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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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THE AUTHORITY OF THE BALI PROVINCIAL GOVERNMENT IN LAW ENFORCEMENT AGAINST FOREIGN TOURIST GUIDES WITHOUT LICENSES Rama, I Wayan Agus; Astara, I Wayan Wesna; Sepud, I Made
YURIS: Journal of Court and Justice Vol. 3 Issue 4 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj/v3i4.629

Abstract

Tourism in Indonesia is experiencing rapid development, bringing both positive and negative impacts. However, with the rapid growth of tourism in Bali, the problem of unlicensed tour guides, or illegal guides, has emerged, which is detrimental to the quality of service and image of tourism. This research aims to analyze the local government's supervisory function towards illegal tour guides and examine the enforcement of legal sanctions against foreign tour guides based on relevant regulations. The researchers intend to further explore legal issues related to the authority of the Bali Provincial Government in enforcing the law against foreign tours without a license, focusing on the synchronization of rules between national and regional regulations to create better legal certainty. The results of this research show that the local governments in the Balinese province have the authority to enforce the law, and the local authorities in the province have a responsibility to ensure the integrity of the tourism sector. The research results also show that there is a need to improve the capacity of law enforcers in order to ensure optimal law enforcement, protect the tourism industry, and support the sustainable development of Bali tourism.
POLICY CONSIDERATIONS IN PROVIDING PERFORMANCE ALLOWANCES FOR THE PROCESS OF EXAMINING DISCIPLINARY VIOLATIONS FOR STRUCTURAL OFFICIALS WITHIN THE MINISTRY OF LAW AND HUMAN RIGHTS IN VIEW OF DISTRIBUTIVE JUSTICE Iswanti, Anis; Karim, Dr.
YURIS: Journal of Court and Justice Vol. 3 Issue 3 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj/v3i3.632

Abstract

Performance allowances are one of the incentives often used in public administration to encourage employee performance. However, in the context of examining disciplinary violations against structural officials, careful policy considerations are necessary in order not only to focus on punishment, but also to encourage behavioral improvement. This research adopts the normative juridical method, which refers to regulations on Civil Servant discipline and provisions regarding the provision of performance allowances within the Ministry of Law and Human Rights, as well as other supporting regulations. This analysis aims to examine the considerations of direct superiors in granting performance allowances and the underlying distributive justice mechanism. The research highlights the critical role of direct supervisors in deciding performance allowances for structural officials involved in disciplinary violations. Key considerations include the severity of the violation, corrective actions taken, and the impact on the organization. Decisions should be evidence-based, fair, and aligned with effective personnel management principles, maintaining distributive justice to avoid discrimination or favoritism. Performance allowances should be granted based on objective criteria, such as actual performance and contributions to the organization, to uphold employee trust and morale. Transparent and measurable policies, along with clear communication between supervisors and officials, are essential for fair and sustainable management of performance allowances in the context of disciplinary reviews.
ANALYSIS OF THE SOCIAL FUNCTION OF LAND RIGHTS FOR PUBLIC INTEREST Safitri, Adelia; Sugiharto, Dr.
YURIS: Journal of Court and Justice Vol. 3 Issue 3 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i3.634

Abstract

This research examines the evolution of land rights in Indonesia, focusing on their social function. Drawing on von Savigny's perspective, which emphasizes the influence of family, nation, and state on law and culture, this research  explores how these factors have shaped Indonesian land rights, blending customary and European legal traditions. This research aims to analyze the shift in land rights following the enactment of the Basic Agrarian Law (UUPA) in 1960, which transformed land control from communal and religious systems to state regulation for the benefit of the people. The UUPA establishes that all land rights carry a social function, requiring their use to align with public interest and community welfare. Using a normative juridical approach, this research reviews key legal frameworks, including Law No. 5 of 1960 and Law No. 2 of 2012. The research findings reveal that the state plays a central role in ensuring the social function of land, particularly through policies that balance individual rights with public benefit, aligning with utilitarian ideals. This research concludes that while land rights are guaranteed under Indonesian agrarian law, their social function is prioritized, ensuring land use serves public interest and promotes equitable development.
AN IMPLEMENTATION OF CHILD CUSTODY DECISION AFTER DIVORCE: A STUDY IN MONDOLUKU VILLAGE, WRINGINANOM, GRESIK Suhessyani, Anggrita Esthi; Permanasari, Lolita; Munawaroh, Siti; Saraswati, Arya Made Sridevi
YURIS: Journal of Court and Justice Vol. 3 Issue 4 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i4.641

Abstract

Marriage is an internal bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family. However, domestic harmony requires sustained effort and mental and material preparations. When conflicts in marriage are not resolved, divorce is often an option. This research aims to understand the practice of implementing decisions related to child custody after divorce in Mondoluku Village, Wringinanom, Gresik. The method used is qualitative with data collection techniques through interviews, observations, and document studies. The results showed that many divorced couples do not implement court decisions related to child custody, which has a negative impact on children’s welfare. The obstacles involved a lack of understanding of the law and economic constraints. Efforts from relevant parties, such as community leaders and local government agencies, in providing legal education and mediation have been implemented, but their effectiveness still needs to be improved. Therefore, this research is able to offer a comprehensive overview of child custody protection after divorce, which requires better coordination and increased resources to ensure children’s welfare. The research highlights that determining child custody involves various administrative and procedural steps, requiring cooperation among families, courts, and social institutions to prioritize the child’s best interests. It also points out challenges such as inadequate public understanding of custody, limited resources, and the psychological effects on children, which impact the effectiveness of custody implementation after divorce.
LAW ENFORCEMENT AGAINST POLICE OFFICERS INVOLVED IN DRUG ABUSE BASED ON JUSTICE VALUES Budiarsih, Budiarsih; Sushanty, Vera Rimbawani
YURIS: Journal of Court and Justice Vol. 3 Issue 4 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i4.662

Abstract

Drug abuse in Indonesia is a serious problem that not only involves the general public, but also law enforcement officials, including the police. This study aims to find out the punishment in deciding cases of criminal acts of narcotics abuse by members of the Police and what are the obstacles faced in the investigation process against members of the National Police who commit crimes of narcotics abuse. This research includes normative juridical research with descriptive research type. Sources of data in this study using library research, field as well as secondary data and primary data. Data analysis uses qualitative. Based on the results of the discussion, it can be concluded that the process of law enforcement against members of the police who are ensnared in cases of criminal acts of drug abuse is in accordance with the applicable laws and regulations, where in the enforcement process both are carried out at the police level (investigation and investigation stages), at the prosecutor's level (the prosecution stage) up to the judicial level (judge's decision), the whole is the same as if the general public committed the crime of narcotics abuse. The legal process against the police is in accordance with Article 29 Paragraph (1) of Law No. 2/2002 concerning the Indonesian National Police. The process of enforcing the police professional code of ethics for members of the police who are caught in criminal cases of narcotics abuse has not been carried out to the fullest extent possible where the police do not directly take firm action against members who are caught in criminal cases of narcotics abuse, as if the police are still protecting their members and it is considered that after their members have been tried in court general court and found guilty of committing a narcotic crime.
CRIMINAL LIABILITY OF ILLEGAL CIGARETTE SMUGGLERS IN PEMATANGSIANTAR: Study of Decision No. 213/Pid.B/2023/PN Pms Simbolon, Krisna Uli; Sihotang, Lesson; Gultom, Meli
YURIS: Journal of Court and Justice Vol. 4 Issue 1 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i1.690

Abstract

Illegal cigarette smuggling is an illegal act that results in a loss of state revenue and creates unfair economic competition. Therefore, to prevent this practice, the government has imposed an excise policy. However, in reality, this effort has not been able to fully suppress the smuggling of illegal cigarettes. This is proven by the prevalence of smuggling cases, even though the perpetrators have been subject to criminal sanctions. This research examines two main problems on how the juridical review of the sanctions implementation related to the purpose of punishment for perpetrators of the illegal cigarette smuggling crime in Decision No. 213/Pid.B/2023/PN Pms, and the judge's strategy in imposing a decision in order to create legal certainty and justice. This is a normative legal research where the results indicate that the implementation of criminal sanctions of a one year and six months prison sentence for the illegal cigarette smugglers in the case is still relatively light and has not provided a deterrent effect, both for the perpetrators and the wider community. Therefore, it is necessary to impose heavier criminal sanctions as a form of legal liability for the perpetrators. In addition, judges in making decisions must consider juridical and non-juridical aspects. It does not only focus on juridical aspects, but also needs to consider non-juridical factors in order to prevent errors and manipulation in the examination of cases and the implementation of sanctions against defendants.
CRIMINAL LIABILITY OF ONLINE GAMBLERS ON THE INVINCIBLE ELEPHANT PLATFORM: Study of Decision No. 1681/Pid.Sus/2024/PN MDN Simamora, Afric; Manullang, Herlina; Sihotang, Lesson
YURIS: Journal of Court and Justice Vol. 4 Issue 1 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i1.704

Abstract

Gambling, traditionally viewed as a crime, has evolved with the internet, leading to significant social issues, including addiction and financial distress among participants. This research addresses the growing concern of online gambling, particularly on the Invincible Elephant platform, which has become increasingly accessible due to technological advancements. This research focuses on the legal implications and criminal liability of individuals engaging in online gambling activities, as highlighted in Decision No. 1681/Pid.Sus/2024/PN MDN. The rise in online gambling has raised questions on the adequacy of existing laws and the effectiveness of enforcement measures against such activities. This research aims to analyze the criminal liability of online gamblers on the Invincible Elephant platform and to understand the judicial considerations in imposing sanctions on these individuals based on the aforementioned legal decision. This research employs a normative legal methodology, utilizing secondary data that includes primary legal materials, such as the relevant decision and laws, as well as secondary sources like books and journals related to online gambling. The analysis is descriptive, aiming to provide a clear depiction of the issues surrounding online gambling crimes. Findings indicate that online gambling not only poses a risk to individual players, but also contributes to broader societal problems, including increased crime rates and social disruption. It is revealed that the legal framework surrounding online gambling is still evolving, necessitating further regulatory measures to address the challenges posed by this modern form of gambling.
INSURANCE COMPANIES' LEGAL OBLIGATIONS FOR ACTS OF DEFAULT RELATED TO CONSUMER PROTECTION Siregar, Dahris
YURIS: Journal of Court and Justice Vol. 4 Issue 3 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i3.743

Abstract

A company that can handle all the risks that its clients face is the insurance business. Once the parties have achieved their respective goals, the insurance agreement can be successfully executed. One of the defaulting parties causes the agreement not to be effectively executed. However, what if the insurance provider defaults and violates the contract with the policyholder. The problem of this research is how to hold insurance companies legally accountable for their defaults and the types of settlements reached in the event of a dispute. Finding out how policyholders are legally protected against insurance company defaults is the aim of this study. This study uses a normative juridical approach. Based on the results of the study, the insurance company's default is legally responsible for fulfilling its obligations to policyholders who suffer losses in terms of filing claims, where the obligation of the insurance policyholder's customer is to pay premiums and the policyholder's customer's right is to receive compensation in the event of a claim. There are two ways to settle an insurance dispute: in court and out of court. Through the court, if the insurance dispute does not find a common ground between the insurer and the insured, out-of-court dispute resolution can be pursued through the BMAI dispute resolution institution through mediation, adjudication, and arbitration. Legal protection for policyholder customers by having authentic evidence, namely the policy.
LEGAL PROTECTION FOR SELLERS IN ONLINE TRANSACTIONS WITH CASH ON DELIVERY (COD) PAYMENTS AT PT SHOPEE INTERNASIONAL INDONESIA Prabowo, Mafira Bimo Giri; Darmoko, Murry
YURIS: Journal of Court and Justice Vol. 4 Issue 1 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i1.758

Abstract

COD is a popular payment method in our society nowadays. However, this payment method may present additional risks for sellers, particularly related to the uncertainty of receiving payment and goods. This study aims to analyze legal protection for sellers in online transactions using the Cash on Delivery (COD) payment method at PT Shopee International Indonesia. The research employs a normative approach by examining relevant regulations, including the Consumer Protection Law and Shopee’s policies. The findings indicate that legal protection for sellers in the COD method is still suboptimal. A major challenge is the unclear responsibility between the platform, courier, and buyer. Additionally, there is a risk of loss for sellers when buyers refuse to accept goods or return them without valid reasons. Although Shopee provides some protective measures, such as complaint services and guarantees, the implementation and oversight of these protections need to be strengthened to minimize seller losses. This study recommends the need for clearer regulatory enforcement and closer cooperation among e-commerce platforms, the government, and sellers to ensure adequate legal protection for sellers in COD transactions.
THE JURIDICAL REVIEW OF PROPERTY STATUS OVER THE ASSETS OF AN INDIVIDUAL CORPORATION UNDER POSITIVE LAW AND ITS’ IMPACT ON THE INDONESIAN ECONOMY Kusumadjaja, Brilianto Putra; Ngaisah, Siti
YURIS: Journal of Court and Justice Vol. 4 Issue 1 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i1.761

Abstract

The Indonesian government has been actively facilitating business operations for both domestic and foreign entrepreneurs, as evidenced by the enactment of Law No. 6/2023, which amends the previous Job Creation Law (Law No. 2/2022) to enhance the business environment in Indonesia. Despite the positive intentions behind the Job Creation Law, there exists a vagueness in the norms regarding property rights for individual companies. This uncertainty has led to confusion among business actors and government officials, particularly concerning the issuance of land rights certificates. The primary aim of this research is to analyze and compare the impact of individual companies, as introduced by the Job Creation Law, on Indonesia's economy. The study seeks to clarify the legal position of property rights over individual company assets and their implications for the national economy. This research employs a normative juridical legal research methodology, utilizing a statutory approach and a conceptual approach. The authors examine relevant laws, regulations, literature, and articles to understand the legal framework surrounding property rights and their economic impact. The findings indicate that individual companies, as part of the Job Creation Law, have a positive influence on Indonesia's national economy. The contribution of micro and small enterprises (MSEs) to the Gross Domestic Product (GDP) has been significant, with their share increasing over the years, demonstrating their vital role in economic stability and growth.

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