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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 6, No 1: April 2017" : 13 Documents clear
APPLICATION OF NATURAL LAW THEORY (THE NATURAL RIGHT) TO PROTECT THE INTELLECTUAL PROPERTY Prasetyo Hadi Purwandoko; M. Najib Imanullah
Yustisia Vol 6, No 1: April 2017
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v6i1.11516

Abstract

 The theory of natural law is usually used as a moral and philosophical foundation in order to protect the individuals property rights of Intellectual Property (IP). Philosophically, the protection of  Intellectual Property Rights (IPR) can not be separated from the dominant thought that emphasizes the doctrine of natural human factors research. This study is legal research by using law and historical approach. The analysis of primary data is qualitatively through internal valuing to obtain a complete understanding (verstehen), while the secondary data such as law material is analyzed using hermeneutics (interpretation), content analysis and deductive method. The result shows that in respect of the development of the theory of natural law, there are four dominant theory of natural law to examine IP namely utilitarian theory, labor theory, personality theory, and social-planning theories. Moral doctrine which is based on natural law was adopted by the IPR regime to protect the individual owners of IPRs in order to that rights  would not be violated by others. The natural law theory (the natural right) is still relevant to be used as a moral and philosophical foundation for the protection of IPR, as an individual property rights. 
THE MODEL OF CORRUPTION COURT IN THE ARCHIPELAGO PROVINCE WITH LOW COSTS, QUICK, AND SIMPLE PROCESS OF IMPLEMENTATION Sulistyanta Sulistyanta; Aksi Sinurat; Jauhari Effendi; Fatma Ayu Jati Putri
Yustisia Vol 6, No 1: April 2017
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v6i1.11594

Abstract

The enactment of Law Number 46 of 2009 about Corruption Court, is authorized to examine and decide the crime of corruption cases proposedby KPK or Prosecutor (State and High). Based on Article 35 paragraph (1) jo paragraph (4) of Law Number 46 of 2009, confirmed that corruption courts (TIPIKOR courts) are only located in each provincial capital whose jurisdiction covers the province concerned. By this provision, the Prosecutor Office in each district/city must transfer the corruption cases to the Corruption Court in the provincial capital. There are the problems as the following: first one, Is the process of criminal justice in the archipelago province like East Nusa Tenggara (NTT) able to fulfill the judicial principle of quick, low cost and simple?; second one, Is this condition not an obstacle in the process of criminal law enforcement in NTT?; The result of this research is that the Corruption Court in Kupang, conducted by several Prosecutor Offices, the samples do not meet the judicial principles of quick, low costs and simple. The obstacles besides spending much expenses, there are other factors such as weather, intentionally neglect the obligation as the experts, witnesses due to long time and high expenses.  Law enforcement becomes less maximal due to the existing budget, and it can only be done by a minimal law enforcement process with a fairly expensive cost.
THE FULFILLMENT OF COMPREHENSIVE CHILD’S RIGHTS TO HEALTH IN CHILD DEVELOPMENT AGENCY (LPKA) OF KARANG ASEM, BALI Ani Purwanti
Yustisia Vol 6, No 1: April 2017
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v6i1.11498

Abstract

This article aimed to investigate How is The fulfillment of the right to comprehensive child rights to health in Child Development Agency (LPKA) Karang Asem, Bali. The right to health is one of the rights of children that the State guarantees. The State’s  obligation to ensure the fulfillment of the right to health in which is regulated in Article 44 of Law number 35 of 2014 on the Amendment of Law number 23 of 2002 on Child Protection has to be implemented. Unfortunately, however, there is a paradigm of inconsistency between regulations relating to the purpose of parenting and child coaching.Paradigm change of special protection for   child in trouble with law as a protégé as regulated in Child’s Protection Law is still different from the Law Number 12 of 1995 on Correctional  System. The method used in this study is a qualitative empirical juridical approach. This interdisciplinary method is useful to get a thorough description related to facts of an implementation of a policy and its social impact. The research result concludes that The fulfillment of the right to comprehensive child rights to health in LPKA is the State’s responsibility, in this case are  LPKA, Local Government c.q /represented by the Office of Justice and Human Rights and the Office of Health and the Central Government represented by the Ministry of Justice and Human Rights and the Ministry of Health,  also society and parents. 

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