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[STANDARD AND CONFORMITY: THE PERSPECTIVE STRATEGIES OF THE LOCAL GOVERNMENT’S ROLES IN THE INDUSTRY COMPETITIVENESS ]]>
<![CDATA[Kharisma, Dona Budi]]>;
<![CDATA[Imanullah, Najib]]>;
<![CDATA[., Pranoto]]>
<![CDATA[ Yustisia Vol 6, No 2: August 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v6i2.12484
<![CDATA[The Agreement on the Technical Barriers to Trade (TBT Agreement) WTO and The ASEAN Economic Community (AEC) The Blueprint envisions the transformation of the WTO and ASEAN region through the facilitation of the free flow of goods and services. With tariffs declining to near-zero levels, non-tariff barriers are increasingly focused on coordination by member-countries. However, the quality of goods / services becomes a central issue that determines the market entry. Therefore, TBT agreement and AEC Blueprint require fulfillment of Standards and Conformity Assessment to guarantee the quality of goods or services. On the one hand, the low level of compliance of business actors in applying SNI (Indonesian National Standards) represents of the low level of Indonesian industry competitiveness in international level. Thus, specific government’s policies are required, one of which is that dealing with the strategic roles of local government to support products manufactured by national industries to break through global markets. Some strategies for strengthening local policies in national standardization include: (a) constructing local regulations governing Standards and Conformity assessment; (b) implementing mandatory SNI to leading local products; (c) Strengthening mutual cooperation between local government and related stakeholders.]]>
<![CDATA[The Interplay Between Laos as Landlocked State and its Surrounding Coastal States ]]>
<![CDATA[Indriyani, Rachma]]>;
<![CDATA[Budyatmojo, Winarno]]>;
<![CDATA[Rahman, Andi]]>;
<![CDATA[Sudarso, Thomas]]>
<![CDATA[ Yustisia Vol 6, No 2: August 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v6i2.12534
<![CDATA[This paper analyzes the problems concerning Laos as a Land-locked state (LLS) rights to gain access of the sea and its resources, including conflicts and disadvantages which may arise regarding Laos and its neighboring states and/or transit states to figure out the best way to get access to fisheries at the sea. We used some legal research methods of case studies and normative doctrines which lead us to discover the rights of landlocked states provided by the UNCLOS being violated or constrained by technical problems and the denial of free transit which is highly influenced by international relation between states. This study concludes that the rights must necessarily be supported with another bilateral/multilateral agreements and organization which may help to manage landlocked states in effort of the realization of their rights.]]>
<![CDATA[THE PROTECTION OF WOMEN IN ARMED CONFLICT ]]>
<![CDATA[Bunga, Gerald Aldytia]]>
<![CDATA[ Yustisia Vol 6, No 2: August 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v6i2.12422
<![CDATA[The vulnerable groups often become the victim of adverse party of armed conflict. Women is included in there. Women in armed conflict are affected directly or indirectly by the conflict, including gender based violence like rape, forced impregnation, or forced prostitution. In addition, armed conflict also affects the gender relation related to women, for example women become the breadwinner as the result of lost of husband due to the conflict. this research aimed to discuss on the impact of armed conflict on women, how international humanitarian law protects women in armed conflict and how the implementation of that protection.]]>
<![CDATA[LEGAL PROTECTION TO WOMEN WITH DISABILITIES AS VICTIMS OF SEXUAL VIOLENCE AT THE CIQAL FOUNDATION YOGYAKARTA ]]>
<![CDATA[Subekti, Subekti]]>;
<![CDATA[Annisa, Dea]]>
<![CDATA[ Yustisia Vol 6, No 2: August 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v6i2.12410
<![CDATA[The purpose of this research is to know the forms of legal protection to women with disabilities as victims of sexual violence on the CIQAL Foundation and to know obstacles that occur in the legal protection process. This research is an empirical law research that is both descriptive by qualitative approaches. Location of the research at the CIQAL Foundation Yogyakarta.Based on the results of the research, it is got the data since 2014 until 2016, CIQAL has noted there were seventy six of violence cases against women with disabilities in Yogyakarta region and sixty cases there are sexual violence. From the sixty cases of sexual violence only three cases have got judicial process. Not processing of legal, cause of the victims can not get the justice and their rights as the victims and also the perpetrators of violence have potential to do the violence again. The matter CIQAL efforts to give the legal protection to women with disabilities as victims of sexual violence get their rights. The legal protection is given the legal colleague and non the colleague by the CIQAL Foundation Yogyakarta. There are some obstacles when the foundation gives doing the legal protection process. The obstacles which are divided by two, internal victims factors that includes the limitation which owned the victims, and the victims family; external victims factors that includes the problem in the legal scope, and the society. ]]>
<![CDATA[EXISTENCE OF LOCAL LEGAL PRODUCT NUANCED OF SHARI’AH IN INDONESIA ]]>
<![CDATA[Patra, Rommy]]>
<![CDATA[ Yustisia Vol 6, No 2: August 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v6i2.12384
<![CDATA[The existence of local legal product nuanced of shari'a in Indonesia is rampant in the reform era. The establishment of local legal product that nuanced of shari'a is effort to formalize shari'ah Islam in the life of the nation. But its existence has caused controversy because of have nature of sectarian and vulnerable to violation of human rights such as discriminatory and restrict civil liberties. Therefore, necessary for the structuring of local legal product that nuanced of shari'a, if necessary until to cancel it in order to improve the quality of implementation of local autonomy in Indonesia.]]>
<![CDATA[LEGAL ASPECT OF THE FOREIGN FRANCHAISE PROTECTION IN INDONESIAN BUSINESS DEVELOPMENT ]]>
<![CDATA[Amiruddin, Novendri]]>;
<![CDATA[Annisa, Rizki Nur]]>;
<![CDATA[Putra, Bouwris Charisma]]>
<![CDATA[ Yustisia Vol 6, No 2: August 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v6i2.13118
<![CDATA[This study aimed to study the Legal Protection For Foreign FranchiseeFrom The Existence Of High Levels Of Foreign Business In Indonesia. By using a doctrinal or normative study which assemble of primary data and secondary data. The concept of franchisee business has been one discussed topic that provides new breakthrough upon Indonesian economic dynamics, especially upon the form of commerce development, considering franchise as a successful business. Law protection against foreign franchiseebusiness in indonesia has resulted many regulation but franchisee agreement is the point to give legal protection for franchisee.]]>
<![CDATA[Basic Study of Copyright for Batik Wood Artists in Gunung Kidul, Yogyakarta ]]>
<![CDATA[Subiyantoro, Slamet]]>;
<![CDATA[Susilaningsih, Susilaningsih]]>;
<![CDATA[Maryono, Dwi]]>
<![CDATA[ Yustisia Vol 6, No 2: August 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v6i2.12386
<![CDATA[The aims of this research is to explain the batik wood artists level of understanding of Copyright as part of Intellectual Property as stipulated in Act Number 19 Year 2002. The research was conducted with descriptive qualitative approach and the data were collected using questionnaires from 65 batik wood artists that were selected randomly from 673 artists in Gunung Kidul. The data is also completed with interviews from main informants, and observation results and content analysis results. The data validation was done use source triangulation techniques to obtain data that reflecting facts. Data analyzed with interactive model in cycle with stages data collection, data reduction, data presentation and data verification. The results show that the low implementation of copyright registration is not only due to the lack of artists in understanding the Copyright, but rather from the influence of socio – cultural aspects of society that are collective. Thus, emphasizing the moral aspect of the formal aspects such as Copyright that are part of the western culture. The Copyright Act No. 19 Number 2002 is the revision of previously Copyright Act which has not provided a proportional space for Moral Rights compared to Copyright which tends to the economic aspects. ]]>
<![CDATA[STRENGTHENING THE POSITION OF INDIGENOUS PEOPLE IN THE MANAGEMENT OF THE FOREST BY SUBSQUENT OF THE CONSTITUTIONAL COURT DECISION OF REPUBLIK INDONESIA NO.35/PUU-X/2012 TO SUPPORT OF REDD+ INDONESIA ]]>
<![CDATA[Mayastuti, Anti]]>;
<![CDATA[Rianto, Agus]]>;
<![CDATA[Atikasari, Diah Apriani]]>
<![CDATA[ Yustisia Vol 6, No 2: August 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v6i2.12866
<![CDATA[The problems of disputes over land ownership of forest between the government (in this case is the state) and the community, has been occured tens of years ago, but the increase was higher along with just an era of reform. A possession of forest resources has been dominated by large employers with the strength of their capital, while the local community (in this case of indigenous people) who rely on forest resources for generations before this country stood, their fate was even more marginalized. In fact, the existence of indigenous people with local wisdom value, plays an important role in forest management, as recognized in Act No.41 of 1999 about Forestry. Inequality of distribution of forest resources this mastery was seen as a base for real social conflict happens in the life of the community law. Furthermore it was published constitutional court’s verdict of RI No.35/PUU-X/2012 to provid e access to justice for indigenous people over the mastery of the forest. This recognition is strengthened by the existence of a REDD + Program aims to reduce emissions from deforestation and forest degradation that requires the existence of a customary law society active participation through the empowerment of local wisdom values.]]>
<![CDATA[THE IMPLEMENTATION AND IMPLICATIONS OF THE ELECTRONIC AND INFORMATION TRANSACTIONS LAW AGAINST CYBER BULLYING BY SUBSQUENT OF THE CONSTITUTIONAL COURT DECISION RELATED TO THE FREEDOM OF SPEECH ]]>
<![CDATA[Gumbira, Seno Wibowo]]>;
<![CDATA[.Daryono, Daryono]]>;
<![CDATA[Nurhayati, Ratna]]>
<![CDATA[ Yustisia Vol 6, No 2: August 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v6i2.12298
<![CDATA[This article aimed to observe the criminal provisions both in the Formulation of the EIT ACT 2008 along with the verdict of the judicial review of the Constitutional Court Number 50/PUU-VI/2008 as well as the EIT ACT 2016 especially in strictly contained in article 27 along with the norm of the criminal sanctions contained in Article 45 can still be said to be a ”Rubber Articles”, so it requires linguist and religious leaders in order to get a description or explanation of a remark or action in conflict with religious values and modesty as well as decency in public life. The Guarantee Of Freedom Of Speech. Then when viewed from the highest norm of the 1945 Constitution to the level of the law that is Article "Number 9 of 1998 and Article Number 39 of 1999 there is a harmony of norms and limits of freedom of speech that is the norms and values of religion, morality, public order, public interest and the integrity of the State, the concept of punishment against the actions of cyberbullying in social media in the future require an integral approach and the concept approach is criminal on parole and penal mediation with the terms limitedly and imperative. ]]>
<![CDATA[THE EFFECTIVENESS OF INTEREST-FREE LOAN FINANCING (QARDHUL HASAN) AS THE SOCIAL IMPLEMENTER OF ISLAMIC BANK TO REDUCE POVERTY IN SURAKARTA ]]>
<![CDATA[Junaidi, Junaidi]]>;
<![CDATA[Lutfiah, Zeni]]>;
<![CDATA[Adnan, Moh]]>
<![CDATA[ Yustisia Vol 6, No 2: August 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v6i2.12390
<![CDATA[The function of Islamic banks is not only to eliminate the interest system in its operational system, but also take a role to improve social welfare. Islamic banks have programs that can be used in the context of eradicating poverty, it is interest-free loans (qardhul hasan). Interest-free loan financing (qardhul hasan) is a social loan which is provided free of charge without any charges except returning its capital. This study is intended to examine how the implementation of interest-free loans (qardhul hasan) by Islamic bank and to know the extent of which the financing of interest-free loans (qardhul hasan) can alleviate poverty in the society. This research is none of doctrinal research. The research location is in Islamic bank in Surakarta. The output of this research is publication on national journal.The financing of Al-qardhul hasan itself has not got attention from Islamic bank as the realization of the social function of Islamic banking. Islamic banking products are more oriented to the the programs which contains the value of profit / profit so that interest-free loans (Al-qardhul Hasan) has not taken yet as a role in efforts to alleviate poverty.]]>
