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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.
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Articles 10 Documents
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Search results for , issue "Vol. 2 No. 1 (2024)" : 10 Documents clear
Responsibility Of Children As Perpetrators Of Criminal Acts Of Abuse That Cause The Death Of Minors Choirunnisa, Choirunnisa; Hilman, Didi; Lestari, Nisa
JURNAL MAHASISWA YUSTISI Vol. 2 No. 1 (2024)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v2i1.724

Abstract

One of the crimes of abuse that was committed by a child until the victim died, occurred in the jurisdiction of the Bogor City District Court with Decision Number 11/Pid.Sus-Anak/PN.Bgr, as the child who committed the abuse resulted in the victim's death. For the actions committed by the child as the perpetrator of a crime, the judge sentenced the child to 9 years in prison. The aim of this research is to determine the factors that cause children to commit criminal acts of abuse which cause death, criminal liability by children who commit abuse which causes death, as well as the application of sanctions to children who commit criminal acts of abuse which cause death in the Decision of the Bogor City District Court Number.11/Pid. Sus-Anak/PN.Bgr. The type of research used is normative juridical research using a statutory approach and a case approach, which is supported by data obtained from the literature, including books, statutory regulations and court decisions, and in this case the data is processed using qualitative analysis. Based on the research results, the factors that cause children to commit criminal acts of abuse that cause death include several factors, both internal and external factors. Criminal liability by children who are perpetrators of abuse that causes death can be seen as stipulated in Article 351 paragraph (3) of the Criminal Code, as criminal liability is imposed on the child when it is proven that the criminal elements have been fulfilled in the form of an error committed by the child, abuse that occurs. was properly carried out by the child, and the victim who was the victim of the abuse was known to have died during or after the abuse which resulted in death in the Decision of the Bogor City District Court Number.11/Pid.Sus-Anak/PN.Bgr, namely imposing a prison sentence to the child, therefore with a prison sentence of 9 years
The Role Of Specialized Children's Development Institutions For Children In Confence With The Law Jamhari, Muhammad Ari; Hilman, Didi; Mustika, Desty Anggie
JURNAL MAHASISWA YUSTISI Vol. 2 No. 1 (2024)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v2i1.725

Abstract

Children who are sentenced to crime at the Special Child Development Institution (LPKA) have the right to receive coaching, mentoring, supervision, mentoring, education and training, as well as other rights in accordance with the provisions of statutory regulations, the provision of education, skills training, guidance and fulfillment of other rights in accordance with with the provisions of the laws and regulations by LPKA. The problems in this research are: (1) What is the role of Special Child Development Institutions in the Development Process for Criminal Children
Legal Protection Of Consumers On The Act Of Forced Retrieval Motorized Vehicle (Mk Decision Number 57/Puu-Xix/2021 Concerning Affirmation That Leasing Cannot Forcibly Take Vehicle If The Debtor Resists) Gustiani, Hesti; Fajri, Ibrahim; Mustika, Desty Anggie
JURNAL MAHASISWA YUSTISI Vol. 2 No. 1 (2024)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v2i1.726

Abstract

Based on the Constitutional Court's Decision, an alternative has been provided regarding the forced retrieval of vehicles carried out by leasing companies if the debtor objects and resists. Creditors or leasing companies cannot unilaterally execute fiduciary collateral or other forms of security such as vehicles or houses if the debtor objects or defaults. In the Constitutional Court's Decision Number 57/PUU-XIX/2021, it establishes legal provisions for law enforcement authorities to take action against Debt Collectors assigned by the Leasing Company who forcibly retrieve debtors' vehicles. Leasing companies cannot simply conduct forced retrievals from debtors. In Decision Number 57/PUU-XIX/2021, the Court addressed the execution mechanism for withdrawing the creditor's goods that are the object of fiduciary guarantees. The Constitutional Court stated that the Fiduciary Guarantee Certificate does not automatically confer executive authority. Regarding default between the debtor and creditor, based on legal efforts in a lawsuit to establish default, an application for execution must first be submitted to the district court to retrieve the fiduciary collateral. However, companies are allowed to execute without going through the court provided that the debtor's obligation to settle their debt is not used as a reason for engaging in forms of intimidation or terror.
Legal Protection For Customers As Consumers Of Motor Vehicle Insurance Services (Decision Study Number: 24 PK / PDT / 2017) Pangesti, Hayuning Dyah; Ratnawaty, Latifah; Mustika, Desty Anggie
JURNAL MAHASISWA YUSTISI Vol. 2 No. 1 (2024)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v2i1.727

Abstract

Consumers of motor vehicle insurance services are entitled to legal protection under Decision Study Number 24 PK / PDT / 2017. Pangesti Hayuning Dyah NPM 191103011027. In the case that an insurance claim is denied by the insurance company without a good reason, the insured person's legal protection is crucial. This is done to make sure the insurance firm fulfills all of its responsibilities to protect the insured's rights. regarding the procedure for settling insurance claims. In light of the history mentioned above, there are various ways to formulate the problem, specifically: 1) Motor vehicle insurance policies that provide consumer protection. 2) the insurance company's form of liability under Decision Number 24 PK / PDT / 2017 for insurance claims. Normative legal research is the kind of research methodology to be used in order to address the problem formulation. The study's findings include consumer protection policies for auto insurance that are based on the Insurance Law, the Civil Code, and the PK Law. According to decision number 24 PK / Pdt / 2017, the form of insurance liability for motor vehicle insurance claims is, in the meantime, compensating the defendant in accordance with the filed insurance claim
E-Commerce Buy-Purchase Transactions Methods For Resoluting Consumer Disputes Relating To Items That Do Not Comply With The Agreement Bayu Aji, Muhammad Taufan; Purwaningsih, Prihatini; Mustika, Desty Anggie
JURNAL MAHASISWA YUSTISI Vol. 2 No. 1 (2024)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v2i1.728

Abstract

The process for handling customer complaints in online sales and purchases of goods that are not in compliance with such agreements are covered in this script. There are still gaps in the legal protection provided by these laws, although they have been set up to regulate the technical aspects of electronic commerce because parties who break agreements and trade online often cause damage to buyers and sellers in electronic transactions. One of the parties judged that the resolution would still be to their detriment. To the extent to which a law regulates and prosecutors are examined in this study use the normative-legal research design and approaches carried out at the level of horizontal synchronization. Determining Tokopedia's legal liability to users and the legal protection by parties engaged in electronic commerce is the aim of this study. Research findings show how consumers lack knowledge about their protection when making online purchases. Therefore, in the cases covered by these scripts, the buyer has little control and can only file a complaint through Tokopedia's electronic marketplace. In one of the cases covered in this script, a business actor acting as a seller has broken an agreement with a buyer. In fact, business actors acting in the capacity of the seller have acted in the scenario covered by this script against the interests of the buyer, or consumer, in electronic transactions
Juridical Analysis Of The Supreme Court Jurisprudence In Insurance Company Bankruptcy Law Reviewed From Law Number 37 Of 2004 Urrahman, M. Taopiq; Fajri, Ibrahim; Mustika, Desty Anggie
JURNAL MAHASISWA YUSTISI Vol. 2 No. 1 (2024)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v2i1.729

Abstract

This research aims to conduct a juridical analysis of the Supreme Court's jurisprudence in the context of insurance company bankruptcy law regulated by Law Number 37 of 2004. This research explores an in-depth understanding of Supreme Court decisions relating to insurance company bankruptcy cases, with a focus on legal aspects expressed in the jurisprudence. The research method used involves document analysis, especially Supreme Court decisions, as well as a juridical approach to identify and analyze key aspects in the context of insurance company bankruptcy law. It is hoped that the results of this analysis will provide a better understanding of the interpretation of the law by the Supreme Court and its impact on the handling of insurance company bankruptcy cases. It is hoped that the findings from this research can contribute to the development and understanding of insurance company bankruptcy law in Indonesia. Apart from that, this research can also be a basis for further discussion about improving or perfecting legal regulations related to insurance company bankruptcy to ensure the protection of the interests of all parties involved in the bankruptcy process
Juridical Study of Exhibitionism According to Criminal Law and Health Law Gunawan, Arul; Yustrisia, Lola; Munandar, Syaiful
JURNAL MAHASISWA YUSTISI Vol. 2 No. 1 (2024)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v2i1.730

Abstract

Exhibitionism refers to the act of displaying one's body parts or vital organs to others with the intention of attaining sexual gratification. This is done to achieve sexual gratification through the act of masturbation while engaging in imaginative thoughts. Exhibitionism is classified as a paraphilia, which falls under the category of sexual preference disorders. This study examines the legal and health aspects of exhibitionism. The research methodology employed in this study is normative research. Data sources were obtained through a comprehensive review of relevant literature, and were analyzed using analytical descriptive analysis. The findings of this study indicate that exhibitionism is influenced by various factors, including both internal and external factors, as well as perspectives from health law. The regulations pertaining to moral offenses are established in Article 406, paragraph 1 and paragraph 2 of the Criminal Code, as well as Article 414 of the Criminal Code, and Law Number 44 of 2008, which addresses the issue of pornography. Acts of exhibitionism encompass behaviors that transgress societal standards of decency. Individuals who engage in exhibitionism can face legal charges under Article 406 of the Criminal Code, as well as Article 10 and Article 36 of Law no. 44 of 2008, which specifically addresses pornography
Comparative Analysis of Criminal Act Regulations Relating to Freedom of Opinion During Demonstrations According to the New Criminal Code and Law No. 9 of 1998 concerning Freedom to Express Opinions in Public Saputra, Muhammad Fajri; Yustrisia, Lola
JURNAL MAHASISWA YUSTISI Vol. 2 No. 1 (2024)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v2i1.731

Abstract

Human rights are rights that human beings have that have been acquired and carried along with their birth or presence in community life. It is considered that some of these rights are possessed without distinction on the basis of race, race, religion, or sex, and are therefore fundamental and universal. The law also regulates this right and it is also regulated about the right to freedom of opinion precisely in the criminal code and Law No. 9 of 1998 concerning the freedom to express opinions in public. The formulation of the problem of this study is to determine the characteristics of criminal acts related to freedom of opinion during protests in the new Criminal Code and also in Law No. 9 of 1998, as well as to compare the regulations on the two legal products regarding criminal acts related to freedom of opinion during protests. The nature of this research is descriptive, the approach used in this study is a normative juridical approach. From this study, results were found about criminal acts related to freedom of expression during protests and how they compare to existing laws.
Responsibility of Individual Company Shareholders in the Event that an Individual Company Suffers Losses Based on Law Number 11 of 2020 Concerning Job Creation Rahmadhani, Elsha; Adriaman, Mahlil
JURNAL MAHASISWA YUSTISI Vol. 2 No. 1 (2024)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v2i1.732

Abstract

The purpose of this study is to study, review, and analyze the responsibilities of shareholders in an individual company in the Job Creation Law and related government regulations.. This examination regulates juridical exploration with an approach to legal guidelines that are subsequently taken into account. Primary and secondary legal materials are two types of data sources that make up secondary data. Information collection strategies using library research. Legal analysis techniques are used to review primary and secondary legal materials. The process of thinking using rational reasoning strategies is used to reach decisions, especially points of view sourced from general information and then assess a particular event. The utilitarian hypothesis, the legal certainty hypothesis, and the legal discovery hypothesis are used as scientific tools in surveying this study. Individual Company Shareholders can be held liable up to their personal assets within the limits determined by Law Number 11 of 2020 concerning Job Creation, even though individual Company Shareholders are only responsible for a number of shares they own
Validity of Degraded Authentic Deeds in Court Aulia, Nisa; Syuryani, Syuryani
JURNAL MAHASISWA YUSTISI Vol. 2 No. 1 (2024)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v2i1.733

Abstract

This research aims to determine the validity of authentic deeds that are degraded in court and to determine the legal consequences of authentic deeds that are degraded in court. Using a normative juridical approach, in the case it is discovered that the Plaintiff in this case wants the Deed made by the Notary to be legally invalid. The deed was canceled on the main reason that the signing of the deed was based on an unclear power of attorney and did not involve the plaintiff as the legal heir. The judge in his decision granted the plaintiff's lawsuit and canceled the deed. This cancellation means making a deed that was originally an authentic deed into a deed that is no longer authentic. There is a reduction (degradation) in the degree of the deed from the original authentic deed as stated in Article 1868 of the Civil Code to a private deed or becomes null and void in accordance with the provisions of Article 84 of the Law on the Position of Notaries. Cancellation of an authentic deed gives rise to new legal consequences in that the deed cannot be used as evidence in a civil case and does not give rise to legal consequences for the object or subject of the deed. legally, the deed is considered to have never existed

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