cover
Contact Name
Kukuh Tejomurti
Contact Email
kukuhmurtifhuns@staff.uns.ac.id
Phone
+6281225027920
Journal Mail Official
yustisia@mail.uns.ac.id
Editorial Address
Fakultas Hukum Universitas Sebelas Maret Jalan Ir. Sutami No. 36A, Kentingan, Surakarta Kodepos: 57126
Location
Kota surakarta,
Jawa tengah
INDONESIA
Yustisia
ISSN : 08520941     EISSN : 25490907     DOI : https://doi.org/10.20961/yustisia.v9i3
Core Subject : Social,
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
Inadequate Cryptocurrency and Money Laundering Regulations in Indonesia (Comparative Law of US and Germany) Putri, Tiara; Amiludin, Amiludin; Ahmad, Dwi Nurfauziah; Hidayatulloh, Hidayatulloh
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.v12i2.71835

Abstract

Cryptocurrency as a virtual currency managed by a decentralized system makes it immune to government interference and allows it to transact under pseudonyms. This has the potential for cybercrime and illicit transactions, especially money laundering. This study aims to compare legal instruments in Indonesia, the US, and Germany regarding the use of cryptocurrency as a money laundering tool and to analyze the readiness of Indonesia to respond to this crime. This study is normative legal research conducted using a comparative and statutory approach. These findings show that the US and Germany have extensively regulated crypto. In the US, Crypto transactions are considered MSB, subject to BSA compliance. Each transaction must comply with AML, KYC, and CIP requirements. In Germany, Cryptocurrency is considered a personal asset. The crypto trading must meet the KYC and AML requirements. Indonesia needs advanced regulations because crypto is only considered an investment asset. The investigation is difficult because cryptocurrency is transacted pseudonyms, so connecting pseudonyms with real people is challenging
Fast-Track Legislation: The Transformation of Law-Making Under Joko Widodo’s Administration Huda, Ni’matul; Rishan, Idul; Pratiwi, Dian Kus
Yustisia Vol 13, No 1: April 2024
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v13i1.71061

Abstract

Since the end of 2019, the President and the House of Representatives had performed different legislative functions. Since the Law on the Commission Eradication Commission was amended, legislation had dramatically been transformed.  Several laws have been passed and amended quickly. This study discusses three legal issues. First, the conceptual limitation of fast-track legislation in Indonesia. Second, the rationale behind fast-track legislation under Joko Widodo's administration. Third, the impact of fast-track legislation under Joko Widodo's administration. In this socio-legal study, a qualitative analysis is conducted. This study has identified that (1) fast-track legislation in Indonesia can only be adopted through Perpu with all its exemptions and exceptions; (2) the transformation of law-making under Joko Widodo's administration is associated with political pragmatism, political personalization, the elimination of the opposition, and cartel parties; and (3) the transformation of law-making under Joko Widodo's administration is detrimental to the future of Indonesia's democracy. The transformation has degraded the quality of deliberation in law-making. Besides, it does not adhere to law-making procedures, resulting in elitist and conservative laws.
Evaluating Mandatory Corporate Social Responsibility Disclosure Policies and Sustainability Development Goals Achievement in Indonesia Windari, Ratna Artha; Dewi, Yetty Komalasari
Yustisia Vol 13, No 1: April 2024
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v13i1.81940

Abstract

The enactment of the 2007 Company Law confirms Indonesia’s requirement for mandatory disclosure of Corporate Social Responsibility (CSR). However, there has not been any research specifically examining CSR activities from the report disclosed. Only a few studies have examined the mandatory disclosure of CSR for companies whose core business does not directly include natural resources but whose activities significantly impact the environment. Therefore, this research aimed to evaluate and analyse the mandatory disclosure of CSR through company annual  reports,  taking  a  sample  of  listed  textile  businesses in Indonesia and the correlation with the achievement of Sustainability Development Goals (SDGs). The findings showed that  the  mandatory  disclosure  regulations  in  2007  Company Law and Financial Service Authority Regulation Number 51/ POJK.03/2017 failed to improve optimal CSR implementation by textile companies in Indonesia. Various textile companies focused more on community development while paying little attention to environmental concerns. Additionally, detailed and explicit provisions were lacking in achieving the SDGs target. Reformulation of CSR disclosure policies was necessary to regulate reporting procedures, content, and criteria for environmental aspects of the programs in annual reports while correlating with the targets of the 2030 SDGs policy.
The Francovich Principle as the Basis of State Responsibility for Laborer Loss Due to Company Bankruptcy Widyantoro, Agus; Taufiqurrohman, Moch. Marsa; Nugraha, Xavier
Yustisia Vol 12, No 3: December 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i3.79345

Abstract

The absence of legal certainty in the application of the pari passu pro rata parte principle in the distribution of bankrupt accounts in Indonesia has given rise to uncertainty regarding the protection of the rights of laborers whose employers or companies have faced bankruptcy. This article considers that Indonesia requires a set of formulations enabling the state to provide legal protection for the rights of laborers affected by employer or company bankruptcy. The article explores the feasibility of adopting the Francovich Principle in Indonesia, defining it as a principle holding the state accountable for the losses incurred by laborers due to company bankruptcies.  The  article  concludes  that  several  conditions must be met to apply the Francovich Principle, including the establishment of a guarantee institution, the obligation for financial contributions from companies, and the implementation of specific measures to prevent abuse. The state’s effort to adopt the Francovich Principle involves establishing a priority scale in drafting laws related to the Francovich Principle into the Priority National Legislation Program. Furthermore, the government needs to revitalize institutions related to the Francovich Principle within the national legal and regulatory system
Enhancing Consumer Protection in the Indonesian Financial Service Sector through the Utilization of Standardized Contracts Abubakar, Lastuti; Handayani, Tri
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.v12i2.61271

Abstract

The Financial Services Sector is a pioneer in developing standard contract regulations. This standard contract complements Contract Law that did not initially regulate standard contracts. This study aims to analyze the development of standard contract regulation in the Indonesian financial services sector. It examines aspects that require strengthening so that standard contracts can become a protecting consumer tool in the financial services sector. This study uses a normative juridical approach with a descriptive-analytical research specification. The results show that: 1) The development of standard contract regulations in the POJK on Consumer Protection used by Financial Service Business Actors (PUJK) contains the principles and prohibitions on including exoneration clauses and undue influence. This provision fills the legal vacuum regarding standard contracts that still refer to the freedom of contract principle and Book III of the Civil Code and other related regulations. The use of the standard contracts encourages PUJK to comprehend the importance of consumer protection; 2) OJK should strengthen regulatory aspects by issuing guidelines on standard contract formats and contain correct interpretations of the scope of undue influence and supervise the standards contract both directly and indirectly that have been implemented by PUJK.
Reciprocal Data Portability to Foster Financial Services Competition in the Open Banking System Era Wiwoho, Jamal; Pati, Umi Khaerah; Pratama, Anugrah Muhtarom
Yustisia Vol 13, No 2: August 2024
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v13i2.75786

Abstract

This article analyzes the feasibility of incorporating reciprocal financial data into Indonesia's open banking system by studying its implementation in the United Kingdom and other countries. The methodology employed is conceptual, statutory, and comparative legal, utilizing data gathered from secondary legal sources. The study discovered that reciprocal data finance could be a supplementary measure to enhance data portability rights. This approach enables banks to provide compensation for access to account data, utilizing the concept of "paying by data". Indonesia should contemplate the adoption of data reciprocity alongside the portability rights outlined in Article 13 of the PDP Law. Subsequently, it can be configured inside the SNAP settings. Before proceeding with this development, it is crucial to establish Open banking in Indonesia by effectively balancing the goals of personal data rights and market competition. This circumstance will encourage Bank Indonesia to collaborate with other regulatory bodies, such as competition authorities, data protection regulators, and sector regulators. Despite potential differences in their objectives, this collaboration is necessary as reciprocal data portability initiatives may involve multiple regulatory domains.
Breaking Legal and Socio-economic Challenges to Plastic Waste Regulation in Nigeria: Lessons learned from Singapore Aidonojie, Paul Atagamen; Afolabi, Majekodunmi Toyin; Obieshi, Eregbuonye; Adeyemi-Balogun, Molola Janet; Wakili, Saminu Abacha
Yustisia Vol 13, No 1: April 2024
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v13i1.78388

Abstract

Plastic, a versatile material derived from synthetic compounds, is widely employed globally due to its durability, cost-effectiveness, and ease of production. However, its improper disposal poses significant environmental threats. Despite concerted efforts, the indiscriminate dumping of plastic waste persists in the country's land and water environments. This study aims to comprehensively explore the legal guidelines and socio-economic initiatives relevant to plastic waste regulation, drawing inspiration from Singapore's successful model. Three hundred and ten questionnaires were also distributed among residents of Nigeria to achieve this objective. The data collected underwent thorough analysis, employing both descriptive and analytical methods. In this context, Singapore stands out as an exemplary model for Nigeria to emulate in addressing the challenges posed by plastic waste. Drawing inspiration from Singapore's successful strategies, It is imperative to meticulously regulate every stage, from production to disposal, to ensure environmental sustainability and minimize the detrimental impact of plastic pollution. The study found the need for more legislative measures in Nigeria to combat the pervasive problem of indiscriminate plastic waste disposal effectively. Also, The government should establish irresponsible plastic waste disposal's environmental and health risks and dumping of plastic waste.
Examining the Employment Dimension of Corporate Social Responsibility (Between Global Initiatives and Indonesia Statutory) Santoso, Budi; .Hussein, Safinaz Mohd; Prasasti, Dina Mila; Lestari, Sinta; Syamsudin, Ummu Sulaem
Yustisia Vol 12, No 3: December 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i3.71716

Abstract

This article examines the employment aspects of CSR regulations. Every company needs a reference to verify its CSR activities support economic, social, and environmental development. The government has enacted laws to encourage corporate social responsibility (CSR). Since CSR funds are in the company's income statement, they often conflict with fiduciary duty. The study reveals that business views on CSR's employment dimension have shifted. Initially, CSR managed risk and prevented reputational and financial damages. Labor was considered an expense, not an investment. Many companies now employ CSR as a key value and competitive advantage
The Challenges of Environmental Protection in Outer Space Following Russia’s Anti-Satellite (ASAT) Weapon Test Activities Claudya, Ribqha; Handayani, Irawati
Yustisia Vol 13, No 2: August 2024
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v13i2.83749

Abstract

One of the effects of space activities is the creation of space debris that can endanger either the space environment or the Earth’s environment. In response to concerns regarding a swift escalation in space debris, Russia tested its Anti-Satellite (ASAT) Weapon by deploying the PL-19 Nudol missile against its satellite, Cosmos 1408, generating space debris. This situation certainly raises the question of how to protect the environment in space and whether international environmental law that provides a legal framework for protection in the world can also be applied in outer space. This article offers a new perspective on implementing international law to protect the space environment. This study adopts  normative  juridical  research  methods  by  utilizing  a statute and case approach to analyze the research.  The analysis showed that space debris generated from ASAT Weapon testing activities by Russia is regarded as harmful contamination under Article IX of OST under the interpretation of the term through the method of interpretation regulated in the 1969 VCLT because these activities produce long-lived space debris. Further, Russia violated the principles of environmental protection in space by failing to fulfill the obligations contained in these principles, such as taking precautionary measures and international consultations before carrying out such test activities.
Building Legal Foundation for a Prosperous Indonesia: Insights from MPR-RI Four Pillars Soesatyo, Bambang; Rajagukguk, Kadir Johnson; Wahyudi, Heri
Yustisia Vol 12, No 3: December 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i3.71520

Abstract

Indonesia is a state that openly engages with the opportunities and challenges of global economic liberalization. Several issues arise when international legal interventions clash with the identity, values, and interests of indonesian nation. Therefore, this study aimed to strengthen the national foundation in facing globalization and and ushering in a prosperous era for Indonesia. This doctrinal study was conducted using a conceptual approach, with the perspective regarding the role of law in economic development. It also examined the importance of robust legal foundation to maintain national stability in the midst of global economic changes. The results showed that national legal development was crucial to realizing aspirations for unity, sovereignty, justice, and prosperity. Four pillars of MPR-RI could serve as a guide for every citizen to foster nationalism in the midst of rapid globalization. Furthermore, the spirit of legal foundation in four pillars could guide the formulation of national policies that accommodated global interests without forsaking the identity, values, and interests of indonesian nation. The idea of four pillars was also developed as the basis for the philosophy of national economic legal development. The results were expected to guide all stakeholders in constructing economic law in Indonesia, thereby achieving prosperity for the entire population.