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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 8, No 2: August 2019" : 13 Documents clear
LEGAL IMPACT OF STATE DEFENSE ON INDONESIAN CITIZEN IN INTERNATIONAL HUMANITARIAN LAW PRESPECTIVE Gerald Aldytia Bunga; Elisabeth Nirmalasari Bota Tukan
Yustisia Vol 8, No 2: August 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i2.21604

Abstract

Implementation of state defense in Indonesia can be implemented in military and non-military. Civilians can also be involved in state defense including in thoseconducted militarily, therefore this study is aimed at examining how national lawarrangements regulate the involvement of civilians in state defense which may beinvolved in military defense and how international humanitarian law regulates theinvolvement of civilians. This research uses normative legal research. The result ofthe research shows that involvement of civilians in military state defense can affectthem losing the protection they should enjoy in armed conflict.
A HOLISTIC APPROACH OF AMNESTY APPLICATION FOR BAIQ NURIL MAKNUN IN THE FRAMEWORK OF CONSTITUTIONAL LAW OF INDONESIA Reda Manthovani; Kukuh Tejomurti
Yustisia Vol 8, No 2: August 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i2.32852

Abstract

The Supreme Court has rejected a petition for case review from Baiq Nuril Maknun, a West Nusa Tenggara woman who was convicted of defamation against her alleged sexual harasser. Justices Margono, Desniyati and Suhadi rejected Nuril’s challenge against the Supreme Court's decision in September 2018, which found Nuril guilty of violating Article 27 of the Electronic Information and Transactions (ITE) Law and sentenced her to six months in prison and a fine of Rp 500 million (US$34,644). The defamation case has been criticized for using the controversial law to incriminate an alleged victim of sexual harassment, when the Mataram Education Agency reported Nuril for recording the phone call.This research is prescriptive normative research namely, legal research that takes legal issues as a norm system used to provide prescriptive justifications about a legal event. From Nuril’s case we can see the laws are sorely inadequate, case in point the Electronic Information and Transactions Law (ITE Law), that got her into trouble. It’s so rubbery, it can be interpreted any way anyone wants. Amnesty should be given to Baiq Nuril Maknun because amnesty is the authority of the President for the interests of the state, in this case human rights and citizens' rights to get legal protection and free from discrimination and Law Number 11 Drt In 1954, yet it contradicted the constitution in cases and institutions, because Article 14 paragraph (2) of the 1945 Constitution of the Republic of Indonesia had no case restrictions in granting amnesty and was carried out with consideration of the People’s Representative Council of The Republic of Indonesia.
ENVIRONMENTAL CONCERN UNDER INDONESIA’S PREFERENTIAL TRADE AGREEMENTS (PTAs) I Gusti Ngurah Parikesit Widiatedja
Yustisia Vol 8, No 2: August 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i2.24594

Abstract

International trade has resulted positive impacts, such as alleviating poverty and increasing jobs. All countries then start concluding trade agreements multilaterally, regionally and bilaterally. The existence of preferential trade agreements is increasingly significant due to the deadlock of multilateral trade agreements. Although providing benefits, international trade has adversely affected environment. Some international treaties suggest how countries should include environmental concern in their PTAs. Unlike traditional PTAs, most of modern PTAs have incorporated environmental concern, reconciling the goal of trade liberalization and environmental protection. In Indonesia, there is a link between international trade and environmental harm. This article aims to show the existing Indonesia’s PTAs, analysing how Indonesia has put, and how it should put environmental concern in its PTAs. This article argues that only a few Indonesia’s PTAs have incorporated environmental concern in their provisions. Moreover, when they include environmental concern, there is no further elaboration on how this process should be undertaken. Compare to other existing PTAs, Indonesia should start incorporating environmental concern in its PTAs, and then allow the right of government to impose protective measure in order to preserve environment. 
LEGAL PROTECTION AGAINST THE FAILURE TO COMPENSATE ON INTERNATIONAL INVESTMENT DISPUTE Vunieta .; Walida Ahsana Haque
Yustisia Jurnal Hukum Vol 8, No 2: August 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i2.28490

Abstract

A dispute between two or more countries involved in a foreign investment may arisesfrom investment agreement agreed upon by the parties. If one of the parties breachesthe agreement, the parties will automatically agree to resolve the dispute to the agreedarbitration forum based on the dispute settlement clause on the agreement, thoseforum such as the ICSID arbitration. Therefore, the existence of dispute settlementclause on an investment agreement (Bilateral Investment Treaty) is very necessary.The result of the above-mentioned arbitration proceeding is a binding and finaldecision for the parties. An arbitral award, should contain relief or compensationset by the arbitrator as the result of the proceeding. The reliefs are given as orders toindemnify the damages obtained by Claimant. Issues arises when Respondent has beenproven to have done detrimental damage to the Claimant yet Respondent deliberatelyneglected his/her obligation to compensate Claimant accordingly based on the relief/compensation specified in the award. The non-compliance of the Respondent tofulfill the compensation obligation is due to the fact that the party habitually assumethat the arbitration award does not have the legal force equivalent to the decisionof general court, even though the nature of the award is final and binding. Thus theinterests and rights of the Applicant who has been declared entitled to compensationbased on the arbitration award must be protected so that their rights can be fulfilledaccording to the law.
COMMERCIAL SEXUAL EXPLOITATION OF CHILDREN: AN EFFORT OF HANDLING AND LEGAL PROTECTION Devi Rahayu; Syamsul Fatoni
Yustisia Jurnal Hukum Vol 8, No 2: August 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i2.25246

Abstract

This article examines efforts to protect and deal with government, law enforcement agencies and assistants or NGOs in preventing and eradicating commercial sexual exploitation of children (CSEC). In Indonesia there are many child trafficking in border areas and cities like Surabaya, which are identified as sending, transit and destination cities. The research type used is  the juridical empirical study namely the effectiveness research of regulations enforcement on child protection. Primary data obtained from experience experienced by children and the family, law enforcement, government and companion Non Governmental Organization (NGO). Data collection techniques carried out by the interview method and FGD. The results showed that the commercial sexual exploitation of children is an act of human trafficking because the purpose of sexual action is to obtain money or other goods with the children, sex service users, liaison and related parties. The highest educated victims of Commercial Sexual Exploitation of Children (CSEC) are high school and are in an economically inadequate condition, broken home, and the influence of uncontrolled social media. 
LEGAL PROTECTION OF LURIK ART CONSERVATION THROUGH INTELLECTUAL PROPERTY RIGHTS 2 IN KLATEN REGENCYLEGAL PROTECTION OF LURIK ART CONSERVATION THROUGH INTELLECTUAL PROPERTY RIGHTS 2 IN KLATEN REGENCY Riska Andi Fitriono; Sarwono Sarwono
Yustisia Vol 8, No 2: August 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i2.20162

Abstract

This article aimed to analyze legal protection of Lurik Art Conservation Through Intellectual Property Rights in Klaten Regency. Klaten is the area that is most concerned with the survival of lurik weaving. There is someone mentioned that the Klaten Regency was the capital of lurik weaving. Because the weaving of Looms are not machines or Alat Tenun Bukan Mesin (hereinafter abbreviated to ATBM) is a mainstay of this city. There are countless villages that become centers of lurik craftsmen. This research is empirical or non-doctrinal research, which is a study that sees the law not only from the perspective of legislation, but also sees the law in its implementation. The results of the study show that the first legal protection in preserving the current lurik art in Klaten, namely the Klaten Regency Government, then stipulates the Regent's Regulation Number 53 of 2010 Article 23 Paragraph (9) on the Daily Batik and Traditional Weaving Lurik Service or ATBM Striated and the Klaten Regent's Decree Number : 065/1014/06 December 30, 2010 on Wearing Traditional Weaving, Motives, Colors and Free Models with Attributes. Furthermore, based on the Decree of the Regent of Klaten Number 050/84 of 2016 on Klaten Regency's Superior Products, batik striated is one of the superior products of Klaten Regency. With the issuance of these rules as an effort to protect and preserve lurik art in Klaten district and referring to Law Number 28 of 2014 on Copyright, it has regulated the forms of protection of lurik art in Klaten through Article 40 paragraph (1). The Second Protection of Intellectual Property Rights Against Lurik Art, namely Protection of lurik artworks, besides being accommodated in Law Number 28 of 2014 on Copyright (Copyright Law) and Trademark Law and other intellectual property right laws. Elucidation of Article 40 paragraph (1) letter j of the Copyright Law. The work is protected because it has artistic value, both in relation to the picture, style, and color composition. The Copyright Act also emphasizes that it is important to protect Copyright because every creator, in this case, the creator of the lurik motif has the right to moral rights and economic rights.
LEGAL PROTECTION FOR THE LOSS OF THE PASSENGER OF ONLINE TRANSPORTATION Pujiyono Pujiyono; Umi Khaerah Pati
Yustisia Vol 8, No 2: August 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i2.34156

Abstract

Online transportation shall provide a security, comfort and safety guarantee for service users, however it is not performed in the application. Service users still havenot guaranteed their rights as consumers. In the case the consumer suffers a loss, itis remain undetermined how compensation may be granted, therefore it demandsan equal legal protection. Facing this condition, Law Number 8 of 1999 on TheConsumer Protection has not yet stipulated slear provision regarding this matter,likewise the online transportation service users and service providers are only boundin limited aspects. The research method of this reasearch is normative legal researchonly focusing on the issues raised, discussed and elaborated with applying  the rulesor norms in positive law, using Statutory Approaches and Conceptual Approaches,with primary and secondary legal materials. The data collection technique used isliterature study. The analysis technique used is the deductive method. The resultsshowed that there was an legal relationship between service users and onlinetransportation service providers. Consumers have the right to get protection in theform of responsibility for information, legal responsibility for services providedand responsibility for security and comfort. However, for the losses suffered, legalprotection for losses incurred by passengers in online transportation mode is still poordue to lack of regulations and the undetermined standard regulations specifically inregulating online transportation modes.
ACHIEVING OF INCOME TAX WITH AWARENESS OF TAXATION IN INDONESIA'S TAX LAW SYSTEM Putri Anggia
Yustisia Vol 8, No 2: August 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i2.26136

Abstract

The journey of Indonesian taxation is full of dynamics in order to get the State's revenue target as the main source of the country's economy. Furthermore fulfillment of the country's income depends on ongoing policies. However Indonesian people does not  found a point that the obligation to pay taxes is a form of voluntary awareness as citizens. This was captured by the Government as one of the points that must be observed and acted upon. The Minister of Finance Decree Number 36 / KMK.01 / 2014 concerning the Blueprint of the Ministry of Finance's Transformation Program for 2014-2025 provides space to take several steps in an effort to increase understanding of tax awareness through education. This study aims to examine in depth about tax education in the tax law system in Indonesia. The methodology used in this study is literature study that the data collection techniques, and library research aim to examine primary legal materials, secondary legal materials, and tertiary legal materials. The library materials are summarized and analyzed. This research found an assertive concept that was applied massively, consistently, and could be accepted by every society in order to succeed the goal of achieving tax awareness. It is tax compliance.
STUDY OF THE HISTORY AND DYNAMICS OF THE AGRARIAN POLICY IN TRANSFORMING THE INDONESIA’S AGRARIAN REFORM Triana Rejekiningsih; Chatarina Muryani; Diana Lukitasari
Yustisia Jurnal Hukum Vol 8, No 2: August 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i2.33610

Abstract

This study was conducted to find out: (1) the agrarian history as a milestone of the agrarian policy in Indonesia; (2) the dynamics of agrarian policy as a drivingfactor for the agrarian reform; (3) agrarian policy as a means of transforming theagrarian reform in Indonesia. This study is a normative juridical legal researchwith a historical approach, in addition to use conjunctural approach to examine thecomplex, historically specific, of various agrarian policies. The study concludes that:(1) Agrarian history is an important part of the agrarian policy realization, beginningfrom Dutch colonialism along with the dominated agrarian resources and the raiseof peasant resistance against imperialism, this condition gave rise to the spirit ofnational movements and the birth of Law Number 5 of 1960 on The Agrarian BasicLaw (hereinafter abbreviated to UUPA) as the basis for agrarian policy in Indonesia;(2) Not all the agrarian policies are oriented towards the objectives of the UUPA, oftentime they cause problems in their application, among others its irrelevant to principlesof justice and people's welfare, land tenure disintegration, lack of certainty over theland rights, stand for the capital owners, opening up of foreign investors controllingagrarian sources, the designation of forest areas on people’s lands, nationalization ofthe plantations, repressive resolution of agrarian conflicts, and land certification whichlegalizes inequality land tenure structures; (3) agrarian policy is an important partof the process of realizing the agrarian reform, especially in the context of agrariantransformation towards the formation of a 'agrarian' society structure integrated intoeconomic pillars to improve people’s welfare.
COMPARATIVE STUDY OF IMPLICATION FOR IMPLEMENTING COPYRIGHT LAW AND BOOK LAW IN THE LIBRARY COLLECTION SERVICE Mohamad Pandu Ristiyono; Ratna Nurhayati
Yustisia Vol 8, No 2: August 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i2.32522

Abstract

This article examines the implication of Copyright Law and Book Law implementation of the service in the library. The research method used is normative juridical legal. Thecorrelation between the Book Law, Law on Handover of Print and Recorded Worksand the Library Law, both are lex specialist derogate generalist of the CopyrightLaw or not, according to the author is the adoption or depiction of the fair use andfair dealing doctrine as which is the social function of copyright. The CopyrightLaw provides protection for Author and Copyright Holder with exclusive rights tobe exploited. Related to the Law on Handover of Print and Record Works whichgives the obligation of the Author or Copyright Holder to deposit their work for thepurpose of preservation and other social purposes to the library which is regulatedin the Library Law

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