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Kukuh Tejomurti
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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 389 Documents
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THE INSURANCE OF LIABILITY AS AN ATTEMPT OF RISK TRANSFERING OVER THE LOSS CAUSED BY NOTARY PULIC AND LAND DEED OFFICIALS Ghansham Anand; Agus Yudha Hernoko; Mokhamad Khoirul Huda
Yustisia Vol 7, No 2: August 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i2.21724

Abstract

This study primarily aimed to identify the type of insurance of liabilities as an attempt of risk transferring over the loss caused by the notary public and land deed officials. The method of this study was juridical-normative. The result showed that the notary public and land deed officials (PPAT) were both public officials authorized to establish an authentic deed due to clients’ requests. Any violation or negligence by Notary public and land deed officials that was out of the track of legal law might lead the clients into a disadvantageous situation. Such violation or negligence made the established deed null and void, void-able, or even turned into an private deed. This brought an effect to the client as the injured party, and thus, they might file a lawsuit in case of suing for compensation, indemnification, and interest through court proceeding.  Therefore, it needed an agency of risk-transfering in the form of insurance. The insurance of professional liability is a product of public insurance taking-over a risk that is supposed to be charged by the Notary Public and Land Deed Officials. The object of this insurance refers to the insurer’s obligation to pay compensation over particular loss the client has suffered and other expenses due to the risk.
THE VALIDITY OF THE COLLUSIVE TENDER IN THE PROCUREMENT OF GOODS AND SERVICES OF BUS TRANSJAKARTA Pte Ltd. (Case Study the Verdict Number: 15/KPPU-I/2014) Bella Rihandita Adella
Yustisia Vol 7, No 3: December 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i3.21596

Abstract

Conspiracy in the tender including auction collusive tenders occuring through a deal between businessmen, between the owner of the work as well as between the two parties. The tender conspiracy case that happened in Indonesia is a case involving the Pte Ltd. Industri Kereta Api (Pte Ltd. INKA) in the procurement of Transjakarta fiscal of 2013. From the results of this research noted that enforcement of the law against the procurement of Transjakarta yet running optimally, where knowing the verdict matter passengers number: 15/KPPU-I/2014 in unfair business competition elements Law number 5 of 1999 can't show anyone others who benefited by Pte Ltd. INKA and profitable, as well as in the By Law 16 of Number 2018 on The President of Government procurement of goods/service stating Pte Ltd. INKA is not proven procurement tenders because collusion Pte Ltd. INKA do not know reasons of Pte Ltd. Mayapada Auto Sempurna resign therefore the Pte Ltd. INKA as winner in the tender Package I repeated Single Bus.
PENDEKATAN RESTORATIVE JUSTICE SEBAGAI UPAYA PENYELESAIAN SCHOOL BULLYING Anis Widyawati
Yustisia Vol 3, No 3: December 2014
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v3i3.29274

Abstract

This research uses Socio Juridical approach by reviewing the pandects prevailing in the society, analyzing the implementation of Restorative Justice in settling and minimizing the cases of School Bullying, acquiring data related to the factors of school bullying, the characteristics of the bullies and the bullying facts, and digging up the efforts to overcome bullying , either for the victims, the witnesses, the school or the parents. This research uses in depth interview, observation and documentation. In depth interview is conducted on a number of respondents, namely the students of SMPN 3 Boja and the teachers on Guidance and Counseling. The result of the research shows that in the teaching and learning process and the extracurricular activities in SMPN 3 Boja, the forms of bullying including direct physical contact such as beating and pushing, direct verbal contact such as the acts of disgracing, name-calling, and mocking, direct non-verbal behaviors by sticking the tongue out, mocking, or threatening which are usually followed by physical or verbal bullying, and indirect nonverbal behaviors such as expelling someone from the group, manipulating friendship, and sending anonymous letter. According to the result of the research, the writer recommends the restorative justice approach as the solution in settling the school bullying in order to make the students be responsible for their actions. This approach should be applied by involving the victims and the relevant parties especially the family and the society to take role in mending the suspected children’s morality so that they will not feel as if they are prisoners who should be expelled from their environment and will have the motivation to improve themselves and not to repeat their mistakes. Lastly, the law upholder should adjust the Law No. 11/2012 on Juvenile Criminal Justice System in settling children as the criminal offenders.
THE CONSEPT AND ITS IMPLEMENTATION OF INDONESIAN LEGISLATIVE ELECTIONS BASED ON THE PANCASILA DEMOCRACY PERSPECTIVE Franciscus Xaverius Wartoyo; Benyamin Tungga
Yustisia Vol 8, No 1: April 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i1.13226

Abstract

Indonesia’s democracy system was built on the basis and the strength of Pancasila, which did not favor the excessive desires of individual negotiations (liberalism) neither absolute state domination, non-liberalism, namely direct and indirect democracy that was once practiced. Those forms have their own weaknesses, but this paper will only highlight the positive side of the open democratic system, sincerely the democratic system of this nation is Pancasila democracy which refers to those two major forces of democracy. The implementation of Pancasila’s democracy in the Legislative Election can be shown in Law Number 7 of 2017 on the General Elections 2019 in Indonesia. The history of the implementation of elections in Indonesia revealed a variety of dynamics indicated by several changes in the constitutional law which were used as the basis for the implementation of elections. The publication of the Election Law is the elaboration of the provisions of Article 22E of the 1945 Indonesian Constitution. This means that the principles of democracy contained within 1945 Constitution of the Republic of Indonesia, must become the main foundations in designing norms in Law Number 7 of 2017 on the General Elections 2019, as happened, it turns out that the parliamentary threshold regulation within the Constitutional Law are ineffective in implementing this democracy.
LEGAL PROTECTION OF LURIK ART CONSERVATION THROUGH INTELLECTUAL PROPERTY RIGHTS 2 IN KLATEN REGENCYLEGAL PROTECTION OF LURIK ART CONSERVATION THROUGH INTELLECTUAL PROPERTY RIGHTS 2 IN KLATEN REGENCY Riska Andi Fitriono; Sarwono Sarwono
Yustisia Vol 8, No 2: August 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i2.20162

Abstract

This article aimed to analyze legal protection of Lurik Art Conservation Through Intellectual Property Rights in Klaten Regency. Klaten is the area that is most concerned with the survival of lurik weaving. There is someone mentioned that the Klaten Regency was the capital of lurik weaving. Because the weaving of Looms are not machines or Alat Tenun Bukan Mesin (hereinafter abbreviated to ATBM) is a mainstay of this city. There are countless villages that become centers of lurik craftsmen. This research is empirical or non-doctrinal research, which is a study that sees the law not only from the perspective of legislation, but also sees the law in its implementation. The results of the study show that the first legal protection in preserving the current lurik art in Klaten, namely the Klaten Regency Government, then stipulates the Regent's Regulation Number 53 of 2010 Article 23 Paragraph (9) on the Daily Batik and Traditional Weaving Lurik Service or ATBM Striated and the Klaten Regent's Decree Number : 065/1014/06 December 30, 2010 on Wearing Traditional Weaving, Motives, Colors and Free Models with Attributes. Furthermore, based on the Decree of the Regent of Klaten Number 050/84 of 2016 on Klaten Regency's Superior Products, batik striated is one of the superior products of Klaten Regency. With the issuance of these rules as an effort to protect and preserve lurik art in Klaten district and referring to Law Number 28 of 2014 on Copyright, it has regulated the forms of protection of lurik art in Klaten through Article 40 paragraph (1). The Second Protection of Intellectual Property Rights Against Lurik Art, namely Protection of lurik artworks, besides being accommodated in Law Number 28 of 2014 on Copyright (Copyright Law) and Trademark Law and other intellectual property right laws. Elucidation of Article 40 paragraph (1) letter j of the Copyright Law. The work is protected because it has artistic value, both in relation to the picture, style, and color composition. The Copyright Act also emphasizes that it is important to protect Copyright because every creator, in this case, the creator of the lurik motif has the right to moral rights and economic rights.
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
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.
VARYING APPLICATION OF MOST-FAVOURED-NATION PRINCIPLE IN INTERNATIONAL INVESTMENT TREATY Robertus Bima Wahyu Mahardika; Emmy Latifah
Yustisia Vol 7, No 2: August 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i2.18542

Abstract

The aim of this study is to provide an academic framing of the philosophical foundation of the Most-favored-nation principle (MFN) in international investment law. The MFN principle is one of the most important principles in international law. In international investment law, MFN principle serves as a mechanism to create conditions in which foreign investors from many countries have equal opportunities to compete fairly in host country. 
FLESHING OUT THE PROVISIONS FOR PROTECTING FOREIGN INVESTMENT Mohammad Belayet Hossain
Yustisia Vol 7, No 3: December 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i3.25334

Abstract

This article aims to analyse the jurisprudence developed by international courts and tribunals with regard to the standard of treatment of foreign investors, with particular focus on issues concerning expropriation. In doing so, it will analyse some of the standard-setting decisions and far-reaching implications of: the Iran-US Claims Tribunals, the International Court of Justice and the ICSID. It will also examine the recent trend in jurisprudence on the so-called regulatory takings of foreign investment. It will explore: (a) how the decisions of international courts and tribunals have ‘fleshed out’ the principles of the law of foreign investment on, inter alia, the definition of expropriation and nationalisation and determination of the quantum of compensation; (b) how the frontiers of expropriation have been extended to cover regulatory takings
THE IMPLICATIONS OF EXPANDING THE AUTHORITY OF THE PRETRIAL POST-VERDICT JUDICIAL REVIEW OF THE CONSTITUTIONAL COURT IN DECIDING WHETHER IT IS A VALID DETERMINATION OF THE SUSPECT AGAINST LAW ENFORCEMENT AND THE PROTECTION OF THE RIGHTS OF THE SUSPECT Seno Wibowo Gumbira; Ratna Nurhayati; Purwaningdyah Murti Wahyuni
Yustisia Vol 7, No 1: April 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i1.19014

Abstract

The purpose of this study is to determine whether there are implications of expanding the authority of the pretrial post-verdict judicial review of Constitutional Court in deciding whether it is a valid determination of the suspect against law enforcement and the protection of the rights of the suspect. This research belongs to normative research. The results of this study explain that the interpretation method used in pretrial decision  No:04/Pid.Prap/2015/PN.Jak.Sel is the method of discovery of analogy interpretation law (argumentum per analogiam) is wrong, while the legal interpretation method used in the judicial review judgment of the Constitutional Court of the Republic of Indonesia Number 21 / PUU-XII / 2014 is the historical interpretation method (historiche intepretatie) the problem namely, the Constitutional Court has exceeded its original function that is negative legislator became positive legislators form or add a new norm. So that raises the problem that is contrary to the principles of the criminal justice system that is the principle of quick and simple and low budget justice and the principle of litis finiri oportet also inhibits the process of law enforcement settlement.

Page 12 of 39 | Total Record : 389

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