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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 6 Documents
 1 
Search results for , issue "Vol 11, No 1: April 2022" : 6 Documents clear
Autocratic Legalism: the Making of Indonesian Omnibus Law Zainal Arifin Mochtar; Idul Rishan
Yustisia Vol 11, No 1: April 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i1.59296

Abstract

The Indonesian House of Representatives’ approval of the Omnibus Law on Job Creation marks a significant enhancement of the business climate and a step forward for labor market flexibility, which should, over time, improve the country’s international competitiveness. But, the Constitutional Court delivered shocking news by declaring that the omnibus Job Creation Law, is partly unconstitutional on November 2021. This study aims to reveal two things. First, procedural injustice in the making of Indonesian Omnibus Law on Job Creation. Second, the root of autocratic legalism and its prevention. The study is a doctrinal legal research with qualitative analysis. It has identified that (1) five violations of procedural justice in the making of the omnibus law reflect autocratic legalism in Indonesia; and (2) three factors contribute to the phenomenon. The three contributing factors are (i) the co-optation of the ruling party in the parliament, (ii) the violations of the law and constitution, and (iii) the undermined judicial independence. Indeed, the cartelization in political parties should be ended. Therefore, citizens need to conduct strengthened collective control. In addition, the independence of the Constitutional Court should be preserved.
The Jordanian Bank's Compliance Practice on Custom and Letter of Credit Emad Mohammed Al-Amaren; Sultan Ibrahim Aletein
Yustisia Vol 11, No 1: April 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i1.61054

Abstract

The Uniform Custom and Practice (UCP 600), has defined letter of credit as: “Any arrangement, however, named or described, that is irrevocable and thereby constitutes a definite undertaking of the Issuing Bank to honour a complying presentation". UCP 600 is subject to four main principles: Strict Compliance, Autonomy, Documents handling and virtue examination. This study aims to identify the fundamental principles governing letter of credit operation under the Jordanian Banks practice. Through a qualitative and doctrinal legal approach, this study analyses the organization of UCP 600 regarding the principle governing L/C and the extent to which Jordanian banks adhere to the principles of UCP 600. It also examines, via case approach the Jordanian court's approach towards this matter. The findings reveal that the Jordanian banks (Conventional and Islamic) with 100% are fully committed to the UCP. Moreover, this study also has found that Although Jordanian legislators did not regulate letters of credit operations under the commercial law, it can be noticed, based on the commercial law, that the autonomy principle is applicable in Jordan, even if it is applied in a different context.
Redefining the Air Defence Identification Zone in the Framework of Customary International Law Priyo Hadisusilo; Sigit Riyanto; Harry Purwanto
Yustisia Vol 11, No 1: April 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i1.57891

Abstract

The use of force against other countries is strictly prohibited and has the character of jus cogens. However, this provision is not rigidly applied in the self-defence context codified in the United Nations Charter 1945 Article 51, also in the air defence context through the existence of the Air Defence Identification Zone (ADIZ). This research discusses whether ADIZ embodies the anticipatory efforts in the framework of customary international law. The research results indicate that the determination of ADIZ is not a form of self-defence principle in Article 51, which is the realm of jus ad bellum. Moreover, the conservative self-defence prerequisites in Article 51 are no longer relevant in line with the revolutionary development of aviation and its armament technology. Therefore, ADIZ as a state security practice constitutes a form of anticipatory efforts within the framework of long-standing state practice as customary international law. 
NORMATIVITY IN LEGAL SOCIOLOGY: Methodological Reflection on Law and Regulation in Late Modernity Sapto Hermawan; Febrian Indar Surya Kusuma
Yustisia Vol 11, No 1: April 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i1.60982

Abstract

Debates on the discussion of the law limits began to emerge along with the development of science. For some circles, interdisciplinary discussions are considered essential because they can complement a mature legal study. This concept also gave rise to legal studies carried out together with other scientific groups such as social sciences. In this context, the combination of the scope of social science and law has contributed to studying the prevailing social conditions by applying the rule of law. The limitations of the extra-legal aspects that appear in the socio-legal study are what then raise and require confirmation to be said as a study that results from the legal study space.
International Human Rights Protection: The Impact of COVID-19 Pandemic on Domestic Violence Yordan Gunawan; Dwilani Irrynta
Yustisia Vol 11, No 1: April 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i1.58872

Abstract

The Corona Virus Disease 2019 (COVID-19) outbreak has impacted practically every aspect of life worldwide, particularly Asia. Governments from various States work hard to prevent and mitigate the spread by instituting multiple social distancing and lockdown measures. While those measures have been effective in containing the spread, there are other negative consequences, including the risks associated with domestic violence in the family home, whether physical, psychological, verbal, sexual, or economic violence. Subsequently, there has been a significant increase in online searches for help from intimate partner violence, according to the United Nations Population Fund (UNFPA). Moreover, the UN Women also reported that essential services, such as shelters and helplines, have exceeded their capacity. Using a normative legal research methodology that sources are obtained from secondary data, the finding shows that thousands of women living in several Asian States experienced more abuse in domestic violence and had less resilience during the pandemic. Whether national or international, the existing regulations are insufficient to prevent violence and protect victims. Thus, remote services in various sectors, including social, health, and justice, must be further developed and institutionalized by the States to overcome such issues.
Conservation Outside Forests in Indonesia : An Option to Untangle Authority Dualism in the Essential Ecosystem Area Agustina Merdekawati; Marsudi Triatmodjo; Sandy Nurvianto; Irkham Afnan Trisandi Hasibuan; Vivin Purnamawati; I Gusti Putu Agung
Yustisia Vol 11, No 1: April 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i1.54789

Abstract

As a country rich in biodiversity, Indonesia has realised the importance of conducting conservation efforts beyond the designated conservation areas, where most of the biodiversity elements are located. In fact, the country has adopted the concept of Essential Ecosystem Areas (EEAs) into various statutory instruments. However, the implementation of EEA policies has faced various obstacles stemming from the dualism of authority between the central and regional governments in establishing and managing EEA. Act No. 23 of 2014 on Regional Government delegates the implementation to the provincial governments. At the same time, Government Regulation No. 28 of 2011 mandates that the exercise of EEA protection be integrated with conservation efforts conducted by the central government. Therefore, this study aims to analyse the legal implications of the dualism of authority in EEA implementation and provide recommendations for a regulatory scheme. The problem may be mitigated by considering the factors relevant to the regulatory implementation aspects. The results revealed that the existence of dualism of authority has had implications in several aspects, including the authority in establishing, managing and financing EEAs, which have prevented authorities from achieving the objectives of establishing EEAs. Thus, this study also recommends the integrated and modified implementation of EEA policies in several ways

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