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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 293 Documents
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The Recent Crisis of the WTO Appellate Body: Is the WTO’s Reform a Solution? Annisa, Intan Baretta Nur
Yustisia Vol 11, No 3: December 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i3.68070

Abstract

At the end of 2019, the international society was surprised by the cessation of the Dispute Settlement Body of the World Trade Organization (WTO) since the United States (US) blocked the election of the new judge of the Appellate Body (AB). This study examined the superiority and drawbacks of the implementation and capacity of the WTO dispute settlement body (DSB) to maintain the trading system among the state members. This paper finds that the WTO DSB plays a crucial role in the panel report’s acceptance. WTO also continues to develop and is characterized by a strict interpretation of the WTO treaties. Nevertheless, provisions were criticized, which made their implementation inefficient, such as retaliation, the lack of transparency, the restriction of amicus curiae briefs, the procedure of concession suspension, and the deficiency in the enforcement of the report by the injured party. The crisis that happened to the AB could trigger countries to revise the mistakes in the WTO whole system. This situation presents a chance to resolve issues about the output quality and institutional mandate observance of the WTO tribunals. Overall, the ideal option for member states is to continue incurring the costs of loss, develop a consensus, earn global benefits to keep the trading system running and support the WTO through active participation.
The Legality of Israel’s Self-Defense Claim of the Strikes on Hamas Erlangga, Vania Lutfi Safira; Sefriani, Sefriani
Yustisia Vol 11, No 3: December 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i3.61262

Abstract

The attacks by Israel against Palestine, which took place from 10th to 12th May in the Gaza Strip caused massive losses of civilians. Israel claims that the strikes are forms of self-defense in response to previous attacks by Hamas. This study has two objectives: (1) to analyze the arrangements of self-defense in international law and (2) to find out the legality of Israel’s self-defense claim of the strikes on Hamas on May 10-12, 2021. The study was a juridical-normative legal study with a conceptual, historical, and statutory approaches. The results of the study reveal that (1) self-defense is customary international law contains in Article 51 of the United Nations Charter; (2) Israel’s self-defense claim is invalid since it does not comply with Article 51 of the United Nations Charter and elements contained in International Customary Law, such as necessary, proportionality, immediacy, and imminence.
Leadership Challenges in Democratization: An Analysis of Independent National Electoral Commission of Nigeria Shafiu, Awwal Muhammad; Umar, Abdullahi; Manaf, Halimah Abdul
Yustisia Vol 12, No 1: April 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i1.73146

Abstract

This study discusses Electoral Management Bodies (EMBs) leadership challenges utilizing INEC's environment. INEC leadership underperformance compelled the study. The study aimed to identify INEC leaders' 1999–2019 difficulties. The study used in-depth interview data. Nine commission leaders with extensive expertise were interviewed. The analysis shows that INEC's leadership system hinders its mandate. Inadequate manpower, political elites' manipulation, inadequate training, ad-hoc staff problems, inadequate funding, lack of technological know-how, financial autonomy, standard operating system, poor electorate cooperation, and political interference have hampered INEC's democratic election organization in Nigeria. The INEC should have complete independence, embrace innovations, reforms, sensitization programs, adequate funding, more permanent staff, improved voting machines, and training and retraining to help Nigeria hold credible elections. These obstacles help INEC leadership establish itself in the electoral system to foster democratic growth, maturity, and consolidation
Is It Legal to Provide Liquidity on the Vexanium Decentralized Exchange in Indonesia? Multazam, Mochammad Tanzil; Huzairin, Regita Amanah; Pratama, Sandika Putra; Irwansyah, Irwansyah
Yustisia Vol 12, No 1: April 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i1.69007

Abstract

One of the platforms in the blockchain is a decentralized exchange. The existence of these platforms helps exchange crypto assets instantly in the blockchain ecosystem without having to exchange them at a central exchange. The liquidity guarantors of decentralized exchanges are liquidity providers. This study aims to assess liquidity providers' legal safety on Vexanium, Indonesia's first public blockchain. The normative method employed in this analysis of the laws and regulations related to blockchain in Indonesia involves a preliminary examination of the liquidity provision process. This study found that the decentralized exchange platform on the Vexanium blockchain still needs to meet the criteria as an electronic system following the laws and regulations. In addition, the absence of clear information about the parties in the platform makes the liquidity provision contract voidable. This research can be utilized for platform developers in the Vexanium blockchain to pay more attention to legal aspects in creating their platforms..
A Look at the Crimean Declaration of Independence through the Lens of International Law Odityo, Hikmah Bima
Yustisia Vol 12, No 1: April 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i1.73395

Abstract

It has been argued that the government officials in Kyiv are attempting to retake Crimea and restore sovereignty over the region. It is appealing since the issue of Crimea remains unsettled. In 2014, the Crimean parliament promulgated the Declaration of Independence and imminently voted for a referendum to accede to the Russian Federation. Similar cases also occurred in Donetsk, Luhansk, Zaporizhzhia, and Kherson in 2022. This article will examine Crimean rights to self-determination to assess whether such acts comply with international law. Furthermore, this article will mainly focus on Crimean’s declaration of independence and its referendum to determine the status and impact of such acts. It can be seen that Crimea, as de facto is part of Russia. However, as de jure, the territory might belong to Ukraine. Considering that they have voted for independence, both the Crimean people and Ukraine authorities can further negotiate a new legal status to accommodate their rights.
Could Artificial Intelligence be the Subject of Criminal Law? Mahardhika, Vita; Astuti, Pudji; Mustaffa, Aminuddin
Yustisia Vol 12, No 1: April 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i1.56065

Abstract

The  use  of  artificial  intelligence  can  increase  productivity  and efficiency in various sectors of life. However, it can also potentially cause legal problems especially criminal law if they result in losses. The subject of law in determining who should be responsible is a separate issue. This research examines whether technology using artificial intelligence can be used as the subject of criminal law so that criminal responsibility can be held. This research is normative juridical research with a statutory, conceptual approach and cases related to artificial intelligence and criminal law issues. The study shows that the ability to analyze and make decisions possesed by artificial intelligence can be indicated as "malicious intent".  Yet, the  concept  of  punishment  for  the  artificial intelligence system  requires  a  unique  formula,  as  the  personality  of  artificial intelligence cannot be equated with the personality of a human or  legal  entity.  The  granting  of  legal  status  through  a  criminal sanction  mechanism  in  the  form  of  machine  deactivation, reprogramming, and the severity of destroying machines is expected to provide future solutions to minimize the risk of criminal acts by artificial intelligence.
Judiciary Problems in Mature Democratic Countries: American and French Perspectives Kwasau, Muhammad Aminu; Maina, Salma Abdurrahman; Shafiu, Raziqa Muhammad; Shafiu, Mariyah Muhammad
Yustisia Vol 12, No 1: April 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i1.69404

Abstract

Even when all other safeguards fail, a judiciary of unquestionable integrity is the cornerstone institution necessary for guaranteeing adherence to democracy and the rule of law. It protects the public from any violations of their legal rights and freedoms.This observation applies to both global analyses of the judicial system and rule of law process in America and France, in particular. The judiciary and legal adjudication process were viewed and examined as a great bastion of the rule of law throughout the United States of America and France as one of the great countries that are characterized as mature democracies in this paper, which relied on the qualitative method of data collection. The study discovered that, in contrast to France, which has a centralized legal system, the United States has two distinct judicial systems (federal and state).
Eliminating the Gap of Labor and Social Protection for the Workers of Platform-Based Transportation Silaban, Rekson; Ghafur, Hanief Saha; Widiawaty, Dyah; Basir, Basir
Yustisia Vol 12, No 2: August 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i2.69344

Abstract

This study aims to examines online transport business practices in Indonesia and assesses whether workers get decent labor protection. The study tries to provide the answer to the unresolved debate about what form of regulation to close the protection for platform work. The method used a descriptive-qualitative research design with the study case paradigm notably in online transportation sectors. Research data was obtained through in-depth semi-structured interviews with drivers from different apps in Jakarta, the Indonesia Capital City. The study found that the improvement of employment protection for workers can only be done by first clarifying the legal status of workers, and determining the form of employment protection that is suitable for them, which is made through a special regulation. The study proposes a way out by providing options based on selected countries experiences of different continents on how the platform should protected without hurting platform business.
The Form and Pattern of Business Actors Requirements in Exclusive Dealing: A Rule of Reason Approach Tri Anggraini, Anna Maria; Sabirin, Ahmad; Rumahorbo, Yoel Nixon A
Yustisia Vol 12, No 2: August 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i2.73316

Abstract

Tying is usually defined as the dominant company selling one product since the buyer must also purchase a different product or agree not to purchase the bonded product from other suppliers. This paper analyzes requirements imposed by the reported business actor on other parties deemed to have violated the tying and bundling under competition law in Indonesia, the U.S., and the European Union. Also, it discusses the application of the Rule of Reason by the competition commission in these three region. This study uses a comparative law approach. The results of the analysis show that a tying agreement is an agreement that requires the recipient of the supply to buy other products that are not necessarily needed. Usually, these agreements are entered into by two affiliated companies or at least cooperating partners, one of which occupies a dominant position to prevent competitors from entering the relevant market. Not all tying agreements have a negative impact. Therefore, an impact analysis is needed through a rule of reason approach, especially in digital-based industries.
A Circular Economy-Based Plastic Waste Management Policy in Indonesia (Compared to China and EU) Subekti, Rahayu
Yustisia Vol 12, No 2: August 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i2.72177

Abstract

Indonesia is a significant plastic waste producer and has more responsibility. In response, the Indonesian government has released several plastic garbage-related policies. However, the policies are viewed as ineffective. Through the circular economy concept, this study examines potential waste management policies for sustainable development by examining existing policies and comparing China's and the European Union's policies. The study shows that Indonesian waste management is highly dependent on the government. The policy affecting many sectors should require synergic participation from the related stakeholders, namely employers, investors, academicians, and civil society. As learned from these two countries, they have regulations related to an integrated waste management system, so there are no overlapping regulations. Furthermore, Indonesian waste management should consider the availability of a market for environmentally friendly items

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