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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 8 Documents
 1 
Search results for , issue "Vol 8, No 3: December 2019" : 8 Documents clear
STUFEN THEORY AS A BASIC ANALYSIS OF THE LEGAL STANDING OF THE MINISTERIAL REGULATION AND ITS RELATION TO THE EXECUTION OF THE LOCAL REGULATION Bachrul Amiq; Yovan Iristian
Yustisia Jurnal Hukum Vol 8, No 3: December 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i3.33590

Abstract

Law is a set of regulations that contain a kind of unity that we understand through a system, as one form of this realization through Article 22A of the 1945 Constitution of the Republic of Indonesia. The legal force binds a regulation in accordance with the hierarchy as referred to in Article 7 of the Law Number 15 of 2019 on the Establishment of Laws and Regulations (hereinafter Law Number 15 of 2019), but in line with Law Number 15 of 2019, it does not recognize the legal standing of the Ministerial Regulation. This research focuses on analyzing and finding answers to questions about the legal standing and characteristics of Ministerial Regulations in the Hierarchy of Statutory Regulations in Indonesia. The research method with a normative juridical approach, prioritizes library research and its implementation in practice. Research specifications are descriptive. The research phase is carried out through library research, collecting secondary data in the form of primary, secondary, and field research materials to obtain primary data as a support. The theory put forward by Hans Kelsen through Stufen Theory and Adolf Merkl’s theory through (Das Doppelte Rechtsantlitz) as a basic analysis to study the legal standing and characteristics of the Ministerial Regulation. In line with the Law 9 of 2015 on the Local Government that Ministerial Regulations are above Provincial, Regency / City Regional Regulations, thus Ministerial Regulations may not conflict with Presidential Regulations and Government Regulations and provide guidelines for Provincial, District / City Regulations in determining the local regulations
ANALYSIS OF M-P-F-A-A-C (Meaning – Positioning – Functioning – Authorizing – Actuating - Controlling) ON THE VILLAGE GOVERNMENT INSTITUTIONAL ARRANGEMENT (Law Making Philosophically of Law Number 6 of 2014 On Villages) Sri Wahyu Kridasakti; Sudarsono Sudarsono; Chanif Nurcholis
Yustisia Jurnal Hukum Vol 8, No 3: December 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i3.34665

Abstract

The issue of the article is "What are the implications of village institutional governance for village governance institutional governance?". The legis ratio of Law Number 6 of 2014 states in Article 18 B paragraph (2) of the 1945 Constitution of the Republic of Indonesia, while the subject matters prescribed includes two main material types of different villages. This study uses a normative legal research method with a prescriptive conceptual approach and statute approach. The theoretical basis used is the rule of law, the theory of legislation, the concept of local government,;the concept of authority, and the concept of M-P-F-A-A-C. The results showed that the village government regulated by Law Number 6 of 2014 is not an autonomous village but an independent village, not a customary law community unit and not a formal government. While the implications for governance in the Meaning aspect, happened to shift in the meaning of village government institutions from time to time; in the Positioning, the institutional status of village government as state-corporatism is a deviation in the administrative logic of local government; in the Functioning, the imposition of technocratic local government institutional function work is unrealistic to the institutional function of a self-governing community; in the Authorizing, authority over the principle of Recognition and Subsidiarity that is apparent from the government is outside the principle of decentralization; in the Actuating, the work apparatus of the village is not solid yet, showing poor regulation which also technocratic in Government Regulation Number 43 of 2014 Jo. Government Regulation Number 47 of 2015; in the Controlling, construction of checks & balances carried out by Village Council (BPD) are still ineffective due to weak apparatus competence and low community participation in the policy making process. In conclusion, Law Number 6 of 2014 has a 'contra-productive' implication for village governance institutional governance, therefore Law Number 6 of 2014 needs to be reformulated
THE ROLE OF THE CONTRARIUS ACTUS PRINCIPLE IN OVERSIGHT OF THE GROWTH AND DEVELOPMENT OF COMMUNITY ORGANIZATIONS Muhammad Yasin Izhharulhaq; Adrian E Rompis; Amelia Cahyadini
Yustisia Jurnal Hukum Vol 8, No 3: December 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i3.31702

Abstract

The term contrarius actus principle is deemed not to exist in Law Number 17 of 2013 on Community Organizations (hereinafter to as CSOs) so that it explicitly states that the Perppu of CSOs contains the principle of contrarius actus in its application. The existence of this principle as referred to in the consideration of the Public Order Perppu lies in the process of applying sanctions where the process is part of the follow-up process of supervisory actions carried out by government officials. Thus, that role in terms of supervision should be studied more deeply in connection with the growth and development of community organizations at this time. The research method with a normative juridical approach, prioritizes library research and its implementation in practice. Research specifications are descriptive. The research phase is carried out through library research, collecting secondary data in the form of primary, secondary, and field research materials to obtain primary data as support. Based on the analysis conducted by the author regarding the role of the principle of contrarius actus in monitoring the growth and development of community organizations, the author raises the role of the principle of contrarius actus in terms of supervision of CSOs as the application of sanctions in the form of administrative sanctions, which are emphasized by the role of responding or reacting to non-compliance with provisions the provisions contained in the decision which in this case are ratification as registered CBOs and also ratification of CSOs as legal entities, in other words that the placement of sanctions in the case of mass organization supervision is a follow-up to the results of monitoring and evaluation by external supervisors with the aim that can control the initial purpose of the establishment of a mass organization that is in accordance with the objectives of the state and national development.
BAPETEN SUPERVISORY AUTHORITY IN THE PROCEDURE OF TRANSPORTATION OF RADIOACTIVE SUBSTANCE THROUGH THE SEA Shinta Hadiyantina; Dewi Cahyandari; Dhiana Puspitawati
Yustisia Jurnal Hukum Vol 8, No 3: December 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i3.34678

Abstract

One important thing that must be considered in the use of nuclear and other radioactive materials is the process of transporting radioactive substances through the sea. This paper will analyze the optimization of the supervisory authority of BAPETEN in the transportation of radioactive substances, especially in the process of transporting radioactive substances by sea. Option to choose the sea because most of Indonesia's territory is the sea. If it has the authority, Bapeten's supervisory authority will then be analyzed in the process of transporting radioactive substances via the sea lane. Recommendations from this article are a form of juridical liability if an error occurs, which causes a loss in the process of transporting radioactive substances by sea. Because the process of transporting radioactive substances is essential in preventing the occurrence of radiation, the regulatory authority in the transportation process must be regulated in detail based on the precautionary principle, as well as the form of juridical accountability.
THE IMPACTS OF APPLYING NATIONAL PAYMENT GATEWAY IN THE INDONESIAN PAYMENT SYSTEM AS THE ECONOMIC DEMOCRACY IMPLEMENTATION Hassanain Haykal
Yustisia Jurnal Hukum Vol 8, No 3: December 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i3.34540

Abstract

The National Payment Gateway (NPG) is developed to make the payment infrastructure more efficient, reliable, and secure for both local and international transactions. This is in line with the state's efforts to implement the constitutional rights of citizens contained in Article 33 of the 1945 Constitution. State efforts in the NPG urged to be done to support the fulfillment of the constitutional rights of citizens in the economic field. Therefore, this study aims to determine the impact of applying NPG in the Indonesian payment system as a form of fulfilling the constitutional rights. This study uses a type of legal normative research in the form of legal behavior products. The results show that the application of NPG could be the basis for processing mass payment transactions through the integration of all payment channels and domestic processing which has not been carried out efficiently. Therefore, the NPG rules and mechanisms are determined for all domestic payment transactions and instruments from domestic issuers, with all the processes carried out locally. This was conducted to broaden people's acceptance of non-cash transactions and a way of making it become an integral part of Bank Indonesia's efforts in facilitating non-cash movements within the country. NPG is also part of the fulfillment of the constitutional rights of the community, in which the community is given the ease and efficiency in making transactions as a form of economic democracy with the principle of togetherness, equitable efficiency, sustainability, by maintaining a balance of progress and national economic unity.
THE AUTHORITY OF ADMINISTRATIVE COURT IN SETTLING THE DISPUTES OVER ELECTION PROCESS IN INDONESIA Oce Madril
Yustisia Jurnal Hukum Vol 8, No 3: December 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i3.35553

Abstract

Indonesia is a country that provides constitutional guarantees over the principle of popular sovereignty. A manifestation of the principle of popular sovereignty is through the holding of a General Election. To safeguard the implementation of fair and democratic elections, laws and regulations concerning elections are made by the government. One of the principles of fair and democratic elections is the availability of legal mechanisms to resolve election disputes. The Indonesian Election Law already has these rules. One mechanism for resolving election disputes is through state administrative courts. This research focuses on discussing the development of the authority of the State Administrative Court (PTUN) in resolving disputes over the Election process. The PTUN has long been established in Indonesia, but the authority of the PTUN in resolving election disputes is a new authority expressly granted by the post-reform election law. This study also discussing two PTUN decisions. The decisions show how electoral law is applied in the practice, which is sometimes not always the same as what is expected by legislators.
UNDERSTANDING THE PUBLIC INTEREST IN DEVELOPMENT NYIA (New Yogyakarta International Airport): AN ECONOMIC ANALYSIS AND LEGAL APPROACH Muhammad Fikri Alan
Yustisia Jurnal Hukum Vol 8, No 3: December 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i3.38230

Abstract

This paper seeks to use economic and law approaches in looking at the problems that occur over the construction of New Yogyakarta International Airport (NYIA). According to the legal approach that is often done, it has not given a clear meaning of what the phrase "public interest" is. In fact, the meaning of this phrase becomes very important, considering that this is used as the basis by the state in seizing the right to land owned by people, which is then used for the construction of the airport. For the economic approach method, it is expected to be able to complete the approach, by analyzing whether the current development process can benefit the country economically or not. Thus, the use of economic approaches, in this case is the NYIA's development policy, in fact, can be ambiguous. On the one hand it can be a justification for the state to continue the development process. On the other hand, it can be a justification for the people who until now continue to expect the development of the NYIA to be halted.
THE RELEVANCE OF RONALD DWORKIN'S THEORY FOR CREATING AGRARIAN JUSTICE IN INDONESIA Muh. Afif Mahfud
Yustisia Jurnal Hukum Vol 8, No 3: December 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i3.27386

Abstract

Law enforcement related to Agraria is unjustly marked by the discrepancy of natural resources ownership and many agrarian conflicts. This is normative research, use conceptual approach and secondary data. Then, data collected is analyzed qualitatively. Based on research, moral reading stated by Dworkin is very relevant to be implemented to create agrarian justice in Indonesia because of its endorse rule to be interpreted according to the justice principle. Dworkin's theory of justice is very relevant in creating justice in Indonesia because of : (1) emphasize the importance of public participation and individual understanding in constructing justice; (2) acknowledgment of public diversity; and (3) giving attention to disadvantaged people.

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