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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 12 Documents
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Search results for , issue "Vol 7, No 2: August 2018" : 12 Documents clear
ASPECT OF JUSTICE ON PROGRESSIVE TARIFF STIPULATION POLICY ON MOTORIZED VEHICLES TAX IN PAPUA PROVINCE Hotlan Samosir
Yustisia Vol 7, No 2: August 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i2.21668

Abstract

This study aims to analyze the implementation of progressive tariffs on motorized vehicles in Papua Province based on Regional Legislation Number 4 of 2011 concerning Regional Taxes. The problem studied in this paper is how aspects of democracy and justice are applied in regional legislation in Papua Province. The study was conducted by using a normative juridical research method which is focused on studying the application of norms in positive law. The application of progressive tax on four-wheeled motorized vehicles in Papua Province required review as it contradicted aspects of democracy and justice as mandated by Law Number 28 of 2009 concerning regional taxes and Regional Retributions. The enactment of the law gave a mandate to the region to form and issue a regional legislation as a legal basis for local tax collection. Based on the mandate, Regional Legislation Number 4 of 2011 concerning Regional Taxes in Papua Province was formed. Thus, the application of the regional legislation has not fully appropriate yet due to the factual consideration that the limitation on the number of four-wheeled vehicles in Papua Province is not due as its density is still at the normal level.
JOKOWI’S INITIATIVE FOR A COMPETITION TO CUT INDONESIAN REGULATIONS: RECOMMENDATIONS AND THE ROLE OF HIGHER EDUCATION INSTITUTIONS IN INDONESIA Handa S Abidin
Yustisia Vol 7, No 2: August 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i2.23210

Abstract

This research provides recommendations for the development of an initiative of the President of the Republic of Indonesia (Presiden Republik Indonesia), Joko Widodo (Jokowi), namely the implementation of a competition to cut Indonesian regulations, and relates these recommendations to the role of higher education institutions in Indonesia. The concept of “cutting” regulations should be developed into “managing.” The competition should also widen the scope of what should be managed. Rather than being limited only to “regulations,” the scope should include “laws and regulations as well as other relevant law and policy products.” Furthermore, the competition could be a trigger for developing other related collaborations. The collaboration between relevant parties in the competition and other future collaborations can be classified as a form of mutual cooperation (gotong royong) which could contribute to the development of the quality of Indonesian law in general and specifically to the quality of laws and regulations and other relevant law and policy products in the context of Indonesia. This mutual cooperation could also bring direct benefits to the Central Government of the Republic of Indonesia (Pemerintah Pusat Republik Indonesia) and other relevant state-related institutions as well as to higher education institutions in Indonesia that are expected to be involved in the competition and in other future collaborations. 
CAN INDONESIA INVOKE PUBLIC MORALS EXCEPTION UNDER THE WORLD TRADE ORGANIZATION (WTO) FOR PROHIBITING CROSS-BORDER GAMBLING? I Gusti Ngurah Parikesit Widiatedja
Yustisia Vol 7, No 2: August 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i2.19914

Abstract

Under the WTO, Indonesia is obliged to liberalize its markets through establishing the schedule that comprise a list of services that can be either opened or closed to foreign suppliers.  However, Indonesia’s schedule is vague as to whether gambling services are closed to foreign suppliers. Through this loophole, the practice of cross-border gambling services has been rampant, resulting in some consequences, especially those related to money laundering and underage gambling. Tackling this problem, Indonesia could apply public morals exception that allows member states to impose trade prohibition. By using public morals exception that was applied in some WTO cases, this article explores the way in which Indonesia could justify prohibiting cross-border gambling services. This article claims that Indonesia has a justification to impose public morals exception under the WTO to prohibit cross-border gambling services within its territory because the prohibition would be designed to protect public morals; it would be necessary to protect public morals; and the prohibition would equally apply  to both foreign and local suppliers in cross-border gambling services in Indonesia.
THE CONSEQUENCES OF SUPERVISORY LAW ON THE REGIONAL REGULATIONS WITH LOCAL CHARACTERISTICS Victor Juzuf Sedubun
Yustisia Vol 7, No 2: August 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i2.21594

Abstract

The present study investigates the consequences of supervisory law on the regional regulations with local characteristics. The study is normative with regards to the commandment and conceptual approaches. The consequences of supervisory law on the regional regulations with local characteristics, according to Article Number 251 verse 1 and 2, are dismissed (‘vernietigbaar’). ‘Vernietigbaar’ is ‘ex nunc’ that means ‘since the moment’. As a consequence of the law, the dismissal of regional regulations is valid until it is issued by the regional government. Due to the existing supervisory law performed by the Supreme Court, the judge declares the regional regulations ‘invalid’ since they are lack of powerful relevant laws. The Regional Government took a legal action on the issue of dismissed regional regulations by submitting an objection to the Supreme Court.
THE INSURANCE OF LIABILITY AS AN ATTEMPT OF RISK TRANSFERING OVER THE LOSS CAUSED BY NOTARY PULIC AND LAND DEED OFFICIALS Ghansham Anand; Agus Yudha Hernoko; Mokhamad Khoirul Huda
Yustisia Vol 7, No 2: August 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i2.21724

Abstract

This study primarily aimed to identify the type of insurance of liabilities as an attempt of risk transferring over the loss caused by the notary public and land deed officials. The method of this study was juridical-normative. The result showed that the notary public and land deed officials (PPAT) were both public officials authorized to establish an authentic deed due to clients’ requests. Any violation or negligence by Notary public and land deed officials that was out of the track of legal law might lead the clients into a disadvantageous situation. Such violation or negligence made the established deed null and void, void-able, or even turned into an private deed. This brought an effect to the client as the injured party, and thus, they might file a lawsuit in case of suing for compensation, indemnification, and interest through court proceeding.  Therefore, it needed an agency of risk-transfering in the form of insurance. The insurance of professional liability is a product of public insurance taking-over a risk that is supposed to be charged by the Notary Public and Land Deed Officials. The object of this insurance refers to the insurer’s obligation to pay compensation over particular loss the client has suffered and other expenses due to the risk.
VARYING APPLICATION OF MOST-FAVOURED-NATION PRINCIPLE IN INTERNATIONAL INVESTMENT TREATY Robertus Bima Wahyu Mahardika; Emmy Latifah
Yustisia Vol 7, No 2: August 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i2.18542

Abstract

The aim of this study is to provide an academic framing of the philosophical foundation of the Most-favored-nation principle (MFN) in international investment law. The MFN principle is one of the most important principles in international law. In international investment law, MFN principle serves as a mechanism to create conditions in which foreign investors from many countries have equal opportunities to compete fairly in host country. 
PATENT RIGHT TRANSFER THROUGH WAQF: WHAT ARE THE REQUIREMENTS? Chrisna Bagus Edhita Praja; Mulyadi Mulyadi; Budi Agus Riswandi; Kuni Nasihatun Arifah
Yustisia Vol 7, No 2: August 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i2.20720

Abstract

This study aims to examine and identify criteria for patents that can be used as waqf assets. Patents are very potential as waqf asset because of a large number of patent holders in Indonesia with the requirements of productive waqf. Patents are a type of Intellectual Property with the provision of a specified period and are still a debate related to the period of waqf which is always a pro and contradiction, some scholars consider waqf property to be forever but in the waqf law is allowed a waqf property with a specified period. This research method uses a normative legal research method with a Law approach and concept approach as well as secondary data review. The Act used is the Patent Law and the Waqf Act. The results show that the patent that can be used as an waqf asset refers to the provision of waqf property which includes (1) legal ownership of the patent owner and evidenced by a patent certificate (2) is not controversial which means not in a legal dispute until in Kracht van gewijsde or not in internal conflicts for patents owned by several inventors (3) have economic value and use value so that it can benefit the community. Patents can be used as an waqf asset because in the Waqf Law it is explained that the waqf property may be for a specified period. The period in the patent waqf in the deed of the waqf pledge must be adjusted to the period of patent protection.
INDONESIA’S REGULATION AND POLICY IN THE ENERGY SECTOR: URGENCY TO PROMOTE ENERGY EFFICIENCY IN URBAN AREAS Imam Mulyana; Achmad Gusman Siswandi
Yustisia Vol 7, No 2: August 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i2.18732

Abstract

In recent years, efforts to promote sustainable energy through energy efficiency, renewable energy and use of new technologies are moving rapidly at national, regional, and international levels. The benefits generated from energy efficiency has prompted experts and governments to work together in implementing energy efficiency policies across all sectors of life. One of the focus areas in global energy efficiency policy is energy efficiency in urban areas. This article aims to provide an overview regarding the implementation of policy and regulation on energy efficiency in Indonesia, particularly in urban areas. The research finds that energy efficiency is one of the most effective ways to improve the competitiveness and capacity of cities in Indonesia. In addition, it could advocate the Indonesian Government in responding to global environmental issues, especially climate change.
THE PATTERN OF ADEQUATE HOUSING RIGHTS FULFILLMENT IN INDONESIA Maria Madalina; Hari Purwadi; Adriana Grahani Firdausy; Achmad .
Yustisia Vol 7, No 2: August 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i2.13122

Abstract

The fulfillment of adequate housing is the part of the fulfillment of human rights as stated in the constitution. The state can not  ignore and have to do it when he has the ability to comply the adequate housing for poor people.  Adequate housing is more than material it is correlated with the human existence, hence it is categorized as human rights. As part of human rights, the fulfillment of this adequate housing is need to be respect, comply, and protect either by the state and society. The state need to take part to the fulfillment of adequate housing for those who can not afford it. As the state have the capability to realize the adequate housing for the poor, they can not ignore the human rights unfulfillment.  This research focused on law guarantee recognition and the pattern of the adequate housing fulfillment in Indonesia. It is revealed that the pattern is correlated with the state political law which is the policy in the form of laws and local regulation that decided the direction, purpose, and the law substance in housing. Beside its society, the policy also need the private sector involvement, as a result the fulfillment of the adequate housing rights has to be done by the three party.
ANALYSIS OF INSIDER TRADING PRACTICE RELATING TO LAW PROTECTION EFFORT FOR MINORITY SHAREHOLDERS Yudho Taruno Muryanto; Riezdiani Restu Widyoningrum
Yustisia Vol 7, No 2: August 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i2.17232

Abstract

This article aims to describe the characteristics of insider trading according to the Act No. 8 of 1995 on Capital Market and the implication with legal effort that can be taken by minority shareholder. The characteristics of insider trading according to the act No 8 of 1995 on Capital Market are in line with fiduciary duty theory principle, there is involvement of insider by the misappropriation trusted. Insider trading has impacts to the other investors, especially to minority shareholder. The difference opportunity to do transaction causes financial disadantages, and for the loss, minority shareholder can doing legal effort, submit their civil lawsuit to the insider trader.

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