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JURMA YUSTISI
Published by Universitas Ibn Khaldun Bogor
ISSN : -     EISSN : 30255309     DOI : https://doi.org/10.32832/jurmayustisi
Core Subject : Education, Social,
Education Law, Crime, Criminology & Criminal Justice
Yustisi Law Student Journal is a periodical Scientific Journal published by the Faculty of Law, Ibn Khaldun University of Bogor three times a year, namely in February, June and October. Yustisi Law Student Journal has a vision to become a leading scientific journal in disseminating and developing thoughts in the field of law. The editor of the Yustisi Law Journal, accepts Manuscripts of Research Articles, Review Articles and Book Review Articles that are in accordance with the systematic writing of the categories of each article that have been determined by the editor. The focus of this Journal is the Criminal Law Group, the Civil Law Group, and the Constitutional / State Administration Law Group.
Arjuna Subject : -
Articles 83 Documents
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Cancellation Of Marriage Between Cinderela And Prince Based On Law Number 1 Year 1974 On Marriage Ahdiat, Mulki; Purwaningsih, Prihatini; Iskandar, Dadang
JURNAL MAHASISWA YUSTISI Vol. 1 No. 1 (2023)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v1i1.226

Abstract

Nowadays, marriage is not only in the form of traditional ceremonies of belief or religion, but administrative recording is also needed for administrative purposes. Article 2 paragraph 2 of Government Regulation No. 9 of 1975 concerning the Implementation of Law No. 1 of 1974 concerning Marriage states that the registration of marriages of those who solemnise their marriages according to their religions and beliefs other than Islam, is carried out by the Marriage Registrar at the Civil Registry Office. This means that the Population and Civil Registry Office is tasked with recording and examining the truth of the occurrence of a person's marriage from certain religious leaders. But what if the Population and Civil Registry Office in carrying out its duties has been mistaken or at least the Population and Civil Registry Office did not verify the Prince's marriage report correctly. If it is related to the case of cancellation of marriage between Cinderela and Cinderela, it is due to the unprofessionalism of the Population and Civil Registry Office in the DKI Jakarta jurisdiction. Because the Department of Population and Civil Registry in the jurisdiction of DKI Jakarta has issued a marriage validation letter on behalf of Prince and Cinderela dated 8 January 2014, it is null and void, because the evidence base of the validation letter is a marriage blessing letter from the True Jesus Church on Jalan Samahudi, Central Jakarta, which states that Prince and Cinderela have undergone a blessing on 11 December 2013, which is declared fictitious or invalid. Thus, juridically, the marriage on behalf of Prince and Cinderela is declared invalid and deemed never to have occurred, but the decision to cancel the marriage does not apply retroactively to Prince's children with Cinderela.
The Effectiveness Of Electronic Registration Of Mortgage Rights Electronically At The Land Office Bogor City Riswanti, Gita; Bhudiman, Budy; Fajri, Ibrahim
JURNAL MAHASISWA YUSTISI Vol. 1 No. 1 (2023)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v1i1.227

Abstract

The development of the current era of globalisation includes the field of technology, especially in the registration of Mortgage Rights, which used to be done manually and took a lot of time to register. Along with the development of technology and the application of e-Government applications, everything can be done electronically or online, and make registration easier and save a lot of time. One of these services is the electronic mortgage service (HT-el). However, the application of electronic Mortgage Rights will get obstacles at the beginning, especially regarding the knowledge of its users. The research method used is empirical juridical. Mortgage encumbrance must meet the requirements of speciality and publicity. The principle of speciality in granting HT must be fulfilled. The principle of speciality is a principle that requires that mortgage rights can only be imposed on specific land. The principle of speciality guarantees that it is in accordance with the identity of the parties, the place of residence, as well as the certainty of the amount of debt, the value of the mortgage and the object used as collateral along with the value of the mortgage in accordance with what is contained in the APHT. After the APHT is made, the PPAT is obliged to register it at the Land Office, even though it is not an interested party, by sending the relevant APHT along with other necessary documents. The registration is a form of fulfilment of the publicity requirement. The rules regarding this registration are stipulated in Article 13 and Regulation of the Minister of Agrarian Affairs/Head of BPN number 5/1996 and Letter of the Minister of Agrarian Affairs/Head of BPN dated 26 June 1996 number 630.1-1826. Since 8 October 1997, it has been regulated in Ministerial Regulation 3/1997. In its application, it is regulated in detail in the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 5 of 2020 on Electronically Integrated Mortgage Services.
Legal Consequences Of Default In Agreement Sale And Purchase Of Land Rights Hardi, Prima Lestari; Daming, Saharuddin; Mustika, Desty Anggie
JURNAL MAHASISWA YUSTISI Vol. 1 No. 1 (2023)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v1i1.228

Abstract

Law in its purpose to regulate daily life in society has been divided into two parts, namely Private Law, which regulates legal relations between one person and another, and Public Law, which regulates legal relations between legal entities. An engagement is one part of private law, which can be interpreted that in an engagement relationship this involves individual parties who bind themselves to each other which in the future will have legal consequences in the form of rights and obligations that have been mutually agreed upon in the agreement that has been agreed upon by the willing parties. If one of the willing parties does not fulfill his obligations in an agreement, then the party who does not fulfill his obligations is declared to have defaulted so that the other party in the agreement does not get the rights he should get from the fulfillment of that obligation. To know more clearly about the legal consequences of default in Indonesian binding law, the problems raised in this paper are: 1. How is the application of the legal consequences of default in Bogor District Court Decision Number 181/Pdt.G./2020/PN Bgr? 2. How is the legal protection of the rights of the injured party in default in Bogor District Court Decision Number 181/Pdt. G/2020/PN Bgr? The author uses a normative juridical method that uses sources of information.
Patterns Of Law Enforcement Against Premeditated Murder Tirtaraharja, Pirman; Hilman, Didi; Hartini, Sri
JURNAL MAHASISWA YUSTISI Vol. 1 No. 1 (2023)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v1i1.229

Abstract

The strategy used in this research is unmistakable Examination, which is a critical thinking method that is concentrated on interpreting information obtained from the field both from essential information and optional information obtained from writing and field studies, while the procedure for selecting information is carried out by perception and encounter. From the consequences of the review, the creator surmised that the elements that cause premeditated murder are: 1. Monetary and Social Elements, Family Variables, Mental Elements, and Ecological Variables. Guidelines for Criminal Regulations on Examples of Requirements How the guidelines for Criminal Regulations against Perpetrators of Planned Murder in the Criminal Code, Law, Islamic Regulations and Standard Regulations are unique, Assuming the Criminal Code is according to Article 340 of the Criminal Code, If according to the Statute contains guidelines Criminal regulations against perpetrators of planned murder depend on the choice of past judges by examining and considering similar cases, based on Islamic regulations in the event that a person commits premeditated murder, he will be punished by the qisash regulations, and according to standard regulations assuming a person commits premeditated murder, he will be punished according to customary customs for each local which is completely in accordance with the traditions and customs of the area.
Parking Retribution At Leuwiliang Terminal Bogor Regency According To Law No. 28 Year 2009 Andika, Dika Dwiputra; Hartini, Sri; Mustika, Desty Anggie
JURNAL MAHASISWA YUSTISI Vol. 1 No. 1 (2023)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v1i1.230

Abstract

This research uses the Normative Juridical method, which concentrates research on secondary data sources (Library Research). In this research, data obtained from the literature and data obtained from the field after being collected are analyzed. In carrying out the supervision of the Bogor Regency Transportation Agency in increasing parking retribution according to Law Number. 28 of 2009 (Study at Leuwiliang Terminal, Bogor Regency). Assisted by the provisions of regional regulations that apply based on legislation and to realize the principle of regional autonomy, namely Bogor Regent Regulation Number 32 of 2021 concerning the Implementation of Motor Vehicle Parking. The obstacles of the Bogor Regency Transportation Agency include geographical factors, human resource factors, factors of holidays and national leave, factors of obedience of parking service users and supervision factors from the Bogor Regency Transportation Agency that are not optimal enough in supervising the parking at Leuwiliang Terminal, Bogor Regency, as a result many of the parking spots do not generate retribution. The efforts of the Bogor Regency Transportation Agency in increasing parking retribution at Leuwiliang Terminal, Bogor Regency, such as routine activities to conduct various evaluation monitoring on the performance of members of the Transportation Agency and also the parking area, collecting data and inventorying parking violations, supervising parking organizers and parking attendants and monitoring the parking area.
Responsibility of Business Actors in regards to Motorbike Transportation as a Public Transportation Based on Applications Yafi Romli, M. Al; Purwaningsih, Prihatini; Mustika, Desty Anggie
JURNAL MAHASISWA YUSTISI Vol. 1 No. 2 (2023)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v1i2.572

Abstract

This journal discusses the responsibilities of businesses operating motorcycle taxis as public transportation using an app-based system. The purpose of this journal is to analyze the legal aspects related to the operation of motorcycle taxis as app-based public transportation and to discuss the obligations of businesses in carrying out operational activities and providing services to users. This research uses a normative juridical research method to analyze and assess the legal aspects related to the operation of motorbike services as app-based public transportation. It also identifies the legal obligations that must be complied with by business operators in operating motorbikes as public transportation. The research findings indicate that the operation of motorbikes as app-based public transportation entails specific obligations and significant responsibilities, particularly regarding security, data confidentiality, and customer protection. Therefore, business operators who operate motorbikes as app-based public transportation have an obligation to ensure that their operational activities comply with applicable regulations and adhere to the obligations established in consumer protection laws. This journal provides recommendations that effective law enforcement and the dissemination of knowledge about the rights and obligations of service users and business operators can help ensure that motorbikes as app-based public transportation provide optimal benefits to society.
Legal and Human Rights Review of The Implementation Of Prenuptial Agreements Based On The Principles Of Propriety, Fairness and Good Faith Nursyamsiah, Ayu; Daming, Saharuddin; Ratnawaty, Latifah
JURNAL MAHASISWA YUSTISI Vol. 1 No. 2 (2023)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v1i2.573

Abstract

Prenuptial agreement one of the legal tools that can be used to defend the rights of husband and wife, they have opportunity to be open to each other, express opinions, agreed wishes and do not harm. Article 1338 of the Indonesian Civil Code and Article 1339 of the Indonesian Civil Code, are absolute in accordance with the principles of propriety, justice and good faith. Problem statement: stakeholders' views on the implementation of prenuptial agreements based on propriety, justice, good faith and human rights, and the principles of propriety, fairness and good faith can be applied in prenuptial agreements and their application in accordance with human rights standards. Type of research: empirical normative. Result: the implementation of the prenuptial agreement is carried out with due regard to propriety, fairness and good faith of the parties, it is not allowed to reduce and violate the rights of the other party, if that happens it can be submitted for cancellation to the court. The application of principles in accordance with human rights is by having equal opportunities to express needs in the prenuptial agreement properly, providing protection and justice to the couple, having good intentions respecting each other in good faith.
Effectiveness Of Implementing Electronic Traffic Law Enforcement (Etle) In Bogor City Law Area Satlantas Polresta Bogor City Sundarta, Muhammad Diwan; Hartini, Sri; Hilman, Didi
JURNAL MAHASISWA YUSTISI Vol. 1 No. 2 (2023)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v1i2.574

Abstract

This research is a study of the effectiveness of the implementation of Electronic Traffic Law Enforcement (ETLE) in Bogor City within the jurisdiction of the Bogor Municipal Police Traffic Unit. This study aims to find out how the implementation of Electronic Traffic Law Enforcement (ETLE) in Bogor City is a means of digitizing traffic violations or fines in the Bogor City community and to find out the efforts of the Bogor City Traffic Unit (Satlantas) in dealing with areas in Bogor City that do not yet have or have not reached Electronic Traffic Law Enforcement (ETLE). This research has descriptive analyst specifications using normative juridical methods based on data obtained through statutory law, scientific work, and field surveys, where the data that has been obtained is analyzed through the use of quantitative normative methods, which depart from positive legal provisions and arranged systematically without using mathematical models and systematic formulas. The result of this study is that the implementation of Electronic Traffic Law Enforcement (ETLE) in Bogor City has been carried out mobile and around, but not yet statically. Based on these results, the implementation of Electronic Traffic Law Enforcement (ETLE) in Bogor City has not been effective because the time and place of implementation are not fixed through mobile ETLE and mobile ETLE.
Implementation Of Resolution Of Juvenile Criminal Cases From The Criminal Justice Process To A Process Outside Of The Criminal Justice System (Diversion) Adewiyah, Rhabiatul; Hilman, Didi; Lestari, Nisa
JURNAL MAHASISWA YUSTISI Vol. 1 No. 2 (2023)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v1i2.575

Abstract

Children are regarded as valuable assets to society and the nation, requiring appropriate attention and care in order for them to undergo growth and development into healthy, happy, and successful individuals in the future. The increasing rate of juvenile delinquency year after year has various causes. Factors that contribute to juvenile delinquency leading to a child's involvement in criminal cases, and ultimately legal proceedings, include a lack of parental attention, pressure to meet livelihood demands, and feelings of desperation. In order to ensure protection for children involved in criminal acts, a diversion approach is adopted as an effort to resolve juvenile criminal cases without involving the juvenile justice process. Diversion provides an opportunity for children to rectify their mistakes and restore positive relationships, in line with Article 7 of Law Number 11 of 2012 on the Juvenile Criminal Justice System. The diversion process can be applied during the stages of investigation, prosecution, and court examination. The Law on the Juvenile Criminal Justice System regulates diversion in Articles 8 and 9, listing the conditions that must be met. One crucial requirement is that diversion must be done in the best interest of the child, following restorative justice principles, and involving the juvenile offender, juvenile victim, parents, social workers, and community guidance personnel. Furthermore, diversion is also subject to the condition that the offender has a criminal record of less than seven years and does not have a history of repeated criminal acts.
Juridical Protection For Consumers Using The Online Applications Iskandar, Orion; Al Afghani, M. Mova; Ratnawaty, Latifah
JURNAL MAHASISWA YUSTISI Vol. 1 No. 2 (2023)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v1i2.576

Abstract

(P2P) Peer to Peer Lending Accessible over the Internet, lending is a programme that offers cash loan services. The Covid-19 outbreak that devastated Indonesia last year continues to have an impact on the people who are living in poverty given the present economic climate. Since the goal of this study is to identify various methods of consumer protection against legitimate online loans, how these efforts may be implemented to guarantee regulation-legislation, and how to assess the role of the in consumer protection. The information received under the Code of Commercial Law, Act No. 8 of 1999 on Consumer Protection, POJK No. 77/2016 on Information Technology-Based Money Loan Services, Law No. 11 of 2008, and Act No. 19 of 2016 on Electronic Information and Transactions, will thereafter be used. The governing parties' and their ranks' actions will determine how this all turns out, and they have a heavy burden of duty in being able to put a stop to this wrongdoing and save the rank with accurate information.

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