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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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THE LEGAL PROTECTION OF MINORITY SHAREHOLDERS AGAINST COMPANY CONSOLIDATION IN THE PERSPECTIVE OF THE LIMITED LIABILITY COMPANY LAW Novanda, Ni Putu Rosita; Mahendrawati, Ni Luh Made; Styawati, Ni Komang Arini
YURIS: Journal of Court and Justice Vol. 4 Issue 2 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i2.762

Abstract

Company consolidation is one of the legal actions that can significantly impact shareholders, predominantly minority shareholders. Law No. 40/2007 on Limited Liability Companies (UUPT) stipulates that in the consolidation process, the rights of minority shareholders must still be considered, including the right to request the purchase of their shares at a fair price if they disagree with the decision of the General Meeting of Shareholders (GMS). However, in practice, implementing legal protection for minority shareholders still faces various challenges, especially regarding legal certainty and the mechanism for exercising their rights. This research aims to provide a comprehensive understanding of the legal landscape surrounding minority shareholders in the context of company consolidations, highlighting both existing protections and areas needing reform. This research uses normative legal research methods with statutory and conceptual approaches. The results show that although Article 62 of the UUPT gives minority shareholders the right to sell their shares to the company in certain situations, the absence of clear sanctions for companies that fail to carry out this obligation causes legal uncertainty. Therefore, a firmer legal reconstruction is necessary, including providing administrative sanctions and compensation for companies that do not fulfil their obligations. In addition, dispute resolution mechanisms can be implemented through litigation and non-litigation channels, such as mediation and arbitration, to provide more effective protection for minority shareholders.
THE EFFECTIVENESS OF ALCOHOLIC BEVERAGE DISTRIBUTION CONTROL THROUGH BULELENG REGENCY REGULATION NO. 9 OF 2016 Premasanti, Nyoman Asri; Mahendrawati, Ni Luh Made; Styawati, Ni Komang Arini
YURIS: Journal of Court and Justice Vol. 4 Issue 2 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i2.771

Abstract

The circulation and sale of alcoholic beverages in Buleleng Regency remain prone to violations, particularly regarding business licensing and permitted trading locations. Despite existing regulations, supervision is often ineffective, allowing unauthorized sales and non-compliant business operations. Challenges in enforcement contribute to ongoing violations. This study aims to evaluate the effectiveness of supervision over the circulation and sale of alcoholic beverages in Buleleng Regency and identify key obstacles hindering proper enforcement. This research uses an empirical legal method to examine the gap between law and social reality through juridical and sociological approaches, supported by qualitative analysis of observations, interviews, and documentation linked to legal theories and regulations. The supervision of alcoholic beverage sales in Buleleng Regency is carried out through guidance, field inspections, and enforcement by an Integrated Team of various technical agencies. However, this supervision has not been fully effective, as the goals outlined in the regulations have not been achieved. Many businesses still operate without licenses and violate location restrictions. Several factors hinder effective implementation, including weak enforcement, overlapping responsibilities among agencies, low legal awareness among business owners, and limited public understanding of the health and social impacts of alcohol consumption.
THE LEGAL FRAMEWORK OF LOCAL GOVERNMENT POLICY IN ADMINISTERING HOUSING AND SETTLEMENT AREAS IN BULELENG REGENCY Suastawan, Nyoman Adi; Styawati, Ni Komang Arini; Rideng, I Wayan
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.v4i3.790

Abstract

The regulation and policy framework established by the Buleleng Regency Government concerning the administration of housing and settlement areas demonstrates a strategic legal approach to spatial development. This research examines the normative design and practical enforcement of housing governance in Buleleng Regency, with particular attention to the legal effectiveness of Regent Regulation No. 40 of 2023 as the implementing instrument of Regional Regulation No. 12 of 2022 on the Administration of Housing and Settlement Areas. Employing an empirical legal research method, the study investigates the gap between written law (law in books) and actual practice (law in action) using a juridical-analytical approach. Primary data were collected through interviews and subsequently analyzed qualitatively in conjunction with legal theories, academic literature, and statutory regulations. The findings indicate that the provision on the minimum access road width, as stipulated in the Regent Regulation, has been relatively effective in practice. However, a significant number of developers continue to carry out housing development outside of the designated residential zones. One of the main implementation challenges lies in the fact that many plots located within housing and settlement zones do not meet the required road width standard, thereby complicating compliance with the regulation.
COMPARATIVE STUDY OF THE CRIMINAL REGULATION OF HOMOSEXUAL ACTS IN INDONESIAN AND MALAYSIAN LAW Tsabitha, Calista Marsha; Rosmaya, Ina
YURIS: Journal of Court and Justice Vol. 4 Issue 2 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i2.793

Abstract

Homosexuality is often debated in the world community. Many countries are against homosexuals. However, some are also in favor of these social deviations. Indonesian society considers homosexuality deviant and violates religious rules. Likewise in Malaysia, which has a background of not legalizing same-sex marriage and instead criminalizing it. This research aims to compare the legal regulation of homosexuality in the perspective of Indonesian criminal law and Malaysian criminal law. As well as to find out matters related to the regulation of homosexual criminal law in Indonesia and Malaysia. The method used in this research is normative research, namely by using various secondary data including laws, court decisions and legal theories. This research found various differences and similarities in regulating homosexuals from the perspective of the legal regulations of the two countries. Indonesia has legal rules for homosexual offenders who intentionally commit same- sex sexual abuse by minors in Article 292 of the Criminal Code. In particular, homosexual acts have no binding legal rules and are still a legal vacuum. Whereas Malaysia considers homosexuality a sexual deviation that needs to be strictly punished according to the state 377AB Kanun Keseksaan or Malaysia Code Penal and Sharia law. In terms of legal sanctions, Indonesia has similarities, namely imprisonment, fines, and whipping. Whipping for all Muslims in Malaysia who commit homosexual crimes. Meanwhile, flogging in Indonesia is specifically stipulated in the Aceh region which violates the rules, one of which is homosexuality or liwath.
A COMPARATIVE CRIMINAL LAW ANALYSIS OF SEXUAL VIOLENCE WITHIN DOMESTIC CONTEXTS: PERSPECTIVES FROM INDONESIA AND MALAYSIA Purnamasari, Rycha Widy; Widoyoko, Wredha Danang
YURIS: Journal of Court and Justice Vol. 4 Issue 2 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i2.795

Abstract

This research addresses domestic sexual violence as a hidden crime where victims choose not to report due to family disgrace concerns, causing high dark numbers. The study employs a normative legal research methodology, utilizing various legal materials including laws, court decisions, and legal theories through comparative and statutory approaches to analyze Indonesian and Malaysian criminal law frameworks. The research reveals that Malaysian law classifies sanctions for domestic sexual violence suspects based on victim categorization, whereas Indonesian law lacks such classification systems for sanctions against suspects based on their victims. However, Indonesia explicitly regulates who is protected by law and applies much more severe sanctions against domestic sexual violence perpetrators compared to Malaysian criminal law. The findings demonstrate that based on joint punishment theory, sanctions applied to domestic sexual violence perpetrators must serve dual purposes as deterrent and deterrence effects, intended to prevent perpetrators and potential offenders from repeating such crimes. This comparative analysis contributes novel insights into the differential approaches between Indonesian and Malaysian legal systems in addressing domestic sexual violence, highlighting Indonesia's more comprehensive punitive framework while identifying Malaysia's victim-based classification system as a distinctive feature in determining appropriate sanctions for domestic sexual violence cases.
PROBLEMS IN THE IMPLEMENTATION OF COMPLETE SYSTEMATIC LAND REGISTRATION (PTSL) IN JOMBANG REGENCY Permanasari, Lolita; Ngaisah, Siti
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.v4i3.782

Abstract

Land registration is a critical government activity aimed at recording and maintaining physical and juridical data for land parcels, ensuring legal certainty for land rights holders. In Jombang Regency, despite 76.7% of 592,744 land parcels being titled, 100% titling has not been achieved. The government introduced the Complete Systematic Land Registration (PTSL) program, facilitated by Ministerial Regulations, to accelerate this process and provide legal certainty. However, the implementation of PTSL in Jombang Regency faces significant challenges, making it an important area for study. This research aims to analyze the implementation of the PTSL program in Jombang Regency, focusing on the challenges faced and the obstacles affecting its effectiveness in achieving legal certainty and reducing land disputes. This research uses an empirical juridical approach with a sociological juridical focus, drawing on primary data from interviews with the Jombang Regency Land Office and secondary data from laws and regulations related to land registration and PTSL, including Law No. 5/1960 and various government and ministerial regulations. This research revealed several technical constraints impacting PTSL implementation in Jombang Regency. These include a lack of human resources, limited timeframes for completion, insufficient public awareness regarding administrative requirements, and challenges in socialization and counseling. Further obstacles involve difficulties in retrieving and collecting juridical data, issues with physical data measurement due to terrain, and problems with certificate submission. Additionally, legal issues, particularly those related to inheritance and lost proof of ownership (Letter C), significantly impede the process.
EXPLOITATION OF THE ELDERLY IN THE PHENOMENON OF ‘CYBER BEGGING’ ON TIKTOK: A VICTIMOLOGICAL PERSPECTIVE Amalia, Bunga Rizky; Nuroini, Indi
YURIS: Journal of Court and Justice Vol. 4 Issue 2 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i2.806

Abstract

The emergence of cyber begging on digital platforms such as TikTok has raised serious legal and ethical concerns, particularly when involving vulnerable populations like the elderly. This study examines the phenomenon of elderly individuals participating in live-stream content on TikTok, where they are often depicted in humiliating or infantilizing situations in exchange for virtual gifts. Using a normative legal research method, this paper analyzes whether such practices can be categorized as criminal exploitation under Indonesian law, particularly Law No. 21 of 2007 on the Eradication of Human Trafficking and related statutory instruments. The study adopts a victimological perspective to argue that apparent consent does not negate victimhood when participation is shaped by structural conditions such as poverty, digital illiteracy, or dependency. Furthermore, the principle of legal certainty is employed to highlight the inadequacy of current legal frameworks in addressing emerging forms of digital exploitation. The findings suggest that while cyber begging may appear voluntary, it often reflects deeper patterns of coercion and asymmetrical benefit, warranting clearer legal recognition and protective policies. This research contributes to the discourse on elder justice, digital labor ethics, and the evolution of criminal law in the digital age.
REFORMULATION OF INDONESIAN HOUSE OF REPRESENTATIVES TERM PERIOD RULES TO REALIZE LEGAL CERTAINTY AND JUSTICE Banuoka, I Gede Adhi Maha Krisna; Yusa, I Gede
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.v4i3.817

Abstract

The purpose of this paper is to examine and analyze the legal regulations regarding the term of office of the Indonesian House of Representatives and to examine and analyze the reformulation of the rules regarding the term of office of the Indonesian House of Representatives in realizing justice and legal certainty. This research is expected to provide benefits in the form of a legal understanding of the importance of clear regulations related to the limitation of the term of office of the House of Representatives and to contribute ideas in the field of Legal Science. The ambiguity of norms underlies this paper using normative legal research methods through a statutory approach and a comparative approach analyzed using descriptive, argumentative, and evaluative techniques. The results of the study indicate that Article 76 paragraph (4) of the MD3 Law stipulates that “The term of office of DPR members is 5 (five) years and ends when the new DPR members take the oath/promise.” From this article, it can be interpreted that although the term of office of the DPR has been clearly regulated for 5 years, the limit on how many times a person can be elected to the DPR is not expressly regulated so that it is necessaryReformulated to be “The term of office of DPR members is 5 (five) years and ends when the new DPR member takes the oath/promise and is only for two terms of office.” Or further regulated in paragraph (5) that “Each DPR member is limited to 2 terms of office.”In order to provide legal certainty, there are term limits for all high state institutions, thereby guaranteeing justice in fulfilling the constitutional rights of the people as a democratic nation.
IMPLEMENTATION OF LAND TITLE CERTIFICATE REVOCATION AS A FOLLOW-UP TO COURT DECISIONS: A CASE STUDY OF MADIUN DISTRICT COURT DECISION NUMBER 30/PDT.G/2020/PN.MAD Cahyadi, Agus
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.v4i3.844

Abstract

The Land Title Certificate constitutes a legal instrument in the field of land administration, issued by the Ministry of Agrarian Affairs and Spatial Planning as the formal outcome of land registration processes. While the issuance of a Land Title Certificate provides legal certainty to the holder, it does not completely preclude the emergence of future disputes. One such case involved a Request for the Revocation of Ownership Certificate No. 01/Kel. Taman, which was grounded in Madiun District Court Decision No. 30/Pdt.G/2020/PN.Mad, a ruling that had obtained permanent legal force. The revocation request was subsequently submitted to the Madiun City Land Office for further action. The procedure implemented by the Madiun City Land Office adhered to the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency No. 21 of 2020 concerning the Handling and Resolution of Land Cases. This research adopts a normative juridical approach with a statutory perspective to examine two core issues: the legal framework governing the revocation of land rights and the implementation of the Madiun District Court’s final and binding decision. The results demonstrate that the legal basis for revoking land title certificates is stipulated in the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency No. 21 of 2020 on the Handling and Resolution of Land Cases.
LEGAL PROTECTION FOR VICTIMS OF MURDER COMMITTED BY CHILDREN: A PERSPECTIVE OF THE INDONESIAN CHILD PROTECTION LAW Putra, Yoga Pramudyas; Sadjijono, Prof. Dr. Sadjijono
YURIS: Journal of Court and Justice Vol. 4 Issue 4 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i4.846

Abstract

Murder is a legal crime with the most serious criminal threat as regulated in the Criminal Code (KUHP) Article 338 KUHP and Article 340 KUHP for premeditated murder. Data from the Ministry of Women's Empowerment and Child Protection shows that 4% of children are perpetrators of criminal acts in murder cases. The Constitution of the Republic of Indonesia has outlined that every person has the right to legal recognition, provisions and protection. Legal protection given to children as perpetrators and victims as injured parties must be carried out in order to create legal certainty, the usefulness of the law and legal justice. The research method used is the normative juridical legal research type. This thesis analysis results that legal protection is provided to child perpetrators and victims through the victim's family during the investigation process until the court decision. This is done to protect the rights of victims and children as perpetrators of murder fairly. Responsibility for children as perpetrators of murder is given by the court in accordance with the Child Protection Law with a maximum sentence of ½ (one half) of the maximum sentence punishable against an adult.

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