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[HOW CAN THE EXISTENCE OF COSTUMARY LAW PROTECT THE WATER PRESERVATION IN THE TRADITIONAL VILLAGE CAU BELAYU (TABANAN)? ]]>
<![CDATA[Made Hendra Wijaya]]>;
<![CDATA[Komang Sutrisni]]>
<![CDATA[ Yustisia Vol 7, No 3: December 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v7i3.21560
<![CDATA[This study aims to analyze and formulate strategies for solving problems arising in the future towards the existence of natural attractions Pengempu Waterfall related to prevention of land use conversion in the tourist area of Pengempu Waterfall in the traditional village of Cau Belayu. Pengempu waterfall located in the area of Cau Belayu traditional village, Tabanan Regency, Bali Province is a new natural tourism area in the region. Besides having natural beauty that can be used as a tourist place, the Pengempu waterfall area is also a sacred area by Hindus to perform prayer activities, meditation and activities related to the spiritual. To preserve the existence of the Pengempu waterfall area so that it is not damaged by the negative impacts caused by tourism activities in the area, it is necessary to have customary law to protect the area of Pengempu waterfalls, because the existence of customary law by Balinese is very important for traditional life in Bali to organize the physical condition of the region and managing the social conditions of the community. The legal approach used in this study is an approach to the concept of legal pluralism. From the results of research that has been carried out, it was found that the existence of customary law to protect the area of Pengempu waterfall to touch the beliefs of the surrounding community in managing the Pengempu waterfall area to maintain the Pengempu waterfall area so that its sustainability has sufficiently dominant power.]]>
<![CDATA[RECONSTRUCTION OF THE LOCAL GOVERNMENT MODEL BASED ON THE CONCEPT OF THE FOUNDING FATHERS AND THE 1945 CONSTITUTION JUNCTO THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA TOWARS MODERN LOCAL GOVERNMENT ]]>
<![CDATA[Chanif Nurcholis]]>;
<![CDATA[Sri Wahyu Kridasakti]]>
<![CDATA[ Yustisia Vol 7, No 3: December 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v7i3.24610
<![CDATA[The model of local governance has always changed since Indonesian independence, namely centralized and decentralized model. According to Law Number 23 of 2014 and Law Number 6 of 2014 the model of regional government returned to the traditional conservative centralized model. This model is not in accordance with the model of local government initiated by the founding fathers and norms of Article 18 of the 1945 Constitution and norms of Article 18, 18A and 18B of the 1945 Constitution of the Republic of Indonesia (after amendment). According to this problem, text research is conducted. The purpose of this study is to compare the models of local governance practiced since the colonial era until now with the model of local government conceived by the founding fathers and the 1945 Constitution. This research is a normative research with content analysis method. The result of the research is that the current system of local government deviates from the founding father conception (Muhammad Yamin, R. Soepomo, and Mohammad Hatta) and the 1945 Constitution. The conception of local government according to the founding fathers and the 1945 Constitution is modern urban decentralized regional government while the regional and village governments are regulated by Law Number 23 of 2014 on The Local Government juncto Law Number 6 of 2014 on The Village is a conservative and traditionally centralized of the local governance model.]]>
<![CDATA[LEGAL ACCOUNTABILITY OF PUBLIC ACCOUNTANTS IN THE FINANCIAL STATEMENT BASED ON INDONESIA'S LEGAL SYSTEM ]]>
<![CDATA[Raja Sirait]]>;
<![CDATA[Made Warka]]>;
<![CDATA[Krisnadi Nasution]]>;
<![CDATA[Otto Yudianto]]>
<![CDATA[ Yustisia Vol 7, No 3: December 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v7i3.25778
<![CDATA[The purpose of this study is to examine further regarding the legal accountability of the public accountants on financial statements in the Indonesian legal system. This research is important to conduct due to the public accounting profession that has a significant role to express opinions about fairness in all material matters, financial position, results of operations, changes in equity, and cash flows in accordance with general accounting principles accepted in Indonesia. In other words, the responsibility of public accountants is to express opinions on financial statements. Public accountants are responsible for planning and carrying out audits in order to obtain adequate assurance about whether the financial statements are free from material misstatement, whether caused by errors or fraud. Financial statements are the responsibility of management, and the public accounting profession cannot just be punished. This research is a normative legal research. The data used is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data collection techniques use literature study, while data validation techniques use source criticism. The data is analyzed by using legal interpretation methods to obtain answers to the questions examined. The results show that a public accountant can have criminal and civil liability in carrying out the duties when publishing a company's financial statements. ]]>
<![CDATA[JUSTICIABILITY OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS IN INTERNATIONAL LAW AND ITS FUTURE IMPLEMENTATION IN INDONESIA ]]>
<![CDATA[Irawati Handayani]]>
<![CDATA[ Yustisia Vol 7, No 3: December 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v7i3.24782
<![CDATA[Economic, social, and cultural rights are categorized as second generation of rights in the concept of international human rights law. Due to its distinction with first generation right, which is civil and political right, it leads to the differentiation of justiciability of second generation rights. It’s quite often that the fulfillment of economic, social, and cultural rights is postponed, while on the contrary civil and political rights have to be accomplished immediately. The query of justiciability of economic, social, and cultural rights rottenly links with the responsibility of state parties on implementing the rights enumerated in ICCPR or ICESCR. Referring to Article 2 of ICESCR, the implementation of rights stated in ICESCR could be in progressive manner and usually this article is used as an example to not fulfill the right immediately. This article will elaborate further the implementation of protection of economic, social, and cultural rights in another country particularly in South Africa and compare it with Indonesia in order to achieve an ideal form of justiciability of this second generation of rights.]]>
<![CDATA[THE INTERNATIONALIZATION OF THE INTERNATIONAL CONTRACT ACCORDING TO INTERNATIONAL THEORIES AND CONVENTIONS ]]>
<![CDATA[Emad Mohammed Al-Amaren]]>
<![CDATA[ Yustisia Vol 7, No 3: December 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v7i3.26196
<![CDATA[The contract generally means the consent of two wills to make a particular legal effect of giving or doing work or abstaining from work in return for material or in-kind compensation. As for the commercial nature of the contract, in the Jordanian civil law, the contract is considered commercial if it is included in the business stipulated in Article 6 of the Jordanian Trade Law. A contract is commercial if its subject matter is one of the acts provided for in article 6 of the Trade Law, as is the case with the purchase of movables for the purpose of selling them, and the agency commission and brokerage. On the international level, the commercial character of the contract comes closest to the extent to which the contract relates to international trade as the export or import of goods that regulate the movement of goods across the borders of one State. After the good study of the subject, we find that there are a number of questions or problems that accompany the determination of the internationality of the contract, including the extant of adequacy of the personal internationality, in addition to, whether the introduction of the purely national relationship to the jurisdiction of the foreign country lead to the internationalization of the relationship. The study will deal with international standards of the contract in different international theories and conventions. I will discuss the legal and economic standard in section I, the mixed standard in section II and the standards of the internationality of the contract in accordance to international conventions, especially the Vienna Conventions, The Hague Convention, the Rome Convention and the International Convention on International Arbitration in Section III.]]>
<![CDATA[THE VALIDITY OF THE COLLUSIVE TENDER IN THE PROCUREMENT OF GOODS AND SERVICES OF BUS TRANSJAKARTA Pte Ltd. (Case Study the Verdict Number: 15/KPPU-I/2014) ]]>
<![CDATA[Bella Rihandita Adella]]>
<![CDATA[ Yustisia Vol 7, No 3: December 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v7i3.21596
<![CDATA[Conspiracy in the tender including auction collusive tenders occuring through a deal between businessmen, between the owner of the work as well as between the two parties. The tender conspiracy case that happened in Indonesia is a case involving the Pte Ltd. Industri Kereta Api (Pte Ltd. INKA) in the procurement of Transjakarta fiscal of 2013. From the results of this research noted that enforcement of the law against the procurement of Transjakarta yet running optimally, where knowing the verdict matter passengers number: 15/KPPU-I/2014 in unfair business competition elements Law number 5 of 1999 can't show anyone others who benefited by Pte Ltd. INKA and profitable, as well as in the By Law 16 of Number 2018 on The President of Government procurement of goods/service stating Pte Ltd. INKA is not proven procurement tenders because collusion Pte Ltd. INKA do not know reasons of Pte Ltd. Mayapada Auto Sempurna resign therefore the Pte Ltd. INKA as winner in the tender Package I repeated Single Bus.]]>
<![CDATA[FLESHING OUT THE PROVISIONS FOR PROTECTING FOREIGN INVESTMENT ]]>
<![CDATA[Mohammad Belayet Hossain]]>
<![CDATA[ Yustisia Vol 7, No 3: December 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v7i3.25334
<![CDATA[This article aims to analyse the jurisprudence developed by international courts and tribunals with regard to the standard of treatment of foreign investors, with particular focus on issues concerning expropriation. In doing so, it will analyse some of the standard-setting decisions and far-reaching implications of: the Iran-US Claims Tribunals, the International Court of Justice and the ICSID. It will also examine the recent trend in jurisprudence on the so-called regulatory takings of foreign investment. It will explore: (a) how the decisions of international courts and tribunals have ‘fleshed out’ the principles of the law of foreign investment on, inter alia, the definition of expropriation and nationalisation and determination of the quantum of compensation; (b) how the frontiers of expropriation have been extended to cover regulatory takings]]>
<![CDATA[EXAMINING CONSTITUTIONAL AWARENESS AND STRENGTHENING JUDICIAL INTEGRITY ]]>
<![CDATA[Retno Mawarini Sukmariningsih]]>
<![CDATA[ Yustisia Vol 7, No 3: December 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v7i3.24722
<![CDATA[This article is aimed to review constitutional awareness and decision-strengthening practice in judicial institutions. As it turns out in practice, however, the legal decisions are still debatable in reality. The practice of abuse of authority in the judiciary tends to damage the pillars of the judiciary and result in a decline in trust and certainly the authority of the judiciary against society. It is a normative legal research (doctrinal research). The approach used is qualitative analysis and the application of legislation. The results of research indicate that the strengthening of the judge’ decision can be started from the quality of decision through a comprehensive and mind-opened dimension, so that it is necessary to increase the pattern of development not only by the judges but also by all relevant stakeholders such as the Secretariat General and the Registrar Apparats. The focus of development is not only about knowledge but also it was conducted from all aspects such as mental and spiritual development that conducted continuously. The consequences of providing sufficient budget to realize it and in its implementation are conducted with full responsibility.]]>
<![CDATA[THE CIRCUMSTANCE THAT NEEDS TO BE CONSIDERED BY JUDGES OF INDUSTRIAL RELATION COURT IN DECIDING REINSTATE DECISION ]]>
<![CDATA[Budi Santoso]]>
<![CDATA[ Yustisia Vol 7, No 3: December 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v7i3.19246
<![CDATA[The implementation of the Industrial Relations Court verdict in the case of termination disputes which order employers to reinstate workers faces obstacles occasionally. This is caused by the reluctance of employers to comply with the verdict. This article aims to analyze the considered situations that the Industrial Relations Court needs to take into account in declaring a reinstatement decision in the case of termination disputes. Through the use of normative legal research methods with statutory, case, and conceptual approaches, it is concluded that such considerations include: the reinstatement of worker to his/her former job title is not appropriate if the position left by the worker has been filled by another worker; the reinstatement of worker is not appropriately provided if it may cause an unharmonious relationship between employers and workers; the reinstatement of worker is not appropriately provided if it causes prejudice to the worker; the reinstatement of worker is unsuitable if it will have a negative impact on the relationship between the worker and the other workers in the workplace; and/or the reinstatement of worker would be unsuitable if the worker has a confidentiality capacity for the company's secrets because the employer no longer trusts the worker.]]>
<![CDATA[THE USE OF HUMAN RIGHTS INSTRUMENTS TO PROTECT THE VICTIMS OF LAND FIRE IN INDONESIA ]]>
<![CDATA[Achmad Romsan]]>;
<![CDATA[Akhmad Idris]]>;
<![CDATA[Mada Apriandi Zuhir]]>;
<![CDATA[Meria Utama]]>
<![CDATA[ Yustisia Vol 7, No 3: December 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v7i3.24780
<![CDATA[During the long and dry season, land fire which cause smog haze pollution, is a common phenomenon in Indonesia. Although the practice of slash and burn cultivation has no longer in existence after the promulgation of the 1974 Law No. 5 on the Village Government which abolished the Marga Government. Nevertheless, that tradition remained continued practiced by the workers hired by the big palm plantation companies and industries when they open the land to start their activities. it is very surprising that the above practice has resurfaced in the midst of a long dry season that is happening in Indonesia, especially in South Sumatra. Smog and haze resulting from land fire create health problems for the people in South Sumatra, especially in the area where smog and haze located. There are legal instruments as the foundation to claim the healthy environmental rights, the Indonesian Constitution of 1945, The 1999 Law No. 39 on Human Rights and the 2009 Law No. 32 on the Environmental Protection of and the Environmental Management. Herein, the smog and haze pollution are seen to violate the people’s human rights. Unfortunately, the use of human rights law instruments has never been done in Indonesia. Notwithstanding, many community environmental disputes are brought to the District Court rather than to the Indonesian Commission of Human Rights (KOMNAS HAM) for further study. As a result, the legal instruments above di not fully protect the victims of environmental pollution. This paper suggests the use of human rights provisions as the basis for prosecution for community environmental-human rights related disputes. For that, a comparative study to the practice of the European Human Rights Court will be of beneficial for Indonesia in protecting the people environmental human rights. In Indonesia the people’s right to a good and healthy environment is constitutional rights and legal rights for it is protected in the Human Rights Law of 1999 No. 39 and Environmental Law of 2009 No. 32. To that end, the human rights approach to the prosecution of environmental disputes are possible because of environmental pollution disturb the enjoyment of human rights.]]>
