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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 103 Documents
EFFECTIVENESS OF DISPOSABLE MEDICAL DEVICE PROCUREMENT IN INCREASING THE ACCELERATION OF THE USE OF DOMESTIC PRODUCTS IN RSUD BALI MANDARA Kristanti, I Gusti Ayu Made Iin; Senastri, Dr. Ni Made Jaya; Arjaya, Dr. 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.v3i1.485

Abstract

During the early days of the Covid-19 pandemic, there were a number of medical device vacancies that impacted health services. This situation urged the government to fulfill the need for domestic medical devices. This is what underlies the establishment of Presidential Instruction No. 2/2022 concerning Acceleration of Increased Use of Domestic Products. The purpose of this research is to analyze the regulation of the procurement of disposable medical devices in order to increase the acceleration of the use of domestic products and analyze the factors that influence the emergence of obstacles in the implementation of Presidential Instruction No. 2/2022 at RSUD Bali Mandara (Bali Mandara Regional General Hospital). This research applies empirical legal research methods, using statutory, conceptual, and sociological approaches. The implementation of the regulation to purchase domestically produced disposable medical devices at RSUD Bali Mandara is conducted by adhering to Presidential Instruction No. 2/2022, with the aim of increasing the use of domestically produced disposable medical devices in the hospital environment. However, during its implementation at RSUD Bali Mandara, there were several obstacles related to the purchase of domestically produced disposable medical devices. These obstacles include limited stock, users concerns regarding quality, and price differences that make domestic products more expensive compared to the imported products.
THE EFFECTIVENESS OF LAW ENFORCEMENT AGAINST THE PERPETRATORS OF TOURISM OBJECT VANDALISM IN NORTH TORAJA Salamba, Yogistry Pakita
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.v3i1.493

Abstract

This research aims to analyze the implementation of sanctions against perpetrators of tourism site vandalism in North Toraja; and to examine the constraints on the application of sanctions in law enforcement against perpetrators of tourism site vandalism based on Regional Regulation No. 7/2016. This research uses empirical research methods, using statutory approaches and conceptual approaches. Primary data is obtained through field research using interview and observation methods, while secondary data is obtained through literature study. The results indicated that the enforcement of sanctions of Regional Regulation No. 7/2016 on the Implementation of Tourism in North Toraja has not complied with the regulation. Moreover, the case of Ke’te’ kesu’ vandalism committed by perpetrators who are sanctioned by custom, is characterized by many unresolved cases and weak enforcement of sanctions. The constraints in the implementation of sanctions in law enforcement are mostly caused by delayed information to the Civil Service Police Unit so that initial administrative actions are conducted before handing over to the Prosecutor’s Office. Another constraint is the absence of a MoU between the Police, Prosecutor’s Office, and Courts, and limited budget which affects the capacity of Civil Service Police Unit (Satpol PP) in protecting tourists. A comprehensive approach is needed, which includes training of law enforcers, inter-agency coordination, legal education for the community, and a review of local regulations to enhance justice and appropriateness of sanctions.
RESOLUTION OF NON-PERFORMING LOANS IN CREDIT AGREEMENTS WITHOUT MORTGAGE DEED AT THE CUSTOMARY VILLAGE CREDIT INSTITUTION (LPD) OF PADONAN TIBUBENENG, NORTH KUTA, BADUNG Dewi, Ni Kadek Marantina; Mahendrawati, Ni Luh Made; Sukandia, I Nyoman
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.v3i1.503

Abstract

The enactment of Law No. 4/1996 on Mortgage Rights mandates that any action establishing land rights under Law No. 5/1960 on Agrarian Principles must involve the granting of mortgage rights via APHT as debt repayment security, with the Mortgage Rights Deed being a crucial part of the debt agreement. Despite this, some financial institutions like LPD Padonan Tibubeneng Customary Village extend credit without APHT. Researchers are interested in LPD Padonan’s response to defaulted agreements, which pose a legal discrepancy. Similar cases arise in various LPDs in Bali, where credit is granted with collateral but lacks a mortgage deed, leading to legal issues upon default. LPD Padonan faces the same challenge, hindering collateral execution upon default. Empirical legal research, using legal concepts and theories, is conducted, supplemented by data from LPD Padonan. Steps taken upon default, before non-performing loan status, involve warning letters and subpoenas. If unsuccessful, credit settlement by Padonan LPD occurs through two channels: non-litigation avenues such as deliberations and credit restructuring, particularly for Padonan residents, and customary settlement through paruman.
THE INDONESIAN ARRANGEMENT OF ASSET FORFEITURE DRAFT AS REFORM EFFORTS IN RECOVERING STATE LOSSES DUE TO CORRUPTION: A COMPARATIVE STUDY OF UNITED STATES CODE Sianipar, Ferry Agus; Sambas, Nandang; Yanto, Oksidelfa
YURIS: Journal of Court and Justice Vol. 3 Issue 2 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i2.509

Abstract

Corruption remains a pervasive challenge in Indonesia, undermining governance, economic development, and social justice. The Draft Law on Asset Forfeiture in Indonesia is an effort in reform to restore state losses caused by the crime of corruption. This is a comparative legal research which aims to compare the Draft Asset Forfeiture Law with the United States Code as a reference to assess compatibility with human rights. The findings of this research indicate that despite the fact that there have been numerous previous efforts and procedures from law enforcement to return assets under the criminal procedure law and other regulations, the judicial system is still insufficient to effectively address potential state financial losses due to the rampant corruption crimes in Indonesia. The Asset Forfeiture system, which shares similarities with the Asset Forfeiture principle in the U.S.C., has the potential to be abused and violates human rights and the basic Criminal Law principle of presumption of innocence, both in Indonesia and the United States. Therefore, it is necessary to improve the Draft Law on Asset Forfeiture with due regard to Human Rights, by placing the perpetrators of corruption on the Principle of the Highest Balanced Probability, and still adhering to the principles of the criminal process in accordance with basic criminal law.
LEGAL PROTECTION AND LIABILITY OF THE BUSINESS ACTORS AGAINST TOURISTS IN MT. AGUNG BALI Putra, I Ketut Wira Cipta; Astara, I Wayan Wesna; Arjaya, I Made
YURIS: Journal of Court and Justice Vol. 3 Issue 2 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i2.512

Abstract

Incidents of accidents during risky climbs have been reported in Bali, and yet to date there are no specific legal regulations regarding mountaineering tourism in the region. Mountaineering tourism is a type of tourism with a high risk, making it very important to implement legal regulations that can provide protection to tourists in any undesirable situation. This research aims to evaluate the legal protection of tourists according to Law No. 10/2009 on Tourism as well as the liability of mountain climbing tourism business actors to those who have experienced losses. This is a qualitative research which adopted normative and conceptual approach. The research findings indicate that there is a necessity for additional regulations as stated in the Governor Regulation of Bali No. 52/2021 concerning Regulations for the Implementation of Regional Regulation No. 5/2020 concerning Standards for the Implementation of Balinese Cultural Tourism. In accordance with Article 1366 of the Civil Code, businesses or managers of the mountain climbing tourist attractions in Bali are obliged to be responsible in the case of accidents that have caused significant losses to tourists. The liability of business actors can also refer to Article 7 of Law No. 8/1999 on Consumer Protection. In addition, the liability of business actors as managers of tourist attractions is also referred to Article 26 of Law No. 10/2009 concerning Tourism and Article 6 No. 3 of Bali Province Regional Regulation No. 5/2020 concerning Standards for the Implementation of Balinese Cultural Tourism.
CORPORATE CRIMINAL LIABILITY FOR CRIMINAL NEGLIGENCE OF FOREST AND LAND FIRE CAUSES: Decision Study: Number 71/Pid B/LH/2021/PN Snt Ganitri, Ni Nyoman Ayu Ratih; Sugiartha, I Nyoman Gede; Setiabudhi, I Ketut Rai
YURIS: Journal of Court and Justice Vol. 3 Issue 2 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i2.513

Abstract

During the globalization era, forest exploitation has become more frequent, one of them is burning land as a cause of rapid reduction in forest area. Forest and land fires caused by human activities can be categorized as legal acts, i.e. those occurrences or events that can trigger legal consequences. Therefore, forest and land burning is not included in ordinary criminal offenses. This research aims to analyze the arrangements for criminal liability for criminal negligence that causes forest and land fires (Ius Constitutum) and to analyze the considerations of the judges for negligence for causing forest and land fires in Decision Number 71/Pid B/LH/2021/PN Snt. The method used is a normative method with a statutory approach, legal concepts and theories. The result of this research is that criminal liability for the causes of forest and land fires can be identified from several legislations that have been established and are applicable at this time, both those committed intentionally and due to negligence, and both those committed by individuals and those committed by corporations. The Judges’ consideration in Decision Number: 71/Pid B/LH/2021/PN Snt, imposed a fine and additional punishment on the defendant that is PT Mega Anugrah Sawit. The judge only recognized the defendant’s guilt due to negligence, while from the facts of the trial there was an element of intent.
POLITICAL DEMOCRACY AND JUDICIAL VALUES: A PHILOSOPHICAL APPROACH TO JUSTICE AND DEMOCRACY THROUGH LEGAL PHILOSOPHY Prasetyo, Dr. Dossy Iskandar
YURIS: Journal of Court and Justice Vol. 3 Issue 2 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i2.522

Abstract

This research analyzes the political democracy that is based on the fourth principle of Pancasila and the legal value from the perspective of legal philosophy. Legal philosophy research is directed at understanding the moral and legal imperatives contained in the concept of political democracy according to the fourth principle of Pancasila. This research uses a doctrinal legal method with a theoretical approach to find the conceptual basis of legal principles and examine the cumulative effect of various rules and procedures in a particular area of activity. There are two important points produced from this research, which are (1) the judicial values of political democracy in the fourth principle of Pancasila are closely related to Soekarno’s perception of Pancasila as the ideology of Indonesian people, which prioritizes harmonious life in diversity; (2) there are four main values in political democracy in the fourth principle of Pancasila, such as (a) democracy must be based on morals, (b) power must be used for the welfare of the people, (c) elections must be held with ethics and good manners, and (d) decisions must be reached through deliberation and consensus for the common good.
LEGAL PROTECTION OF DISPUTED LAND DEED OFFICIALS IN THE BANKRUPTCY ESTATE BY THE CURATOR IN RELATION TO THE PRINCIPLE OF JUSTICE Amini, Nyak; Yusdiansyah, Prof. Dr. Efik; Rivandi, Dr. Dhody Ananta
YURIS: Journal of Court and Justice Vol. 3 Issue 2 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i2.544

Abstract

Bankruptcy occurs when a person or entity stops paying its overdue debts, leading to the management of their assets by a curator. The curator oversees and manages the bankruptcy estate. The problem of bankruptcy estate often arises due to the transfer deed issued by the Land Deed Official (PPAT) which is considered incorrect by the curator, resulting in the Land Deed Official being sued and creates uncertainty as well as injustice for the Land Deed Official. This research will examine how the land law system regulates land sale and purchase transactions in the agrarian field in Indonesia, which was previously regulated in Government Regulation No. 24 of 1997 concerning Land Registration by applying a negative publication system with positive elements. This research applies empirical juridical research methods. The findings of this research identified that the legal system of land sales and purchases in Indonesia can lead to disputes in bankruptcy estates managed by curators, particularly concerning the principle of prudence. The Land Deed Official is responsible for errors or violations in the deeds they create but not for inaccuracies provided by the parties involved. If the parties provide false information, the responsibility lies with them, rather than with the Land Deed Official who only records the submitted information.
IMPLEMENTATION OF THE GRANTING OF LAND OWNERSHIP RIGHTS BY THE STATE FOR FOREIGN CITIZENS UNDER ARTICLE 21 PARAGRAPH 3 OF THE BASIC AGRARIAN LAW Ratu, Ida Ayu Mas; Santika, Ida Bagus Agung Putra
YURIS: Journal of Court and Justice Vol. 3 Issue 2 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i2.546

Abstract

Land or land rights can be obtained by someone as an heir, either a biological child or a living spouse, either individually or jointly between the biological child and the living spouse. The acquisition of property rights over land occurs through inheritance, which is the transfer of land rights due to the death of a person or heir who holds land rights. The objective of this research is to identify and analyze the regulation of land ownership rights for foreign nationals according to Article 21 Paragraph 3 of the Basic Agrarian Law (UUPA) and to identify and comprehend the implementation of land ownership rights by the State for foreign nationals at the Badung Regency Land Office. This research applies empirical legal research method with statutory approach, legal concept analysis and factual approach. The results of this research indicate that the regulation of the acquisition of property rights to land for foreign nationals according to Article 21 Paragraph 3 of the Basic Agrarian Law is that heirs with foreign citizenship are obliged to relinquish the right within a period of 1 year since the loss of Indonesian citizenship. The implementation of the granting of land ownership rights by the State for foreign nationals in the Badung Regency Land Office is that a foreign national may receive inheritance of land and/or buildings with property rights status (such as a house). However, within one year, the foreign national must transfer his/her rights to the land and/or building to another person.
THE EFFECTIVENESS OF THE SPECIAL DEVELOPMENT PROGRAM FOR CHILDREN AT THE CLASS II JUVENILE REHABILITATION CENTER IN KARANGASEM, BALI Virgayanti, Ni Ketut Anik; Astara, Prof. Dr. Drs. I Wayan Wesna; Sukandia, Dr. I Nyoman
YURIS: Journal of Court and Justice Vol. 3 Issue 2 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i2.548

Abstract

The effectiveness of the Class II Juvenile Rehabilitation Center (LPKA) Program in Karangasem Regency is an important focus in safeguarding the development of juveniles involved in criminal proceedings. In an increasingly complex era, the importance of a sensitive and responsive approach to their needs is necessary. The purpose of special development program for juveniles is to prevent recidivism, protect children's human rights, and build an inclusive society. this research aims to examine and analyze the effectiveness of the Class II Juvenile Rehabilitation Center special development program in Karangasem regency as well as identify any factors that influence the effectiveness of the Class II Juvenile Rehabilitation Center special development program in Karangasem regency. This research applies descriptive empirical method by exploring field data through interviews and observations. The findings indicated that the effectiveness of the development program has had a positive impact with adequate facilities and cooperation with external parties. Despite obstacles such as emotional problems and adjustment difficulties, efforts continue to be carried out towards improving the program. However, there are still obstacles in improving skills training facilities. In conclusion, the effectiveness of the special development program for juveniles at Class II Juvenile Rehabilitation Center (LPKA) in Karangasem Regency can be concluded as significant, with efforts to continue improving its quality in preparation for the juvenile to return to the community in a productive manner.

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