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[INEFFECTIVENESS OF THE LAW ON CROSS INSOLVENSI UNCITRAL MODEL ]]>
<![CDATA[Sefriani Sefriani]]>
<![CDATA[ Yustisia Vol 8, No 1: April 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v8i1.27858
<![CDATA[Legal problems due to cross border insolvency are increasingly complex. The United Nations has issued the 1997 Model Law on Cross border Insolvency (CBI) to help countries solve their CBI problems. However, this model law is not effective because very few countries adopted it. The legal problem studied is why very few countries adopted the model law and how to overcome the ineffectiveness of the model law. The results of the study indicate that the lack of adoption of the model law caused by: the model law is only a non-binding legislative text; Too much flexibility encourages deviations from the provisions; do not want to reduce their sovereignty, status quo, international cooperation recommended by the model law is not always of primary interest, and many countries have been bound by international agreements on regional CBI which are considered more relevant than the model law. The solutions that can be suggested to overcome the ineffectiveness of the model law on CBI are national bankruptcy laws mechanism; the International Treaties and Conventions mechanism; Rules, Regulations, Principles and Guidelines mechanisms and protocol or adhoc agreements. ]]>
<![CDATA[FOREIGN DIRECT INVESTMENT LAW IN ASEAN COUNTRIES: PROSPECT FOR ASEAN ECONOMIC COMMUNITY ]]>
<![CDATA[Mohamad Hanapi bin Mohamad]]>
<![CDATA[ Yustisia Vol 8, No 1: April 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v8i1.21918
<![CDATA[The development of ASEAN towards the establishment of ASEAN Economic Community (AEC) at the end of 2015 has brought into sharp focus on the issue of economic and financial integration in the region. The ASEAN region has been the largest recipient of FDI, relative to GDP in Asia Pacific. Between 1952 and 2012, Singapore accounts for more than half of total FDI to the whole region. Thailand ranks the second with a 13 percent share, followed by Indonesia, Malaysia, Vietnam and the Philippines which account between 13 to 8 percent. Foreign direct investment into ASEAN recovered from the world economic crisis and regained its 2007 level of USD 76 thousand million in 2010. ASEAN Dialogue Partners comprising EU, USA and Japan accounted USD 64 thousand million, while the share of Intra-ASEAN in this total was 16% which indicates the progress of ASEAN integration. Theories of economic integration and market liberalization have been used to explain the role of foreign direct investment in developing countries. This paper aims to examine ASEAN’s financial integration prospects. ASEAN integration could accelerate in the years ahead with enhancing financial infrastructure and reliable flexible policy frameworks. On the long term closer engagement among member countries could potentially increase real incomes and accelerate real convergence.]]>
<![CDATA[ANTI-DISCRIMINATION IN EMPLOYMENT REGULATION FOR PERSONS WITH DISABILITIES IN INDONESIA ]]>
<![CDATA[Imma Indra Dewi W]]>
<![CDATA[ Yustisia Vol 8, No 1: April 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v8i1.28016
<![CDATA[Anti-discrimination is known as equal opportunity and treatment which is the right of every citizen in each aspects of life. The principles of anti-discrimination must be included in every product of legislation, including the employment regulation for persons with disabilities in Indonesia. Anti-discrimination in employment regulation for persons with disabilities have been included in the Indonesian constitution. In addition, it has also been adopted in various articles on legislation,regulating about employment for persons with disabilities, namely Law Number 3 of 2013, Law Number 19 of 2011 and LawNumber 8 of 2016. In substance, the law that guarantees the rights of persons with disabilities in a number of laws and regulations in Indonesia is sufficient. However, the regulation in Law Number 13 of 2003 on The Labor Law is not yet clear. Adjustments need to be made on Law Number 13 of 2003, Law Number 19 of 2011, and Law Number 8 of 2016. The need for the many provisions of labor laws that have not been implemented, thus it requires affirmative action to realize equal opportunities in all aspects of life and livelihood for persons with disabilities.]]>
<![CDATA[THE CONSEPT AND ITS IMPLEMENTATION OF INDONESIAN LEGISLATIVE ELECTIONS BASED ON THE PANCASILA DEMOCRACY PERSPECTIVE ]]>
<![CDATA[Franciscus Xaverius Wartoyo]]>;
<![CDATA[Benyamin Tungga]]>
<![CDATA[ Yustisia Vol 8, No 1: April 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v8i1.13226
<![CDATA[Indonesia’s democracy system was built on the basis and the strength of Pancasila, which did not favor the excessive desires of individual negotiations (liberalism) neither absolute state domination, non-liberalism, namely direct and indirect democracy that was once practiced. Those forms have their own weaknesses, but this paper will only highlight the positive side of the open democratic system, sincerely the democratic system of this nation is Pancasila democracy which refers to those two major forces of democracy. The implementation of Pancasila’s democracy in the Legislative Election can be shown in Law Number 7 of 2017 on the General Elections 2019 in Indonesia. The history of the implementation of elections in Indonesia revealed a variety of dynamics indicated by several changes in the constitutional law which were used as the basis for the implementation of elections. The publication of the Election Law is the elaboration of the provisions of Article 22E of the 1945 Indonesian Constitution. This means that the principles of democracy contained within 1945 Constitution of the Republic of Indonesia, must become the main foundations in designing norms in Law Number 7 of 2017 on the General Elections 2019, as happened, it turns out that the parliamentary threshold regulation within the Constitutional Law are ineffective in implementing this democracy.]]>
<![CDATA[JAPANESE CORPORATE GOVERNANCE REFORM : WHAT IS REQUIRED FOR EFFECTIVE FUNCTIONING OF OUTSIDE DIRECTORS ? ]]>
<![CDATA[Masaru Suzuki]]>
<![CDATA[ Yustisia Vol 8, No 1: April 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v8i1.29690
<![CDATA[The topic of outside directors’ functions has been attracting significant attention for many years now, especially in the discussions about corporate governance reform in Japan. Over the last two decades, most listed Japanese companies have voluntarily introduced outside directors into their boardrooms, in line with the gradual change in an overall corporate governance system toward a monitoring board model moving away from the more traditional management board model. It appears the recent trend is for companies to add outside directors to their boards of directors to increase corporate values. In the midst of transforming the management board model into the monitoring board model, closely reexamining the functions of outside directors is necessary. What can be concluded from the lessons learned from recent corporate scandals and the discussions concerning the functions of outside directors is: (1) outside directors should be truly independent from the company’s management; and (2) outside directors need access to the company’s corporate information in order to prevent corporate scandals and to provide appropriate advice to the company’s management.  This paper aims at considering how to make outside directors more effective and their roles more substantial, based on the history of corporate governance reform in Japan.]]>
<![CDATA[THE EFFECTIVENESS OF THE MINISTER OF COMMUNICATION AND INFORMATICS REGULATION NUMBER 20 OF 2016 ON THE PROTECTION OF PERSONAL DATA IN ELECTRONIC SYSTEMS ]]>
<![CDATA[Fadhilah Pijar Ash Shiddiq]]>;
<![CDATA[Sinta Dewi Rosadi]]>;
<![CDATA[Rika Ratna Permata]]>
<![CDATA[ Yustisia Jurnal Hukum Vol 8, No 1: April 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v8i1.28346
<![CDATA[Privacy, as a part of Human Rights, is the right of freedom of private matters. The basic concept of privacy is “the right to be let alone” which state that every individual have the right to have his own solitude without intervention. One of the most important information which also can be associated with Information Privacy is Personal Data that shall be protected as a form of protection to the privacy itself. Some of the personal data has been used as the requirements of the SIM Card Registration, thus making new problems regarding its personal data protection since the comprehensive regulation still covered only by the Ministral Regulation. Research method used in this paper is Descriptive Analytic in which the writer analyze the research object by explaining the situation and the condition of the personal data protection obtained from literatures on the facts that can be associated with the implementation of SIM Card Registration Policy according to Indonesia’s Positive Law and International Law. According to the result of the study, the Ministral Regulation already covered most of the basic data protection needed in the SIM card registration policy, however the protection provided by the Ministral Regulation still has not covered the third party involved. The Involvement of this third party is inevitable and should be protected immediatelyin order to prevent any abuse of personal data.]]>
<![CDATA[GOVERNMENT-OWNED ENTERPRISES (GOEs) IN INDONESIA’S COMPETITION LAW AND PRACTICE ]]>
<![CDATA[Arie Siswanto]]>;
<![CDATA[Marihot Janpieter Hutajulu]]>
<![CDATA[ Yustisia Vol 8, No 1: April 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v8i1.21740
<![CDATA[In the competition law discourse, one of the controversial issues is the position of Government-Owned Enterprises (GOEs). There are basically two main views regarding the status of GOEs in the competition law. First, GOEs should be granted privileges, even excluded from the scope of business competition law. Secondly, since GOEs are basically businesses and competitors to private enterprises, GOEs must also be subject to competition law. This paper discusses the status of GOEs in Indonesia’s competition law, both in the context of normative framework and in the implementation of competition law provisions. For this purpose, this paper examine the rules of competition law governing the GOEs and analyze some cases of alleged violations of competition law examined by the KPPU as the Indonesian competition authority. This study found that basically Indonesia’s competition law follows the so-called “competitive neutrality” principle in which the law treat both GOEs and private enterprises in equal manner. However, at the practical domain, the cases studied indicates that monopolistic or dominant position held by GOEs may be abused to favor subsidiaries which are in direct, head to head competition, with private enterprises. ]]>
<![CDATA[THE ROLE OF SUPERVISORY JUDGE IN THE BANKRUPTCY OF FOUNDATION ]]>
<![CDATA[Bambang Sugeng Rukmono]]>
<![CDATA[ Yustisia Vol 8, No 1: April 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v8i1.28000
<![CDATA[This article aims to find out how is the role of judges in overseeing the supervisory curator during the liquidation of the Foundation assets which is experiencing bankruptcy, as mandated in The Act No. 28 of 2004 about The Changes of Act no. 16 of 2001 about the Foundation and Act No. 37 of 2004 about Bankruptcy and Suspension of Payments of Debt. This Legal research is doctrinal and perspective. Source of the legal materials are used in the form of primary and secondary legal materials. The technique used in collecting the legal materials is study of librarianship. The technique used is analysis and interpretation of syllogism by using deductive thinking pattern. The results of the research and study produce a conclusion that these forms of control can be exercised by Supervisory Judge in supervising liquidation process while the curator of Foundation who has experienced bankruptcy is to provide licensing, approval, awarding, and proposal to curators in conducting the management and liquidation of bankrupt assets of foundation. Additional supervision conducted by Supervisory Judge is reporting responsibility of curator against the Builder ofthe Foundation regarding to the results of process of liquidation of Foundation’sassets which suffered bankruptcy. In addition, Supervisory Judge also examine the results of liquidation which is performed by curator over the clearing of the foundation’s assetswhich is experiencing bankruptcy.]]>
<![CDATA[AN OVERVIEW OF FINANCIAL LAW AS AN INDEPENDENT BRANCH OF THE LEGAL SYSTEM OF THE REPUBLIC OF BULGARIA ]]>
<![CDATA[Savina Mihaylova Goleminova]]>
<![CDATA[ Yustisia Vol 8, No 1: April 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v8i1.26202
<![CDATA[The present article aims to provide an overview of financial law as an independent branch of the legal system of the Republic of Bulgaria from a both historical and functional point of view, in the context of its traditions and current trends, which reflect the financial and legal system of the EU. The EU membership of Bulgaria holds numerous challenges and requires the mobilisation of the intellectual and physical potential of all stakeholders involved. Financial law is one of the most dynamic fields of legislation and case-law. The financial legal doctrine addresses the new challenges, building on constitutional, financial and administrative legal traditions and practices in the field of administrative justice in Bulgaria following the Tarnovo Constitution.]]>
<![CDATA[THE CONCEPT OF AUTHORIZATION (BEZIT) IN SALES AND PURCHASE TRANSACTIONS OF VIRTUAL PROPERTY ]]>
<![CDATA[Lintang Yudhantaka]]>;
<![CDATA[Ninis Nugraheni]]>
<![CDATA[ Yustisia Vol 8, No 1: April 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v8i1.28182
<![CDATA[Virtual property such as softwares, e-books, and games are commonly seen as things with economic values. This study discusses the position of bezitter in the authorization of virtual property and the object delivery in sales and purchase transactions of virtual property. Juridical-normative method with statute and conceptual approaches are all applied. The result shows that bezitter is seen as the owner, and thus, a sales-and-purchase transaction as well as the object delivery of virtual property is considered valid and enforceable if it is in accordance to what it has been agreed in End User License Agreement (EULA).]]>
