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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 7, No 1: April 2018" : 13 Documents clear
FAIR AND EQUITABLE TREATMENT STANDARD IN THE INTERNATIONAL INVESTMENT AGREEMENTS Sefriani .
Yustisia Vol 7, No 1: April 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i1.18536

Abstract

In the last five years, the number of investors who suit against host state in the international arbitration forum increased significantly. Almost all lawsuits used fair and equitable treatment (FET) standard which has been violated by the host state. Most of international investment agreements including those that were made by Indonesia contain FET standard clauses. However, there are no definitions related to this standard. This condition potentially raises a very wide interpretation of the standard. The problem formulations in this article are how the history of FET is, where its position in international investment law is and what elements of FET standard are. The results show that the FET standard has existed since Havana Charter followed by various FCN, BIT and other international investment agreements. FET standard can be categorized as customary international, legally binding on all countries regardless their national law. Although there is no universal approval regarding the scope of FET standard, the writings which have been published and the arbitral tribunal decision mentions that those elements are legitimate expectation; due process; denial of justice; rule of law; non- discrimination; transparency; consistency, good faith, and reasonableness.
WHY VILLAGE FUND NOT YET PROMOTING ENVIRONMENTAL SUSTAINABILITY? AN EMPIRICAL STUDY OF VILLAGE FUND INCENTIVES IN CENTRAL JAVA PROVINCE, INDONESIA Djuwityastuti .Djuwityastuti; Wida Astuti
Yustisia Vol 7, No 1: April 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i1.18326

Abstract

One of the purposes of granting village funds under Village Law Number 6 year 2014 is to support the rural development through the sustainable use of natural and environmental resources. Based on the statistical data from The Ministry of Finance Republic of Indonesia, the grant of village funding since 2015 has increased for each year. However, based on empirical data in The Central Java Province is still in the allocation for physical development (infrastructure sector) and far from environmental sustainability programs. Through research funded by Sebelas Maret University Surakarta, this article will describe (1) factors that hinder the sustainable environmental development and (2) how the way out that can be applied to support sustainable environmental development for subsequent years.
LEGAL ANALYSIS OF THE USE OF CIRCUMSTANTIAL EVIDENCE THEORY: STUDY OF THE SUPREME COURT DECISION NUMBER 777/Pid.B/2016/ PN JAKARTA PUSAT Cahya Wulandari
Yustisia Vol 7, No 1: April 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i1.17190

Abstract

As the provisions of Article 183 of the Criminal Procedure Code, the system or theory of proof embraced in Indonesia is a negative evidentiary system of law which, in the case of proof, is based on the evidences established in the law which may provide the judge's confidence. Based on the above matter, the existence of Decision Number 777 / Pid.b / 2016 / PN Jakarta Pusat is important to be studied in the judgment. The judge gives the verdict by using circumstantial evidence proof theory. The case was decided entirely using indirect evidence because there was no eye witness or other direct evidence that could prove the indictment. The discussion was conducted using qualitative approach with normative juridical method. Circumstantial evidence is new among practitioners, legal arguments from experts are needed to sharpen the analysis. The juridical review of the use of circumstantial evidence is divided into two categories that are recognized by the KUHAP and which are not recognized. Circumstantial evidence can be a solution for judges in verifying cases that are considered difficult. In a law-based State, the use of circumstantial evidence theory requires the regulation of valid evidence in accordance with the current development of cases.

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