Yustisia
The scope of the articles published in Yustisia Jurnal Hukum deal with a broad range of topics in the fields of Civil Law, Criminal Law, International Law, Administrative Law, Islamic Law, Constitutional Law, Environmental Law, Procedural Law, Antropological Law, Health Law, Law and Economic, Sociology of Law and another section related contemporary issues in Law (Social science and Political science). Yustisia Jurnal Hukum is an open access journal which means that all content is freely available without charge to the user or his/her institution. Users are allowed to read, download, copy, distribute, print, search, or link to the full texts of the articles, or use them for any other lawful purpose, without asking prior permission from the publisher or the author.
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<![CDATA[Countermeasure Policy on Mining Crime under The Legal Progressive Perceptive ]]>
<![CDATA[Faisal Faisal]]>;
<![CDATA[Derita Prapti Rahayu]]>
<![CDATA[ Yustisia Vol 10, No 2: August 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v10i2.47189
<![CDATA[The complexity of mining business governance affects rational actions to tackle mining crime using the criminal policies in a progressive legal dimension. This research focuses on dealing with mining crime using criminal policies and rational efforts in the progressive legal dimension. It was conducted using normative legal research method using secondary data obtained from primary and secondary legal materials. The urgency of this research is to provide guidance towards the application of appropriate rules of mining for the actors in the business. It was also directed to provide references in mining law enforcement through an integral policy. The results showed that criminal policy through penal means in the formulation stage has the ability to regulate licensing crimes, corporate crimes, crimes against reclamation, and criminal obstruction of mining businesses. Moreover, the application stage involves the legal construction of material and formal offenses while the execution stage requires integral law enforcement. It is also important to note that the non-penal means which focuses on prevention maps potential actors with the ability to create the victims while the secondary prevention maps the mining areas with potential conflicts. This means the progressiveness of mining criminal policies rationally in the progressive law dimension enforces certainty and basic ideas underlying the norms.]]>
<![CDATA[Slavery of Indonesian Migrant Fishers: a Review of Regulation and Its Implementation ]]>
<![CDATA[Muhammad Nur]]>
<![CDATA[ Yustisia Vol 10, No 2: August 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v10i2.53715
<![CDATA[According to the 2018 Global Slavery Index, migrant workers in the maritime and fisheries industry are as the second-ranked sector with the worst modern slavery practices among other work sectors in the world. This article aimed to analyze why many cases of modern slavery experienced by migrant fishers from Indonesia, and what stakeholders should do to improve the protection system for migrant fishers from Indonesia. The author uses normative juridical research methods. The data collection method used is the literature study. The results of this study found that the high number of cases affecting migrant fishers from Indonesia is caused by various governance weaknesses that have occurred so far. These weaknesses occur both at home and abroad. These weaknesses start from policy to implementation in the field and has resulted in cases of violations against migrant fishers that continue to this day. This paper provides some protection model and recommendations for improving the governance of placement and protection for the migrant fishers, namely: 1. Supervision System Improvement; 2. Improvement of the data collection system for Indonesian migrant fishers; 3. Increasing and developing foreign cooperation; 4. Increasing socio-economic reintegration programs; 5. Ratification of the Work in Fishing Convention 2007. ]]>
<![CDATA[Misconceptions on The Concept of Mediation and Conciliation in The Act on Industrial Relations Disputes Settlement ]]>
<![CDATA[Mohammad Zamroni]]>
<![CDATA[ Yustisia Vol 10, No 2: August 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v10i2.48667
<![CDATA[Mediation and conciliation are alternatives with varying characteristics acting as a third-party figure in settling disputes in industrial relations. These alternatives are perceived as the same in Act Number 2 of 2004 on Industrial Relations Disputes Settlement. It leads to conceptual errors and causes mistakes in formulating the mediator and conciliator's authority. Therefore, this study analyzed the concepts of mediation and conciliation as regulated in Act Number 2 of 2004 on Industrial Relations Disputes Settlement. This is a normative legal research carried out with the statutory, conceptual, and comparative law approaches. The result showed that the concept of mediation and conciliation formulated in the Act Number 2 of 2004 on Industrial Relations Disputes Settlement deviates from the basic concepts of the mediator and conciliator to make written recommendations. Conceptually, the mediator and conciliator are facilitators incapable and capable of making written recommendations, respectively]]>
<![CDATA[Implementation Regionalization Principle Based on Sanitary and Phytosanitary (SPS) Agreement According to Vienna Convention on the Law of Treaties (1969) ]]>
<![CDATA[Velicia Theoartha Manalu]]>;
<![CDATA[Sinta Dewi Rosadi]]>;
<![CDATA[Prita Amalia]]>
<![CDATA[ Yustisia Vol 10, No 2: August 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v10i2.44710
<![CDATA[The practice of the regionalization principle in Article 6 Sanitary and Phytosanitary (SPS) Agreement is still conflicted. This is because of several cases regarding the members misinterpretation of international guidelines in the regionalization principle, such as India – Agricultural Products and Russia – Pigs (EU). Recently, Coronavirus Diseases 2019 (Covid-19) has been considered to affect animal trade. Such conditions prompt the World Trade Organization (WTO) to recommend the Members to take SPS Measures to protect their domestic market. However, the trade would be inhibited in case the country-wide ban approach is applied. Therefore, this paper discusses the possible SPS measures under the regionalization principle to promote the trade during the pandemic according to WTO decisions from previous cases in line with the VCLT of 1969. The research result shows that the Covid-19 is an obstacle to international trade and makes humans and animals vulnerable to this virus. Consequently, many animal trades have been banned to prevent its spread. To deal with this condition, Indonesia could apply the regionalization principle in Article 6 SPS Agreement. Moreover, the government should update the quarantine law by pointing out the regionalization principle, unlike the zone system rules only applied to animals susceptible to Food Mouth Disease]]>
<![CDATA[BlueCarbon in National Policy to Reduce Green house Gas Emissions ]]>
<![CDATA[Diah Apriani Atika Sari]]>;
<![CDATA[Okid Parama Astirin]]>;
<![CDATA[Anti Mayastuti]]>;
<![CDATA[Anugrah Adiastuti]]>
<![CDATA[ Yustisia Vol 10, No 2: August 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v10i2.45217
<![CDATA[Greenhouse Gas (GHG) emissions are the main cause of global warming and climate change. Indonesia as an archipelagic country experiences a significant negative impact as a result of climate change, such as sea level rise, sea water intrusion to the land, extreme weather, and rising sea and land temperatures. Tropical forests have been known as a major carbon emitter, but with the increasing rate of deforestation, it is necessary to find carbon sinks from ecosystems other than tropical forests. This study aimed to determine the extent to which blue carbon has been included in Indonesian Government policies, especially in the GHG inventory document and the Indonesian Nationally Determined Contribution (NDC) document, related to the Government of Indonesia's commitment in reducing GHG emissions. The research showed that blue carbon ecosystems, which include mangroves, seagrass beds, and other coastal ecosystems, have enormous carbon sequestration potential when compared to tropical forests, but unfortunately, the potential of blue carbon has not been maximally utilized in national policies related to GHG emission reduction. The existing policies have not been implemented optimally and some of them overlap. In the future, accurate data updating and mapping of the blue carbon ecosystem is needed so that it can become a reference in determining national policies on the use of blue carbon]]>
<![CDATA[Nigeria-IMF Relationship and Its Impact on Human Rights and Standard of Living in Nigeria ]]>
<![CDATA[Raziqa Muhammad Shafiu]]>;
<![CDATA[Mohd Afandi Salleh]]>
<![CDATA[ Yustisia Vol 10, No 2: August 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v10i2.52365
<![CDATA[This study examines the relationship between Nigeria and the International Monetary Fund (IMF) and also traces its impact on Human Rights and Standard of living. Therefore, it assesses the impact of IMF on Human Rights and the living standards of Nigerians, as it was assumed that Nigeria's relationship with the IMF was the key cause of poverty, social insecurity, economic inequalities and a decrease in people's living standards. Primary data sources, such as official records, newspapers, journals, and books, were used to gather data for research, while the Theory of Human Rights and Dependency Theory was used as the basis for this study. The study discovered that externally enforced economic liberalization does not enhance economic development and degrades government human rights practices. The study also assumed that Nigeria's relationship with the IMF was more detrimental than positive and thus had a direct negative impact on the general standard of living of the people. It was suggested that the government should attempt to diversify the economy, reshape its relationship with international financial institutions, such as the IMF and the World Bank, and provide people with adequate facilities to raise their living standards.]]>
<![CDATA[Information of Medical Malpractice and Risks in The Informed Consent Process Before Surgery in Indonesia ]]>
<![CDATA[Sutarno Sutarno]]>;
<![CDATA[Maryati Maryati]]>
<![CDATA[ Yustisia Vol 10, No 2: August 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v10i2.52132
<![CDATA[This study examines Indonesian statuary regulation that requires doctors or hospitals to explain the medical malpractices or risks to surgery patients during the informed consent process. The study was triggered by the frequent medical disputes caused by the patient's misinformation regarding possible medical malpractices or risks related to surgery. In this case, patients need transparent and relevant information during the informed consent process. Therefore, this study examines the statuary regulation that requires doctors or hospitals to explain the medical malpractices or risks to surgery patients during the informed consent process. It used secondary data collected from literature studies of relevant materials and analyzed using normative and qualitative methods. The results indicated that no statutory regulation requires doctors to explain the medical malpractices and risks associated with surgery during the informed consent. This means that the required transparency principle is often not implemented. Therefore, these laws are urgently needed because the public is misinformed about medical malpractices and risks]]>
<![CDATA[Tracing the Criminal Policy on Castration and Community Response ]]>
<![CDATA[Mompang L Panggabean]]>
<![CDATA[ Yustisia Vol 10, No 2: August 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v10i2.51730
<![CDATA[The act of chemical castration is now one of the sanctions in Indonesia's positive law. However, it is still limited to child protection based on Law Number 17 of 2016, which can be imposed on perpetrators of sexual crimes against children if the victim is more than one person, is seriously injured, has mental disorders, suffers from infectious diseases, reproductive system disorders, and lose their life. This paper analyzes criminal policy and people's reactions to castration concerning the objectives of punishment. This research is doctrinal research as prescriptive research using a legal approach regarding legal categories regarding castration, the relationship between rules, difficulties that arise and predicting future developments on criminal policy regarding castration in positive law as one of the new sanctions in the criminal system. The results of the study is that the birth of chemical castration in criminal policy reform is based on a balance between the interests of child victims of sexual crimes and perpetrators of crime, but its existence in positive law does not necessarily make the whole community accept even though the pros and cons of castration are still balanced based on the purpose of punishment based on Pancasila. The recommendations put forward are the need for socialization of castration for all levels of society in a balance between the interests of child victims of sexual crimes and the interests of criminals, increasing non-penal efforts and the application of selective castration sanctions, and providing assistance for child victims of sexual crimes.]]>
<![CDATA[Legal and Health Protection for Creative Economy Actors during The Covid-19 Pandemic ]]>
<![CDATA[Andina Elok Puri Maharani]]>;
<![CDATA[Evi Gravitiani]]>;
<![CDATA[Niniek Purwaningtyas]]>;
<![CDATA[Tika Andarasni Parwitasari]]>;
<![CDATA[Ayub Torry Satriyo Kusumo]]>;
<![CDATA[Heri Hartanto]]>;
<![CDATA[Kusmadewi Eka Damayanti]]>
<![CDATA[ Yustisia Vol 10, No 2: August 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v10i2.49975
<![CDATA[This research examined Covid-19 from the perspective of legal and health protection by regional governments. Generally, regional governments are at the front line in protecting communities in this autonomy era due to their constitutional obligations. Data also shows that the creative economy actors in the micro, small, and medium business sector constitute over 90% of the workforce, necessitating their protection. This research used empirical-juridical research with an interdisciplinary approach examined the legislation and the community's reality. A Focus Group Discussion (FGD) was conducted with relevant stakeholders and creative economy business actors in Surakarta, Bandung, and Madiun cities. Furthermore, concepts of legal, health, and economic theories were reviewed to formulate a regional government policy draft regarding these business actors during the Covid-19 emergency. The results showed an existing form of legal protection regulation related to health and the economy at the national level. However, three big cities (Bandung, Madiun, and Surakarta) representing three provinces as research objects are yet to provide regional regulations concerning protection for creative economy actors, though the local government has encouraged an increase in their activities]]>
<![CDATA[Revitalization of Funding for Savings and Loans Cooperatives As Efforts To Improve The State’s Economy After The Covid-19 Pandemic ]]>
<![CDATA[Hassanain Haykal]]>;
<![CDATA[Theo Negoro]]>;
<![CDATA[Livany Adeline]]>
<![CDATA[ Yustisia Vol 10, No 2: August 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v10i2.50438
<![CDATA[This research aims to analyze the government's possible strategies to empowering cooperatives as an alternative means of channeling financing after the Covid-19 Pandemic in Indonesia. Basically, cooperatives are business media for enhancing the standard of living in a family, and are referred to as the pillars of the national economy. The study was also carried out in order to provide a regulatory solution regarding the revitalization of cooperatives, in strengthening the organisation, especially in the financial aspect. The normative juridical approach, was used, also known as the doctrinal legal technique. The results showed that the cooperatives required significant organizational changes, such as strengthening the implementation of good governance regulations, conducting financial agreements, as well as managing income and human resources. Furthermore, significant organizational changes were achieved by forming a ministerial regulation, to regulate good governance, enact internal rules, create a code of conduct, and establish a financial system with legal agreement among the cooperative members.]]>
