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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 10 Documents
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Search results for , issue "vol 3, no 3: december 2014" : 10 Documents clear
PERTARUNGAN WACANA POLITIK HUKUM ISLAM dI INdONESIA Hafidh, Ahmad
Yustisia Vol 3, No 3: December 2014
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v3i3.29558

Abstract

Politic of law is a result of social, political, and cultural dynamics that is life and increase. It is not merely a value-free policy formulation, but the product of a process of interests between groups within a country, in addition to the influence of history, philosophy, and the characteristics of life embraced. Likewise Negara Kesatuan Republik Indonesia (NKRI), each phase of the history of national life have generated legal policy as a result of the intersection of social, political, cultural and even economic interests played by the various political components of the nation. Conceptual disputes, exchange of interests, and the various dynamics that in the terminology of sociological studies interpreted as a championship make   a domination and hegemony of discourse so that produce the national policy. This article describes a sketch of the history of politic of law of Indonesia in relation to the Islamic sharia from pre-proclamation of independence periodof Indonesia Republic to the post-reform. Inexplaining the reason, this paper uses the symbolic power championship theoretical framework developed by sociologist Pierre Boudieu. In the theory, Pierre Boudieu mention that the sphere of social life is a struggle between the modals of the group to control a discourse. In order to win the champion often the violence occurred. Depend on the domination of doxa (symbolic power), the faction of political power dominate the policy, character and style of social life was, of course, including the legal sphere. In the span of the history of Indonesia, determination of political factors in control of politic of national laws related to Islamic sharia is very powerful. Even Islamic shariah in several phases be used as a tool of government to control the social dynamics for the interests of power.
KEBIJAKAN PENGELOLAAN PULAU-PULAU KECIL TERLUAR INDONESIA DALAM MENGHAdAPI PERUBAHAN IKLIM GLOBAL Sari, Diah Apriani Atika; Muslimah, Siti
Yustisia Vol 3, No 3: December 2014
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v3i3.29548

Abstract

Indonesia is an archipelago with thousands of islands scattered across the country. Among of these islands are small islands and outer islands of Indonesia territory which has sea border with neighboring countries. This research is a legal research. The source of data are secondary data. The research data are analyzed by qualitative approach. The results of this research show that the growing issue of climate change in the global world, cause the existence of small islands are in a high risk situation because of erosion and sea level rise. As a result, there will be pressure on the coastline so that some small islands are in the risk of losing some part of its land and even some islands are threatened to sink completely. Shoreline retreat in the outermost small islands could potentially result in a change in Indonesian maritime boundaries with neighboring countries and undermine Indonesia’s claim over the sea area. Moreover, Indonesia is still manage to establish some international agreements through bilateral diplomacy with neighboring countries, related to maritime boundaries with neighboring countries. This bilateral international agreement on border is absolutely necessary to strengthen claims over sea boundaries in Indonesia. Therefore, mitigation and adaptation strategies in deal with climate change issues are important to be integrated into the management policy of outermost small islands so that it will deliver a management concept that is resilience to climate change.
ACCOUNTABILITY OF CONSTRUCTION SERVICES CONTRACT BY VILLAGE GOVERNMENT IN KARAWANG DISTRICT Putra, Pamungkas Satya
Yustisia Vol 3, No 3: December 2014
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v3i3.28720

Abstract

One of the principles in Law Number 2 of 2017 concerning Construction Services is the principle of mutually beneficial partnerships. With this principle, the linkages can be realized in an efficient and effective unity between service providers. Such a partnership also means providing greater business opportunities without ignoring the rules of efficiency and effectiveness and benefits. This is one of the efforts to accelerate the development of the Village Government. The research method uses normative juridical with descriptive analytical research specifications. Descriptive because the results of this study are expected to obtain a comprehensive and systematic description of the construction service agreement relating to the problems raised in this study. The results of the discussion are: Regulation in Law Number 2 of 2017 concerning Construction Services for legal renewal from the previous Law Number 18 of 1999 concerning Construction Services. The government should make adjustments to the implementing regulations of the law, including the Karawang Regency Regional Regulation related to the responsibility of the Village Government in the implementation of this Construction Service so that it complies with the provisions of Law Number 2 of 2017. Then the government is advised to impose other technical regulations considering that the legal problems of construction services that have the potential to criminalize are quite varied in Indonesia.
ANALISIS PERKEMBANGAN SISTEM PERADILAN PIDANA DITINJAU DARI PERSPEKTIF PENGADILAN TINDAK PIDANA KORUPSI .Fitriati, Fitriati
Yustisia Vol 3, No 3: December 2014
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v3i3.29550

Abstract

Under Law No. 30 Year 2002 on Corruption Eradication Commission , in particular in Article 53 . Corruption Court is located in the General Court . Initially he was not formed by a special law or its own but one package with the establishment of the Corruption Eradication Commission ( KPK ). Key developments other Corruption Court is authorized as provided in Article 6 of Law No. 46 of 2009 , which states that the Anti-Corruption Court has authority to examine , hear and decide the case : corruption , money laundering is the underlying predicate offenses of corruption and criminal offenses expressly provided in other laws defined as corruption . In addition, the trial of corruption in the region . Eradication of corruption is a systematic and continuous one can do with efforts to establish court corruption ( corruption ) which is located in every capital city / town in Indonesia . Problems of development of the criminal justice system in Indonesia in terms of authority corruption court is a court of corruption that is in the many different areas acquittal of corruption cases .
MENGGAGAS INDONESIA SEBAGAI NEGARA HUKUM YANG MEMBAHAGIAKAN RAKYATNYA Hamzani, Achmad Irwan
Yustisia Vol 3, No 3: December 2014
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v3i3.29562

Abstract

The development of the concept of state law is a product of history. Formulation of understanding continues to evolve to follow the historical development of society in the state, although in practice the discussion refers to the concept of the modern state of the mainstream since the 19th century; Continental European Rechtstaats concept, and Anglo-Saxon with the concept of Rule of Law. Each country has its own style. The concept of state law in one country can not be forced into other countries. Indonesia has the Pancasila ideology that by applying them consistently, so it can become law states that happy people.
MODEL PENANGGULANGAN CARDING Rofikah., Rofikah
Yustisia Vol 3, No 3: December 2014
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v3i3.29552

Abstract

This study issue was the credit card crime (carding) in Indonesia conductedin Bank Indonesia and Indonesian National Police Headquarters. Carding is international cyber crime causing society restively particularly the credit card users, due to the computer technology of carding beyond the national boundary. The coordinated, inter-state cooperation and understanding of science and mastery of computer and related products are mandatory to the necessity of facing the cyber crime carding. The primary data obtained by direct interviews with the police (Police Headquarters) and Bank Indonesia meanwhile the secondary data attained from books, magazines, internet and research. This study indicated that the handling of carding preventively conducted by the Police in coordination with Bank Indonesia to supervised/ restricted the circulation / issuance of credit cards, issuing red book on carding prevention guideline and actively informed the banking about carding issues. Meanwhile, Bank Indonesia are obliged to form theregulation draftin credit cards utilization Carding.countermeasuresreperesively performed using mediation between the bank that issued the credit card, the credit card holder and carding actors with Bank Indonesia as the mediator. If mediation did not reach an agreement, the cases would be handed over to the police, treated as a crime in general.
PENDEKATAN RESTORATIVE JUSTICE SEBAGAI UPAYA PENYELESAIAN SCHOOL BULLYING Widyawati, Anis
Yustisia Vol 3, No 3: December 2014
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v3i3.29274

Abstract

This research uses Socio Juridical approach by reviewing the pandects prevailing in the society, analyzing the implementation of Restorative Justice in settling and minimizing the cases of School Bullying, acquiring data related to the factors of school bullying, the characteristics of the bullies and the bullying facts, and digging up the efforts to overcome bullying , either for the victims, the witnesses, the school or the parents. This research uses in depth interview, observation and documentation. In depth interview is conducted on a number of respondents, namely the students of SMPN 3 Boja and the teachers on Guidance and Counseling. The result of the research shows that in the teaching and learning process and the extracurricular activities in SMPN 3 Boja, the forms of bullying including direct physical contact such as beating and pushing, direct verbal contact such as the acts of disgracing, name-calling, and mocking, direct non-verbal behaviors by sticking the tongue out, mocking, or threatening which are usually followed by physical or verbal bullying, and indirect nonverbal behaviors such as expelling someone from the group, manipulating friendship, and sending anonymous letter. According to the result of the research, the writer recommends the restorative justice approach as the solution in settling the school bullying in order to make the students be responsible for their actions. This approach should be applied by involving the victims and the relevant parties especially the family and the society to take role in mending the suspected children’s morality so that they will not feel as if they are prisoners who should be expelled from their environment and will have the motivation to improve themselves and not to repeat their mistakes. Lastly, the law upholder should adjust the Law No. 11/2012 on Juvenile Criminal Justice System in settling children as the criminal offenders.
REFORMULASI PENGANGKATAN TENAGA HONORER KATEGORI 1 (K1) dAN KATEGORI 2 (K2) PROVINSI JAWA TENGAH .Hartiwiningsih, Hartiwiningsih
Yustisia Vol 3, No 3: December 2014
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v3i3.29554

Abstract

This study on the implementation of the K1 and K2 hiring policy be employess in the province of Central Java. Goals to be achieved is to obtain material and data in the framework proposed procurement policy reformulation civil servant particularly from temporary employees. The experiment was conducted by using the approach of law (statutory approach) and approaches the case (case approach). Using primary data and secondary data more emphasis on objectivity and honesty are realized by explaining the purpose of research to the informant. Additionally secret informant’s identity, so that the consequences of the results of this study do not affect the informant who had provided information. The results showed that in the province of Central Java, in the implementation of procurement policies as a problem-solving contractual government empolyee called K1 and K2, beginning with data collection activities, socialization PP 48/2005 jo. PP 43/2007 and its implementation visible to the interaction between institutions or organizations framers with relevant agencies. Interactions can be coordination (coordination meetings), commands / instructions (circulars, technical instructions). Institutionalization and setting honorary workers in Central Java environment problematic minimal because of the following 4 things, (i) Legality officials who appoint honorary varied; (ii) payroll funding not only from the state budget / budget but also from other revenue;(iii) The place of work is not in government agencies but are appointed by the competent authority salary from the state budget / budget; and (iv) A lot of temporary employees who do not meet the provisions of Regulation on age and years of service. To that end, the future recruitment area honorarium need for precise criteria for the task or work performed by a local temporary employees. To be able to make improvements in the planning area management strategies honorary staff, need to know thoroughly the patterns in which the planning strategies in making decisions and actions must be in accordance with the plan to do.
TINDAK PIDANA PERDAGANGAN ORANG (HUMAN TRAFFICKING) KHUSUSNYA TERHADAP PEREMPUAN DAN ANAK : SUATU PERMASALAHAN DAN PENANGANANNYA DI KOTA SEMARANG Wulandari, Cahya; Wicaksono, Sonny Saptoajie
Yustisia Vol 3, No 3: December 2014
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v3i3.29272

Abstract

The rise ofhuman trafficking casesinIndonesia, raisesits own concerns. Various cases ofhuman trafficking is happening right now based on reports in the mass media and electronic media as well as some research show human trafficking especially in women and children need serious attention. Trafficking of women and children that occurred in Indonesia usually for prostitution, pornography, begging and domestic servants. This studyaims to determine the factors that cause the occurrence of women and children trafficking and find difficulties in handling cases of trafficking in women and children. This research was conducted with the juridical sociological analytical descriptive. Primary data and secondary data collected through free guided interview techniques, library research and documentation. Determination ofthe respondents conducted bypuporsive sampling. Data that has been collected analyzed qualitatively.The study concluded that: (a) the factors that influencehuman trafficking especiallyof women and children in general because of poverty, lack of education, lack of information andare in thesocio-cultural conditions that are less favorable for their development. (b) Constraints in the handling ofcases ofhuman trafficking apart due to lack ofknowledge ofthe law enforcement in implementing UU No.21 Year2007 on Pemberantasan Tindak Pidana Perdagangan Orang is also due tothe lack ofcross-sectoral coordinationin the handling ofthe case.
KEDUDUKAN HUKUM POSITIF INDONESIA TERHADAP KEBIASAAN MASYARAKAT NELAYAN DALAM KEBIJAKAN BAGI HASIL PERIKANAN DI KECAMATAN MUNCAR KABUPATEN BANYUWANGI Winarno, Djoko Wahju; Subekti, Rahayu; Candrakirana, Rosita
Yustisia Vol 3, No 3: December 2014
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v3i3.29276

Abstract

The Act No. 16 year 1964 on Fisheries harvest-sharing regulated the policy of harvest-sharing on fisheries products in order to improve the welfare of the fishermen. However, the regulation seems to not running well, especially in Muncar District Banyuwangi Regency, where the fishermen were not familiar with the regulation and had their own customs on fisheries harvest-sharing which come across generations. This writing was applying the empirical legal study. The instruments were structured field interview towards fishermen, boat owner, and local government officials, which supported by literature review. Analysis was carried out by interactive model. This study found that the national regulation was unrecognized among the local fishermen and the harvest-sharing policy was based on their local customs. The harvest- sharing policy mostly was determined by the boat owner without former agreement. Therefore, the local government should supervise the application of the national regulation on harvest-sharing policy in order to improve the welfare status of the local fishermen. In addition, the ultimate social justice for the community will then be achieved.

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