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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 13 Documents
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Search results for , issue "Vol 5, No 3: December 2016" : 13 Documents clear
IMPLEMENTATION OF GOOD CORPORATE GOVERNANCE AT THE BACKDOOR LISTING PROSEDUR AS MEANS OF BUSINESS DEVELOPMENT IN INDONESIA STOCK MARKET Yudho Taruno Muryanto; Anisa Dwi Wulandari
Yustisia Vol 5, No 3: December 2016
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v5i3.8800

Abstract

AbstractDevelopments in the field of capital markets encourage the emergence of various corporate actions to obtain benefits such as a public company. One of the emerging corporate actions which have been done is Backdoor Listing. Regulations in the capital market is generally allowed backdoor listing. Backdoor Listing procedure are often executed in Indonesia are as follows: (1) The acquisition of control of a public company by private company through the rights issue (2) the acquisition of private company by an public company that has an affiliate relationship with the private company into standby purchaser/ new controllers. Study fulfillment of the Good Corporate Governance principles in the backdoor listing procedure is known that this procedure is still not met the Principles of Transparency, Accountability, as well as fairness and equity. It is needed to establish the rules of providing transparency obligation to assess the feasibility of a new public company controller. 
INDONESIA’S TAX AMNESTY LAW BASED ON THE PERSPECTIVE OF THE LAW AS AN ALLOCATIVE SYSTEM Agus Darmawan
Yustisia Vol 5, No 3: December 2016
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v5i3.8788

Abstract

AbstractThis study aimed to evaluate academic on Law Number 11 of 2016 on the Tax Amnesty as the law as an allocative system approach as presented Lawrance M. Friedman. This study uses a normative approach. The results showed that the Law on Tax Amnesty academically has fulfilled the legal criteria for allocative as intended by Friedman. Tax Amnesty Program is the elimination of the tax owed should not sanction tax administration and criminal sanctions in the area of taxation by way of uncovering treasures and pay the ransom. Tax amnesty aimed to increase tax revenues in the State Budget, which is expected to be more sustainable State Budget to finance development programs for the welfare of all the people of Indonesia.
RELEVANCE OF LEGAL ENTITY BAIT AT-TAMWIL (BT) BASED SYIRKAH FOR ISLAMIC BANK Burhanuddin Harahap; Luthfiyah Trini Hastuti; Solikhah Solikhah
Yustisia Vol 5, No 3: December 2016
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v5i3.8812

Abstract

  This study seeks to study the problems of incompatibility entities which exist in Indonesia.It is not compatible to the existing Islamic financial institutions in Indonesia because of differing philosophies. The problem studied is the barriers faced by Islamic banks regarding the necessity of Islamic banks incorporated limited liability company and the relevance of the legal entity Bait at-tamwil (BT) based syirkah for Islamic banks. Research methods used is an empirical law. It consists of research the legal identification and research on the effectiveness of the law.The type of data  are primary data and secondary data.The collection methods with interviews, focus group discussions and literature.Techniques of data analysis in this research  use the model interLawive analysis. The results showed that legal entity of the Limited Liability Company for Islamic banks are not suitable to meet the demands as stipulated in Islamic law. The Lawivities of Islamic banks are to meet the demands of sharia standards.Legal entity must be based on Islamic principles.It is not based on the principles of western culture where come from seculer perspective, limited liability company, individual, liberal and capital. Therefore the concept of a legal entity Bait at-Tamwil is very relevant to be legal entities Islamic banks which Islamic banks are really syar'i. 
MAPPING AND PROTECTING THE INTELLECTUAL PROPERTY RIGHT IN THE FIELD OF THE TRADITIONAL BATIK DESIGN OF TIRTOMOYO AS THE CULTURAL HERITAGE AND ITS DEVELOPMENT BASED ON THE LOCAL GENIUS IN THE CREATIVE INDRUSTRIAL ERA Sarwono Sarwono
Yustisia Vol 5, No 3: December 2016
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v5i3.8802

Abstract

Abstract            In order to provide the protection to the “traditional batik art knowledge” in Tirtomoyo, Wonogiri, the local government policy rests on the potensial of art, commerce, services, education, tourism and sports.Here, it can be drawn the real purpose, that is to develop, to conserve, and to protect the traditional knowledge as the heritage and cultural expression, especially the traditional knowledge. In this case, the Intellectual Property Right protection and its all varieties should be applied on the traditional intellectual art. However, it has not yet manifested the regional regulation on the Intellectual Property Right, especially the protection to the traditional knowledge.         There has not been confirmation about what institutions will be responsible or what kind of agencies will be involved in providing the protection to the traditional knowledge, like the batik art, dance art, and others, so that they don’t seem loose accountability in handling it. The policy on the Intellectual Property Right, especially the one related to the traditional knowledge, is still partial or supplement. The Industry and Trade Department of Wonogiri regency, which handles the micro and medium industry field and is not related directly to the batik handicraft industry, has planned to make a program of batik handicraft industry as the regional superior.
FOREIGN CONVICTS EXECUTION: CRIMINAL JURISDICTION BENEATH INTERNATIONAL TENSION Tajudin Tajudin; Solihin Niar Ramadhan
Yustisia Vol 5, No 3: December 2016
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v5i3.8790

Abstract

AbstractThe existence ofthe death penalty remains a controversial issue in several countries around the world. Although many countries have abolished the death penalty in its criminal law system, Indonesia still retainsthe capital punishment within its criminal law policy.In Practice, theexecutionhasbeen implemented long agodespite the fact that it leaves a lot of problems. There are many reactions from other countries when prosecutors process to execute foreign nationals. On fact, many head of state request to president of Republic of Indonesia to change the punishment or give forgiveness.This journal will discuss the main problemsencountered in the implementation of the death penalty in Indonesia. The problems are: Firstly,the imposition of the death penalty for foreign nationals in order to implement the national jurisdiction underinternational community’s pressure. Secondly,the postponement of death sentence associated with the theory of retribution and human rights.
DEATH PENALTY EXECUTION AND THE RIGHT TO LIFE IN PERSPECTIVE OF HUMAN RIGHTS, 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA, AND INDONESIAN LAW Oksidelfa Yanto
Yustisia Vol 5, No 3: December 2016
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v5i3.8804

Abstract

AbstractThe execution of Death penalty in Indonesia is based on the court verdict that has had a permanent legal power. Only through the court ruling a man can be executed a death penalty upon the guilty alleged at him/her. The death penalty application in Indonesia is provided in the positive law with specific or general nature. As a country having the most verdicts with the capital punishment, either to its local citizen or to the foreign citizen who commits any offenders in the jurisdiction of Republic of Indonesia, triggering the existing of pro and contra stance on the capital punishment execution. The opposing stance based its argument on the human rights perspective, affirming that the capital punishment can be categorized as a form of savage and inhuman punishment and is in the contrary with the constitution. While the stance supporting the capital punishment execution is based on the argumentation that the perpetrator must be avenged in compliance with his/her commit, in order to give a deterrent effect for others who want to commit similar offense.    Nevertheless as a matter of fact, there are still many similar offense occurred though capital punishment has been implemented.     
COMMUNITY GOVERNANCE FOR POVERTY ALLEVIATION Sudarmo Sudarmo
Yustisia Vol 5, No 3: December 2016
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v5i3.8792

Abstract

AbstractThe Al-Munawaroh Muslim is an Islamic communitygrowing in Gilingan urban area of Surakarta City. Most members of this association and many people living around the area were living in poverty. This situation was perceived as a common problem and challenge for the community to resolve it. The aim of this study is to discuss critically the contemporary evident on community governance in Surakarta in line with the Indonesian Constitution of 1945, the Law 13/2011, and the Presidential Decree 166/2014 and that of 96/2015. One case study of the religion-based association namely the Al Munawaroh Muslim of Surakarta has been examined with regard to the networks created by the community in delivering community governance. By using ethnographic method, this research showed that the community had capacity to govern common problem despite its limited capacity; it has capacity to provide sustainable public service for the poor because its leaders, advisers and experienced members were together able to create social capital including internal networks among its members and external networks with other institutions horizontally and vertically. Conflict of some officials of the community was unavoidable because of different interests and preferences among them in managing the resource they belong, and some membersof the communitywere to be self-interest resulting in distrust among the majority of the members to them. Although the community had a capacity of governance by providing public service for the poor with food material and financial assistances, it was not a substitution but a complement for the state role in alleviating poverty.
AN EVALUATION OF LEGAL POLICY RELATED TO THE IMPLEMENTATION OF THE SIMULTANEOUS LOCAL ELECTION (FIRST PERIOD OF THE SIMULTANEOUS LOCAL ELECTION) Agus Riwanto
Yustisia Vol 5, No 3: December 2016
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v5i3.8806

Abstract

AbstractIndonesia legal policy of the simultaneous local election to appoint a district head had been amended by Law Number 8 of 2015 concerning the local election (governors, regents and mayors) from the regular models to the simultaneous models. Simultaneous local election will be implemented in periods, namely a first period in 2015, a second period in 2017, a third and fourth period will be approximately held from 2018 to the 2021, and a national simultaneous local elections will be held in 2027. The simultaneous local election is aimed to make the efficiency and effectiveness of the budget, time and labor organizer; to eliminate boredom voters; to increase public control. Law Number 8 of 2015 had been reviewed judicially thirdty first times. The Constitutional Court also issued a surpprised decision which change a political constellation of Indonesia. The political aspect of simultaneous  local election in 2015 need to be fixed through the revision of Law Number 8  of 2015 in order to create the system of the simultaneous elections fairly and democratically for the implementation of the next period: the required transfer of election financing from the budget to the state budget; the need to create a model for the preliminary election; restrictions on candidacy requirements; a dispute settlement of the simultaneous local election to the supreme court; a time restrictions on the election administration disputes lawsuit in the Administrative Court; and we need to build a model of election law enforcement system integration.Key Word: legal policy evaluation, simultaneous local election
PROBLEMATIC OF FARMER RIGHTS IN INTERNATIONAL FOOD TRADE Moch Najib Immanullah; Hernawan Hadi; Emmy Latifah
Yustisia Vol 5, No 3: December 2016
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v5i3.8796

Abstract

AbstractThe urgency of this study is to analyze the problem concerning the provision of preventive and repressive protection rights for farmers regarding to the International Food Trade based on Agricultural Law, by using normative legal research,  in order to owns a feasible position and competitiveness to the Indonesian Farmers as the subject of International Food Trade. The results of the study shows that the existing regulation has not being able to provide preventive and repressive protection rights for farmers in International Trade. Indonesian Government takes alternative solution by doing the harmonization of Indonesian Law which regulate the international trade, particularly the agricultural trade.  
THE PRINCIPLE OF PRESUMPTION OF INNOCENCE AND PROSECUTION POLICY M . Haryanto
Yustisia Vol 5, No 3: December 2016
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v5i3.8808

Abstract

The issue IF this article is to be addressed in this article is the incompatibility between the prosecution policy issued by the Supreme Prosecutor’s Office of the Republic of Indonesia and the principle of presumption of innocence. This article finds that the General Attorney’s Office disregards the principle of presumption of innocence recognized by the Criminal Procedural Law by issuing General Attorney Directive on Criminal Prosecution and General Attorney Notice  dispatched to the Head of High Prosecutor’s Office which denied the Prosecutor’s authority to request for acquittal in a criminal litigation. To solve this issue, the author argues that in a case where the evidence did not support the prosecution in relation with the existence of the crime or the perpetrator who is not the convicted, the Prosecutor should embrace the principle of presumption of innocence and consequently request for acquittal of the accused or convicted. 

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