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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 9, No 2: August 2020" : 8 Documents clear
NON SECULARIZATION OF MARRIAGE LEGAL PROCEDURE BASED ON BELIEF IN ONE ALMIGHTY GOD IN INDONESIA Burhanudin Harapah; Solikhah Muslich Sugiyono; Luthfiyah Trini Hastuti
Yustisia Jurnal Hukum Vol 9, No 2: August 2020
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v9i2.27394

Abstract

When disputing in court, non-Muslim citizens use positive laws established by the state that do not involve their religious beliefs. Philosophically, this is on the contrary to the constitution, which states that the country is based on belief in one Almighty God. Moreover, in every decision, judges are formally required to begin with "For the sake of the one Almighty God." This phenomenon may be the result of cultural and/or structural factors that require a research study. This research is normative legal research to devise models of religious legal formulation in the legal system in Indonesia. The results of the study illustrate that changing secular marriage law to religious marriage law is possible through formal procedural rules and substantial material rules. In the initial stages, efforts should be made to change the formal procedural arrangement stage using a procedure to examine, adjudicate, and decide a case. Before deciding on a divorce case, the religion of the disputing parties needs to be involved by (1) appointing a judge who is of the same religion as the disputing parties to examine, adjudicate, and decide the case; (2) requiring judges to present expert witnesses from religious leaders of the disputing parties. This is very important because religion is a truth system based on belief and not all religious beliefs can be rationalized.
LEGITIMATION OF THE SURROGATE MOTHER AGREEMENT ON HUMAN RIGHTS PERSPECTIVE Putu Eva Ditayani Antari; Dewa Ayu Yeni Asmari
Yustisia Jurnal Hukum Vol 9, No 2: August 2020
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v9i2.43122

Abstract

Surrogate Mother is a method used by infertility couples to have offspring who still have a genetic relationship. This method is usually carried out by married couples who cannot have offspring through the IVF method. The implementation of Surrogate Mother is generally based on agreement. This agreement is an agreement that grows and develops in the community so that it is not yet known in the Penal Code. So this agreement is included in the new innominaat agreement. In Indonesia, until now there has been no legal umbrella related to Surrogate Mother. The existence of this agreement is inseparable from the principle of freedom of contract which gives freedom for everyone to make any agreement and with anyone. With the Surrogate Mother agreement, the right to continue descendants which are human rights (civil and political rights) which cannot be reduced under any circumstances can be fulfilled. In the implementation of Surrogate Mother, we also pay attention to certain restrictions as regulated in IVF regulation, including those conducted by a legitimate married couple and in a state of infertility. Therefore, the type of Surrogate Mother that can be done is Gestational Surrogate or Intrafamillie Surrogate by implanting the results of fertilization of a legitimate husband and wife into the womb of a Surrogate Mother.
LEGAL PROTECTION FOR CHILDREN AS VICTIMS OF SEXUAL VIOLENCE IN FULFILLMENT RESTITUTION RIGHTS Niken Subekti Budi Utami; Imam Prabowo
Yustisia Jurnal Hukum Vol 9, No 2: August 2020
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v9i2.35208

Abstract

This is an empirical normative study, which aims to determine the legal protection for child victims of sexual violence in the context of law enforcement and the implementation of the right to restitution. In addition, the materials used were primary and secondary data. The legal instrument that implements the rights to restitution for children victims is the arrangement of articles that are unclear and incomplete, resulting in problems. However, bad judges prevent courts from implementing these rights. Unclear and incomplete rules on procedures concerning restitution rights have resulted in an understanding of law enforcement officials, especially in conducting the inter-court application process, and proceedings. Meanwhile, the human resource factors in supporting the fulfillment of restitution are deemed inadequate. The existence of a legal vacuum in the procedures for fulfilling these rights has made the public prosecutor to implement the court resolution and make innovation through consensus decision making.
ROHINGA STATELESS PERSONS: ROLE OF UNHCR IN REFUGEE PROTECTION AND LACK OF ADEQUATE LEGAL PROTECTION IN INDONESIA Sutiarnoto Sutiarnoto; Jelly Leviza; Saiful Azam
Yustisia Jurnal Hukum Vol 9, No 2: August 2020
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v9i2.43196

Abstract

This article aimed to study about how role of UNHCR in refugee protection and  the legal protection for Rohingya refugees in Medan municipality. According to data from the United Nations High Commissioner for Refugees (hereinafter abbreviated to UNHCR) since January 2012, there were 3275 asylum seekers and 1052 refugees. Most refugees come to Indonesia with the hope of being permanently resettled elsewhere, often in America or Australia, but increasingly stringent immigration policies, massive underfunding and a lack of resources to sustain the influx of newcomers have left them stuck here. This research uses a sosio-legal research with statute approach, conceptual approach, and case approach. There are several provisions regarding refugees, but none have specifically discussed the handling of refugees in Indonesia. The positive law of immigration in Indonesia does not contain any special provisions (lex specialis) for asylum seekers and refugees. Because Indonesia has not ratified the 1951 Convention and 1967 Protocol, the Indonesian government does not have the authority to deal with refugee problems. The authority to handle refugees is given to international organizations such as UNHCR which is a UN organization, IOM, ICRC and various other organizations or NGOs engaged in the humanitarian sector. However, the handling of this international organization has not been implemented optimally due to obstacles
ASSESSING THE INDONESIAN CONSTITUTIONAL COURT CONSISTENCY IN DETERMINING ITS AUTHORITY TO SETTLE DISPUTE ON REGIONAL HEAD ELECTION Andy Omara
Yustisia Jurnal Hukum Vol 9, No 2: August 2020
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v9i2.40906

Abstract

This study aims to answer three important questions: first, how the 1945 Constitution regulate the authority of the Constitutional Court in resolving dispute on general election as stated in Article 22 E and the regional head election as stipulated in Article 18. Second, how the Constitutional Court, through its rulings, interpret its authority to settle dispute on general election and regional head election. Third, why, in different period, there is a tendency that the Court provide different interpretation regarding its authority to resolve dispute on general election and regional head election. To answer these three questions, this study utilizes doctrinal approach. It analyses the relevant laws and regulation and also the relevant Court rulings. This study concludes that (1) the 1945 Constitution expressly differentiate between regional head election and general election. However, (2) the Court provide different interpretation on determining the nature of regional head election specifically on whether such an election include in the category of general election or it is a distinct election. (3) There are two main factors that may explain why the Court provide different explanation regarding its power to settle dispute on the regional head election and general election. 
THE ROLE OF THE JUDICIARY IN EXECUTION OF ARBITRATION AWARD IN THE ARABIAN MIDDLE EAST COUNTRIES Emad Mohammed Al-Amaren; Ahmed M A Hamad; Omar Farouk Al Mashhour
Yustisia Jurnal Hukum Vol 9, No 2: August 2020
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v9i2.43066

Abstract

Arbitration has been known since ancient times, Arbitration is an ancient system known to the ancient Greeks and Romans, and the first origins of arbitration was in the ancient Roman era. Arbitration is a legal path that seeks to resolve disputes when parties choose to deal with it. The result of the arbitration is called an arbitration award. Where this judgment is issued as a decision of rights and it is binding for opponents subject to it, and when the opponent who has the right obtained an arbitration award for his benefit, this arbitration award does not pay off the purpose of it only after the implementation of the other opponent for what it says. The issue of Execution of arbitration award is very important, and the arbitration decision includes judgment on the parties to the dispute and giving the right to another party and may also include binding the parties as if the expenses were divided between them. As for the implementation of the arbitrators award, it is only if the arbitration award has reached a certain degree of strength, so that the objection to it does not have an impact on its executive power or its enforcement, and this is with the approval of the judiciary. The role of the observer of the arbitration procedures upon the issuance of the arbitration award, in addition to that he plays an important role through the arbitration procedures from bringing a witness or bringing papers from a government agency, and from that we reach the research point where the judiciary and arbitration are connected through oversight of the arbitration award after its issuance as The judiciary determines the fate of the entire arbitration process, as it can nullify this ruling or make it enforceable
THE IMPLEMENTATION OF RELIGIOUS PLURALISM VALUES OF ISLAMIC LAW ON ARTICLE 156A OF THE CRIMINAL CODE Rossa Ilma Silfiah
Yustisia Jurnal Hukum Vol 9, No 2: August 2020
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v9i2.43099

Abstract

Religious freedom in Indonesia is based on the abundant presence of Godliness that is the religious values embraced in Indonesia. The religions are Islam, Christianity, Catholicism, Hinduism, Buddhism and Confucianism mentioned in the Presidential Decree No. 1 of 1965 on the defamation/blasphemy, and stipulation of Article 156a to become a part of Article 156 Criminal Code. The essence of the blasphemy law is to realize a harmonious religious life. This is in line with the Islamic law that is universal and dynamic. Islam does not deny the diversity of the universe, diversity of knowledge, diversity of tribes and cultures, and diversity of religions and beliefs. Because the messenger of the Prophet was to improve the morality of his followers by carrying the value of Rahmatan lil-aalamiin (a blessing for the universe). In this study, the values of Islamic law implicit in Article 156a of the Criminal Code were examined by applying a normative method as well as religious text approach as a framework for argumentation. In addition to applying a policy-oriented approach, this research also applied a value-oriented approach. Because the position of Islamic law is one source of material law as well as very relevant to the pluralistic style of Indonesian society.
THE IMPORTANT ROLE OF INTELLECTUAL PROPERTY CENTERS IN UNIVERSITIES IN ENCOURAGING THE ESTABLISHMENT OF INTELLECTUAL PROPERTY Oksidelfa Yanto Yanto
Yustisia Jurnal Hukum Vol 9, No 2: August 2020
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v9i2.51175

Abstract

This research is purposed to determine the form of obligation of lecturers at universities in producing intellectual property and also to find out how important the role of intellectual property centers in universities is in encouraging the establishment of intellectual property. The research method used is normative juridical with the presentation of data in the form of secondary data which includes primary legal materials, secondary legal materials and tertiary legal materials. The results of the study show that lecturers have a very important role in creating intellectual property, this is because lecturers must continue to develop and disseminate science, technology and art through various research and innovation activities carried out, as a form of implementing the Tri Dharma Perguruan Tinggi (Three Pillars of Higher Education). For the time being, the existence of intellectual property centers at universities can facilitate the management of intellectual property for the academic community. Intellectual Property Centers in Higher Education can foster enthusiasm in producing intellectual works. With the existence of this institutional unit, all academics and even the public will always receive socialization, education in research development and intellectual property-oriented community service.

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