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Contact Name
Kukuh Tejomurti
Contact Email
kukuhmurtifhuns@staff.uns.ac.id
Phone
+6281225027920
Journal Mail Official
yustisia@mail.uns.ac.id
Editorial Address
Fakultas Hukum Universitas Sebelas Maret Jalan Ir. Sutami No. 36A, Kentingan, Surakarta Kodepos: 57126
Location
Kota surakarta,
Jawa tengah
INDONESIA
Yustisia
ISSN : 08520941     EISSN : 25490907     DOI : https://doi.org/10.20961/yustisia.v9i3
Core Subject : Social,
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 9 Documents
Search results for , issue "Vol 9, No 1: April 2020" : 9 Documents clear
LEGAL PHILOSOPHY REVIEW: THE PARTICIPATORY PARADIGM FOR VIOLENCE AGAINST WOMEN IN CENTRAL JAVA Cahya Wulandari
Yustisia Jurnal Hukum Vol 9, No 1: April 2020
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v9i1.40667

Abstract

This article will analyze the participatory paradigm for the empowerment problem of women of the village violence victims in central Java based on three questions in the form of ontology, epistemology, and methodology. Community involvement began when identifying problems to formulate joint actions, while the research results were directly applied to the problems encountered. Victims of violence in women are considered to be very understanding of the problems faced so that they are expected to be found the right solution to be applied in the community and provide results under expectations. In the process of Participatory Action Research (PAR) There is a process of digging, seeking, investigating issues and problems of women in the issue of women's trafficking, sexual exploitation in a collaborative research/collaboration. Research is done in an equal relationship which then ends up doing the action together. Related to the issue of violence against women raises participation and raises women's power to build a good relationship between victims of violence against women, between women and the wider community, and among women victims of violence with researchers.
SOCIAL CONFLICT RESOLUTION THROUGH EMPOWERMENT OF LOCAL WISDOMS Mohammad Jamin
Yustisia Jurnal Hukum Vol 9, No 1: April 2020
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v9i1.39430

Abstract

Ethnic, religious, race, and cultural diversity, as well as a large number of populations, are a treasure and strength for the Indonesian people, but on the other hand, it can be potential social conflicts that jeopardize the national integrity. Local wisdom which lived generations by generations and owned by the various local community is a social asset that can be empowered in social conflict resolution. Local wisdom plays an important role, not only preventing social conflict but also providing breakthroughs to resolve conflicts that occurred. Law Number 7 of 2012 concerning Social Conflicts Resolution which reflects the principles of local wisdom, it should be more empower those principles into reality. This empowerment can be done by actualizing the values and institutionalize of local wisdom in social conflict resolution that is implemented at the stages of conflict prevention, termination of the conflict, and restoration of post-conflict.
IMPLEMENTATION OF LAW NUMBER 6 OF 2014 ON VILLAGES RELATED TO THE POLITICAL PARTICIPATION OF WOMEN IN VILLAGE REGULATION IN INDONESIA Ani Purwanti; Fajar Ahmad Setiawan
Yustisia Jurnal Hukum Vol 9, No 1: April 2020
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v9i1.35673

Abstract

This article explores the affirmative action related to women's political participation in the village's decision-making process that results in village regulations. This article uses a law-based approach, it will also demonstrate the contrasting implications between affirmative action on the village legislative system and the regional parliamentary system (city, province, and state). The decision-making process in the village differs from the conventional Parliament, where the implications of the affirmative action of village law differ from the parliamentary system. This is due to the existence of the village deliberation where a group of women is mandated to be directly involved in direct deliberation. This feature facilitates bottom-up politics for gender equality and advocacy of women's rights in decision-making where female and group representatives can work shoulder-to-shoulder and safeguard one another on the agenda of Women's empowerment and gender equality. This is a unique advantage that does not exist in parliamentary politics because the quota system does not guarantee the representation of women ideologically in line with the interests of women they represent.
E-COURT AS THE PREVENTION EFFORTS AGAINST THE INDONESIA JUDICIAL CORRUPTION Susanto Susanto
Yustisia Jurnal Hukum Vol 9, No 1: April 2020
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v9i1.41127

Abstract

This study aims to determine the effectiveness of the use of E-Court to eliminate judicial corruption activities. Actions or policies permitted by law and which are not permitted. Corruption in the administration sector is closely related to the relationship between justice seekers and individual administrative staff. The issues raised in this study are How is the systematic E-Court in Suppressing Judicial Corruption in Case Administration Management in Courts in JABODETABEK and How to Improve Administrative Management of Courts in the Future. This study uses an empirical method approach with descriptive analytical research specifications. This is because this study seeks to describe the facts of the E-Court System Effectiveness in the field of suppressing Corruption in the Court's administrative management sector and the factors faced so that it can finally describe the concept of implementing a clean court management system with technology and improvement efforts. The concept of public services must be well understood by the judiciary, because until now there are still many complaints about legal services originating from the justice seeker community. The functionalization of E-Court is not optimal because there are still many justice seekers who still do not know the existence and use of the system. The E-Court system is expected to support the realization of judicial principles that are fast, simple and inexpensive in managing case administration
REVITALIZATION OF REGIONAL-OWNED ENTERPRISE (BUMD) GOVERNANCE THROUGH THE PARTICIPATION IN OIL AND GAS MANAGEMENT BY USING GROSS SPLIT MECHANISM Yudho Taruno Muryanto; Tuhana Tuhana; Anjar Sri Ciptorukmi
Yustisia Jurnal Hukum Vol 9, No 1: April 2020
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v9i1.33702

Abstract

The implementation of the gross split scheme in the upstream oil and gas business by revenue sharing contract is a new phase concerning the existence, especially for regional governments related to the insertion of regional assets. The participation of BUMD in the oil and gas management where the BUMD is located is prominent, in the context of increasing revenue and boosting the regional economy. The involvement of BUMD in oil and gas management is mainly related to the gross split mechanism. There are several problems, among others, related to the problematic management of BUMD whose business activities support the upstream oil and gas business to increase local revenue and how to implement the revitalization of BUMD governance that supports the upstream oil and gas business. This article is the result of empirical legal research by using a conceptual approach. Research techniques and data collection using primary and secondary material by analyzing the data through text interpretation (hermeneutics) and the logic of deduction. Based on the research on the revitalization of BUMD governance in the upstream oil and gas business that uses a gross split mechanism, there are several problems in its management, including overlapping sectoral arrangements regarding BUMD between one regulation with other regulations, management issues, human resources issue, supervision and guidance of BUMD, and restructuring of BUMD.
THE EXISTENCE OF COLLATERAL IN CREDIT THROUGH PEER-TO-PEER LENDING SERVICES Ninis Nugraheni; Qonitah Annur Aziza
Yustisia Jurnal Hukum Vol 9, No 1: April 2020
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v9i1.39783

Abstract

Recently, the total number of registered P2P Lending Fintech promoters has reached 144 companies after 17 fintech joined in one month and had a business license in October 2019. The status of business lisence conferred to platforms registered in OJK has met a number of requirements such as information security in the form of ISO 271001, digital signature and the principle of risk management. As an “umbrella organizationn” for all fintech companies in Indonesia, Indonesia Fintech Association (i.e., AFTECH) has 280 members, which 250 of them operate their business in digital financing system, online credit, innovation on digital finance, insuretech, equity crowdfunding, and etc. The rapid growth of the fintech industry may definitely make a huge contribution to the Indonesian people, especially for retail and unbanked segments. However, this rapid growth potentially evokes legal problems on its implementation as the implementation of credit on peer-to-peer lending does not bring the engaged parties into person but solely through online-access in addition to its less prudence of making transactions, a default of loans which injures the creditors may likely to happen. The importance of legal protection for creditors by selecting an appropriate mitigation of risks (e.g., fiduciary warrant) as a legal assurance for engaged parties, especially the preferent creditors in terms of  possessing the fiduciary certificate when it comes to default. The result of this study with the fiduciary agreement, it will be prioritized in credit disbursement when the debtor turns into bangkruptcy and thus they are not allowed to use their loans for another purpose
RESTORATIVE JUSTICE IN THE SETTLEMENT OF TRAFFIC ACCIDENT CAUSING DEATH TOLL ACCORDING TO THE PERSPECTIVE OF CUSTOMARY JUDICIARY IN SANGGAU DISTRICT, WEST KALIMANTAN Marina Rona; Rachmad Safa’at; Abdul Madjid; Mohammad Fadli
Yustisia Jurnal Hukum Vol 9, No 1: April 2020
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v9i1.39351

Abstract

This research aims to examine restorative justice in the settlement of traffic accidents caused by the death toll from the customary judiciary perspective in Sanggau Regency, West Kalimantan. The fact of the field shows that a customary judiciary is an option for indigenous people to settle traffic accidents that resulted in the death according to  customary decision. The customary judicial process is led by Pomuntuh Adat with deliberation for consensus involving the perpetrators/drivers and heirs of his family and heirs of the victim's family. Adat decision by punishing perpetrators to repay or reinstate victims losses due to criminal acts sanctioned the customary verdict where the perpetrators/drivers and heirs of the family pay customary fines to the heirs of the victim's family and also perform customary rituals as a form of recovery of natural balance. The matter of traffic accident that has been decided through the customary judiciary, it is not processed through the process through the state's prejustice. The research is an empirical legal research, using secondary data through literature studies. Primary Data was obtained through interviews where the results concluded that the settlement of a traffic accident resulting in a death toll in a customary judicial perspective is a real manifestation of restorative justice
LEGAL PROTECTION AGAINST A BOND INVESTOR ACCORDING TO THE DIGNIFIED JUSTICE Tommy Leonard; Elvira Fitriyani Pakpahan; Heriyanti Heriyanti; Azharuddin Azharuddin
Yustisia Jurnal Hukum Vol 9, No 1: April 2020
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v9i1.37818

Abstract

The defaulted cases that occurred at PT. Mobile-8 Telecom Tbk., Bakrie Telecom, PT. Berlian Laju Tanker is very detrimental to bondholder investors. This is the problem that is happening in the Indonesian economy and becomes serious since it can reduce the wheels of the economy, especially for the capital market. The purpose of this research is to protect investor-based bonds with dignified justice according to Teguh Prasetyo's dignified justice theory. The research method used is empirical or non-doctrinal. The results of the research stated that legal protections based on fairness are not only given to bond investors but issuers and trustees
GOOD CORPORATE GOVERNANCE PRINCIPLES ON INTERNET INTERMEDIARY COMPANIES IN PROTECTING THE PRIVACY OF PERSONAL DATA IN INDONESIA Saskia Kusumawardani; Sinta Dewi Rosadi; Elisatris Gultom
Yustisia Jurnal Hukum Vol 9, No 1: April 2020
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v9i1.39683

Abstract

The implementation of good corporate governance (GCG) is the main foundation of companies that needs to run their business activities for a long period. Along with the development of technology and information, the implementation of GCG is increasingly needed for internet intermediary platform providers in carrying out their business activities. The implementation of GCG principles can also reduce the risk of failure in protecting privacy of personal data on the platform. The related principles are transparency, accountability, and responsibility principle by taking into account a number of laws and regulations such as Law No. 11 of 2008 as amended by Law No. of 2016 concerning Amendments to Law No. 11 of 2008 concerning Information and Electronic Transactions (ITE Law), Government Regulation No. 71 of 2019 (GR 71/2019), and Ministry of Communication and Information Regulation No. 20 of 2016. This research will use a normative juridical research method that takes into account the provisions of the legislation and other relevant documents. As a result, the implementation of  GCG is not fully implemented in the case of failure in protecting privacy of personal data in internet intermediary company (PT Bukalapak), thus the legal attempt that can be applied to manifest the company’s liability refers back to ITE Law, GR 71/2019, and Ministry of Communication and Information Regulation 20/2016 which are compensation and administrative sanctions.

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