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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
AN OVERVIEW ON THE ABUSE OF POWER IN THE PERSPECTIVE OF CORRUPTION LAW AND GOVERNMENT ADMINISTRATION LAW IN INDONESIA BASED ON THE CRIMINAL JUSTICE SYSTEM AND THE STATE ADMINISTRATION OF THE JUSTICE SYSTEM Seno Wibowo Gumbir; Ratna Nurhayati
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.v5i3.8798

Abstract

AbstractThe abuse of power in Indonesia has been  regulated in the realm of administrative law at the Law Number 30 Year 2014 on Government Administrationand Law Number 31 Year 1999 jo Law Number  20 Year 2001 on The Corruption Eradication. The arrangement in those lawshas created an overlapping, overcriminilization and disharmony of law. This can be seen in Law  No 30 Year 2014 on Goverment Administration,the sanctions of  the abuse of powerare simply to return loss and can also be accompanied by dismissal, while in Law No 31 Year 1999 jo Law Number 20 Year 2001 onthe Eradication of Corruption with or without loss can be imprisoned and returning the loss will not remove the criminal prosecution. Other than that, there are potential linkage in the test to determine a state officials discretions between the Administrative Court and the Constitutional Court Post Pretrial Judicial Review Decision to extend the authority of the Pretrial.
REGISTRATION OF VOTERS WITHIN THE PERSPECTIVE OF CONSTITUTIONAL DEMOCRACY: CASE STUDY OF REGISTER OF VOTERS IN 2014 GENERAL ELECTION Zainal Arifin Hoesein
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.v5i3.8786

Abstract

ABSTRACT Voting right is citizen’s constitutional rights. There is nothing that can obscure it, not to mention negate it, as long as it is not against the moral, religious, public stability and security values. The action to negate the voting rights is an act of dismissal of democratic constitutional values. Indeed, the democratic values strongly upheld the citizens’ rights, including the voting rights. The correlation between the voting rights and the general election administration is a synergic correlation to create conducive election as mandated by the constitution. Administration role should not have been an obstacle for upholding the constitutional democratic values, rather, it becomes a filter in regulating each citizen in using their voting rights to ensure the legal certainty, either from technical aspects, which is the accurate ballot counting, or from substantive aspect that is to ensure the legal certainty in conducting the accountable general election. In deciding the voters, several things should be prioritized such as first, the administrative management of general election related to the population administration; and, second, the voting rights transformed into the List of Fixed Voters (DPT). Administrative data of population is a baseline data and the data source for establishing the List of Fixed Voters (DPT).
THE LEGAL POSITION OF LECTURER AT UNIVERSITY WHICH INCORPORATED AS FOUNDATION IN INDONESIA Surya Nita
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.v5i3.8810

Abstract

The Foundation is Organizing Body of Universities carry out the functions and purposes of workers hired as a lecturer in providing formal educational services to students. Lecturer profession specialized field of work with the principle of upholding the professionalism of legislation, laws, codes of conduct, as well as religious values and ethics. The issue of this article as follows: (1) How does the organization of University carried out by people in Indonesia ?; (2) How does the position of lecturer in University which incorporated as foundation in Indonesia ?; (3) How is the regulation on legal position of lecturer in University which incorporated as foudation in the future?. Juridical empirical research methods in the field of law aims to completely describe the characteristics of certain situation, private or group behavior. The research use sample purposive sampling that is case of lecturer with Foundation in Industrial Court of Yogyakarta and Medan. The research use qualitative descriptive for data analysis to describe legal position of lecturer in University which incorporated as Foundation in Indonesia. Based on result, the management model of University is Private University for university management. The rights and obligation of Private University management rely on the Foundation. Autonomy,accountable, fair and transparent that are regulated on the Law Number 12 of 2012 on Higher Education can not well implemented due to the Foundation as legal body has the rights and obligation that effect any activities of University which incorporated as Foundation in Indonesia. Lecturer, as a professional, is appointed in accordance with regulation in using work relationship based on labor agreement contains the terms of employment rights and obligations of the parties with the principle of equality based on the Law Number 13 of 2003 on Employment. The use of the term mutual agreement is not known in Employment Act. In the future, in order to meet the ground of Pancasila Justice, the legal relationship between the lecturers and the foundation is a relationship based on the principles of Pancasila Justice provides legal protection to the weak position because it ensures the balance of rights and obligations of the parties. 

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