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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 5 Documents
 1 
Search results for , issue "Vol 11, No 3: December 2022" : 5 Documents clear
Legal Protection of Stateless Persons Arising From CrossBorder Marriage: Indonesia and East Timor Case Study Nanik Trihastuti; Tri Laksmi Indreswari; Daniel René Kandou; Mira Novana Ardani; Diastama Anggita Ramadhan
Yustisia Vol 11, No 3: December 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i3.59287

Abstract

Statelessness is a continuing international legal issue, with individuals lacking the protection of fundamental rights within the jurisdiction of a State. One aspect contributing to this problem is customary cross-border marriage between people of different nationalities, particularly in local border towns, for a variety of reasons. This study examines the phenomenon as a cause of statelessness and undocumented individuals and what the legal protection that international human rights instruments provide for States to comply. This study uses legal research by comparing the East Timor Constitution. Based on the study's results, the potential for statelessness and undocumented people due to cross-border marriage by custom has a detrimental effect on both women and children since it is difficult for them to obtain residence documents. Cross-border marriages between East Timorese men and Indonesian women by customary causing unregistered in Indonesia and East Timor. Field research shows that Indonesian women/wives in East Timor cannot exercise their rights since they are not East Timorese nationals. Noting the conflict of nationality laws between States, especially bordering States, the failure of both States to accommodate women that married are non-nationals breaches Article 9 of CEDAW and constitutes as discrimination against women defined under Article 1 of CEDAW
Access to Justice: New Right or a Reaffirmation of Existing Human Rights for Persons with Disabilities? Melaku T Zengeta
Yustisia Vol 11, No 3: December 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i3.68402

Abstract

The Convention for the Rights of Persons with Disabilities (CRPD), as a specific human rights instrument, seems to create a new disability-specific right to access justice under Article 13. This study analyzed the place of specific rights for people with disability to access justice in the CRPD. The article uses the conceptual approach related to the disability and human right at the international instrument. This study concludes that Article 13 of the CRPD has expanded the traditional conceptions of access to justice since it also covers effective remedy and fair hearing. Several inherent limitations, or impairments, which interact with multidimensional and inherent barriers, have prevented persons with disabilities from accessing justice based on equality. The article has shown that the new set of rights is a guarantee of justice. 
The Recent Crisis of the WTO Appellate Body: Is the WTO’s Reform a Solution? Intan Baretta Nur Annisa
Yustisia Vol 11, No 3: December 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i3.68070

Abstract

At the end of 2019, the international society was surprised by the cessation of the Dispute Settlement Body of the World Trade Organization (WTO) since the United States (US) blocked the election of the new judge of the Appellate Body (AB). This study examined the superiority and drawbacks of the implementation and capacity of the WTO dispute settlement body (DSB) to maintain the trading system among the state members. This paper finds that the WTO DSB plays a crucial role in the panel report’s acceptance. WTO also continues to develop and is characterized by a strict interpretation of the WTO treaties. Nevertheless, provisions were criticized, which made their implementation inefficient, such as retaliation, the lack of transparency, the restriction of amicus curiae briefs, the procedure of concession suspension, and the deficiency in the enforcement of the report by the injured party. The crisis that happened to the AB could trigger countries to revise the mistakes in the WTO whole system. This situation presents a chance to resolve issues about the output quality and institutional mandate observance of the WTO tribunals. Overall, the ideal option for member states is to continue incurring the costs of loss, develop a consensus, earn global benefits to keep the trading system running and support the WTO through active participation.
Cartel Indications on Determination of Loan Interest Rate in Fintech Lending Sukarmi Sukarmi; Ranitya Ganindha; Reka Dewantara
Yustisia Vol 11, No 3: December 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i3.56339

Abstract

The application of information technology platforms that appear in business transactions in Indonesia is a pattern of business models that cannot be avoided. One of the rapidly growing technology companies is an online loan service.The ease of borrowing funds through these services supports business growth. In contrast to the banking sector, which is regulated by a series of strict government regulations and the determination of interest rates that have been determined by looking at economic conditions. The absence of regulation in the legislation makes AFPI set the limit for determining the maximum interest rate, but the determination of interest rates by AFPI is suspected to lead to cartel actions. There is a close relationship between fair business competition and consumer protection. This research is a normative juridical research with a statutory approach and a comparative approach. In this case, the setting of interest rate limits will reduce consumers’ rights to get competitive prices. The existence of conscious parallelism by the AFPI on the LPMUBTI services can be categorized as a price fixing agreement. It is because the determination of the maximum interest rate limit is not regulated through direct government regulations.
The Legality of Israel’s Self-Defense Claim of the Strikes on Hamas Vania Lutfi Safira Erlangga; Sefriani Sefriani
Yustisia Vol 11, No 3: December 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i3.61262

Abstract

The attacks by Israel against Palestine, which took place from 10th to 12th May in the Gaza Strip caused massive losses of civilians. Israel claims that the strikes are forms of self-defense in response to previous attacks by Hamas. This study has two objectives: (1) to analyze the arrangements of self-defense in international law and (2) to find out the legality of Israel’s self-defense claim of the strikes on Hamas on May 10-12, 2021. The study was a juridical-normative legal study with a conceptual, historical, and statutory approaches. The results of the study reveal that (1) self-defense is customary international law contains in Article 51 of the United Nations Charter; (2) Israel’s self-defense claim is invalid since it does not comply with Article 51 of the United Nations Charter and elements contained in International Customary Law, such as necessary, proportionality, immediacy, and imminence.

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