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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 103 Documents
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LEGAL PROTECTION FOR HUMAN TRAFFICKING: A Case Study of Sidoarjo District Court Decision No. 889/PID.SUS/2018/PN.SDA Rahmawati, Shofi Nurul; Sumaryanto, Djoko
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.v1i4.209

Abstract

The objective of this research is to determine the regulation of the human trafficking crime and analyze of the human trafficking crime in Decision No. 889/PID.SUS/2018/PN.SDA. A criminal act or "strafbaar feit" is an act which regulated by law that is prohibited and punishable by crime. It means that this act can be an active act (doing something that is actually prohibited by law) or a passive act (not doing something that is actually required by law). The method used in this research is juridical normative method. Legal material source used in this research was library research. It conducted by reading, analyzing, studying, and identifying legal materials that are appropriate with the topic of this research, then implemented into this research. Legal material sources obtained from primary legal materials and secondary legal materials. Selecting appropriate legal materials aims to complete understanding of human trafficking crime. The legal material will be processed and analyzed quantitatively in order to explain the statement problems that are closely related to this research. The researchers can conclude that the act of a husband selling his wife to engage in deviant sex (threesome) still cannot be considered a criminal act of human trafficking. Based on the case described, before imposing sanctions, the judge must be more thorough and careful in implementing the law and pay attention to the conscience of the victim in order to realize the court as an institution that provides a sense of justice.
THE LEGALITY PRINCIPLE IN PROTECTING THE INTERESTS OF VICTIMS IN ARTICLE 1, PARAGRAPH (1) OF THE CRIMINAL CODE Sari, Clara Mega Kharisma; Sholehuddin, M.
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.v1i4.210

Abstract

The principle of legality is needed to prosecute acts that cause extraordinary harm to victims, which the action have not been or are not prohibited by criminal law. In Indonesia, the legality principle contained in Article 1 paragraph (1) already has a draft for amendments to the previous article. In the 2010 Draft Law, the Criminal Code Bill still maintains the existence of the principle of legality as a fundamental principle for the enforceability of criminal law. This research aims to find out the implementation of legality principle in protecting the victims and perpetrators’ interest along with the right justice for the criminals. This research is normative legal research that aimed at legal concepts, statutory regulations, and other legal materials. This research is conceptual and statutory approach through Criminal Code (WvS), Criminal Procedure Code, and the 1945 Constitution to understand the basic concept of legality contained in Criminal Code article on law enforcement and justice. In this research, it found that the existence of legality principle is very necessary to protect citizens’ rights from arbitrary government in their decision-making. It can be concluded that the meaning contained in legality principle is to provide a protection for perpetrators from arbitrary authorities as well as a limiting function for government to not make decisions injudiciously. This means that the legality principle only regulates the relationship between the perpetrator and government, while the relationship between victim and government is not regulated in it that resulted in no protection for victims.
NEGATIVE IMPLICATIONS OF CRIMINAL ACTION FOR FEMALE CHILD TRAFFICKING VICTIMS IN INDONESIA Hamja, Hamja; Maulana, Kodir; Susanto, Asep
YURIS: Journal of Court and Justice Vol. 2 Issue 1 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i1.220

Abstract

Girls are a group that is highly susceptible to the human trafficking crime. Even so, there were still very few researches on this crime from the victim's perspective. This research aims to identify various negative implications caused by human trafficking crime based on the victim's perspective through a victimological approach. The method used in this research is a qualitative method with a normative juridical approach. The data used in this research is primary data obtained from several informants, these are Health Extension Officer Kusuma Bongas and several victims who were survivors of human trafficking, through in-depth interviews and observations. According to the research findings, human trafficking is a serious crime that has a wide-ranging take effect across multiple sectors. In addition to social effects, human trafficking has negative legal consequences as well as it leads to various criminal offenses such as prostitution, the physical, sexual, and psychological exploitation of children, violations of labor laws, and other crimes. For the victims of this crime, there is still potential for unfairness and legal ambiguity due to the law's imperfect implementation in this subject. Therefore, it is important to improve the judiciary system, specifically the fair and strict laws against the human trafficking crime, in order to provide victims safeguards and have a deterrent impact on offenders.
PERFORMING LEGISLATIVE FUNCTIONS: THE ROLE OF REGIONAL REPRESENTATIVE COUNCIL AND PEOPLE'S REPRESENTATIVE COUNCIL Gunawan, Bambang Panji; Zamroni, M.; Miarsa, Fajar Rachmad Dwi; Mangesti, Yovita Arie
YURIS: Journal of Court and Justice Vol. 2 Issue 1 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i1.224

Abstract

Based on two factors, these are philosophical and legal aspect. In terms of the function of law, the existence of the Regional Councilor (DPD) and Legislative Assembly (DPR) can be established. Based on a provision in the 1945 Constitution, the Regional Councilor (DPD) and Legislative Assembly (DPR) were established, and, according to one philosophical definition, they represent all regional or people's representatives in Indonesia at the national scale. A system of functional industrial relations exists between the Regional Councilor (DPD) and Legislative Assembly (DPR) in relation to the function of legislation. The objective of this research are to find out the role of Regional Councilor (DPD) perform in the legislative functions; and Legislative Assembly (DPR) represent in obtaining legal products. The research that was accomplished was categorized as qualitative normative research based on the kind of data or legal materials examined. Due to institutional and constitutional limitations, the Regional Councilor (DPD) and Legislative Assembly (DPR) faced difficulties as a result of legal responsibilities. Institutional constraints are limitations imposed by the institution itself, such as insufficient support systems, unsuccessful legislation, and ineffective session management techniques. The Regional Councilor (DPD)'s current rules, Article 22D, paragraphs 1 and 2, and Law No. 27/2009 on MD3 are among the challenges we must overcome. These laws attempt to undermine the legislative authority of the Regional Councilor (DPD).
LEGAL FRAMEWORK FOR CORPORATE AND GOVERNMENT PARADIGM TO DISASTER VICTIMS Sulaksono
YURIS: Journal of Court and Justice Vol. 2 Issue 1 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i1.228

Abstract

The environmental law enforcement paradigm has not implimented well. This can be known through the government's inability to stop several acts of environmental destruction committed by several corporations. On the other hand, based on the principles of environmental law, it is stated that the government must be responsible for environmental management. The topic of this research is important to uncover the background between whether or not there were violations of regulations committed by corporations. The results of the research indicated that the paradigm of enforcing environmental law is contained in Law No. 32/2009 concerning Environmental Protection and Management; Law No. 24/2007 concerning Disaster Protection; Law No. 30/1999 concerning AAPS (Arbitration and Alternative Dispute Resolution) and Law No. 4/2009 concerning Mining is still a normative paradigm which causes the weakening of environmental law enforcement.
THE SETTLEMENT OF ADOPTED CHILDREN STATUS REGARDING THE INHERITANCE OF ADOPTION PARENTS IN TORAJA COMMUNITIES Poespasari, Ellyne Dwi; Usanti, Trisadini Prasastinah; Soelistyowati
YURIS: Journal of Court and Justice Vol. 2 Issue 1 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i1.240

Abstract

The child adoption in Toraja community is valid when it is conducted with traditional ceremony. However, the adoption of children that declared with traditional ceremonies still does not fully meet the requirements in written law which can lead to the legitimacy of adopted child position as the heir of his adoptive parents. The settlement of disputes over the inheritance distribution of adopted children can be resolved through the deliberations of relatives and customary heads. However, in its development, the Toraja community began to resolve these disputes through the courts, because it was considered more capable of providing justice and legal certainty. This legal research is empirical research (socio-legal research) that can be classified into analytical descriptive research. The data used is primary data, which is obtained from observation, interviews with respondents and informants while secondary data is in the form of judge's decisions and related legal theories.
CRIMINAL LIABILITY OF NOTARY IN CRIMINAL ACT COMMITTED BY NOTARY SIGNING AGENT Rossulliati, Dwi; Ucuk, Yoyok; Prawesthi , Wahyu
YURIS: Journal of Court and Justice Vol. 2 Issue 1 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i1.258

Abstract

This research aims to analyze and examine how the responsibility of a notary in the case of a notary's signing agents commits the crime of document forgery. Article 1 paragraph (1) of Notary Office Law states that a Notary is a Public Official authorized to do authentic deeds and has other authorities as referred to in this Law or based on other laws. The notaries get authority attribution from the state through the Law on Notary Positions. This authority is attached to the position of a notary. In conducting these duties and positions, a Notary is generally assisted by Notary signing agents. In this research, Normative Law is used because it tries to find the location of coherence, namely legal rules and legal norms. Notary workers are only assistants in their work, and the responsibility for authentic deeds remains to the Notary. When the Notary signing agents commit document forgery, resulting in defects in the authentic deed, it is possible that Notary must hold responsible for this. The forgery of letters can occur due to fake contents of the letter or fake authority and contents of authority in the letter. The forms of Notary Criminal Liability, if it is proven that the notary worker committed the crime of forging letters, is a crime of participation in the crime of forging letters because the Notary is considered negligent in conducting his duties and position.
THE IMPLEMENTATION OF MATERIAL CRIMINAL LAW AGAINST CRIMINAL ACT OF EMBEZZLEMENT IN OFFICE Abrahams, Deny; Amiq, Bahrul; Prawesthi, Wahyu; Khoidin, M.
YURIS: Journal of Court and Justice Vol. 2 Issue 1 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i1.263

Abstract

The crime often committed is embezzlement, dishonesty by hiding other people's goods/assets by one or more people without the owner's permission to control or use it for other purposes. In Article 374 of the Criminal Code, the term embezzlement in the office can be said to be a crime of embezzlement with a weighting. The method used in this research is normative juridical research that examines or analyzes primary and secondary legal materials by understanding law as a set of rules or positive norms in the statutory system that regulates human life. Based on the research result, the application of material criminal law to cases of criminal embezzlement in the office is implemented based on legal facts, including the statements of witnesses, statements of the accused, letters, and the presence of evidence. Besides that, before the judge imposes a sentence, he needs to consider what can aggravate and mitigate the defendant to apply a sentence commensurate with the act and provide justice for the defendant and a deterrent effect against a decision.
THE IMPLEMENTATION OF CRIMINAL ACT TOWARDS HATE SPEECH IN SOCIAL MEDIA Erfan, Muhammad; Prawesthi, Wahyu; Amiq, Bahrul
YURIS: Journal of Court and Justice Vol. 2 Issue 1 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i1.280

Abstract

Indonesia is a country that adheres to a democratic system where people are given the freedom to express their opinions. Along with globalization era, communication media are increasingly developing, such as the existence of electronic communication media that can connect people regardless of distance and place. Information technology, beside contributing to improving communication progress, technology can also be an effective means for users of social media to commit acts against the law. Cybercrime is a type of criminal activity that makes use of advances in computer technology, particularly the internet. This research examines all the regulation and law in Indonesia regarding of hate speech towards social media through normative legal research. From the research result, it found that the implementation of Hate Speech in social media networks can be determined in Article 45A Paragraph (2) jo. Article 28 Paragraph (2) of Law No, 19/2016 as Amendment to Law No. 11/2008 concerning on Electronic Information and Transactions, there does not have to be an aggrieved party or there must be an objecting party, because it is not a material offense that requires the consequences of the act.
LAW ENFORCEMENT OF ILLEGAL LOBSTER CLEAR SEED DISTRIBUTION CRIME Wahyudi, Tri; Prawesthi, Wahyu; Khoidin, M.
YURIS: Journal of Court and Justice Vol. 2 Issue 2 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i2.292

Abstract

Indonesia is an archipelago that is rich in flora and fauna both on land and sea. It causes some people to commit criminal acts, especially criminal acts in distributing lobster clear seeds illegally and not fulfilling fisheries licenses in Indonesia. Therefore, serious efforts are needed to tackle these fisheries crimes. The objective of this research is to find out the effectiveness of law enforcement regarding illegal distribution of lobster clear seed; and to observe the law enforcement attempts against its case. The approach method used in this research is juridical normative approach. The juridical normative approach is an approach that uses legislation by examining all laws and regulations related to the legal issues being addressed and conceptual approaches derived from views and doctrines that develop in legal science. The regulation on the prohibition of marketing clear lobster seeds is regulated in the Minister of Marine Affairs and Fisheries Regulation No. 12/PERMEN-KP/2020 concerning the Management of Lobsters, Crabs and Rajungan in the Republic of Indonesia and amended to the Minister of Marine Affairs and Fisheries Regulation No. 17/2021 concerning the Management of Lobsters, Crabs and Rajungan in Indonesian territorial waters.

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