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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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ANALYSIS OF THE CANCELLATION OF CONSUMER DISPUTE SETTLEMENT DECISION BOARD SURABAYA NUMBER: 25/BPSK/XI/2020: A Case Study of Surabaya District Court Decision Number: 1212/Pdt.Sus.-BPSk/2020/PN.Sby. Regina, Mariska; Munawaroh, Siti
YURIS: Journal of Court and Justice Vol. 2 Issue 4 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i4.403

Abstract

The Consumer Dispute Settlement Board (BPSK) is one of the institutions tasked with resolving consumer disputes. This research aims to find out the existence of BPSK can be part of equitable justice, especially for consumers who have suffered losses by business people because disputes between consumers and business people are usually small nominal so that consumers are reluctant to file disputes in court because it is not comparable between the cost of the case and the amount of losses experienced. The method used in this research is the juridical normative method. This is based on the consideration that the specification of this research is descriptive analytical, that is, describing existing legal problems based on applicable laws and regulations associated with legal theories and cases of consumer disputes which are the subject matter of the research. The results of this research, such as (1) the main task of BPSK is to resolve disputes between consumers and business actors; (2) Surabaya District Court Decision Number: 1212/Pdt.Sus.-BPSK/2020/PN.Sby., which canceled the Surabaya City BPSK Decision Number: 25/BPSK/XI/2020, according to researchers, this decision was right. One of the reasons that can be used to cancel the decision is the consideration of the judge who accepted the applicant’s reason that there was no legal relationship between the applicant and the respondent.
PUBLIC PERCEPTION TOWARDS THE PUNISHMENT OF CRIMINAL BEATINGS PERPETRATORS IN GEDANGAN THROUGH SOCIOLOGY OF LAW PERSPECTIVE Fitriani, Ajeng; Rosmaya, Ina
YURIS: Journal of Court and Justice Vol. 2 Issue 4 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i4.406

Abstract

Persecution is a behavior that is clearly intended to cause suffering or injury to another individual, the intentional component must include the purpose of causing suffering or injury to another individual. The persecution can be committed in several ways such as slapping and beating. The regulation on beatings has actually been regulated in Article 170 of the Criminal Code, the article also regulates the punishment imposed on the perpetrators of beatings based on the actual damage committed. There were many cases of beatings in the Gedangan area, Sidoarjo, in 2022. One example is a case of beating committed by 5 perpetrators on St Mandala, Semambung Village, Gedangan, Sidoarjo. Therefore, this research aims to discuss the legal sociology perspective of the beating case. This research used normative legal method which focuses on the discussion of legal issues using laws and regulations, combined with legislative approaches related to the case of beating that occurred in Gedangan, Sidoarjo. The application of the law on beatings in the Gedangan, Sidoarjo involves minors and the diversion is involved first if the act of beating is not a recurrence of an offense. If diversion is not possible due to either a recurrence of the offense or a lack of agreement, then prosecution is conducted by the Public Prosecutor based on the Law.
LAW ENFORCEMENT AGAINST HUMAN TRAFFICKING IN THE POLICE JURISDICTION AT SANGIHE ISLANDS RESORT Anriz, Revianto; Prawesthi, Wahyu; Amiq, Bahrul
YURIS: Journal of Court and Justice Vol. 2 Issue 4 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i4.409

Abstract

The form of application is based on mistakes that are in accordance with legal elements and there is no reason for unlawful elimination, the element of intent by the perpetrator (dolus) so that there is no justification or reason for him/her to avoid punishment. Law enforcement efforts in the eradication of human trafficking are implemented through non-penal and penal approaches. Non-penal approaches are conducted through counseling, social education in order to develop the social responsibility of citizens who are aware of human trafficking crimes, legal counseling, resocialization, workshops, etc., especially in crime-prone environments. The penal approach is carried out through legal efforts so that perpetrators of human trafficking crimes are legally processed based on the provisions of laws and regulations up to the court level and execution in order to obtain criminal sanctions and guarantee legal certainty in society. The objective of this research is to analyze the application of criminal sanctions and law enforcement against human traffickers in the Police jurisdiction, North Sulawesi Regional District, Sangihe Islands Resort. This research used a case approach which aims to examine the application of legal norms or rules in legal practice. In addition, legislation is conducted by reviewing all laws and regulations that are related to the legal issues being addressed. The 1945 Constitution of the Republic Indonesia in one of its articles, Article 3, mentions the right not to be enslaved. Therefore, to realize the protection of this right, the Indonesian government needs to regulate human trafficking crimes separately.
THE CHARACTERISTICS OF WAR CRIMES UNDER INTERNATIONAL LAW: A Case Study of the Russia and Ukraine War Raharja, Yolanda Damai; Widoyoko, Wreda Danang
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.v2i3.391

Abstract

War is a physical or non-physical act of fighting over something that is important to the war participants. War crimes are violations of International Law. Therefore, there are several rules to deal with war crimes in international law as regulated in International Humanitarian Law, which has various scopes in the regulation, such as the Geneva Convention, The Hague Convention, and jurisprudence agreements and there is a existing provision or regulation to combat crimes that are considered a serious threat to humanity for crimes that occur with the need for a rule, that is International Criminal Law. In November 2013, during the Maidan protests in Ukraine, which led to the removal of the pro-Russian former president Viktor Yanukovich and the beginning of conflict over Russia’s invasion of Ukraine. The objective of this research is to determine and analyze the types of International Law violations during the war between Russia and Ukraine. The method used is the normative juridical method combined with a statutory approach to analyze relevant international legal instruments and a factual approach related to the events that occurred in the invasion. The research results indicate that war crimes are criminal offenses in international law that are more specifically regulated in International Humanitarian Law. However, regarding this war crimes, data and facts based on thorough and independent investigations have not been found, but only from media information that is doubtful, so that the existence of war crimes cannot be confirmed.
JUDICIAL REVIEW OF CRIMINAL OFFENSES ON CUSTOMER DATA THEFT OF BANKS IMPLICATED IN THE LOSS OF CUSTOMER’S MONEY Cahyono, Febrian Dwi Putra; Hartantien, Sinarianda Kurnia
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.v2i3.398

Abstract

Technological developments in the banking sector intend to improve the quality service for the community, especially those who are often called customers in banking transactions. The convenience provided in the banking sector has contributed to several crimes regarding the criminal act of customer data theft, considering that technological advances in banking services have facilitated the perpetrators to commit their crimes. The purpose of this research is to examine and obtain a legal perspective on the criminal act of customer data theft. The method of this research is normative juridical. According to the findings in this research, it is obtained that the positive legal regulation of the criminal offense regarding customer data theft is intended to provide relevant sanctions and legal protection to the perpetrators and victims of crime. The existence of criminal liability for the perpetrators of criminal acts of customer data theft, requires the application of criminal sanctions as a real effort to eradicate these crimes so as not to cause many losses.
COPYRIGHT LAW PROTECTION AGAINST ILLEGAL SALES OF WETV STREAMING SUBSCRIPTION ACCOUNTS THROUGH SHOPEE MARKETPLACE Billa, Adinda Aneke Putri Zalza; Permanasari, Lolita
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.v2i3.400

Abstract

WeTV is the owner of copyright in computer programs, which has been regulated in Law No. 28/2014 on Copyright. However, there are irresponsible people who violate it by duplicating, distributing and selling WeTV subscription accounts through Shopee marketplace and taking advantage of the benefits personally. It becomes an issue related to copyright protection based on the law on an application program that is being misused by other parties. The method in this research is normative juridical research, which conducts research by analyzing and a series of formal legal rules, including laws and regulations, and literature that contains theoretical concepts. The result of this research that WeTV is an intellectual work in a computer program that is protected by copyright. The sales transaction of WeTV subscribed accounts on the Shopee marketplace by “Mavelstore.id” has a non-authorized method in accordance with the terms and conditions of WeTV. Unauthorized distributors copy without permission from copyright holders and benefit from sales through the Shopee marketplace. The account was found to have committed acts of piracy that caused losses to the WeTV copyright holders. The seller has shared account actions by changing the provision that 1 (one) WeTV user account can only be used by 1 (one) user, to 1 (one) WeTV user account can be used by multiple users. The existence of moral and economic loss is provided an order for the infringement of the creation through the formal procedure of copyright protection efforts against the illegal sales of WeTV accounts through internal legal protection and external legal protection.
ANALYSIS OF THE ROLES OF REGIONAL GOVERNMENT OF SAMPANG REGENCY IN CONTROLLING SANDSTONE MINING ACTIVITIES: A Case Study in Gunung Rancak Village, Robatal District, Sampang, Madura Sushanty, Vera Rimbawani; Putra, Jejein Indramayu
YURIS: Journal of Court and Justice Vol. 2 Issue 4 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i4.439

Abstract

The objectives of this research are to find out, analyze, and identify the consequences of sandstone mining in Gunung Rancak Village, Robatali District on environmental damage that is crowded with visitors analyzed based on Law No. 32/2009; and to find out the role of local governments in illegal sandstone mining and negative impacts on society and obligations to create a final project paper of research on the implementation of Law No. 32/2009 regulations on sandstone mining in Gunung Rancak Village. This type of research is empirical juridical. This type is an approach that aims to find out social symptoms and problems related to existing regulations in Indonesia. Researchers used interview techniques with various parties including the Head of Sampang Regency Environmental Service, the Head of Gunung Rancak Village and the people of Gunung Rancak Village regarding sandstone mining activities in Gunung Rancak Village. The result of this research is that mining activities in Gunung Rancak Village, Robatali District cause various environmental damages, both in the abiotic and biotic categories. The impact of illegal sandstone mining activities on the community and local government has a negative impact and various provisions contained in Law No. 32/2009.
LAW ENFORCEMENT AGAINST PERPETRATORS OF CRIMINAL OFFENSES OF MOTORCYCLE EMBEZZLEMENT UNDER DECISION NO. 85/PID.B/2022/PN KTG Carlos, Christcarsel Brandlay Theolvano; Subekti, Subekti; Borman, M. Syahrul; Suyono, Yoyok Ucuk; Prawesthi, Wahyu
YURIS: Journal of Court and Justice Vol. 2 Issue 4 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i4.448

Abstract

The development of an advanced era does not eliminate the possibility that the modus operandi of criminal acts is also increasingly developed, both in thought and technology. These developments affect various individuals to do various ways to fulfill their desires by doing everything that has an impact on someone later. The most dominant crime case is the type of crime against property, that is, embezzlement. Crimes reported by the public to Kotamobagu Police continue to increase. One of these crimes is the crime of motorcycle embezzlement. The objective of this research is to find out the law enforcement against the perpetrators of motorcycle embezzlement under Decision No. 85/Pid.B/2022/PN Ktg. This research uses a case approach to examine the application of legal norms committed in legal practice, especially regarding cases that have been decided, and a statutory approach by examining all laws and regulations related to the legal issues being addressed. Based on the research results, in this case, the suspect will be charged with the criminal offense of motorcycle embezzlement as referred to in Article 372 of the Criminal Code with a maximum imprisonment of four years. In addition, the crime of embezzlement is a criminal offense that cannot be avoided.
COMPARATIVE STUDY OF THE GOOD FAITH CONCEPT BETWEEN INDONESIA AND THE NETHERLANDS IN CIVIL LAW Miarsa, Fajar Rachmad Dwi; Saifudin, Muhamad; Santoso, Hardi Anugrah; Qoilun, Nur; Japar, Sugiarto Raharjo
YURIS: Journal of Court and Justice Vol. 3 Issue 1 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i1.481

Abstract

Indonesian law is not only dominated by the customary system, but also by the European legal system. Indonesia still adhered to the old Dutch “Burgelijk Wetboek” for several years after its independence, even though the Dutch had completely reformed their Burgelijk Wetboek with a more modern version. One of the significant changes that the Dutch implemented is the paradigm change in the regulation of good faith. Therefore, this research is conducted to determine the effect of paradigm changes in good faith under Dutch civil law on the design of legal arrangements in Indonesian civil law. The research method used is normative juridical which focuses on the problem analysis by approaching the principles and legal norms in the applicable laws and regulations, through statutory, comparative, and historical approaches. Good faith concepts in Indonesia and the Netherlands are basically contained in one specific article. The distinction between Indonesia and the Netherlands is the concept of good faith, which is only contained in the article and after the amendment of the new Civil Code in the Netherlands, it is contained in the heading of that article which stipulates that good faith must be applied.
THE EFFECTIVENESS OF REGIONAL GOVERNMENT EMPOWERMENT ON PHARMACEUTICAL WHOLESALER LICENSES ON THE BALI PROVINCE Joniada, I Made Wisnu; Styawati, Ni Komang Arini; Arjaya, I Made
YURIS: Journal of Court and Justice Vol. 3 Issue 1 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i1.483

Abstract

Pharmaceutical wholesalers (PBF) that are already licensed by Indonesian government have complied with the pre-operational business standard requirements and during operations are required to comply with the standards of good drug distribution procedures. However, there have been some cases of PBFs that have been licensed infringing on their business licensing obligations. These infringements will affect the quality of drugs and/or drug substances which could endanger consumers. Based on this phenomenon, monitoring by regional governments is important in maintaining businesses’ compliance with business standards. The objectives of this research were to examine and analyze several factors affecting the effectiveness of regional government supervision of PBF licenses in Bali Province. The method used is empirical legal method. To address the issues within this research, the author utilizes a sociological approach, a legal regulation approach, and a conceptual approach.  Furthermore, this research indicated that Bali Provincial Health Office supervision is ineffective in assuring compliance in the fulfilling of requirements and obligations by businesses. These conditions have been affected through legal substantial factors, legal structure, and legal culture.

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