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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 201 Documents
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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.
Pertimbangan Hakim Dalam Menjatuhkan Putusan Vrijspraak Terhadap Pengedar Narkotika Jenis Sabu (Studi Putusan Nomor : 13/Pid. Sus/2022/Pn.Tjk) Prasetyawati, Endang; Satria, Indah; Destika , Nadya
Yuriska: Jurnal Ilmiah Hukum Vol. 15 No. 1 (2023): Februari
Publisher : Law Department, University of Widya Gama Mahakam Samarinda

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Abstract

The abuse of drugs and illegal drugs (drugs) in Indonesia in recent years has become a serious and alarming problem, so it has become a national problem. At issue in this study is the judge's consideration in applying the Vrijspraak ruling on the distribution of mind-altering methamphetamine and the application of criminal law to mind-altering methamphetamine traffickers. research decision number:13/Pid.Sus/2022/PN.Tjk, the research method used is legal and empirical, the research results are based on the legal details revealed during the trial that the prosecutors The prosecutor's failure to prove his accusation made the judge doubtful about the prosecutor's indictment, and the witnesses all denied having a relationship with the accused and the application of criminal law to drug dealers. god direction. death penalty and a fine of Rp 10,000,000,000 (ten billion rupees).
Penegakan Hukum Pidana Lingkungan Dalam Perlindungan Hak Asasi Manusia di Bidang Lingkungan Hidup Nurhadi, Fatich
Yuriska: Jurnal Ilmiah Hukum Vol. 15 No. 1 (2023): Februari
Publisher : Law Department, University of Widya Gama Mahakam Samarinda

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Abstract

Background: The high number of coal industries in Samarinda City has triggered various environmental pollution issues. This occurs due to the many negligence of the coal industry players in carrying out reclamation efforts which then have an impact on the welfare of the community in the area around the mining area. This form of neglect is a form of violation of human rights, namely the right to have a clean and healthy environment, and law enforcement should be enforced to create a deterrent effect. The government of Samarinda City has played a role at various levels in ensuring the fulfillment of human rights related to the environment. Research Method: This research uses juridical sociological and psychological juridical methods. The research approach uses a statutory regulatory approach, namely Law No. 32 of 2009 concerning Protection and Management of the Environment, Law No. 4 of 2009 concerning Mineral and Coal Mining, Law No. 8 of 1981 concerning the Law Code. Criminal Procedure Law, as well as Law No. 39/1999 on Human Rights. Findings: The analysis shows that the government plays an important role in ensuring the fulfillment of human rights related to the environment. Conclusion: The Samarinda City Government strictly carries out regulations regarding the implementation of mining businesses, especially those related to reclamation, in accordance with Law Number 4 of 2009 concerning Mineral and Coal Mining.
Implementasi Pendewasaan Perkawinan Terhadap Dispensasi Kawin Dalam Perspektif Hukum Positif Di Indonesia Pratiwie, Dinny Wirawan; Lizwary, Karina
Yuriska: Jurnal Ilmiah Hukum Vol. 15 No. 1 (2023): Februari
Publisher : Law Department, University of Widya Gama Mahakam Samarinda

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Abstract

Background: According to Article 7 paragraph (1) of Law Number 1 of 1974, marriage is permitted if the man has reached the age of 19 and the woman has reached the age of 16. These provisions have been amended, namely in Article 7 paragraph (1) of Law Number 16 of 2019, it is explained that marriage is only permitted if a man and a woman have reached the age of 19. Marriage maturity is a program of the Family Planning Population Agency (BKKBN) as an effort to increase the minimum age of 20 years for women and 25 years for men to have their first marriage. Marriage dispensation is a legal policy that allows minors to be able to enter into legal marriages in Indonesia as stipulated in Article 7 paragraph (2) of the Marriage Law. Research Method: In this study the authors used normative research methods with conceptual approaches to laws, cases. Findings: Marriage Age Maturity (PUP) is an effort to increase the age of the first marriage, so that it reaches a minimum age at the time of marriage, namely 21 years for women and 25 years for men. Maturity of marriage age is not just delaying until a certain age, but trying to make the first pregnancy occur at a fairly mature age. With permission from the court or related officials for someone who is not yet 19 years old and wants to get married for certain reasons and accompanied by supporting evidence. So that the provisions for the legal age limit for marriage can be dissolved with the dispensation of marriage, it does not rule out the possibility that child marriages will continue to occur. Conclusion: The application of the marriage dispensation is in stark contrast to efforts to prevent child marriage in the marriage-age maturity program and contradicts Article 26 paragraph 1 letter c, the 2002 Child Protection Law which mandates preventing marriage at a young age. This provision opens a legal loophole for the implementation of child marriages.
PENYELESAIAN SENGKETA HAK KEKAYAAN INTELEKTUAL DALAM DUNIA MAYA MELALUI BADAN ARBITRASE Anggraeni, Happy Yulia; Fitri Jihad Aminah
Yuriska: Jurnal Ilmiah Hukum Vol. 15 No. 2 (2023): Agustus
Publisher : Law Department, University of Widya Gama Mahakam Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24903/yrs.v15i2.2204

Abstract

Intellectual property rights must be protected by the state and respected by everyone. Along with the development of technology and information, violations of intellectual property rights often occur in cyberspace. However, the IPR Law still needs to provide complete protection and remedy for IPR crimes in cyberspace. Meanwhile, settlement through arbitration of IPR disputes is handled based on the jurisdiction of the countries of each party. This research is normative, using statutory, conceptual, and case approaches. The sources of this research material are primary and secondary materials. Based on the study results, the settlement of intellectual property rights disputes in the country's common law is different in each country, as the United States filed an arbitration effort if there is a clause in advance. If not, then it can be submitted in writing. Meanwhile, in England, there are no strict rules regarding IPR disputes through arbitration. Australia also has the same rules as the UK. Whereas in Switzerland, the settlement of IPR disputes through arbitration is not subject to any law. The most IPR dispute cases in Indonesia were trademark cases, reaching 267 patients from 2018-2022. The arbitration settlement mechanism is very effective because the settlement is carried out based on an agreement, and the parties choose the compensation, thus prioritizing a win-win solution. IPR dispute resolution can be resolved through litigation and non-litigation. The non-litigation route usually chosen is the arbitration route. Arbitration is a very reasonable effort because the solution is confidential, fast and low cost. It can also be used for parties with different jurisdictions. Particularly for IPR violations in cyberspace, the institution authorized as a settlement other than arbitration is the PPND institution

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