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Kukuh Tejomurti
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Yustisia
Published by Universitas Sebelas Maret
ISSN : 08520941     EISSN : 25490907     DOI : https://doi.org/10.20961/yustisia.v9i3
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Vol 10, No 3: December 2021" : 8 Documents clear
The Role of Wali Nanggroe Institution to Realize Peace in the Asymmetric Decentralization: the Case of Indonesia Delfi Suganda; Retno Saraswati; Nabitatus Sa'adah
Yustisia Jurnal Hukum Vol 10, No 3: December 2021
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v10i3.54705

Abstract

Aceh is a unique area in Indonesia based on Law Number 11 of 2006 concerning the Government of Aceh. One of its features is the establishment of the Wali Nanggroe Institution which is the highest customary institution that aims to maintain peace in Aceh and participate in the world peace process. It is unique in the Indonesian constitutional system because its officers are former combatants of the Free Aceh Movement. This study would like to examine the opportunities and role of the Wali Nanggroe Institution in realizing peace domestically and globally. There are several opportunities for the Wali Nanggroe Institution in peace efforts in a conflicted country; among others, the Wali Nanggroe Institution can carry out the function of peace at the local, national and international levels. It can apply due to the legitimacy of laws and regulations, support from local political parties that dominate Aceh's parliament, and good relations with several foreign countries, such as the "Moro" separatist group from the Philippines had studied with Wali Nanggroe how the peace process from civil war can be realized
Cyber Terrorism Challenges : The Need for a global Mutual Legal Assistance to a Universal Jurisdiction Crime Yasniar Rachmawati Madjid
Yustisia Jurnal Hukum Vol 10, No 3: December 2021
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v10i3.54953

Abstract

Terrorism is a crime which involved more than one state to attack world peace and security. The handling of international terrorism is not only based on national law but also on international law. With the widespread concerns about cyber terrorism and the frequent use of the term “cyber terrorism“ at the present time, many international organization have made efforts to combat this threat. Since cyber terrorism is an international crime, local regulations alone are not able to defend against such attacks, they require Mutual Legal Assistance between States and a transnational response. Therefore, an attacked country will invoke international law to seek justice for any damage caused, through the exercise of universal jurisdiction. Cyber terrorism can’t be prevent just only with national regulation, the need for and international corporation between states to prevent and defend nations from cyber terrorism attacks. This article discusses about cyber terrorism is a transnational/international crime, it should be subjected to universal jurisdiction trough multinational corporation, and this would be the most suitable method to counter future transnational crime such as cyber terrorism.
Examining the Agreement Object as Good Deeds from the Consequentialism and Deontology Perspective Taufiq El Rahman
Yustisia Jurnal Hukum Vol 10, No 3: December 2021
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v10i3.56519

Abstract

This study aimed to analyze the agreement object as good deeds from the legal philosophy perspective. Postulated to legal positivism, this rejects the deviation of the agreement on the good deed of transplanting organs or body tissues. The results compiled using normative legal research methods described the flow of consequentialism and deontology. These doctrines state that kidney transplant procedures conducted voluntarily based on humanity have benefited recipients and donors. Therefore, they increase the happiness level of both parties without leaving the concept of Kantian moral ethics.
The International Criminal Court Jurisdiction Towards The Deportation Issues In Myanmar Bugivia Maharani Setiadji Putri; Sefriani Sefriani
Yustisia Jurnal Hukum Vol 10, No 3: December 2021
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v10i3.54279

Abstract

This research aims to comprehensively analyze the International Criminal Court’s jurisdiction in adjudicating gross violations of human rights involving a non-party state of the 1998 Rome Statute and its application to the perpetrators of deportation against the Rohingya with Myanmar as the non-party state. The results showed that this jurisdiction can be implemented under three conditions, first, the crime is committed by nationals of a non-party state on the territory of a state party to the Statute. Second, the UN Security Council refers a situation to the International Criminal Court in its resolution. Third, through an ad hoc declaration that a non-party state of the Rome Statute accepts the International Criminal Court’s jurisdiction. Since the territorial jurisdiction of the International Criminal Court covers crimes that occur wholly or partly on the territory of a state party, it can be applied to the deportation against the Rohingya in Myanmar. This involved the fleeing of this ethnic group from attacks by the Government of Myanmar to Bangladesh, a state party to the 1998 Rome Statute
Preventing The Illegal Trade of Smuggling Small Arms And Light Weapons (SALW) through UNPoA in Indonesia Ni Gusti Agung Ayu Mas Triwulandari; Putu Eva Ditayani Antari
Yustisia Jurnal Hukum Vol 10, No 3: December 2021
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v10i3.54717

Abstract

Action is needed to combat the illegal trade of Small Arms and Light Weapons (SALW) because transnational crime is not easy to commit. However, internal conflicts make Indonesia more vulnerable to firearms smuggling, considering its geographical conditions and weak supervision at the border. Consequently, the government cooperates with neighboring countries to maintain national integrity and safety. Also, the government is active in the international regime to deal with illegal trade of SALW through the United Nations Program of Action. This study is legal research by incorporating primary, secondary, and tertiary data. The results showed that Indonesia's position in the United Nations Program of Action helps prevent firearms smuggling and increase capacity-building assistance.Furthermore, the government collaborates with the Ministry of Foreign Affairs and amends and revises Law Number 8 of 1948 concerning Registration and Granting of Permits for the use of Firearms to prevent illegal trade of SALW. In the regional scope, similar collaboration is also conducted with Southeast countries. This is supported by implementing the PoA to Combat Transnational Crime by holding the ASEAN Ministerial Meeting on Transnational Crime (AMMTC). In the international scope, the United Nations Convention Against Transnational Crime and its three protocols were introduced to eradicate the illegal trade of SAWL.
Blockchain-Based Smart Contract: Advancing Digital Consumer Protection and Preventing Private International Law E-Commerce Cases Tresnawati Tresnawati; Angelina Marlina Fatmawati
Yustisia Jurnal Hukum Vol 10, No 3: December 2021
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v10i3.54891

Abstract

Blockchain has functioned as a ledger that decentralizes controls with immutable and irreversible character and have the potential to overcome the deficiency of traditional contracts, especially in today’s digital era such as the e-commerce industry. Unfortunately, although famous to be used for blockchain and smart contracts have not been applied widely in Indonesia and there is no regulation that specifically regulates the use of blockchain technology and smart contracts. This article will analyze the application of smart contracts to escalate consumer rights in e-commerce services. This research showed that the self-executory characteristic of smart contracts helps the consumer to have an equal bargaining position with businesses actors in determining the contents of the contract. In response to those curative efforts, the smart contract will be advantageous as a preventive scheme for PIL cases. The self-executory character of the smart contract will prevent many PIL cases which are potentially occurred. The immutable nature of blockchain records will also be helpful for any dispute settlement scheme. This might be led to the tendency that international e-commerce cases should not be litigated or to be set for an arbitration tribunal. Those international e-commerce cases might not require settlement of judicative branch and may be settled at the administrative level. Consequently, this would create a more effective and efficient settlement, both in time and money. Those advantages have made blockchain-based smart contracts will be prospective in Indonesia, in the upcoming future
Judicial Pardon in Update of the Criminal System Against Middle Crimes Sagung Putri M.E. Purwani; Putu Mery Lusyana Dewi
Yustisia Jurnal Hukum Vol 10, No 3: December 2021
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v10i3.55347

Abstract

Judicial pardon is a concept of punishment in which a defendant is proven guilty but is not sentenced by judges. It is not explicitly regulated in the Criminal Code in Indonesia. Therefore, it is important to examine the concept, specifically in the event of the renewal of criminal law toward minor offenses. This research aimed to determine the concept of judicial pardon in reforming the criminal system for minor offenses and its ideal setting in the future. This normative legal research was conducted with a  statutory,  a  concept,  a  comparative,  and  a  case  approach. The results indicated that the concept of judicial pardon in the renewal of the criminal system could be an alternative judges’ decision on minor offenses. Philosophically, it is under the values of the 1945 Constitution of Indonesia, and sociologically, it is a response to many public criticisms of law enforcement against a minor criminal offense that is considered unfair. Juridically, the rationale or basis for this concept can be found in the Law on Judicial Power, where judges are obliged to dig, follow, and understand the legal values and the sense of justice in society. The ideal judicial pardon arrangement in Indonesian criminal law should be considered with several provisions regarding crime severity limitation and further provisions after being granted a pardon.
Copyright Protection for Wood Mask Artists: a Regulatory Analysis Pujiyono Pujiyono; Slamet Subiyantoro; Sufmi Dasco Ahmad; Kristiani Kristiani; Dwi Maryono
Yustisia Jurnal Hukum Vol 10, No 3: December 2021
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v10i3.66712

Abstract

Wood Masks are works of art inherited from ancestors that are still produced in Indonesia. But in its development, apart from facing quality challenges, another challenge is the protection of its creators. The easy plagiarism of works is the reason the competition for works becomes unhealthy. A legal breakthrough is needed so that the creator of the work gets moral and economic protection. This research was conducted normatively with a statutory and conceptual approach, the data collected was secondary data. The results of the study indicate that there is a weakness in the substance of the offense which is the complaint offense, in addition to low public literacy, the registration of works in the government is low.

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