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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 5 Documents
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Search results for , issue "Vol 9, No 3: December 2020" : 5 Documents clear
THE CONCEPT OF PENAL MEDIATION FOR DEFAMATION DELICT IN THE INDONESIA ITE LAW AS A MANIFESTATION OF RESTORATIVE JUSTICE Yaris Adhial Fajrin; Ach. Faisol Triwijaya
Yustisia Jurnal Hukum Vol 9, No 3: December 2020
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v9i3.36167

Abstract

The paper aimed to analyze the position of defamation as a complaint delict in the ITE Law and  the chances of applying penal mediation in the settlement of criminal defamation charges in the ITE Law. This research uses a normative legal research with qualitative analysis techniques. The research result shows that defamation in the field of ITE is a complaint delict that the settlement of the case can be done through the Alternative Dispute Resolution (ADR) outside the court through penal mediation mechanism. The settlement of criminal cases through penal mediation has been in line with the direction of the renewal of Indonesian criminal law which is moving towards improving the impact of a criminal act as part of the purpose of criminalization. Penal mediation that promotes the values of consensus deliberation is also in line with the basic values of Pancasila, to encourage peace between the conflicting parties and improve the reputation, self-esteem, and dignity of victims damaged by defamation committed by the perpetrators. The advantages of penal mediation have not been followed by the rule of law of the event that regulates specifically the procedure of penal mediation so that not a few cases of defamation are ultimately decided by criminal sanctions to the perpetrators. Therefore, the mechanism of penal mediation needs to be regulated in the Indonesian Criminal Code in the future, to provide guarantees of a fair and beneficial criminal settlement for all parties, as well as a guarantee of the right to free responsible speech.
IMPLICATIONS OF GOVERNMENT LEGAL SUBJECT STATUS AS ONE OF THE CAUSES OF TAX DISPUTES ON PRODUCTION SHARING CONTRACTS FOR THE OIL AND GAS INDUSTRY IN INDONESIA Mulyo Basuki
Yustisia Jurnal Hukum Vol 9, No 3: December 2020
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v9i3.45129

Abstract

Supreme Court Decision Number 2424/B/PK/Pjk/2020 states that the PSC (Production Sharing Contract) is a Government to Business ("G to B") agreement that applies domestic taxes. Therefore, in tax disputes over Branch Profit Tax (BPT) between a Permanent Establishment Taxpayer (BUT) and the Director-General of Taxes, the Supreme Court's decision uses a 20% domestic tax rate instead of 10% in accordance with the Tax Treaty. This study elaborates how the Government's position in the production sharing contract with the private sector or PE is related to Indonesian and international tax law. The main issues raised are the Government's position as a legal subject in the PSC agreement and the process associated with regulating BPT in international taxation. This is a library study with the juridical-normative approach method. The results showed that the Government acts as a subject of civil law in the PSC agreement. However, in the PSC contract, the relationship between the state and the private sector or PE (BUT) in natural resource management must be carried out using a public relationship by giving concessions or permits full of state control and power. For instance, the Indonesian tax law does not apply when there is a tax treaty. The Taxation Law in Indonesia cannot unilaterally interpret taxes on BPT based on Indonesian domestic provisions.
THE EXISTENCE OF ADAT LAW COMMUNITY IN PUBLIC-PRIVATE PARTNERSHIP Karina Putri; Sartika Intaning Pradhani; Hendry Julian Noor
Yustisia Jurnal Hukum Vol 9, No 3: December 2020
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v9i3.25492

Abstract

This paper aimed to elaborate the participation of Adat Law Community in Public-Private Partnership (PPP) to introduce new approach to replace compensation to more participative and collaborative scheme of infrastructure development in PPP. This article uses the normative legal research with the conceptual, statute, and case approach. This research show that releasing the land used for infrastructure development procurement will abolish the identity of the community. It have shown that failure in recognizing Adat Law Community as rightful party over their land neglects their right to entitle compensation. Furthermore, instead of economically compensating ulayat land of Adat Law Community used for infrastructure development, Adat Law Community’s participation shall be involved in infrastructure development on their land. The active participation of Adat Law Community can be exercised through placing the community as public entity in PPP. For comparison in China, the State does not pay according to market prices to farmers. However, it provides a compensation package that includes employment opportunities for farmers, housing compensation, compensation for crop loss, and / or granting a residence permit in urban areas. This make them eligible for their social welfare such as health insurance, pensions and / or retirement plans, access to high-quality schools and subsidized agricultural goods that were not previously available to farmers
THE ADEQUACY OF THE EVIDENCE IN THE CASE OF EVIL CONSPIRACY OF NARCOTICS CRIMINAL REVIEWED BY EVIDENTIARY THEORY Veronika Sihotang; Widati Wulandari; Erika Magdalena Chandra
Yustisia Jurnal Hukum Vol 9, No 3: December 2020
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v9i3.42640

Abstract

Narcotics crime has been considered as a global crime and big issues in attempt to prevent and also by eradicate it. It's not only happens in Indonesia but also for other countries. Narcotics crime in most cases involves more than one person, who cooperates in narcotics crime. One of the criminal act involve more than one person is a conspiracy of narcotics crime. The involvement in the conspiracy is shown by two or more people agree to do narcotics crime. Admissible evidence in conspiracy of narcotics crime becomes the important issue in some of conspiracy's cases. This study used the method of judicial normative approach to review and examine the primary data such as judge's Decision and the secondary data such as related law. The purpose of this study is to know and understand whether the absence of evidence to support the defendant's denial can be the basis to proof personal's guilt and to understand how the quality of the witness testimony can be the basis of criminal conviction.
CONSTITUTIONAL INTERPRETATION OF ORIGINAL INTENT ON FINDING THE MEANING OF SOCIAL JUSTICE IN THE CONSTITUTIONAL REVIEW Agnes Harvelian; Muchamad Ali Safa'at; Aan Eko Widiarto; Indah Dwi Qurbani
Yustisia Jurnal Hukum Vol 9, No 3: December 2020
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v9i3.42003

Abstract

This article will study whether original intent method able to find justice in constitution and formulate constitutional interpretation that will able to perform constitutional supremacy. This study uses a doctrinal approach or also referred to as the normative legal approach. The method taken in this writing is analysis descriptive which describes and analyses constitutional interpretation with original intent method. Formulating constitution interpretation which answers people dynamic but doesn’t lose its original constitutional intent. This research shows that Constitutional interpretation with original intent method can mean as an interpretation which assimilate the spirit of how the original written constitution was formulated when building UUD 1945, the opinion of constitution’s founders in their understanding on the purpose and the nation’s ground principals. Basically, All the rules must not contradict with constitution’s intention. The freedom of judges to decide is not freedom without limits. The limitations of judges' freedom of interpretation are Pancasila and the 1945 Constitution. Decisions made by judges must not conflict with Pancasila and the 1945 Constitution, constitutional judges have great power in interpreting the 1945 Constitution. This power is vulnerable to various interests which make the decisions of constitutional judges not objective. Accountability of decisions in public and academics should be a legal idea that can be realized, not to judge the verdict but to know the basis of interpretation and or legal discovery by constitutional judges

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