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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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LEGAL PROTECTION OF VULNERABLE GROUPS' RIGHTS IN GENERAL ELECTIONS Sarbini, Dr.; Hartantien, Sinarianda Kurnia
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.v2i2.336

Abstract

A country is considered a democracy if the government regulations allow its citizens to participate in political activities to the greatest possible extent as a form of implementing democratic values. General elections are one of the main pillars to support a democratic political system. General elections are held to elect representatives of the people at the central and regional levels in order to obtain support from the public to achieve the country’s national goals which are held regularly in a certain period or period of time. General elections are a source of citizens’ aspirations in determining the leaders who will compete for their voices. It includes the fulfillment and protection of the rights of vulnerable groups. The approach used in this research is the juridical-normative approach, that is, legal research conducted by examining library materials or secondary materials as basic material to be researched by conducting a search for regulations and literature related to the problem being researched. According to The Indonesian National Human Rights Commission, there are groups of people whose voting rights are vulnerable to manipulation during elections. There are 16 vulnerable groups in the general election, such as: disabilities and people with mental disabilities (ODDM); prisoners; prison inmates, plantation and mining workers; migrant workers; domestic workers; frontier society; alienated tribal communities; the elderly; LGBTQ; PLHIV; refugees of social conflict/natural disasters; homeless; women; hospital patients and health workers; and novice voters.
LEGAL ANALYSIS OF WITNESS TESTIMONIUM DE AUDITU’S POSITION ON DECISION NO. 115/PID.SUS/2021/PN.KTG: Case Study on Constitutional Court Decision No. 65/PUU-Vlll/2010 Mbewa, Adelina; Haryadi, Wahyu Tris
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.v2i2.357

Abstract

Testmonium de audito has not been accepted as evidence under the Criminal Procedure Code because its authenticity has not been tested. Under the Constitutional Court’s decision No.65/PUU-VIII/2010, testimonium de audito is considered as evidence, and can be used in both criminal and civil cases. Therefore, this research is conducted to determine the witness's position in the trial and verdict Number 115/Pid.Sus/2021/PN.Ktg. The case study of Kotamobagu District Court Decision Number 115/Pid.Sus/2021/PN.Ktg and Law No. 8/1981 on the Criminal Procedure Code become the basis of normative legal research methodology in this research, which also used primary and secondary sources. The findings of this research indicate that in Constitutional Court Decision No.65/PUU-VIII/2010, law enforcers should agree that witnesses who actually see, hear, or suffer a criminal event are not always required. On the other hand, Testimonium de Auditu witnesses cannot be used as independent witnesses in the case of Decision No. 115/Pid.Sus/2021/PN.Ktg because it does not include the requirements of the witnesses required.
THE IMPLEMENTATION OF RESTORATIVE JUSTICE SYSTEM TO RESOLVE DOMESTIC VIOLENCE ACTS Hardianto, Yoyok; Khoidin, M.; Prawesthi, Wahyu; Utami, Rahayu Sri
YURIS: Journal of Court and Justice Vol. 2 Issue 3 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i3.359

Abstract

Domestic violence is often referred to as a hidden crime because both perpetrators and victims attempt to hide their offence from public view. According to Article 28 of the 1945 Constitution, which regulates human rights, all forms of violence, especially domestic violence, are violations of human rights and crimes against human dignity. Restorative justice system is one of the approaches used to resolve case of domestic violence. The concept of a restorative justice system is used to resolve violations of the law that occur based on victims and perpetrators’ interests. The objectives of this research is to find out the implementation of restorative justice in managing domestic violence issues in society; and to analyse the restorative justice mechanism in domestic violence cases based on the Indonesian legal system. The approach method used in this research is a normative juridical approach based on laws and regulations related to legal issues. In addition, it is also used conceptual approach based on developed perspective and doctrines in legal sciences. The settlement of domestic violence cases using penal mediation method with a restorative justice approach was succesfully resolved the criminal cases occurred in community.
IMPLEMENTATION OF GRANTING HEALTHCARE FACILITIES RIGHTS FOR PREGNANT FEMALE PRISONERS AT CLASS II A SURABAYA WOMEN’S PENITENTIARY Lestari, Yashinta Dwi; Prasetyo, Dr. Dossy Iskandar
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.v2i2.362

Abstract

The fulfilment of prisoners’ rights must be granted to every prisoner, including children, men, and women, as stipulated in Law No. 12/1995. Fulfilment of these rights includes the right to receive healthcare and proper food. The treatment between female and male prisoners is quite different, especially for pregnant prisoners. Therefore, this research aims to find out the implementation of granting healthcare facilities to pregnant prisoners in women’s detention centre class IIA Surabaya. This type of research is empirical juridical with a combination of qualitative and quantitative approaches. There are 2 sources of legal material used, such as (1) the primary legal source comes from community legal aid institutions, the right to health pocket book, Law No. 22/2022 on correctional facilities, Law No. 39/1999 on human rights; (2) the secondary legal source comes from the results of filling out questionnaires and interviews. Although the health facilities provided in the detention centre are supportive, some pregnant prisoners stated that the health services provided were inadequate and there was a lack of counselling on pregnancy programmes. Therefore, the detention centre seeks to fulfil the health rights of pregnant prisoners as stated in Law No. 22/2022.
THE EFFORTS IN PREVENTING ESCAPED PRISONERS AT CORRECTIONAL INSTITUTION CLASS I SURABAYA Mustofa, Zainal; Esthi, Anggrita
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.v2i2.364

Abstract

Polemics over the accuracy of correctional system implementation and the non-conducive environmental impact have triggered violations by prisoners to commit acts of escapes from correctional institutions. The lack of explicit regulation of this act has led to the increasing number of escape attempts made by prisoners. The prisoners’ escape attempts also occurred at the Correctional Institution Class I Surabaya. Therefore, this research was conducted to find out and analyse the efforts and constraints in preventing escape attempts by prisoners. The method of approach used in this research is juridical sociological by examining Law No. 12/1995 on Corrections, Correctional Institution Guarding Regulations of 1975, and Decree of the Director General of Corrections No. E.22.PR.08.03 of 2001 on fixed procedures; and analysing the implementation of security systems in correctional class I Surabaya in actual conditions. There are 2 legal material sources in the research, such as (1) primary data from interviews with the officers of correctional institution class I Surabaya; (2) secondary data from official documents, law books related to the research topic. Preventive and repressive efforts have been implemented by the correctional institution class I Surabaya. However, they have faced several constraints in implementing these efforts, such as over-capacity of inmates, the mismatch between the number of prison staff and inmates, the absence of strict sanctions, and the lack of welfare of correctional institution class I Surabaya staff.
THE AGE DISPENSATION FOR MARRIAGE IN SIDOARJO RELIGIOUS COURT: RESEARCH ON 2022 Priseliya, Khalifa; Ngaisah, Siti
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.v2i2.365

Abstract

Underage marriage is still prevalent in society. According to the Central Bureau of Statistics in 2017, 25.71% of women aged 20-24 were married when they were less than 18 years old. It means that about 1 out of 4 Indonesian women married at a child's age. The Marriage Law restricts the minimum age for citizens to marry from 21 years old, for both men and women. However, the Marriage Law allows men under 19 years old and women under 16 years old to marry, as long as they receive dispensation from the Religious Court. Therefore, this research is conducted to find out the legal regulation of marriage age dispensation according to Law No. 1/1974 and Law No. 16/2019; and to analyse the actual amount of research on marriage age dispensation at the Sidoarjo Religious Court in 2022. The type of research used is empirical combined with a sociological legal approach which legal sources are obtained from data observation and interviews at the Sidoarjo Religious Court. The amendment in Law No. 16/2019 on the amendment of Law No. 1/1974 on marriage does not provide any change to overcome the surge in marriage dispensation for underage children as happened in the Sidoarjo Religious Court. There are many factors that cause them to apply for marriage dispensation, such as being pregnant out of wedlock with an old womb, the economy, tradition, and a lack of religious understanding.
LEGAL PROTECTION FOR THE PUBLIC ON POSITIONAL ABUSE FOR CORRUPTION OFFENCES Gimnastiar, Muhammad Alam; Sugiharto, Dr.
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.v2i2.366

Abstract

The reasons for a public official to commit corruption may be varied, but generally known as the GONE theory (Greedy, Opportunity, Need, Exposure) as proposed by Jack Bologna. Corruption leads to a deceleration of the country’s economic growth, decreased investment, increased poverty and increased income inequality. Corruption not only affects the country, but also the whole society. The impacts of corruption on various aspects can be perceived by the public. Therefore, this research is conducted to determine the application of the law against public officials who are corrupt, to analyse the juridical mechanism in public malfeasance, and to analyse court decisions on corruption committed by public officials. The type of research used is juridical normative combined with a statutory approach, conceptual approach, analytical approach, and case study approach. There are 3 legal sources used, such as (1) primary legal sources consist of laws and regulations related to the research topic; (2) secondary legal sources consist of books, law journals, and legal dictionaries; (3) tertiary legal sources consist of internet media, print media, and mass media. The implementation of anti-corruption values to the community is based on needs such as honesty, discipline, responsibility, simplicity, and justice. Improving applicable laws and regulations, improving bureaucratic reform governance, creating an anti-corruption work environment, applying clean and good governance principles, and utilising transparency technology are some of the efforts to prevent corruption in society.
JURIDICAL ANALYSIS BETWEEN LIFE INSURANCE COMPANY AND INDEPENDENT MARKETING OFFICE IN DISTRICT COURT DECISION NUMBER: 661/PDT.G/2021/PN.JKT.SEL Puspita, Bunga Putri; Razak, M. Abdul
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.v2i2.369

Abstract

We need a financial service organisation that assists in managing and planning one’s finances in order to achieve a prosperous life in society. In addition, a fair and transparent agreement is needed in arranging insurance. All companies in the financial services sector including insurance companies must be supervised by Financial Services Authority (OJK) as stipulated in Law No. 40/2014 on insurance. It is conducted to prevent potential fraud that can endanger customers. Therefore this research is conducted to find out and analyse about cooperation agreement procedure between life insurance company and independent marketing office especially the case on District Court Decision Number: 661/Pdt.G/2021/Pn.Jkt.Sel. The type of research used is normative combined with a statutory and case study approach. The research results indicate that an insurance agreement must fulfil the requirements in accordance with Article 1320 BW and the mandatory provisions of the Criminal Code Articles 250-251. Independent marketing offices that cooperate with insurance companies must always be aware in conducting agreements to prevent unwanted force majeure in the future. The legal effect of force majeure is that the defendant cannot fulfil its obligations in the engagement, but the South Jakarta District Court has determined that the defendant must pay costs, penalties and interest.
THE CONSTITUTIONAL COURT’S DECISION ON THE AMENDMENT OF LAW NO. 1/1974 ON MARRIAGE Muhibbin, Moch.; Triadi, Dr. Irwan
YURIS: Journal of Court and Justice Vol. 2 Issue 3 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i3.377

Abstract

This research was conducted to determine the impact of Constitutional Court Decision No. 46/PUU-VIII/2010 related to the position of children out of wedlock and Constitutional Court Decision No. 69/PUU-XIII/2015 on marriage agreements on the amendment of Law No. 1/1974 on marriage. This research used juridical normative methods with a statutory approach. In addition, the data analysis used is descriptive qualitative. The results of the research indicate that there are three decisions of the Constitutional Court with the verdict “granted”, including the following Constitutional Court Decision Number 46/PUU-VIII/2010; Constitutional Court Decision Number 69/PUU-XIII/2015; and Constitutional Court Decision Number 22/PUU-XV/2017 regarding the age limit of marriage. Constitutional Court Decision Number 22/PUU-XV/2017 has been followed up with the amendment of Law No. 16/2019 concerning Amendments to Law No.1/1974 on Marriage. However, Constitutional Court Decision Number 46/PUU-VIII/2010 and Constitutional Court Decision Number 69/PUU-XIII/2015 were omitted in the Law No. 16/2019 amendment. Therefore, the law-forming apparatus needs to implement the legislative review and executive review mechanisms that can be used as an effort to amend a statutory regulation through the legislative and executive institutions, in this case, Constitutional Court Decision Number 46/PUU-VIII/2010 and Constitutional Court Decision Number 69/PUU-XIII/2015. In addition, it is also essential to strengthen the system for monitoring the follow-up of Constitutional Court decisions that are final and binding.
LEGALITY OF EUTHANASIA AT PATIENT FAMILY’S REQUEST Mayasari, Dian Ety; Prawesthi, Wahyu; Kadek
YURIS: Journal of Court and Justice Vol. 2 Issue 3 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i3.381

Abstract

The discussion of euthanasia cannot be separated from the relationship between doctors and patients. From the dimension of civil law, the relationship between doctors and patients is a contract of medical services; the doctor is obliged to provide the best treatment and will not demand the treatment results since it involves actions against living tissue, which humans cannot fully control. However, the therapeutic contract can be implemented for medical actions that do not treat the living tissues of the human body. This research aims to identify which article of the Criminal Code (KUHP) that provides law and regulation regarding the practice of euthanasia in Indonesia. The approach used in this research is a normative juridical approach. The normative juridical approach uses laws and regulations and examines all laws and regulations related to legal issues and conceptual approaches from the perspective and doctrines of law. The research findings identified that there are no articles that regulate and mention explicitly, clearly and concretely regarding euthanasia. Articles 340, 344, 345 and Article 304 jo 306 Paragraph 2 of the Criminal Code are considered the closest to euthanasia, even though the articles do not explicitly and concretely explain euthanasia.

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