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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 3 Documents
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Search results for , issue "Vol 13, No 2: August 2024" : 3 Documents clear
Reciprocal Data Portability to Foster Financial Services Competition in the Open Banking System Era Jamal Wiwoho; Umi Khaerah Pati; Anugrah Muhtarom Pratama
Yustisia Vol 13, No 2: August 2024
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v13i2.75786

Abstract

This article analyzes the feasibility of incorporating reciprocal financial data into Indonesia's open banking system by studying its implementation in the United Kingdom and other countries. The methodology employed is conceptual, statutory, and comparative legal, utilizing data gathered from secondary legal sources. The study discovered that reciprocal data finance could be a supplementary measure to enhance data portability rights. This approach enables banks to provide compensation for access to account data, utilizing the concept of "paying by data". Indonesia should contemplate the adoption of data reciprocity alongside the portability rights outlined in Article 13 of the PDP Law. Subsequently, it can be configured inside the SNAP settings. Before proceeding with this development, it is crucial to establish Open banking in Indonesia by effectively balancing the goals of personal data rights and market competition. This circumstance will encourage Bank Indonesia to collaborate with other regulatory bodies, such as competition authorities, data protection regulators, and sector regulators. Despite potential differences in their objectives, this collaboration is necessary as reciprocal data portability initiatives may involve multiple regulatory domains.
Grundlagen of Legal Responsibility and Guaranteeing the Efficacy of Measures in Compliance with European Human Rights Standards Nataliia Zahrebelna; Andrii Dubovoi; Oleksandr Vashchuk; Serhii Sadovyi; Alla Pyshna
Yustisia Vol 13, No 2: August 2024
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v13i2.79537

Abstract

The study aims to analyze effective human rights protection by clarifying the concept of legal liability from the point of view of the EU legislation and case law on human rights. Ensuring justice, freedom, and equality before the law is important. Ukraine is committed to EU integration; therefore, adapting Ukrainian legislation to European standards is a key step in this process. The study focuses on determining the need for and ways of adapting the Ukrainian legal framework to European standards. As a result of the study, The European Union (EU) plays a crucial role in Ukraine's foreign and integration policy, emphasizing the need to harmonize legislation with European standards. Legal liability is crucial in modern legal doctrine, ensuring the rule of law, guaranteeing rights, and protecting interests. Ukraine should learn best practices from the EU, such as Germany's "judicial autonomy" principle, to strengthen its independence. The EU also promotes transparency in appointments and careers, fighting corruption through anti-corruption bodies and financial control. Ukraine should also study and implement effective administrative liability systems, such as those used by France and Spain, to improve internal control and respond effectively to violations.
The Challenges of Environmental Protection in Outer Space Following Russia’s Anti-Satellite (ASAT) Weapon Test Activities Ribqha Claudya; Irawati Handayani
Yustisia Vol 13, No 2: August 2024
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v13i2.83749

Abstract

One of the effects of space activities is the creation of space debris that can endanger either the space environment or the Earth’s environment. In response to concerns regarding a swift escalation in space debris, Russia tested its Anti-Satellite (ASAT) Weapon by deploying the PL-19 Nudol missile against its satellite, Cosmos 1408, generating space debris. This situation certainly raises the question of how to protect the environment in space and whether international environmental law that provides a legal framework for protection in the world can also be applied in outer space. This article offers a new perspective on implementing international law to protect the space environment. This study adopts  normative  juridical  research  methods  by  utilizing  a statute and case approach to analyze the research.  The analysis showed that space debris generated from ASAT Weapon testing activities by Russia is regarded as harmful contamination under Article IX of OST under the interpretation of the term through the method of interpretation regulated in the 1969 VCLT because these activities produce long-lived space debris. Further, Russia violated the principles of environmental protection in space by failing to fulfill the obligations contained in these principles, such as taking precautionary measures and international consultations before carrying out such test activities.

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