Yustisia
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.
Articles
389 Documents
<![CDATA[THE INTERNATIONALIZATION OF THE INTERNATIONAL CONTRACT ACCORDING TO INTERNATIONAL THEORIES AND CONVENTIONS ]]>
<![CDATA[Emad Mohammed Al-Amaren]]>
<![CDATA[ Yustisia Vol 7, No 3: December 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v7i3.26196
<![CDATA[The contract generally means the consent of two wills to make a particular legal effect of giving or doing work or abstaining from work in return for material or in-kind compensation. As for the commercial nature of the contract, in the Jordanian civil law, the contract is considered commercial if it is included in the business stipulated in Article 6 of the Jordanian Trade Law. A contract is commercial if its subject matter is one of the acts provided for in article 6 of the Trade Law, as is the case with the purchase of movables for the purpose of selling them, and the agency commission and brokerage. On the international level, the commercial character of the contract comes closest to the extent to which the contract relates to international trade as the export or import of goods that regulate the movement of goods across the borders of one State. After the good study of the subject, we find that there are a number of questions or problems that accompany the determination of the internationality of the contract, including the extant of adequacy of the personal internationality, in addition to, whether the introduction of the purely national relationship to the jurisdiction of the foreign country lead to the internationalization of the relationship. The study will deal with international standards of the contract in different international theories and conventions. I will discuss the legal and economic standard in section I, the mixed standard in section II and the standards of the internationality of the contract in accordance to international conventions, especially the Vienna Conventions, The Hague Convention, the Rome Convention and the International Convention on International Arbitration in Section III.]]>
<![CDATA[MENGGAGAS INDONESIA SEBAGAI NEGARA HUKUM YANG MEMBAHAGIAKAN RAKYATNYA ]]>
<![CDATA[Achmad Irwan Hamzani]]>
<![CDATA[ Yustisia Jurnal Hukum Vol 3, No 3: SEPTEMBER-DECEMBER ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v3i3.29562
<![CDATA[The development of the concept of state law is a product of history. Formulation of understanding continues to evolve to follow the historical development of society in the state, although in practice the discussion refers to the concept of the modern state of the mainstream since the 19th century; Continental European Rechtstaats concept, and Anglo-Saxon with the concept of Rule of Law. Each country has its own style. The concept of state law in one country can not be forced into other countries. Indonesia has the Pancasila ideology that by applying them consistently, so it can become law states that happy people.]]>
<![CDATA[LEGAL PROTECTION AGAINST THE FAILURE TO COMPENSATE ON INTERNATIONAL INVESTMENT DISPUTE ]]>
<![CDATA[Vunieta .]]>;
<![CDATA[Walida Ahsana Haque]]>
<![CDATA[ Yustisia Jurnal Hukum Vol 8, No 2: August 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v8i2.28490
<![CDATA[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.]]>
<![CDATA[IMPLEMENTATION OF LAW NUMBER 6 OF 2014 ON VILLAGES RELATED TO THE POLITICAL PARTICIPATION OF WOMEN IN VILLAGE REGULATION IN INDONESIA ]]>
<![CDATA[Ani Purwanti]]>;
<![CDATA[Fajar Ahmad Setiawan]]>
<![CDATA[ Yustisia Jurnal Hukum Vol 9, No 1: April 2020 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v9i1.35673
<![CDATA[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.]]>
<![CDATA[ROHINGA STATELESS PERSONS: ROLE OF UNHCR IN REFUGEE PROTECTION AND LACK OF ADEQUATE LEGAL PROTECTION IN INDONESIA ]]>
<![CDATA[Sutiarnoto Sutiarnoto]]>;
<![CDATA[Jelly Leviza]]>;
<![CDATA[Saiful Azam]]>
<![CDATA[ Yustisia Jurnal Hukum Vol 9, No 2: August 2020 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v9i2.43196
<![CDATA[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]]>
<![CDATA[THE CONSEQUENCES OF SUPERVISORY LAW ON THE REGIONAL REGULATIONS WITH LOCAL CHARACTERISTICS ]]>
<![CDATA[Victor Juzuf Sedubun]]>
<![CDATA[ Yustisia Vol 7, No 2: August 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v7i2.21594
<![CDATA[The present study investigates the consequences of supervisory law on the regional regulations with local characteristics. The study is normative with regards to the commandment and conceptual approaches. The consequences of supervisory law on the regional regulations with local characteristics, according to Article Number 251 verse 1 and 2, are dismissed (‘vernietigbaar’). ‘Vernietigbaar’ is ‘ex nunc’ that means ‘since the moment’. As a consequence of the law, the dismissal of regional regulations is valid until it is issued by the regional government. Due to the existing supervisory law performed by the Supreme Court, the judge declares the regional regulations ‘invalid’ since they are lack of powerful relevant laws. The Regional Government took a legal action on the issue of dismissed regional regulations by submitting an objection to the Supreme Court.]]>
<![CDATA[MODEL PENANGGULANGAN CARDING ]]>
<![CDATA[Rofikah .]]>
<![CDATA[ Yustisia Jurnal Hukum Vol 3, No 3: SEPTEMBER-DECEMBER ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v3i3.29552
<![CDATA[This study issue was the credit card crime (carding) in Indonesia conductedin Bank Indonesia and Indonesian National Police Headquarters. Carding is international cyber crime causing society restively particularly the credit card users, due to the computer technology of carding beyond the national boundary. The coordinated, inter-state cooperation and understanding of science and mastery of computer and related products are mandatory to the necessity of facing the cyber crime carding. The primary data obtained by direct interviews with the police (Police Headquarters) and Bank Indonesia meanwhile the secondary data attained from books, magazines, internet and research. This study indicated that the handling of carding preventively conducted by the Police in coordination with Bank Indonesia to supervised/ restricted the circulation / issuance of credit cards, issuing red book on carding prevention guideline and actively informed the banking about carding issues. Meanwhile, Bank Indonesia are obliged to form theregulation draftin credit cards utilization Carding.countermeasuresreperesively performed using mediation between the bank that issued the credit card, the credit card holder and carding actors with Bank Indonesia as the mediator. If mediation did not reach an agreement, the cases would be handed over to the police, treated as a crime in general.]]>
<![CDATA[COMMERCIAL SEXUAL EXPLOITATION OF CHILDREN: AN EFFORT OF HANDLING AND LEGAL PROTECTION ]]>
<![CDATA[Devi Rahayu]]>;
<![CDATA[Syamsul Fatoni]]>
<![CDATA[ Yustisia Jurnal Hukum Vol 8, No 2: August 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v8i2.25246
<![CDATA[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. ]]>
<![CDATA[BAPETEN SUPERVISORY AUTHORITY IN THE PROCEDURE OF TRANSPORTATION OF RADIOACTIVE SUBSTANCE THROUGH THE SEA ]]>
<![CDATA[Shinta Hadiyantina]]>;
<![CDATA[Dewi Cahyandari]]>;
<![CDATA[Dhiana Puspitawati]]>
<![CDATA[ Yustisia Jurnal Hukum Vol 8, No 3: December 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v8i3.34678
<![CDATA[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.]]>
<![CDATA[ASSESSING THE INDONESIAN CONSTITUTIONAL COURT CONSISTENCY IN DETERMINING ITS AUTHORITY TO SETTLE DISPUTE ON REGIONAL HEAD ELECTION ]]>
<![CDATA[Andy Omara]]>
<![CDATA[ Yustisia Jurnal Hukum Vol 9, No 2: August 2020 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v9i2.40906
<![CDATA[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. ]]>
