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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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Should Indonesia Learn from Malaysia and Singapore’s Cross-Border Insolvency Asset Settlements? Wijayanta, Tata; Adistia, Sheva Trisanda; Leonardus, Rado F; Hermawan, B.E
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.v13i1.79773

Abstract

The lack of boundaries between countries characterises the current globalisation. This convenience represents "high risk, high return", with the possibility of greater profits, but there is also a high risk of failure. This risk arises due to unpreparedness to mitigate the consequences of using technology or errors in its application, resulting in bankruptcy and affecting business actors and all assets. In Indonesia, the regulation of the cross-border insolvency mechanism still needs to be clarified, especially for cross-border assets that experienced difficulties in execution. This study examined Malaysia and Singapore's cross-border insolvency asset settlement arrangements as the closest countries to Indonesia. The study shows that Malaysia and Singapore have agreements with other countries formed as a collaborative step for settling bankruptcy cases. Indonesia is required to modify the principle of territorialism, either by forming bilateral or multilateral agreements, even by ratifying the UNCITRAL Cross-Border-Insolvency.
Criminal and Administrative Legal Characteristics of Offenses in The Field of Countering Drug Trafficking: Insights from Ukraine Volobuieva, Olena; Leheza, Yevhen; Pervii, Vita; Plokhuta, Yevhenii; Pichko, Roman
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.v12i3.79443

Abstract

Drug addiction in Ukraine has been showing signs of an epidemic and represents one of the potential threats to Ukraine's national security. This article highlights the regulation of the ratio of criminal and administrative liability as to countering offences in the sphere of trafficking of narcotic drugs, psychotropic substances, their analogues and precursors. The research method is presented as comparative-legal (legislation of Ukraine, Holland, Germany, Italy, Spain, Switzerland, Netherlands, Austria, Portugal and Finland) and systematic analysis. The sanctions for drug crimes provided for in the legislation, countries are divided into three groups, namely hard policy group, strict control group, and liberal group. Summing up the analysis of the legal regulation of the fight against drug crime in different countries, it should be noted that international legal acts govern most countries' legislation. At the same time, the legislation and executive system of punishments of various states in combating drug crimes are specific, due not so much to the country's national characteristics but to the concretely formed criminogenic situation in this area.
The Right to be Heard Prior to Judicial Proceedings: Human Rights and Fair Trial Deficiencies in Indonesian Pre-Trial Processes Erwin Susilo; Mohd. Din; Suhaimi Suhaimi; Teuku Muttaqin Mansur
Yustisia Vol 15, No 1: April 2026
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v15i1.102131

Abstract

The Protection from arbitrary detention is an essential component of a democratic judicial system and a core element of the right to a fair trial. However, in Indonesia, the previous and the newly passed Criminal Procedure Code (KUHAP) do not expressly require detained suspects to be presented before a judge during the pre-trial procedures. This circumstance raises questions about the effectiveness of judicial oversight over coercive methods and the realisation of procedural rights protected under human rights standards. The problem is of particular relevance, as the Indonesian pre-trial process serves a similar purpose to habeas corpus in many countries, which necessitates the detainee’s personal appearance before the court. This article employs normative legal research using statutory, conceptual, and comparative approaches. Comparative analysis is conducted by examining habeas corpus regulations and judicial oversight mechanisms in England, the United States, India, the Philippines, Spain, Portugal, and the Netherlands. The analysis demonstrates that the absence of an obligation to present detained suspects before a judge weakens procedural fairness, limits the suspect’s opportunity to be heard directly, and reduces the effectiveness of judicial supervision over detention. To address these shortcomings, reform of the KUHAP should provide an explicit requirement for the presentation of detained suspects in pretrial hearings and strengthen the active supervisory role of judges as a safeguard against arbitrary deprivation of liberty
Implications of Labeling the Criminal Armed Group in Papua as a Terrorist Organization Milda Istiqomah; Heru Kurniawan; Raras Natasya Anindita
Yustisia Vol 14, No 1: April 2025
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v14i1.93621

Abstract

Conflict and bloodshed continue in Papua, whether by governmental actors or the Criminal Armed Group. The Coordinating Ministry for Politics, Law, and Security declared the KKB in Papua a terrorist organisation in 2021 after classifying it as a separatist organisation. This study aims to look into what it means that the Papuan government called the KKB a "terrorist organisation."  In this article, socio-legal research examines whether labelling the Papuan KKB as a terrorist group is legal and what that means.  It also includes interviews with state security experts and Papua experts.  The study's results showed that labelling the Papuan KKB as a terrorist group could make the security and human rights situation in Papua worse by fostering more violence and separating peace. The government's application of force may prolong the cycle of violence and human rights violations.   The name does not comply with legal standards since it should have been established through a transparent judicial process rather than by the Coordinating Minister for Political, Legal, and Security Affairs.   For sustainable conflict resolution in Papua New Guinea, a technique that incorporates broader participation and is founded on discussion is essential
Legal Framework and Employee Liability in Banking Compliance and Crime Prevention: The Case Analysis of Indonesia Prawitra Thalib; Faizal Kurniawan; Syauqina Maghfirah Salsabila; Mohamad Nur Kholiq
Yustisia Vol 13, No 3: December 2024
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v13i3.93370

Abstract

These banking crimes, such as fictitious credit, are a significant issue in the banking sector. These crimes involve fraud, such as collusion between bank personnel and affected consumers, leading to losses for banks, clients, the public, and the government. This study provides a comprehensive analysis of the legal implications of employee misconduct in banking, particularly in non-performing loans, focusing on prudential banking principles and statutory regulations. This study used a legal research method with a statutory, conceptual, and case approach. The study reveals the role of bank employees in ensuring bank compliance and preventing banking crimes. It highlights the responsibilities of Credit Decision Makers, Credit Analysts/Marketing, and Credit Administration in ensuring compliance with prudential principles. The author suggests that violations of Article 49 paragraph (2) letter a in Indonesia Banking Law should be classified as banking crimes rather than corruption crimes. A proactive approach from all banking elements, including internal audits and government support, is needed to prevent such crimes. The study also concludes that the legal liabilities of bank employees in non-performing loan cases primarily stem from breaches of prudential principles
The Legal Validity of Information Technology Utilization by Judges in Supervising the Execution of Criminal Sentences Rd. Dewi Asri Yustia; Faris Fachrizal Jodi
Yustisia Vol 14, No 3: December 2025
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v14i3.101459

Abstract

The oversight and monitoring of the implementation of criminal sentences represent a vital yet inadequately developed aspect of Indonesia’s criminal justice system, especially in achieving sentencing goals such as rehabilitation, deterrence, and social reintegration. This article is urgent because criminal penalties are getting more complicated, judges have too much work to do, and information and communication technology (ICT) is moving too quickly for the Criminal Procedure Code (KUHAP) to keep up. The study aims to examine the legal obstacles encountered by courts in the oversight of criminal offenders via ICT and to develop a suitable legislative framework that confers binding legal authority to such technology. Utilizing a normative juridical methodology encompassing statutory, conceptual, philosophical, and comparative frameworks, this study examines Indonesian criminal procedural law in conjunction with comparative practices from several jurisdictions. The findings indicate substantial normative deficiencies in KUHAP regarding the utilization of ICT for judicial oversight and monitoring, leading to the constrained efficacy of post-sentencing supervision. The study suggests the explicit integration of ICT-based supervision standards into KUHAP to enhance judicial oversight of sentence implementation. The study enhances the evolution of criminal law by promoting discourse on criminal law policy, especially in reconciling procedural law reform with technological advancements and the changing aims of punishment.
The Digital Age and Human Rights Protection in Indonesia: Legal Framework, Challenges, and Reform Directions Setiyo Utomo
Yustisia Vol 14, No 2: August 2025
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v14i2.85404

Abstract

The digital age in Indonesia has changed social, economic, and legal domains, making human rights protection difficult. The rapid adoption of technology has exacerbated privacy and constitutional concerns due to data leaks, cybercrime, and speech restrictions. Digitalisation's impact on human rights protection and Indonesia's legal framework is examined in this study. The analysis uses conceptual, statutory, and doctrinal legal research. It highlights constitutional provisions, national legislation, the Information and Electronic Transactions and Personal Data Protection Law, and relevant comparative observations. Despite progress in sector-specific legislation, Indonesia's legal system remains fractured and unsuitable for comprehensive protection. Inadequate enforcement, legal uncertainty, public ignorance of digital rights, and digital divide increase vulnerabilities. The study emphasises that privacy, freedom of expression, and secure digital transactions are crucial to human rights in the digital age. It proposes unifying sectoral laws, improving law enforcement, and creating a data protection authority with explicit powers and resources. Multi-stakeholder governance, international collaboration, and digital literacy must be integrated into educational and public awareness programs. In Indonesia's digital revolution, these reforms must ensure that technological advancement supports human rights
Integrating the Indonesian Competition Law and Renewable Energy Policy: Challenges and Strategies Towards Sustainability Anna Maria Tri Anggraini; Ahmad Sabirin; Arif Wicaksana; Sharda Abrianti; Jimi Rambo Arranchado
Yustisia Vol 15, No 1: April 2026
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v15i1.101630

Abstract

The Indonesia's switch to renewable energy is crucial to combating climate change, meeting international decarbonisation goals, and ensuring energy security. However, institutional and regulatory barriers, especially under competition law, hinder renewable energy development. This paper examines whether Indonesia's competition law framework supports renewable energy development and proposes legal reform to balance market regulation and sustainability. The study analyses competition regulation and energy and regulatory development in the EU and China utilising normative legal research methods: statutory, conceptual, and comparison. The results show that Law Number 5 of 1999 still prioritises economic efficiency and market structure over sustainability. Renewable energy investment and innovation are hindered by market entry barriers, restricted infrastructural access, highly concentrated market structures, and state-owned energy businesses. A comparative analysis demonstrates that competition legislation can help energy transition when environmental and sustainability benefits are included. Therefore, this study recommends revising Article 51 of Law Number 5 of 1999, integrating sustainability criteria into competition analysis, providing fair access to energy infrastructure, and harmonising competition, energy, and environmental laws to create a more competitive, innovative, and sustainable renewable energy ecosystem in Indonesia.
Sic Utere Tuo Ut Alienum Non Laedas: State Responsibility and Environmental Obligations in the Context of Climate Change Diah Apriani Atika Sari; Marsudi Triatmodjo; Harry Purwanto
Yustisia Vol 14, No 1: April 2025
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v14i1.93681

Abstract

The principle of Sic utere tuo ut alienum non laedas requires the state to avoid environmental damage and to prevent harmful activity on its territory. UNFCCC laws restrict states from emitting excessive greenhouse gases. Avoiding environmental damage is crucial to protecting against losses and mitigating global warming in the context of climate change. This study aimed to examine of the interplay between the principle of Sic utere tuo ut alienum non laedas, the duty to refrain from environmental degradation, and the responsibility of tackling climate change. The results show that the state caused increasing sea levels, melting glaciers and polar ice, and unpredictable hydrological cycles due to enormous greenhouse gas emissions.  Climate change was less important than the sovereign right to develop and explore natural resources.  International legislative tools like the Climate Change Convention slowed climate change. International law requires environmental protection under sic utere tuo ut alienum non-laedas. Climate change conventions did not accept this principle. In Anglo-Saxon law, sic utere tuo ut alienum non laedas—the principle of no harm—required state accountability for international law infractions and restitution.  The state was held accountable under international law for excessive greenhouse emissions under strict liability.
Comparison of Indonesian and Malaysian Investment Laws Following Omnibus Legislation Sudiyana Sudiyana; Mohd Zamre Mohd Zahir
Yustisia Vol 14, No 1: April 2025
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v14i1.83707

Abstract

Government initiatives like the Omnibus Law encourage investment and job creation. This article examines and evaluates the investment law policy following the Omnibus Law on Job Creation compared to Malaysian legislation.   This normative legal research examines challenges using progressive legal theory and statutory and conceptual approaches.   According to the Omnibus Law Job Creation, the investment law policy starts with legality in risk-based business, offers investment incentives to boost foreign investment, and expands business opportunities while upholding national interest. Employment creation is more progressive under this post-omnibus law. Investment policies harmonize legislation and investment institution coordination.   Indonesia has more centralized laws than Malaysia.   Malaysia's legal investment policy is sectoral.   Each business sector must have a supervisory entity, and all investments must register as Malaysian businesses.

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