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Yuriska : Jurnal Ilmiah Hukum
Published by Universitas Widya Gama Mahakam Samarinda
ISSN : 20857616     EISSN : 25410962     DOI : https://doi.org/10.24903/yrs.v17i1.3124
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Yuriska : Jurnal Ilmiah Hukum which is published periodically to publish the results of research, development, study of thought or theoretical studies related to the field of law. With pISSN 2085-7616 and eISSN 2541-0962 publish twice a year in February and August.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
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Search results for , issue "Vol. 13 No. 2 (2021): August" : 8 Documents clear
Tanah Aset PT. Kereta Api Indonesia (PERSERO) Sebagai Jaminan Dengan Dibebani Hak Tanggungan Wiyanti, Elisse Septiani; Pritiana , Deta Frischa; Larindo, Randy Hudan
Yuriska: Jurnal Ilmiah Hukum Vol. 13 No. 2 (2021): August
Publisher : Law Department, University of Widya Gama Mahakam Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24903/yrs.v13i2.1805

Abstract

Background: Land assets belonging to PT. Kereta Api Indonesia (Persero) originating from grondkaart and converted based on the provisions in Law No. 5 of 1960 concerning basic rules of Agrarian Principals can be guaranteed by using dependent rights guarantee institutions. Law No. 5 of 1960 concerning the Basic Rules of Agrarian Trees has a mission to create unification of land ins and out arrangements, so in terms of guarantees must also be contained in a set. Research Metodes: The research method used is the statute approach. The type of legal material used is primary legal material and secondary legal material that is analyzed by studying the legal issues that occur. PT. Kereta Api Indonesia (Persero) has land assets derived from grondkaart. Findings: The creation of Law No. 4 of 1996 concerning The Right of Dependents on Land and Objects Related to Land aims so that there is no dualism in the guarantee institution for land objects. This is because Law No. 4 of 1996 concerning The Right of Dependents on Land And Objects Related to Land expressly determines the kind of land rights that can be used as collateral objects. The mention of Dependent Rights in the Basic Agrarian Law is prepared in lieu of hypocrisy and credietverband guarantee rights institutions. Conclusion: Management rights must be granted rights to other land on it that are cooperated with other parties in order to be burdened with dependent rights. Land rights that can be granted above the Management Rights are The Right to Build, Right of Use, or Property Rights.
Tanggungjawab Korporasi Terhadap Tindak Pidana Yang Dilakukan Pegawai: (Kasus Alat Tes Rapid Menggunakan Antigen Daur Ulang) Hartanto
Yuriska: Jurnal Ilmiah Hukum Vol. 13 No. 2 (2021): August
Publisher : Law Department, University of Widya Gama Mahakam Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24903/yrs.v13i2.1892

Abstract

Background: In the government's efforts to control the spread of the Covid-19 virus, news broke about employees of a corporation using used (recycled) antigens at Kualanamu Airport in Medan. Some people who incidentally are health workers from BUMN abuse their circumstances/authority to the detriment of society and endanger the lives of patients/consumers. This health worker who is an employee of this BUMN has committed a crime, then this act that harms the public is quite broad, indirectly/indirectly related to corporate responsibility (BUMN). Research Methods: This writing uses a statutory approach related to the case of recycling antigen devices. This type of normative legal research examines library materials or secondary data and tertiary legal materials. Secondary data consists of legal materials in the form of journals, scientific documents and expert opinions. This is a juridical-normative research that examines the application of positive legal norms, to seek the truth of coherence, namely whether the rule of law is in accordance with legal norms and legal principles, then also conducts problem solving to provide prescriptions, or descriptions of the formulation of the problem. The laws and regulations used as analysis are Law 40 of 2007 concerning Limited Liability Companies, Perma Number 13 of 2016, the Constitutional Court Decision Number 62/PUU-XI/2013, and the Criminal Code. Findings: Jurisprudence in Indonesia is not necessarily the actions of branch employees of PT. Kimia Farma Diagnostics can be related to the responsibility of the directors/corporations, as long as there is no evidence of negligence from the board of directors for this criminal act, or the negligence of the board of directors in supervising the head of the branch. Conclusion: Criminal acts committed by the perpetrators can be subject to several criminal sanctions in the field of health or consumer protection, but linking them to corporations (BUMN) requires further proof of elements.
Keadilan Restoratif sebagai Dasar Penghentian Penuntutan oleh Jaksa dalam Perspektif Hak Asasi Manusia Ahmadi, Iqbal Risha; Suteki
Yuriska: Jurnal Ilmiah Hukum Vol. 13 No. 2 (2021): August
Publisher : Law Department, University of Widya Gama Mahakam Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24903/yrs.v13i2.1893

Abstract

Background: The shift in the concept of retributive justice to restorative justice has also been realized and felt by the Prosecutor's Office of the Republic of Indonesia as the institution authorized to prosecute in criminal cases. So far, the concept of retributive justice in criminal law enforcement has not been proven optimally and effectively in tackling and controlling crime. In fact, in practice it often causes injustice that violates human rights. Research methods: This article is a descriptive study with a normative juridical approach that examines the literature on secondary data sources. Research result: The results obtained are, as a manifestation of the active role of the Prosecutor's Office of the Republic of Indonesia in carrying out its duties and authorities, namely law enforcement and respect for human rights, the Attorney General has issued Attorney General Regulation No. 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. Conclusion: The implementation of the termination of prosecution is based on the principles that provide protection of human rights, namely the principle of justice, the principle of public interest, the principle of proportionality, the principle of ultimum remedium and the principle of quick, simple and low-cost justice. Of course, this also needs to be supported by a prosecutor with integrity, professional, progressive and not limited by written rules with the ability to explore the laws that live in society by adhering to values ​​that uphold human rights contained in Pancasila and the 1945 Constitution.
Pelaksanaan Inventarisasi Kekayaan Intelektual Komunal Sebagai Upaya Melindungi Warisan Budaya Di Kalimantan Timur yatini, yatini
Yuriska: Jurnal Ilmiah Hukum Vol. 13 No. 2 (2021): August
Publisher : Law Department, University of Widya Gama Mahakam Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24903/yrs.v13i2.1894

Abstract

Background: Communal Intellectual Property (KIK) as a wealth of Indonesian cultural heritage must be protected, preserved, developed, and/or utilized through an inventory, which will then be collected into the KIK Data Center in Indonesia. For the regions with KIK protection is not only a form of legal protection but also aims to encourage the economy of the community in an area and as an effort to protect cultural heritage as the identity of a region. The purpose of this study was to identify the potential and constraints in the KIK inventory in East Kalimantan Province and explore the efforts of the East Kalimantan local government in implementing the KIK inventory. Research Methods: The type of research used was socio-legal with a statutory approach and a social approach to get the maximum form of inventory implementation. The technique of data analysis was carried out, namely by analyzing statutory regulations that had been inventoried to obtain legal certainty for the implementation of the KIK inventory. Furthermore, analyzing factual data in the implementation of KIK protection and problems in the community, and offering strategic steps in organizing KIK inventory in providing legal protection for KIK in East Kalimantan. Findings: The findings after the discussion were, first, the identification of the KIK potential in East Kalimantan was carried out with an inventory. The inventory of KIK in East Kalimantan as an effort to protect the law of cultural works was carried out on a defensive basis. Second, implementation of KIK potential inventory in East Kalimantan are in two forms, namely, an inventory carried out by the Ministry of Law and Human Rights through the KIK registration mechanism, then entered into the KIK Data Center, and Education and Culture Office through a recording mechanism which was then determined become WBTB. Then, there were still differences in perceptions within the internal government and the lack of public understanding regarding the substance of the KIK inventory, which is the main obstacle in implementing the inventory. Conclusion: Conclusion from the discussion, namely, first, the inventory of potential KIK is still experiencing problems and has an impact on the non-optimal legal protection of cultural works in East Kalimantan. Second, various efforts have been made by the Ministry of Law and Human Rights, the Department of Education and Culture, and the community, but have not been able to synergize the entire system in implementing the inventory. As a recommendation regarding this matter, the first is to share perceptions and synergize between the Ministry of Law and Human Rights and the Education and Culture Office. Second, the inventory system must accommodate all social facts, objective realities, and consider local cultural values. Besides, special treatment is needed for the community by maximizing socialization, education, and assisting in the KIK inventory.
Implementasi S-MART Berdasarkan Undang-Undang Nomor 20 Tahun 2003 Republik Indonesia Tentang Sistem Pendidikan Nasional Miharja, Marjan; Myharto, Wiend Sakti; Rusma, Yasmin Noor Hanan; Rizaldi, Fahim Achmad; Nugraha, Sandi
Yuriska: Jurnal Ilmiah Hukum Vol. 13 No. 2 (2021): August
Publisher : Law Department, University of Widya Gama Mahakam Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24903/yrs.v13i2.1895

Abstract

Background In Indonesian Law, number 20 at 2003 subsection 3 about National Education System stated that the functions of national education are to develop competence, also shape the character of people. Thus, develop among students’ competence to become religious people, clever, capable, creative, independent, also responsible for the country is also possible. After their parents, children learned at elementary school as a next step to the world. They will get everything that their need, such as culture and behaviour as the progress of learning and provision for their future life. The “S-MART” concept is the initial basis that must be applied to elementary schools, to build children's mental and behaviour in the future. Muhammadiyah 4 Kramat Jati Elementary School is one of the elementary schools that applies the “S-MART” concept to educating its students, it is hoped that the next generation will improve both in terms of morals and behaviour. The application of this concept also aims to learn children in an orderly manner. This is also in line with the law of the Republic of Indonesia number 20 of 2003 concerning the national education system so that every school increases the improvement of its students, to create a generation that is healthy and active in learning. Research methods This research method uses normative juridical research methods. The normative juridical research method is research on positive legal principles written in the legislation. Findings The results of this study are the initial data support obtained related to the optimization of staffing regulations to improve employee welfare in the Muhammadiyah Kramatjati environment after obtained. The researchers perform hypotheses and design R&D procedures in the form of roadmaps and research flow diagrams as well as the methodology that will be carried out in this study. Conclusion School as an educational institution should have a positive school culture to continuously improve its quality. A positive school culture will sow the values ​​of life and humanity so that schools can truly become agents of change to make Indonesian people who are complete, faithful and devoted to God Almighty and have a noble character, are healthy, knowledgeable, capable, creative, independent. and become a democratic and responsible citizen. School culture must be built based on the vision, mission and goals of the school by implementing participatory and open management so that it can truly be reached and internalized by all school members and stakeholders so that it can be implemented sincerely and consistently to achieve the goals set in the vision. and school goals. If implemented properly and consistently, school culture can improve its quality in an integrated manner for customer satisfaction, both internal and external customers.
Kedudukan Pembeli Apartemen Sebagai Kreditor Dalam Hal Pengembang Dinyatakan Pailit: (Studi Perbandingan Hukum Antara Indonesia Dan India) De Rosario, Veronica Ganesha; Tiurma Mangihut P.; Franzlay, Cristy
Yuriska: Jurnal Ilmiah Hukum Vol. 13 No. 2 (2021): August
Publisher : Law Department, University of Widya Gama Mahakam Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24903/yrs.v13i2.1896

Abstract

Background:It is important for everyone to have a place to live, one of which is the concept of multi-storey housing which we usually know as flats or apartments. However, in the buying process, there are many injustices, especially when the developer is declared bankrupt. Indonesia is not firm and fair in its efforts to protect the rights of apartment buyers. In India, which provides more legal certainty and provides protection for the rights that should be obtained by the buyer.Research Metodes: The form of this research uses a normative juridical research form. The nature of this research is descriptive. The object of research that this author contains contains legal principles, where the object of research is sourced from secondary data and is supported by primary data. Qualitative research, namely data analysis with more emphasis on the quality or content of the data. In terms of drawing conclusions, the author uses a deductive mindset.Findings:By dismissal of judicial review appeal to make the apartment buyer's position become a secured creditor in the developer's bankruptcy case, apartment buyer’s debt in Indonesia is still classified as an ordinary debt which the repayment is applied for according to Articles 1131 KUH Perdata (civil code). Actually apartment buyers' debt could be given a privilege rights position, but according to Articles 1134 of KUH Perdata (civil code), that rights must be granted in a statute. In India, the IBC receivables from apartment buyers are classified as a financial debt.Conclusion:Indonesia currently has the position of apartment consumers as concurrent creditors in bankruptcy, so it is different from India which has given apartment consumers the position as financial creditors based on section 5(8)(f) IBC 2018. So that the priority of paying apartment consumers' receivables is aligned with bank receivables and other financial institutions.
Tinjauan Yuridis Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja Terhadap Perubahan Substansi Analisis Mengenai Dampak Lingkungan Ramon, Fauzan
Yuriska: Jurnal Ilmiah Hukum Vol. 13 No. 2 (2021): August
Publisher : Law Department, University of Widya Gama Mahakam Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24903/yrs.v13i2.1897

Abstract

Background: Law No. 11 of 2020 on Job Creation has many inaccuracies in both the procedure of formation and its content material, thus causing problems in the environmental sector and the possibility of weakening environmental protection efforts. Comparative analysis of Law No. 11 of 2020 on Job Creation to Law No. 32 of 2009 on Environmental Protection and Management, especially in catchall Articles that are considered detrimental to the community as an effort to weaken environmental protection. Research Methods: This research was a normative juridical study, which compares old provisions with new provisions and tried to describe the shortcomings or advantages of the removal or amendment of articles in the previous Law by using several approaches adjusted to the object and purpose of the research. This study used the statute approach1 which was Law No. 11 of 2020 on Job Creation and Law No. 32 of 2009 on Environmental Protection and Management. Besides, the author also used a comparative approach and conceptual approach. Findings: The impact of the elimination and amendment of articles in Law No. 32 of 2009 on Environmental Protection and Management by Law No. 11 of 2020 on Job Creation is classified into 3 fundamental things, such as, the reduction of community participation to protect the environment, the weakening of law enforcement, one of them is due to the elimination of the principle of strict liability, and the strengthening of the authority of the central government to explore environment that also indirectly weakens the authority of the region to protect the environment belonged to its authority. Conclusion: Comparison of Law No. 11 of 2020 on Job Creation and Law Number 32 of 2009 on Environmental Protection and Management lies on 3 major issues, such as; First, the removal of environmental permits which is then replaced with the term environmental approval which certainly removes the terms, measures, and mechanisms of environmental permits. Second, the change in the substance of Environmental Impact Assessment (Amdal), and the third is the change of the principle on waste management from the principle of strict liability to the principle of liability based on fault.
Tinjauan Yuridis Pemungutan Pajak Terhadap Online Shop Safitri, Wahyuni; Safira, Faradina Alya
Yuriska: Jurnal Ilmiah Hukum Vol. 13 No. 2 (2021): August
Publisher : Law Department, University of Widya Gama Mahakam Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to determine the arrangement of tax collection againstOnline Shop what researchers did in Samarinda City. This research is a Normative Law research that originates from primary and secondary legal materials. The results of this study indicate that the arrangement of tax collection ononline shop as Taxpayers are Law Number 36 of 2008 concerning Income Tax, Government Regulation Number 23 of 2018 concerning Income Tax on Income from Business Received or Earned by Taxpayers with Certain Gross Turnover and tax provisions related toecommerce has been confirmed in the Circular Letter of the Director General of Taxes Number SE-62/PJ/2013 Concerning the Affirmation of Tax Provisions on TransactionsEcommerce,in its implementation there is no specific data collection ononline shop as a Taxpayer. So it is suggested that the government can issue laws and regulations that can cover all forms of e-commerce in order to create a good tax payment mechanism.

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