Yustisia
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.
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<![CDATA[EVALUATION OF THE POLICY OF ELECTRONIC MANAGEMENT OF STATE PROPERTY IN UNIVERSITY OF SEBELAS MARET, SURAKARTA ]]>
<![CDATA[Harisudin Harisudin]]>;
<![CDATA[Sudarmo Sudarmo]]>;
<![CDATA[Rino Ardhian Nugroho]]>
<![CDATA[ Yustisia Vol 6, No 1: April 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v6i1.11518
<![CDATA[This article analyzes the evaluation of the policy of management of State Goods Electronically in Sebelas Maret University of Surakarta. The scope of the Management of the State Property includes : Planning, procurement up to asset management obtained from the procurement (State Property). This is in line with government efforts to improve public services with e-government development electronic base that is used in the case of planning that is making RAB (Budget Plan) in the form of HPS (Own Price Estimated), TOR (Term of Reference) or determination of IKU (Unit Performance Indicator), IKA (Budget Performance Indicator) or MAK (activity budget item). In the process of procurement using e-procurement system also in the management of asset/BMN procurement result using the Application System of SIMAK BMN. Evaluation of the Policy done by looking at the 4 elements as follows:1) To measure the effects Based on the research methodology used; 2) Effects Emphasize on an outcomes of Efficiency, honesty, morals attached to rules or standards; 3) Comparation between the effects and goals emphasizes on the use of clear criteria In assessing how a policy has been properly implemented, 4) Giving contribution to make future decision-making and future policy improvements as the social purpose of the evaluation. ]]>
<![CDATA[IMPLEMENTATION OF THE INTERNATIONAL PLANT PROTECTION CONVENTION (IPPC) IN THE REGULATION OF THE AGREEMENT ON THE APPLICATION OF SANITARY AND PHYTOSANITARY MEASURES (SPS AGREEMENT) IN THE WORLD TRADE ORGANIZATION (WTO): NOTES TO INDONESIA ]]>
<![CDATA[Arie Afriansyah]]>;
<![CDATA[Elisabeth Ardiastuti]]>
<![CDATA[ Yustisia Vol 6, No 1: April 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v6i1.11502
<![CDATA[World Trade Organization (WTO) is an international organization which has an important role in ensuring that the flow of global trade can run with as few barriers as possible. However, according to Article XX (b) of GATT, the WTO members may apply trade measures in order to protect human, animal or plants life or health. Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) is an elaboration of the provision of Article XX (b) of GATT. According to the SPSA greement, the WTO members have the right to apply measures necessary to protect human, animal or plant life or health, based on sufficient scientific principles and scientific evidences, as well as not constituting arbitrary discrimination or a disguised restriction on international trade. Fulfilment of the scientific and technical needs in the application of the SPS Agreement, the SPS Agreement refers to International Plant Protection Convention (IPPC) as the relevant international organization for promoting the harmonization of phytosanitary measures based on international standards adopted by IPPC. This article discusses the application of the SPS Agreement and IPPC in three WTO cases, i.e. Japan – Agricultural Products II (2001), Japan – Apples (2005) and Australia – Apples (2011).]]>
<![CDATA[THE ROLE OF THE STATE IN THE IMPLEMENTATION OF DEMOCRACY AND HUMAN RIGHTS IN INDONESIA ]]>
<![CDATA[Muh. Alfian]]>
<![CDATA[ Yustisia Vol 6, No 1: April 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v6i1.11522
<![CDATA[ This research aimed to examine to what extent the role of the State participation in applying the principles of democracy and human right in Indonesia. This research is normative legal research (library research). There are two obligations of state toward human rights namely, protection and realization. Protection requires the role’s state to guarantee and to protect human rights. Meanwhile, realization is obligation demanded State to act actively in keeping human rights. Human Right violations aren’t only done by State, but also non-State actors covering either individual or corporation. The obligation and responsibility to keep human rights are important because we are not only face human crimes, genocide or war crimes but also poverty and undeveloped. The obligation and reponsibility of corporation are realized in the form of Corporate Social Responsibility , especially in community development. ]]>
<![CDATA[DESIGNING AN IDEAL MODEL FOR THE INDONESIA SOCIAL SECURITY ADMINISTRATION BODY (BPJS) RELATED TO HEALTH FUND MANAGEMENT ]]>
<![CDATA[Djuwityastuti Djuwityastuti]]>;
<![CDATA[Wida Astuti]]>
<![CDATA[ Yustisia Vol 6, No 1: April 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v6i1.11504
<![CDATA[Establishment of the Social Security Administration Body (BPJS) is one manifestation of the nation goals in achieving certainty in protection and social welfare for all citizens. By studying legal foundation as the legality of the establishment of BPJS relating to governance of social security in some countries, the fact shows that the institutional body of BPJS still has some drawbacks. This research is funded by the Ministry of Research, Technology, and Higher Education, the article presents some ideal forms of institutional body of BPJS in relation with the fund management and development for health social security. ]]>
<![CDATA[MODEL OF CRIMINAL CASE RESOLUTION OF TRAFFIC ACCIDENTS CAUSING DEATH ]]>
<![CDATA[Ismunarno Ismunarno]]>;
<![CDATA[Rofikah Rofikah]]>;
<![CDATA[Sabar Slamet]]>
<![CDATA[ Yustisia Vol 6, No 1: April 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v6i1.11524
<![CDATA[ The present research seeks to find out a model of criminal case resolution of traffic accidents causing death in Traffic Directorate of Yogyakarta (DIY) Police Department through either criminal justice system or mediation. Socio-legal research or non-doctrinal research has been used for this research. The research location is located in the Traffic Directorate of Yogyakarta Police Department. The research data use primary and secondary data. The results of this research indicate that in Traffic Directorate of DIY Police Department criminal case of traffic accidents causing death is resolved through criminal justice system with a record of ordinary examination. It is in accordance with the Decree of Indonesian National Police Number 15 of 2013 regarding Procedures for Handling Traffic Accident. Meanwhile, mediation is never used to resolve such case since there exists no legal framework. The article, therefore, suggests that revision of the Decree should be made. The criminal case resolution of traffic accidents causing death should fall into two forms, namely willful misconduct and negligence. A case with willful misconduct should be resolved through criminal justice system, while that negligence is resolved through mediation. ]]>
<![CDATA[LEGAL PROTECTION FOR NEW CREDITORS IN THE IMPLEMENTION OF CREDIT TAKEOVER WITH MORTGAGE GUARANTEE ]]>
<![CDATA[Pujiyono Pujiyono]]>;
<![CDATA[Syarief Toha]]>
<![CDATA[ Yustisia Vol 6, No 1: April 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v6i1.11506
<![CDATA[This research aimed to identify and analyze legal protection for new creditors in the takeover of credit with mortgage guarantee. Type of Research is a normative legal research or an equation with doctrinal research. The results of this research shows that the implementation of the credit take over with collateral mortgage starting from the loan application by the debtor and all the completeness of the terms of credit application, to do a survey to customers. If it is eligible, then continuing to make a credit proposal in which will be submitted to a credit comitee. If it is approved then continued with the credit agreement and collateral agreement that are required to bring the debtor. Then the bank employees accompany the debt to the former creditor, to make payment with funds obtained from third party to make payment with funds obtained from third party. If the repayment has been done, required to request full payment slip and genuine proof of guarantee ownership, then they can be burden by mortgage, roya has to be done first. The transfer mechanism of mortgage in credit takeover is too risky for a new creditor if the Roya’s mail can not be published on the same day. So that way is provide less certainty and legal protection for the new creditors.]]>
<![CDATA[THE INFLUENCE OF POSITIVISM PHILOSOPHY ON CRIMINAL LAW ENFORCEMENT IN INDONESIA ]]>
<![CDATA[Bambang Ali Kusumo]]>
<![CDATA[ Yustisia Jurnal Hukum Vol 6, No 1: April 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v6i1.11528
<![CDATA[ABSTRACT Criminal law enforcement in Indonesia may lack of the justice sense and furthermore highlight the rule of law, this is due to the influence of the philosophy of positivism developed in Europe mainland which has liberal-individualist ideology. This ideology wants everything to be rational and certainty, including legal issues must be no certainty. The purpose of this matter is to protect the rights of individuals. While the Indonesian society is a society that does not highlight the rights of individuals, but respects the balance between individual rights and collective rights. Thus, our criminal law enforcement is still sourced from Indonesian Penal Code which is a replica of the Wetboek Van Strafrech (WVS) created by the Dutch colonialists Government will not materialize justice. It is necessary to face these issues with two steps as the following i.e, first one: the law enforcement agencies in using the law needs a more progressive interpretation, therefore a sense of justice can be realized. Second one, it needs to be realized in accordance with the criminal law reform ideology of kinship based on the values of Pancasila as an ideology of the Indonesia. Such measures are expected to materialize justice in the criminal law enforcement of Indonesia.Keywords: Criminal Law, Law Enforcement, Justice.]]>
<![CDATA[RIGHT TO SAFETY AND SECURITY FOR PASSENGERS TRAVELING BY THE PUBLIC ROAD TRANSPORTATION ]]>
<![CDATA[Maria Madalina]]>;
<![CDATA[Kukuh Tejomurti]]>;
<![CDATA[Winarno Budyatmojo]]>
<![CDATA[ Yustisia Vol 6, No 1: April 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v6i1.11510
<![CDATA[ This article aimed to observe the safety protection of public road transportation and some public areas in Yogyakarta and Surakarta. The Road and urban public transport terminals, station, and transshipment centres were mainly established at the meeting points of different traffic lines. If we compare the terror-threat against infrastructure, building, and vehicles, then we can see that much more terrorist attacks were directed against the vehicles, than against bridges or tunnels. Safety protection on public road transportation and its public areas is one of the efforts to enforce right to life and right to sustain life in line with article 28A of Indonesian Constitution of 1945. This issue is  important to be observed because two cities are prone to be attacked by terrorist and sometimes passengers or visitors are not responsive to disasters as long as they are on public road transportation and public areas. This article have two important problem to be observed, first problem is how already passengers or visitors of public road transportation and its public areas understand safety procedures of those areas?; second problem is how policy of safety protection need to be enforced on two public road transportation and public areas in order to protect right to life safely of passengers? The normative and empirical legal research is used to this research by using interviews and field observation. The result of this research concisely state that at this time the bus station and rail  station is still not implemented maximum safety and security procedures to passengers and passengers or visitors do not understand about safety procedures and are not responsive to dangerous circumtances surrounded them. Maximum safety protection is important to prevent terrorism crime, narcoticss crime, and prevent any casualties due disasters. Security officers should check the condition of bags and luggage of passengers or visitors in order to prevent any threats there. Safety briefing is also implemented to keep a passengers concer.  ]]>
<![CDATA[ERADICATION OF AL JAMAAH AL ISLAMIYAH IN INDONESIA ]]>
<![CDATA[Bambang Waluyo]]>;
<![CDATA[R. Narendra Jatna]]>;
<![CDATA[Jamal Wiwoho]]>
<![CDATA[ Yustisia Vol 6, No 1: April 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v6i1.11494
<![CDATA[ABSTRACT This article aimed at investigating the implementation of suppression and eradication of terrorism and its organizational existence in Indonesia for the sake of humanity. Apart from the less perfect Law of Terrorism Eradication and no Law specially governing terrorism funding responsively, the law enforcers have successfully used the existing legislations to make Indonesia obey the UN Security Council’s Resolution Number 1267. The verdict against the cases of Zarkasih and Abu Dujana was the first verdict punishing the corporation in Indonesia, by stating that Al Jamaah Al Islamiyah is a forbidden corporation. It also proved the presence of terrorism funding for the first time. In addition, for the first time some assets were taken from Al Jamaah Al Islamiyah through fine of 10 million rupiahs imposed on JI’s administrators, Zarkasih and Abu Dujana respectively. This case handling also proved that law is dependent not only on the legislations but also on the law enforcers themselves ]]>
<![CDATA[LEGAL STATUS OF BANK GUARANTEE ON BEHALF OF THIRD PARTIES IN BANKRUPTCY PERSPECTIVE ]]>
<![CDATA[Rahayu Hartini]]>
<![CDATA[ Yustisia Vol 6, No 1: April 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v6i1.11530
<![CDATA[ This study aimed to observe the legal status of the immovable that became a bank guarantee on behalf of third parties in the bankruptcy and whether the curator has the authority to insert objects that have been done Collateral guarantees which Foreclosed (hereinafter referred AYDA) prior to the bankruptcy decision boedel into bankruptcy.The method used is a normative research using three approaches: statute approach, conceptual approach, case approach, and analyzed "conten analysis". Based on the discussion of the results of research obtained the following conclusions: 1). The collateral property of a third party cannot be entered as boedel bankrupt debtor, as a third party guarantee is not a property of the Borrower; It is used as the basis of legal considerations (ratio decidendi) for the judges to decide the case of bankruptcy among Curator Albert Riyadi Suwono (applicant bankruptcy) with PT. Anglomas International Bank (AMIN BANK). 2). Curators do not have the authority to push objects of collateral that has been done AYDA prior to the bankruptcy decision into boedel bankrupt (pursuant to Article 56 Paragraph (1) the Bankruptcy Law that provides a period of suspension of execution rights guarantees security rights 90 (Ninety) days. In order not occur: legal norms are vague (vegen norm) and the conflict of norms and have an impact on the lack of legal certainty. Hence the need to revise the unprotected substrate of law No. 37 of 2004 on Bankruptcy and PKPU. Particularly with respect to Article 55 paragraph (1) and Article 56 paragraph (1). ]]>
