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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 12, No 2: August 2023" : 6 Documents clear
Eliminating the Gap of Labor and Social Protection for the Workers of Platform-Based Transportation Rekson Silaban; Hanief Saha Ghafur; Dyah Widiawaty; Basir Basir
Yustisia Vol 12, No 2: August 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i2.69344

Abstract

This study aims to examines online transport business practices in Indonesia and assesses whether workers get decent labor protection. The study tries to provide the answer to the unresolved debate about what form of regulation to close the protection for platform work. The method used a descriptive-qualitative research design with the study case paradigm notably in online transportation sectors. Research data was obtained through in-depth semi-structured interviews with drivers from different apps in Jakarta, the Indonesia Capital City. The study found that the improvement of employment protection for workers can only be done by first clarifying the legal status of workers, and determining the form of employment protection that is suitable for them, which is made through a special regulation. The study proposes a way out by providing options based on selected countries experiences of different continents on how the platform should protected without hurting platform business.
The Postponed Regional Head Elections in Emergency Situations: a Constitutional Democracy Perspective in Indonesia Fikri Ahsan; Wahyu Andrianto; Djarot Dimas Achmad Andaru; Mohamad Mohamad Hanapi
Yustisia Vol 12, No 2: August 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i2.64638

Abstract

The postponement of regional head elections may be done when the country is declared in a state of emergency. Emergencies such as war, economic crises, disease epidemics, and natural disasters affect the constitutional rights of citizens regulated by the 1945 Constitution. Therefore, legal instruments are needed to avoid unconstitutionality in fulfilling constitutional rights and democratic values during emergencies or dangers, including postponing regional elections during the COVID-19 pandemic.  Article 12 of the 1945 Constitution is the most relevant legal basis for activating emergency constitutional law   when   the   state   is  declared dangerous. However, Article 22 of the 1945 Constitution was preferred in postponing  regional  elections.  Even though the holding of elections itself is guaranteed by the constitution every five years, on the other hand, the constitution has not regulated the postponement of elections if the country is in danger or an emergency. So, in the future, there will need to be constitutional amendments and new regulations that further widen the spectrum of dangerous or emergency conditions without forgetting Article 12 of the 1945 Constitution as a consideration
The Form and Pattern of Business Actors Requirements in Exclusive Dealing: A Rule of Reason Approach Anna Maria Tri Anggraini; Ahmad Sabirin; Yoel Nixon A Rumahorbo
Yustisia Vol 12, No 2: August 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i2.73316

Abstract

Tying is usually defined as the dominant company selling one product since the buyer must also purchase a different product or agree not to purchase the bonded product from other suppliers. This paper analyzes requirements imposed by the reported business actor on other parties deemed to have violated the tying and bundling under competition law in Indonesia, the U.S., and the European Union. Also, it discusses the application of the Rule of Reason by the competition commission in these three region. This study uses a comparative law approach. The results of the analysis show that a tying agreement is an agreement that requires the recipient of the supply to buy other products that are not necessarily needed. Usually, these agreements are entered into by two affiliated companies or at least cooperating partners, one of which occupies a dominant position to prevent competitors from entering the relevant market. Not all tying agreements have a negative impact. Therefore, an impact analysis is needed through a rule of reason approach, especially in digital-based industries.
A Circular Economy-Based Plastic Waste Management Policy in Indonesia (Compared to China and EU) Rahayu Subekti
Yustisia Vol 12, No 2: August 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i2.72177

Abstract

Indonesia is a significant plastic waste producer and has more responsibility. In response, the Indonesian government has released several plastic garbage-related policies. However, the policies are viewed as ineffective. Through the circular economy concept, this study examines potential waste management policies for sustainable development by examining existing policies and comparing China's and the European Union's policies. The study shows that Indonesian waste management is highly dependent on the government. The policy affecting many sectors should require synergic participation from the related stakeholders, namely employers, investors, academicians, and civil society. As learned from these two countries, they have regulations related to an integrated waste management system, so there are no overlapping regulations. Furthermore, Indonesian waste management should consider the availability of a market for environmentally friendly items
Inadequate Cryptocurrency and Money Laundering Regulations in Indonesia (Comparative Law of US and Germany) Tiara Putri; Amiludin Amiludin; Dwi Nurfauziah Ahmad; Hidayatulloh Hidayatulloh
Yustisia Vol 12, No 2: August 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i2.71835

Abstract

Cryptocurrency as a virtual currency managed by a decentralized system makes it immune to government interference and allows it to transact under pseudonyms. This has the potential for cybercrime and illicit transactions, especially money laundering. This study aims to compare legal instruments in Indonesia, the US, and Germany regarding the use of cryptocurrency as a money laundering tool and to analyze the readiness of Indonesia to respond to this crime. This study is normative legal research conducted using a comparative and statutory approach. These findings show that the US and Germany have extensively regulated crypto. In the US, Crypto transactions are considered MSB, subject to BSA compliance. Each transaction must comply with AML, KYC, and CIP requirements. In Germany, Cryptocurrency is considered a personal asset. The crypto trading must meet the KYC and AML requirements. Indonesia needs advanced regulations because crypto is only considered an investment asset. The investigation is difficult because cryptocurrency is transacted pseudonyms, so connecting pseudonyms with real people is challenging
Enhancing Consumer Protection in the Indonesian Financial Service Sector through the Utilization of Standardized Contracts Lastuti Abubakar; Tri Handayani
Yustisia Vol 12, No 2: August 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i2.61271

Abstract

The Financial Services Sector is a pioneer in developing standard contract regulations. This standard contract complements Contract Law that did not initially regulate standard contracts. This study aims to analyze the development of standard contract regulation in the Indonesian financial services sector. It examines aspects that require strengthening so that standard contracts can become a protecting consumer tool in the financial services sector. This study uses a normative juridical approach with a descriptive-analytical research specification. The results show that: 1) The development of standard contract regulations in the POJK on Consumer Protection used by Financial Service Business Actors (PUJK) contains the principles and prohibitions on including exoneration clauses and undue influence. This provision fills the legal vacuum regarding standard contracts that still refer to the freedom of contract principle and Book III of the Civil Code and other related regulations. The use of the standard contracts encourages PUJK to comprehend the importance of consumer protection; 2) OJK should strengthen regulatory aspects by issuing guidelines on standard contract formats and contain correct interpretations of the scope of undue influence and supervise the standards contract both directly and indirectly that have been implemented by PUJK.

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