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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 LEGAL POSITION OF LECTURER AT UNIVERSITY WHICH INCORPORATED AS FOUNDATION IN INDONESIA Surya Nita
Yustisia Vol 5, No 3: December 2016
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v5i3.8810

Abstract

The Foundation is Organizing Body of Universities carry out the functions and purposes of workers hired as a lecturer in providing formal educational services to students. Lecturer profession specialized field of work with the principle of upholding the professionalism of legislation, laws, codes of conduct, as well as religious values and ethics. The issue of this article as follows: (1) How does the organization of University carried out by people in Indonesia ?; (2) How does the position of lecturer in University which incorporated as foundation in Indonesia ?; (3) How is the regulation on legal position of lecturer in University which incorporated as foudation in the future?. Juridical empirical research methods in the field of law aims to completely describe the characteristics of certain situation, private or group behavior. The research use sample purposive sampling that is case of lecturer with Foundation in Industrial Court of Yogyakarta and Medan. The research use qualitative descriptive for data analysis to describe legal position of lecturer in University which incorporated as Foundation in Indonesia. Based on result, the management model of University is Private University for university management. The rights and obligation of Private University management rely on the Foundation. Autonomy,accountable, fair and transparent that are regulated on the Law Number 12 of 2012 on Higher Education can not well implemented due to the Foundation as legal body has the rights and obligation that effect any activities of University which incorporated as Foundation in Indonesia. Lecturer, as a professional, is appointed in accordance with regulation in using work relationship based on labor agreement contains the terms of employment rights and obligations of the parties with the principle of equality based on the Law Number 13 of 2003 on Employment. The use of the term mutual agreement is not known in Employment Act. In the future, in order to meet the ground of Pancasila Justice, the legal relationship between the lecturers and the foundation is a relationship based on the principles of Pancasila Justice provides legal protection to the weak position because it ensures the balance of rights and obligations of the parties. 
THE PROTECTION TO CHILDREN OF DUAL CITIZENSHIP IN POSSESSING TITLE ON LAND IN INDONESIA Dian Arianto
Yustisia Vol 6, No 3: December 2017
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v6i3.16786

Abstract

This juridical-normative research aims to identify and analyze the protection of the proprietary rights of children born under mixed marriages over ownership right and ownership right conveyance process for children with dual citizenship. The research results indicated that the legal protection on ownership right proprietary rights of children under mixed marriages can be enjoyed by the children by choosing Indonesian as their citizenship at most 1 year after obtaining such bequest over the land. When the children choose foreign citizenship, then they must pass the ownership rightover the land. The transfer process on the land requires the children to be at least 18 years of age or married and cannot be represented by foreign parents/custodians, and thus a trustee is appointed based on District Court’ ruling.
PERAN SERTA MASYARAKAT DALAM PENGELOLAAN LINGKUNGAN HIDUP MENURUT UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP Lalu - Sabardi
Yustisia Vol 3, No 1: April 2014
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v3i1.10120

Abstract

Abstractcommunity participation in managing environment to be the basic need for all who live physically in an environment changing continually, in the meaning it quality decline continually. Therefore, the community participation to be absolutely important in creating the healthy environemnet. There is a mistaken view on the community participation in managing environement, namely an assumption that the community give information (public information) in the form reconnaisance even their function merely  as public relation to make this activty run smoothly  without barrier. Therefore, the community participation not only as a tool to achieve a goal but also to be the goal itself.Key-words: Participation, community, EnvironmentAbstrakPeran serta masyarakat  dalam pengelolaan lingkungan hidup menjadi kebutuhan dasar semua orang yang secara fisik berada dalam lingkungan kehidupan yang berubah, dalam arti terus menurunnya kualitas lingkungan. Peran serta masyarakat menjadi sesuatu yang mutlak dalam kerangka menciptakan lingkungan hidup yang sehat. Ada kekeliruan mengenai peranserta masyarakat dalam masalah lingkungan, dengan memandang peran serta masyarakat sematamata sebagai penyampaian informasi (public information), penyuluhan, bahkan sekedar alat public relation agar kegiatan tersebut dapat berjalan tanpa hambatan. Karenanya, peran serta masyarakat tidak saja digunakan sebagai sarana untuk mencapai tujuan, tetapi juga digunakan sebagai tujuan (participation is an end itself).Kata Kunci: Peran Serta, Masyarakat, Lingkungan hidup
THE CIRCUMSTANCE THAT NEEDS TO BE CONSIDERED BY JUDGES OF INDUSTRIAL RELATION COURT IN DECIDING REINSTATE DECISION Budi Santoso
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.v7i3.19246

Abstract

The implementation of the Industrial Relations Court verdict in the case of termination disputes which order employers to reinstate workers faces obstacles occasionally. This is caused by the reluctance of employers to comply with the verdict. This article aims to analyze the considered situations that the Industrial Relations Court needs to take into account in declaring a reinstatement decision in the case of termination disputes. Through the use of normative legal research methods with statutory, case, and conceptual approaches, it is concluded that such considerations include: the reinstatement of worker to his/her former job title is not appropriate if the position left by the worker has been filled by another worker; the reinstatement of worker is not appropriately provided if it may cause an unharmonious relationship between employers and workers; the reinstatement of worker is not appropriately provided if it causes prejudice to the worker; the reinstatement of worker is unsuitable if it will have a negative impact on the relationship between the worker and the other workers in the workplace; and/or the reinstatement of worker would be unsuitable if the worker has a confidentiality capacity for the company's secrets because the employer no longer trusts the worker.
KEDUDUKAN HUKUM POSITIF INDONESIA TERHADAP KEBIASAAN MASYARAKAT NELAYAN DALAM KEBIJAKAN BAGI HASIL PERIKANAN DI KECAMATAN MUNCAR KABUPATEN BANYUWANGI Djoko Wahju Winarno; Rahayu Subekti; Rosita Candrakirana
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.v3i3.29276

Abstract

The Act No. 16 year 1964 on Fisheries harvest-sharing regulated the policy of harvest-sharing on fisheries products in order to improve the welfare of the fishermen. However, the regulation seems to not running well, especially in Muncar District Banyuwangi Regency, where the fishermen were not familiar with the regulation and had their own customs on fisheries harvest-sharing which come across generations. This writing was applying the empirical legal study. The instruments were structured field interview towards fishermen, boat owner, and local government officials, which supported by literature review. Analysis was carried out by interactive model. This study found that the national regulation was unrecognized among the local fishermen and the harvest-sharing policy was based on their local customs. The harvest- sharing policy mostly was determined by the boat owner without former agreement. Therefore, the local government should supervise the application of the national regulation on harvest-sharing policy in order to improve the welfare status of the local fishermen. In addition, the ultimate social justice for the community will then be achieved.
GOVERNMENT-OWNED ENTERPRISES (GOEs) IN INDONESIA’S COMPETITION LAW AND PRACTICE Arie Siswanto; Marihot Janpieter Hutajulu
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.v8i1.21740

Abstract

In the competition law discourse, one of the controversial issues is the position of Government-Owned Enterprises (GOEs). There are basically two main views regarding the status of GOEs in the competition law. First, GOEs should be granted privileges, even excluded from the scope of business competition law. Secondly, since GOEs are basically businesses and competitors to private enterprises, GOEs must also be subject to competition law. This paper discusses the status of GOEs in Indonesia’s competition law, both in the context of normative framework and in the implementation of competition law provisions. For this purpose, this paper examine the rules of competition law governing the GOEs and analyze some cases of alleged violations of competition law examined by the KPPU as the Indonesian competition authority. This study found that basically Indonesia’s competition law follows the so-called “competitive neutrality” principle in which the law treat both GOEs and private enterprises in equal manner. However, at the practical domain, the cases studied indicates that monopolistic or dominant position held by GOEs may be abused to favor subsidiaries which are in direct, head to head competition, with private enterprises. 
THE AUTHORITY OF ADMINISTRATIVE COURT IN SETTLING THE DISPUTES OVER ELECTION PROCESS IN INDONESIA Oce Madril
Yustisia Jurnal Hukum Vol 8, No 3: December 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i3.35553

Abstract

Indonesia is a country that provides constitutional guarantees over the principle of popular sovereignty. A manifestation of the principle of popular sovereignty is through the holding of a General Election. To safeguard the implementation of fair and democratic elections, laws and regulations concerning elections are made by the government. One of the principles of fair and democratic elections is the availability of legal mechanisms to resolve election disputes. The Indonesian Election Law already has these rules. One mechanism for resolving election disputes is through state administrative courts. This research focuses on discussing the development of the authority of the State Administrative Court (PTUN) in resolving disputes over the Election process. The PTUN has long been established in Indonesia, but the authority of the PTUN in resolving election disputes is a new authority expressly granted by the post-reform election law. This study also discussing two PTUN decisions. The decisions show how electoral law is applied in the practice, which is sometimes not always the same as what is expected by legislators.
INITIATING A PERMANENT ELECTORAL BODY TO RESOLVE DIGNIFIED ELECTION DISPUTES: ASSESSING THE EFFECTIVENESS OF GAKKUMDU Fitria Esfandiari; Sholahuddin Al Fatih
Yustisia Jurnal Hukum Vol 9, No 3: September - December 2020
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v9i3.44437

Abstract

This study aimed to evaluate ineffectiveness in the process of resolving electoral disputes through Gakkumdu in simultaneous elections in 2019. However, in practice there are difficulties in handling the consequences of criminal norms and technical rules which are not clearly formulated, causing differences of opinion in resolving election disputes. The approach method used by the author with normative juridical approach method (legal Research) through literature study using primary legal data namely Law Number 7 of 2017 on Elections, KPU Regulation and Court Decision related to elections. Secondary data, especially library materials containing information about election dispute problems through Gakkumdu. The collection of legal materials is carried out by tracing the library in the form of information about the evaluation of gakkumdu's role in resolving the dispute of the 2019 Elections and in analysis using the method of descriptive analysis. The results of this study concluded that Gakkumdu which is an organ formed based on the mandate of Law Number 7 of 2017 on Elections, has not worked optimally. It is very vulnerable to overlap of authority between Bawaslu, The Police and the Prosecutor's Office. On the other hand, this organ has the opportunity to reduce the authority and independence of Bawaslu, which has been supervising the elections. The combination of the three institutions organically and substantive has not been able to parse the dispute of the 2019 elections.
ANALYSIS OF INSIDER TRADING PRACTICE RELATING TO LAW PROTECTION EFFORT FOR MINORITY SHAREHOLDERS Yudho Taruno Muryanto; Riezdiani Restu Widyoningrum
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.v7i2.17232

Abstract

This article aims to describe the characteristics of insider trading according to the Act No. 8 of 1995 on Capital Market and the implication with legal effort that can be taken by minority shareholder. The characteristics of insider trading according to the act No 8 of 1995 on Capital Market are in line with fiduciary duty theory principle, there is involvement of insider by the misappropriation trusted. Insider trading has impacts to the other investors, especially to minority shareholder. The difference opportunity to do transaction causes financial disadantages, and for the loss, minority shareholder can doing legal effort, submit their civil lawsuit to the insider trader.
THE USE OF HUMAN RIGHTS INSTRUMENTS TO PROTECT THE VICTIMS OF LAND FIRE IN INDONESIA Achmad Romsan; Akhmad Idris; Mada Apriandi Zuhir; Meria Utama
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.v7i3.24780

Abstract

During the long and dry season, land fire which cause smog haze pollution, is a common phenomenon in Indonesia. Although the practice of slash and burn cultivation has no longer in existence after the promulgation of the 1974 Law No. 5 on the Village Government which abolished the Marga Government. Nevertheless, that tradition remained continued practiced by the workers hired by the big palm plantation companies and industries when they open the land to start their activities. it is very surprising that the above practice has resurfaced in the midst of a long dry season that is happening in Indonesia, especially in South Sumatra. Smog and haze resulting from land fire create health problems for the people in South Sumatra, especially in the area where smog and haze located. There are legal instruments as the foundation to claim the healthy environmental rights, the Indonesian Constitution of 1945, The 1999 Law No. 39 on Human Rights and the 2009 Law No. 32 on the Environmental Protection of and the Environmental Management. Herein, the smog and haze pollution are seen to violate the people’s human rights. Unfortunately, the use of human rights law instruments has never been done in Indonesia. Notwithstanding, many community environmental disputes are brought to the District Court rather than to the Indonesian Commission of Human Rights (KOMNAS HAM) for further study.  As a result, the legal instruments above di not fully protect the victims of environmental pollution. This paper suggests the use of human rights provisions as the basis for prosecution for community environmental-human rights related disputes. For that, a comparative study to the practice of the European Human Rights Court will be of beneficial for Indonesia in protecting the people environmental human rights.  In Indonesia the people’s right to a good and healthy environment is constitutional rights and legal rights for it is protected in the Human Rights Law of 1999 No. 39 and Environmental Law of 2009 No. 32. To that end, the human rights approach to the prosecution of environmental disputes are possible because of environmental pollution disturb the enjoyment of human rights.

Page 32 of 39 | Total Record : 389

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