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[JUDICIAL REVIEW OF CRIMINAL DEFAMATION ACCORDING TO THE LAW OF ELECTRONIC INFORMATION AND TRANSACTION: A CASE STUDY OF FLOURENCE SAULINA SIHOMBING ]]>
<![CDATA[Rosiana Puspitasari]]>
<![CDATA[ Yustisia Vol 6, No 3: December 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v6i3.17074
<![CDATA[This study analyses defamation via social media towards Flaurence Saulina Sihombing case. The study raises the elements of contempt in Law Number 11 of 2008 which was converted into Law Number 19 of 2016 con Electronic Information and Transactions (EIT) and compare it with the humiliation under the Criminal Code. The purpose of this study was to determine whether the prosecution on Florence Saulina Sihombing meet the elements of contempt in accordance with the prohibited stipulation under Article 27 paragraph (3) Electronic Information and Transactions Law. This research using normative juridical approach. The source of the data is secondary data source that the data obtained from the literature by studying three legal materials, namely: primary legal materials, secondary legal materials, tertiary legal materials that will be classified and systematized. The conclusion shows that the case Flaurence Saulina Sihombing meet a subjective element in the form of intentionally actions. This actions undertaken by Florence met the element strike action. The object in the form of honour based on Article 27 Law Number 11 of 2008 which was converted into Law Number 19 of 2016 on Electronic Information and Transactions (EIT). The writer tends to confirmly agree with the Yogyakarta District Court via Decision Number 382/Pid.B/2014/PN Yyk of 2015.]]>
<![CDATA[THE MEANING OF AUTHORITY RELATION OF CENTRAL GOVERNMENT AND LOCAL GOVERNMENT IN THE LAND SECTOR ACCORDING TO THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA ]]>
<![CDATA[Nurus Zaman]]>
<![CDATA[ Yustisia Vol 6, No 3: December 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v6i3.16788
<![CDATA[In this study, there are two (2) issues that were examined. First, how the Central Government and Local Government gained authority in the land sector. Second, how the meaning of the relationship of authority of the Central Government and Local Government in the area of land according to the 1945 Constitution, This study uses normative legal research. The results of research are: First, the authority of the Central Government in the land sector is the inherent nature of authority, because as the sole power in a unitary state. In the development of central government authority derived from attributive authority and Local Government authorities in the land sector sourced from attributive authority and discretionary. Second, the meaning of the relationship of authority between the central government and the regional government in the land sector as: (a) the relationship of subordination; (B) the relationship of supervision; and (c) the relationship of responsibility in achieving the objectives of the State.]]>
<![CDATA[COMPARATION OF WAREHOUSE RECEIPT, PAWN AND FIDUCIARY IN THE SECURITY LAW PERSPECTIVE ]]>
<![CDATA[Iswi Hariyani]]>
<![CDATA[ Yustisia Vol 6, No 3: December 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v6i3.7232
<![CDATA[Warehouse Receipt System (WRS) has been used in Indonesia as an instruments of trade and finance to agribusiness commodities since the enactment of Law UU 9/2006 and PBI 9/2007. Bank Indonesia Regulation No 9 of 2007, Article 46 letter f, allows the use of Warehouse Receipt as a credit collateral. Implementation of Warehouse Receipt System is expected to help farmers, planters, fishermen who have often had difficulty costs at harvest time. As securities, Warehouse Receipt can also be used as an investment instrument in the commodity market. This research aims to find answers of three main problem. First, to examine legal position of Warehouse Receipt in Security Law perspective. Second, to examine differences and similarities of Warehouse Receipt collateral to the Pawn guarantees. Third, to examine differences and similarities between Warehouse Receipt collateral with Fiduciary guarantees. Key word : security law, warehouse receipt, pawn, fiduciary]]>
<![CDATA[LAW ENFORCEMENT TO OFFENDERS’ RIGHTS BASED ON CONTEMPT OF COURT ]]>
<![CDATA[Ibnu Subarkah]]>
<![CDATA[ Yustisia Vol 6, No 3: December 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v6i3.15180
<![CDATA[In legal field, especially related to judicial field of judiciary, efforts to reform criminal law to and to overcome justice and certainty are done incessantly which means that law enforcement efforts need to be effected. Some situations and conditions may reduce judicial image if the law enforcement is lacking or not being noticed at all. The existence of cases through legal, research, academic thinking, as well as opinion of legal practitioners have varied the existence of judiciary images. Therefore, this research is specifically aimed to know, describe, and at the same time analyze the rights of defendants (offenders of rights) based on contempt of court.The method used in this study is qualitative research prioritizing quality and primary and secondary data types. The primary data are taken empirically from the field and the secondary data are taken from literature study, documentation, determination of respondents by purposive sampling in which the interviewee is a judge.The results show that, in practice, the rights of defendants are protected in accordance to the applicable provisions as well as the contempt of court issue. Due to the subjective perception of community in the course of trial, it is essentially needed to immediately draw up the Contempt of Court Law.Keywords: Law Enforcement, Offenders’ Rights, Contempt of Court, Penal Reform]]>
<![CDATA[REVIEWING A NOTARY ETHICS BASED ON ETHICAL CODE AS A NOTARY PROFESSION ]]>
<![CDATA[Hafid Zakariya]]>;
<![CDATA[Yuni Purnama Sari]]>;
<![CDATA[Desty Prabandari]]>;
<![CDATA[Widha Rahmawati Budiatmaja]]>
<![CDATA[ Yustisia Vol 6, No 3: December 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v6i3.16784
<![CDATA[This paper aimed to find out the responsibilities and sanctions of a notary when a notary violates the existing ethics code.The various rules in the notary profession code of ethics will be attributed to the notary's behavior, so that in carrying out the duties there is a responsibility that must be enforced and If it contradicts with the ethics code,it will get sanction in accordance with the enactment of the Notary’s Office Law. Because the role of notary in society is important to determine the land deed in Indonesia, we need to understand how the notary in enforcing their ethics as notary profession. The Notary is expected to be neutral, so if placed in one of the three state agencies Judiciary, Executive, and Legislative, the Notary is no longer considered neutral. With the neutral position, notary is expected to provide legal counseling for a legal action by a notaryat the request of client. In the case of taking legal action for client, the notary also may not take side the client, because the duty of a notary is to prevent the occurrence of problems]]>
<![CDATA[ANALYSIS OF NOTARY HONORARY COUNCIL CONSENT AS GROUNDS OF IMPUNITY (STRAFUITSLAUTINGSGRONDEN) AGAINST REVELATION OF SECRETS ]]>
<![CDATA[Gaza Carumna Iskadrenda]]>;
<![CDATA[Anggita Mustika Dewi]]>
<![CDATA[ Yustisia Vol 6, No 3: December 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v6i3.17012
<![CDATA[Article 66 paragraph (1) Act Number 2 of 2014 essentially regulates the consent of the Notary Honorary Council in the criminal justice process. The provisions in the a quo article have been still being applied and become a positive law in Indonesia. One of the criminal justice process in the notarial field relates to the criminal act of revelation of secrets as regulated in Article number 322 paragraph (1) of the Criminal Code. The consent given by the Notary Honorary Council as outlined above can certainly be viewed in the context of criminal law.The research is a normative legal research using secondary data of both primary legal materials and secondary legal materials. The data collecting technique used is documentary study with written materials as the data collection tool to be analyzed qualitatively using content analysis.The research result showed that in the context of criminal law, basically a notary who provides a copy of the deed and/or documents attached to the minuta deed or notarial protocol in the notarial archives for the purpose of the investigator, the public prosecutor or the judge has committed a criminal act of revelation of secrets as stipulated in Article number 322 paragraph (1) of the Criminal Code. However, the notary is not necessarily criminally liable considering the consent of the Notary Honorary Council as the grounds of impunity.Keywords: Notary Honorary Council consent, grounds of impunity, criminal act of revelation of secrets.]]>
<![CDATA[THE STUDY OF LAW ON INVESTMENT LIBERALISATION POLICIES IN THE REGION OF ASEAN AND THE EFFECTS ON INDONESIA ]]>
<![CDATA[Delfi Yanti]]>
<![CDATA[ Yustisia Jurnal Hukum Vol 6, No 3: December 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v6i3.15230
<![CDATA[In order to realize a single ASEAN market through the free flow of investment in ASEAN, the ASEAN member states have agreed on the ASEAN Comprehensive Investment Agreement or known by the term ACIA signed in Cha-Am (Thailand) on February 26, 2009. The issue is how the rule of law against the liberalization of foreign investment in the ACIA Agreement and how its influence on Indonesia. This research method is a normative juridical research by using a qualitative data analysis technique. Based on the Article 1 (a) of ACIA related to the purpose of the establishment of ACIA the ACIA Agreement contains the legal concept of foreign investment: an investment regime that is "free and open" in ASEAN in order to achieve the ultimate goal of economic integration within the ASEAN Economic Community. This is done through progressive liberalization measures on investment regimes in the Member States of ASEAN. The concept of investment liberalization in the ASEAN region is also well supported by the principles of National Treatment (Article 5 of ACIA) and the principles of Most Favored Nation Treatment/MFN Treatment (Article 6, paragraph 1 of ACIA) in which these two principles are widely known as the principles of law in international economic law. While Indonesia itself has been also engaged in signing and ratifying the ACIA Agreement through Presidential Regulations No. 49 of 2011. This certainly provides a challenge and an opportunity to take advantage of this Agreement, as well as adjust the settings of Indonesian foreign investment (Law No. 25 of 2007) with the consent of the ACIA.Keywords: Implementation; Liberalization of Investment; ASEAN Region; Influence and Indonesia.]]>
<![CDATA[THE AUTHORITY OF PEOPLE’S CONSULTATIVE ASSEMBLY BY SUBSQUENT OF THE AMENDMENT OF THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA ]]>
<![CDATA[Sanidjar Pebrihariati R]]>
<![CDATA[ Yustisia Vol 6, No 3: December 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v6i3.17070
<![CDATA[People’s Consultative Assemly (hereinafter reffered to MPR) membership consisting of members of the House of Representative (hereinafter reffered to DPR) and Regional Representative Council (hereinafter reffered to DPD) members indicates that the MPR is still viewed as a representative body of the people because of its membership elected in the general election. The change of position of the People's Consultative Assembly (MPR), then the understanding of the form of popular sovereignty is reflected in three branches of power, namely the representative institution, the President, and the holder of the judicial power. Problem formulation discussed are: 1) How is the position of the People's Consultative Assembly as the implementer of people's sovereignty in Indonesia before the amendment of the 1945 Constitution? 2) How the position of MPR members coming from the DPD after the Amendment of the 1945 Constitution of the Republic of Indonesia. The research method used in this research is Normative Law research method, which uses secondary data. The discussion in this research: 1) the MPR as the executor of the sovereignty of the People in Indonesia, prior to the 1945 amendment, we see in the provisions On Article 1 paragraph (2) of the 1945 Constitution stipulates that: "Sovereignty is in the hands of the people, and carried out according to the law basic". In the above article it contains three meanings, namely: a). The sovereignty of the people is implemented by all state institutions established in the Constitution, b). The sovereignty of the people must be subject to the constitution, c) constitutional supremacy. People's sovereignty is limited by the rules of the Constitution and constitutional democracy. 2) Position of MPR members originating from DPD after the Amendment of the 1945 Constitution of the Republic of Indonesia. After the fourth amendment of the 1945 Constitution, (hereinafter referred to as the 1945 Constitution of the Republic of Indonesia), there is a fairly fundamental change in both the state administration system and the state institutions in Indonesia .]]>
<![CDATA[LEGAL PROTECTION AGAINST WORKERS IN WORK AGREEMENT ON OUTSOURCING SYSTEM IN INDONESIA ]]>
<![CDATA[Fithriatus Shalihah]]>
<![CDATA[ Yustisia Vol 6, No 3: December 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v6i3.15804
<![CDATA[In an outsourcing system, it is certain that the working relationship between employer and worker is a working relationship with a particular Time Agreement. This status becomes a problem because there is no certainty about the continuity of the employment relationships and the non-fulfillment of the rights that workers should receive, thus this is harming the workers economically and socially. The regulation related to the outsourcing system that stated in the Manpower Act No. 13 of 2003 is also difficult to implement in a business world since the existing rules do not meet the needs of the labor market. Company does not make the flow of production activities so that it is unclear and no legal certainty about the nature and types of core business and non core business activities. In the implementation of job protection and work requirements for outsourced workers, the government should enhance its role in the supervision and enforcement of labor law through the quantity and quality of labor inspectors.]]>
<![CDATA[RULE OF REASON AND PER SE ILLEGAL APPROACHES IN ENFORCING THE BUSINESS COMPETITION LAW ]]>
<![CDATA[Sufmi Dasco Ahmad]]>
<![CDATA[ Yustisia Vol 6, No 3: December 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v6i3.15020
<![CDATA[AbstractThis article aimed to find out and to give solution to the application of rule of reason and per se illegal approaches in solving the case of monopoly infringement and unfair business competition. This study was a doctrinal research with evaluative research form. The analysis used was deductive logic one. Per se illegal approach used by KPPU in making decision was based on deliberation and focused more on business behavior than on market situation. This rule of reason approach was an approach constructed based on an assumption that the high sale concentration in the presence of certain agreement between some business performers tend to result in substantial economic efficiency. Essentially, this rule of reason approach considered its economic benefit more than imposed restriction (prohibition). Standard rule of reason allows for the consideration of competitive factors and the determination of the feasibility of trading constraint. The recommendation of research was that: The use per se illegal and/or rule of reason in KPPU’s verdict should build on the objective of the development of Law No.5 of 1999, particularly the provision of Article 3, thereby can realize conducive business climate in the certainty of equal business opportunity for large, medium, and small scale employers, and the achievement of effective and efficient business activity. The application of per se illegal or rule of reason approaches in KPPU’s verdict was possible through the use of two approaches all at once, recalling very extreme difference of per se illegal and the rule of reason, and furthermore, most KPPU’s decision put its position between the two perspectives.Keywords : Per Se Illegal, the Rule of Reason, Monopoly, Unfair Business Competition]]>
