIONS: A CIVIL LAW PERSPECTIVE Ngaisah, Siti; Setiawan, Andi
YURIS: Journal of Court and Justice Vol. 1 Issue 3 (2022)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (744.321 KB) | DOI: 10.56943/jcj.v1i3.149

Abstract

The business world in Indonesia is growing rapidly along with the technology development, especially for the business that uses technology as a medium. One example is Grab application which provides GrabFood feature where all activities are conducted online including the payment method. However, with the financing through cash, there is one consequence of GrabFood transaction resulting in fictitious order which can be described as an act of default. In this research, the authors discuss the legality of GrabFood online transactions in terms of positive law in Indonesia and the regulation of legal protection for Grabfood drivers against fictitious orders in civil law as a harmed party due to default. In this research, the authors use Juridical-Normative Research method that the legal materials obtained are sourced from secondary legal materials, statutory approach and case approach. This research is using a descriptive analytical specification in answering the research problem. Based on the research result, PT. Grab Indonesia does not have repressive legal protection against the occurrence of fictitious orders which can be used as an action to provide legal protection to drivers who receive fictitious orders, and provide full compensation to Grab drivers who receive fictitious orders.
PRIORITY RIGHTS IN THE PROCESS OF CONVERTING EIGENDOM VERPONDING LAND INTO PROPERTY RIGHTS: A JURIDICAL ANALYSIS: Case Study of Decision Number: 337/Pdt.P/2013/Pn.Jr Firmansyah, Rendy; Permanasari, Lolita
YURIS: Journal of Court and Justice Vol. 1 Issue 3 (2022)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (200.77 KB) | DOI: 10.56943/jcj.v1i3.150

Abstract

The land ownership by an individual or a group have right to freely use it. According to the philosophy of customary law, rights are the authority, power and ability of people to act on objects. There are many cases of ex-western land rights that have not been converted after 20 years of the UUPA has been in force. For instance, a case that occurred is the ex-western land of Eigendom Verponding number 3529 in Jember district. The judge has tried to determine. The main problem of this study is the way to recognize and prioritize priority rights in the process of converting Eigendom land into property rights. Juridical analysis used to examine the priority rights in the process of converting Eigendom Verponding land into property rights (case study of case determination no. 337/pdt.p/2013/pn.jr). This problem was studied using a normative method, with a case approach and legislation. The conclusion of this study is that priority rights are used in solving land problems to obtain land rights, determine ownership rights, obtain compensation due to the abolition or cessation of land use and utilization rights, and determine the subject of rights who have the right to manage the land properly.
THE REGULATION POLICIES ON LEGAL AID NORMS FOR INDONESIAN NATIONAL POLICE AND THEIR FAMILY Sugiharto, Sugiharto
YURIS: Journal of Court and Justice Vol. 1 Issue 3 (2022)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (233.776 KB) | DOI: 10.56943/jcj.v1i3.167

Abstract

The legal aid for Indonesian National Police and their family is not regulated in Indonesian Law No. 2/2002 concerning the Indonesian National Police, but only regulated in Indonesian Government Regulation No. 3/2003 concerning the implementation of technical institutional general courts for Indonesian National Police, Indonesian Government Regulation No. 42/2010 concerning the rights of Indonesian National Police and Indonesian Police Chief Regulation No. 2/2017 concerning the procedures for providing legal aid by Indonesian National Police. This research aims to examine the policies on legal aid norms for Indonesian National Police and their family in the future. The method in this research is a normative juridical method or normative legal research. The sources of legal materials used are primary legal materials, such as legislation, official records in making laws and judges' decisions. In addition, secondary legal materials are in the form of publications on law include textbooks, legal dictionaries, legal journals, and comments on court decisions. The researcher also used tertiary legal materials, such as dictionaries, encyclopedias, lexicon and others. Based on the result of this research, it is requires to formulate legal aid norms for the members of Indonesian National Police and their families in the future by adding one Article 26 A in Indonesian Law No. 2/2002 concerning Indonesian National Police.
THE ENFORCEMENT OF WANPRESTASI ON DEBT RECOGNITION IN DEBT AGREEMENTS: A Case Study of District Court Decision No. 9/Pdt.G.S/2021/Pn.Srl Fitriana, Fairus Nur; Setiasih, Herma
YURIS: Journal of Court and Justice Vol. 1 Issue 4 (2022)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v1i4.206

Abstract

An agreement is a legal act regarding the property of two parties, in which one party promises to do something, while the other party has the right to demand its implementation. Thus, the relationship arises between the two parties during the agreement. In its form, the cooperation contract or agreement is a series of words in written form that contains promises of the ability to do something. This research is normative law. A normative research initiates by conducting a search on legal materials as a basis for making legal decisions on legal cases. The approach method used is a normative juridical approach. A normative juridical approach is used to provide a qualitative analysis by analyzing the theories, legal principles and law to discussed material. This research indicated that legal consequence of wanprestasi on debt acknowledgement letter in the debt-receivable agreement is a civil lawsuit or a claim for compensation. The efforts made by the creditor is very appropriate for the party who is harmed in debt agreement. According to law, legal remedies are through non-litigation and litigation. It can be concluded that although the agreement is not specifically regulated, the agreement that provides freedom of contract makes more convenient for public to make contracts outside the agreements contained in Book III of the Civil Code.
THE LAW ENFORCEMENT OF NARCOTICS CRIME: A Case Study of District Court Decision No. 936/PID.SUS/2021/PN.SDA Udin, M. Bachrul Ulum; Widoyoko, Wreda Danang
YURIS: Journal of Court and Justice Vol. 1 Issue 4 (2022)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v1i4.207

Abstract

This research contained the forms of criminal responsibility in the narcotics crime based on a case study of district court No. 936/PID.SUS/2021/PN.SDA and its aim to find out the judge's consideration against the criminal act of storing narcotics in class 1 for cannabis type. The research was conducted in Sidoarjo District Court by analyzing the judge who handled the case related to the narcotics crime and examining documents related to the existing case. There are two important things which described the problem solving of this case, these are (1) criminal responsibility in narcotics crimes fulfills the elements of criminal responsibility, such as being able to take responsibility, the existence of intentional mistakes and no leniency for the accused in order to held accountable; (2) the judge's legal considerations in deciding the decision on the criminal case No. 936/PID.SUS/2021/PN.SDA with the existence of valid evidence and the judge is sure of its evidence.
THE JUDGE CONSIDERATIONS IN MAKING DECISION AGAINST NARCOTICS IN CHILDREN Faridah, Idah; Kunarso, Kunarso
YURIS: Journal of Court and Justice Vol. 1 Issue 4 (2022)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v1i4.208

Abstract

The narcotics abuse in Indonesia is closely related to narcotics users who obtain it from illicit trafficking that caused by drug attacks in Indonesia that reached the point of endangering the nation life and security. The Indonesian Child Protection Commission (KPAI) noted that 5.9 million children from 87 million child population in Indonesia are became drug addicts. This research aims to find out how the application of criminal law to children as perpetrators of drug abuse and how the juridical analysis based on judge's considerations in making criminal decisions for children as perpetrators of narcotics crimes. This research uses normative legal research that confines itself to the study of the law as an object and excludes any non-legal information from discussed problem. This research shows that when a child commits a crime within the specified age limit, it is a legal obligation for law enforcement officials to conduct special procedural law for children, and it is prohibited to apply general procedural law. However, if a child commits a crime beyond their age limit, the law enforcement officials has an authority to implement the general procedural law.

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