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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 2: August 2017" : 13 Documents clear
STANDARD AND CONFORMITY: THE PERSPECTIVE STRATEGIES OF THE LOCAL GOVERNMENT’S ROLES IN THE INDUSTRY COMPETITIVENESS Dona Budi Kharisma; Najib Imanullah; Pranoto .
Yustisia Vol 6, No 2: August 2017
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v6i2.12484

Abstract

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.
The Interplay Between Laos as Landlocked State and its Surrounding Coastal States Rachma Indriyani; Winarno Budyatmojo; Andi Rahman; Thomas Sudarso
Yustisia Vol 6, No 2: August 2017
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v6i2.12534

Abstract

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.
THE PROTECTION OF WOMEN IN ARMED CONFLICT Gerald Aldytia Bunga
Yustisia Vol 6, No 2: August 2017
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v6i2.12422

Abstract

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.
POSITION OF THE DIGITAL EVIDENCE BASED ON ARTICLE 184 & 185 CRIMINAL PROCEDURE CODE IN CYBER CRIMINAL INVESTIGATION IN THE COURT Arie Febrianto
Yustisia Vol 6, No 2: August 2017
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v6i2.13120

Abstract

Law made by government and cooperation with legislator to establish order  and regularity also peace in public .Basically every law made by legislators is the answer to the question of public law at the time of the establishment of the law. The legal developments must be in line with the development of society, so that when people change or grow then the law should be changed to arrange all the developments taking place in an orderly manner in the growth of modern society, because globalization has been the driver of the birth of the Information Technology era.        In cyber crime cases, knowing the position of digital evidence in cases of cyber crime. The theory used in this research is a progressive legal theory with empirical juridical methods using qualitative data analysis, kind of his research is a descriptive study. The conclusion of this study, System proofs and evidences under Article 184 and 185 Criminal Procedure Code evidence of unconventional tools such as witness testimony and expert witnesses, as well as letters and instructions shift from conventional towards electronic will be able to ensnare cybercriminals. Law No. 11 of 2008 on Information and Electronic Transactions on Article 5 has been clearly stated that electronic information is a valid legal evidence in the form of electronic information and / or electronic documents and / or printout. 
LEGAL PROTECTION TO WOMEN WITH DISABILITIES AS VICTIMS OF SEXUAL VIOLENCE AT THE CIQAL FOUNDATION YOGYAKARTA Subekti Subekti; Dea Annisa
Yustisia Vol 6, No 2: August 2017
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v6i2.12410

Abstract

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.  
EXISTENCE OF LOCAL LEGAL PRODUCT NUANCED OF SHARI’AH IN INDONESIA Rommy Patra
Yustisia Vol 6, No 2: August 2017
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v6i2.12384

Abstract

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.
LEGAL ASPECT OF THE FOREIGN FRANCHAISE PROTECTION IN INDONESIAN BUSINESS DEVELOPMENT Novendri Amiruddin; Rizki Nur Annisa; Bouwris Charisma Putra
Yustisia Vol 6, No 2: August 2017
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v6i2.13118

Abstract

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.
Basic Study of Copyright for Batik Wood Artists in Gunung Kidul, Yogyakarta Slamet Subiyantoro; Susilaningsih Susilaningsih; Dwi Maryono
Yustisia Vol 6, No 2: August 2017
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v6i2.12386

Abstract

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. 
UNEARTHING THE PHILOSOPHICAL ROOTS OF PANCASILA ON DISTINCTIVE LEGAL TREATMENTS FOR CHILDREN IN CONFLICT WITH THE LAW Bambang Santoso; Soehartono .Soehartono; Muhammad Rustamaji
Yustisia Vol 6, No 2: August 2017
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v6i2.12412

Abstract

Thus far, equality before the law is understood as an ideality without limitation and exception. Its enforceability is considered to apply indiscriminately for every law breaker. However, reality of law enforcement says differently when a perpetrator of the crime is called an early age child. Special regulations exist injustice system, law governing it as well as provisions derived from the children rights, although the child is positioned as dealing with the law. In such context of an establishment of law regarding children in conflict with the law, it is interesting to find philosophical roots of distinctive treatment negating equality before the law. The explorative step is more attractive, especially when many mosaics of conception has been discovered about what are the truths whena child is in conflict with the law: 1) violations committed by children are not purely mistakes of the children, 2) children are, nevertheless, having rights that must be fulfilled including when dealing with the law, 3) children has privileges with broad distribution of regulations in various sectors and according to the view based on Pancasila, they are keten (a link) of a nation. Such varied conceptions elicit necessity of unearthing philosophical roots, truths and realitiesthat are always plural. So that, the law established is not only be legal because it is formed in legitimate manner and by legitimate power (pedigree thesis), also incorporating theexisting basic values or moral principles, though not absolute, depending on condition of society (the moral thesis) (Twining, 2009). Thus, study of such legal products is not only be seen as the work of professional, but as Satjipto Rahardjo viewed, it is placed as an scientific object to explain that a law codified in legislation, though, is not something sacred to examine for its philosophical content.
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 Anti Mayastuti; Agus Rianto; Diah Apriani Atikasari
Yustisia Vol 6, No 2: August 2017
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v6i2.12866

Abstract

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.

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