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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 ROLE OF SUPERVISORY JUDGE IN THE BANKRUPTCY OF FOUNDATION Bambang Sugeng Rukmono
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.v8i1.28000

Abstract

This article aims to find out how is the role of judges in overseeing the supervisory curator during the liquidation of the Foundation assets which is experiencing bankruptcy, as mandated in The Act No. 28 of 2004 about The Changes of Act no. 16 of 2001 about the Foundation and Act No. 37 of 2004 about Bankruptcy and Suspension of Payments of Debt. This Legal research is doctrinal and perspective. Source of the legal materials are used in the form of primary and secondary legal materials. The technique used in collecting the legal materials is study of librarianship. The technique used is analysis and interpretation of syllogism by using deductive thinking pattern. The results of the research and study produce a conclusion that these forms of control can be exercised by Supervisory Judge in supervising liquidation process while the curator of Foundation who has experienced bankruptcy is to provide licensing, approval, awarding, and proposal to curators in conducting the management and liquidation of bankrupt assets of foundation. Additional supervision conducted by Supervisory Judge is reporting responsibility of curator against the Builder ofthe Foundation regarding to the results of process of liquidation of Foundation’sassets which suffered bankruptcy. In addition, Supervisory Judge also examine the results of liquidation which is performed by curator over the clearing of the foundation’s assetswhich is experiencing bankruptcy.
COMPARATIVE STUDY OF IMPLICATION FOR IMPLEMENTING COPYRIGHT LAW AND BOOK LAW IN THE LIBRARY COLLECTION SERVICE Mohamad Pandu Ristiyono; Ratna Nurhayati
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.v8i2.32522

Abstract

This article examines the implication of Copyright Law and Book Law implementation of the service in the library. The research method used is normative juridical legal. Thecorrelation between the Book Law, Law on Handover of Print and Recorded Worksand the Library Law, both are lex specialist derogate generalist of the CopyrightLaw or not, according to the author is the adoption or depiction of the fair use andfair dealing doctrine as which is the social function of copyright. The CopyrightLaw provides protection for Author and Copyright Holder with exclusive rights tobe exploited. Related to the Law on Handover of Print and Record Works whichgives the obligation of the Author or Copyright Holder to deposit their work for thepurpose of preservation and other social purposes to the library which is regulatedin the Library Law
MOTIVES OF CRIMINAL ACTS OF CORRUPTION IN INDONESIA I Ketut Seregig
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.v7i2.21834

Abstract

The data presented in this study are legal facts that come from informants who are directly involved in the investigation of corruption crime at Lampung Provincial Health Office, conducted by the High Prosecutor Attorney Lampung as well as the Prosecutor and the decision of the Panel of Judges who tried the case of corruption of Ambulance procurement project, Mobile Hospital support unit, 4 WD Ambulance sourced from APBD Lampung Province in 2013 worth of IDR 7,600,000,000.00 (seven billion six hundred million rupiah). The result of research is that corruption crime in Indonesia is done by more than one perpetrator, which is divided in two variables that support each other that is between leader and subordinate. This variable is consistent with the conclusion of Lambsdorff's research which states "there is a strong relationship between the head and subordinate in a corruption act called 'corrupt head' and 'corrupt subordinate'. Lambsdorff research results are used as a knife analysis in exploring the factors that strongly influence the occurrence of corruption in Indonesia (International Journal Elsevier, 2016). When examined from the sociological aspect, about the criminal acts of corruption that occur in Indonesia, it turns out that the perpetrators of corruption in performing acts are not alone, but more than one person, divided into 2 (two) groups, namely the superior group as the holder of power / authority and subordinate group as the executor of the activity. In this study it is found that the factors that encourage perpetrators to commit criminal acts of corruption is the existence of sociological factors, among others; factor of proximity / trust between superiors and subordinates, feelings of indebtedness of subordinates, because they have been promoted to good positions. 
DEADLINE SETTLEMENT OF PETITION FOR DECLARATION OF BANKRUPTCY BEFORE THE COMMERCIAL COURT AND THE LEGAL CONSEQUENCES ACCORDING TO LAW NUMBER 37 OF 2004 ON BANKRUPTCY AND SUSPENSION OF DEBT PAYMENT OBLIGATIONS Tata Wijayanta
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.v7i3.15282

Abstract

This study aimed to identify and analyze (1) the regulation regarding the deadline for applications of bankruptcy, (2) the practice of the deadline regulation, and (3) the legal consequences when they do not heed the deadline. This research is a normative legal research supported by interviews with informants. The data were collected through documentation method with document study tool, while the data from the informants were collected through interviews by using interview manual tool. The secondary data were analyzed by content analysis with statute approach, while the analysis of the interview data was conducted through a qualitative analysis. The results and discussion show that the Bankruptcy and PKPU Act applies because the previous bankruptcy regulation was not effective because it did not regulate the deadline for settling bankruptcy, so that it’s  a long period of time. The regulation of deadline for bankruptcy settlement in 2015 was largely complied with the provisions of law. 87% of the verdicts (14 out of 16 verdicts) were made within less than 60 days, while 13% (2 verdicts) were made beyond the time period specified by law. The Bankruptcy and PKPU Act does not regulate any legal sanctions/effects in relation to the deadline for judges who handle bankruptcy petitions, however, the common sanctioning relates to the assessment of the judges’ performance.
FILOSOFI PENGAKUAN DAN PENGHORMATAN NEGARA TERHAdAP MASYARAKAT HUKUM ADAT dI INdONESIA Sulastriyono .Sulastriyono
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.v3i3.29556

Abstract

Research on recognition and respect by the state to adat law community in this research as a library research. This research aims to find out and analyze about: (1) the philosophical reason of State of the Republic of Indonesia acknowledging and respecting adat law community; (2) a form of Indonesian state recognition and respect to adat law community in a variety of sectoral legislation; and (3) thinking model of recognition and honor of the Republic of Indonesia to the adat law community in Indonesia.Data collecting in this study include searches of various materials library by reading and critizising the legislations, books, journals, researchs, thesis, magazines, t are closely related to the research problem. Data from the result of library research be analysized through the process of simplification of the data so that it was easily read and interpreted.Research and discussion showed that the philosophical reasons for recognition of the Republic of Indonesia to recognize and respect the adat law community, namely Indonesian country with adat law community has a very close relationship and cannot be separated. Adat law community already exists before Indonesia’s independence. After Indonesia’s independence, adat law community is inseparable with the unitary State of the Republic of Indonesia. Adat law community is an absolute requirement of a country so that the State must recognize and honor the existence of adat law community in accordance with the goals of the State and the values of Pancasila (second Sila, third, fourth, and fifth Sila Pancasila) is stated in the preamble of Indonesia constitution of 1945. Form of State recognition and respect to adat law community in a variety of sectoral legislation there is respect for and recognition using model not by statements from adat law community but with the statement expressly by the State through a strictly layered and restrictions. In its development model recognition and observance remains with statements from countries with restrictions but loosely. Ideally, recognition and honor model by the state to the adat law community in Indonesia is by the Country Statement and loosely on the adat law community is already through the endorsement of the District or Province Gouvernment. The another model of State recognition and respect to adat law community be done carefully through the process of research and verification involving Adat law community, Government and academia.
THE INTERPLAY BETWEEN PERFORMANCE BONDS AND THE PRINCIPLE OF INDEPENDENCE OF THE BANK'S COMMITMENT IN JORDAN Emad Mohammed Al-Amaren; Che Thalbi Bt Md. Ismail; Mohd Zakhiri bin Md. Nor
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.v8i2.33700

Abstract

As the wide range of international trade out-turn and diversity of the parties, causing banks have to create a new credit service, that is bank guarantees, to enhance the trust between the parties.  By providing the security and ease, the beneficiary will obtain a certain amount of money from the bank and being independent from the other party. While the committed party provides insurance to the beneficiary as a guarantee for the implementation or good performance in accordance with agreed terms, in this situation,  performance bonds are crucial to be considered as this tool has the principle of independence regarding the bank’s commitment, as such, could clarify one party obligation to provide money, services or goods to another party. Taking performance bonds as solution whereby accompanied the Guaranty (Al Kafala) and subordination imposed by the legal system,  the lacunae of  legal rules which govern performance bonds has created difficulties and may lead Judges to create the new relevant law. This article is aimed at studying how the Jordanian Judiciary deals with performance bonds, since there is no previous legal rules governing such bank contract.
UNDERSTANDING THE PUBLIC INTEREST IN DEVELOPMENT NYIA (New Yogyakarta International Airport): AN ECONOMIC ANALYSIS AND LEGAL APPROACH Muhammad Fikri Alan
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.v8i3.38230

Abstract

This paper seeks to use economic and law approaches in looking at the problems that occur over the construction of New Yogyakarta International Airport (NYIA). According to the legal approach that is often done, it has not given a clear meaning of what the phrase "public interest" is. In fact, the meaning of this phrase becomes very important, considering that this is used as the basis by the state in seizing the right to land owned by people, which is then used for the construction of the airport. For the economic approach method, it is expected to be able to complete the approach, by analyzing whether the current development process can benefit the country economically or not. Thus, the use of economic approaches, in this case is the NYIA's development policy, in fact, can be ambiguous. On the one hand it can be a justification for the state to continue the development process. On the other hand, it can be a justification for the people who until now continue to expect the development of the NYIA to be halted.
THE IMPLEMENTATION OF RELIGIOUS PLURALISM VALUES OF ISLAMIC LAW ON ARTICLE 156A OF THE CRIMINAL CODE Rossa Ilma Silfiah
Yustisia Jurnal Hukum Vol 9, No 2: August 2020
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v9i2.43099

Abstract

Religious freedom in Indonesia is based on the abundant presence of Godliness that is the religious values embraced in Indonesia. The religions are Islam, Christianity, Catholicism, Hinduism, Buddhism and Confucianism mentioned in the Presidential Decree No. 1 of 1965 on the defamation/blasphemy, and stipulation of Article 156a to become a part of Article 156 Criminal Code. The essence of the blasphemy law is to realize a harmonious religious life. This is in line with the Islamic law that is universal and dynamic. Islam does not deny the diversity of the universe, diversity of knowledge, diversity of tribes and cultures, and diversity of religions and beliefs. Because the messenger of the Prophet was to improve the morality of his followers by carrying the value of Rahmatan lil-aalamiin (a blessing for the universe). In this study, the values of Islamic law implicit in Article 156a of the Criminal Code were examined by applying a normative method as well as religious text approach as a framework for argumentation. In addition to applying a policy-oriented approach, this research also applied a value-oriented approach. Because the position of Islamic law is one source of material law as well as very relevant to the pluralistic style of Indonesian society.
LEGAL EFFORTS OF TAX MANDATORY OBJECTIVES ON TAX PROVISIONS (Study in the Regional Office of General Directorate of Taxation of South Jakarta I) Andri Prasetyo Sumbaga; Paisal Halim; Syamsiah Badruddin; Saifullah Bombang; Hardianto Djanggih
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.v7i3.22188

Abstract

The focus of this study is on the resolution of objections raised by Taxpayers in the Regional Office of DGT South Jakarta I. The theory used in this study refers to the opinion of Adam Smith in his book Wealth of Nations which states that a good tax collection must fulfill equity and equality requirements, certainty , convenience of payment, and efficiency. This study uses a naturalistic and interpretive qualitative approach that focuses on the process of resolving taxpayers' objections to a tax assessment as a legal effort. Data collection is done through interviews and direct observation on the object of research. The results of interviews and observations prove that the resolution of the objections to the South Jakarta I DGT Regional Office has been carried out in accordance with the provisions of the applicable tax regulations. This was also reinforced by statements made by Taxpayers who filed objections to the Regional Office of DGT South Jakarta I. The settlement of objections was also carried out to fulfill the rights and justice of the Taxpayers even though the decisions issued differed from the wishes of the Taxpayer. Settlement of objections seen from the rhythm of the work is considered effective, but when viewed from the time of completion, there are several applications that can be completed near the deadline. This is due to the large number of application files for reduction or elimination of administrative sanctions that enter, thus affecting the time to settle complaints.
POLITIK HUKUM PERBANKAN dI INdONESIA PAdA ERA GLOBAL Dewi Nurul Musjtari
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.v3i3.29546

Abstract

The purpose of writing this article is to know the politics of banking law in Indonesia after the entry intoforce of Islamic Banking Act and determine the political direction of the law to resolve problems thatarise in the practice of banking in Indonesia in the global era. This article uses literature study on legalproducts namely Regulatory associated with banking and Islamic banking. This article is based on apolitical perspective. Formulation is based on written materials such as Banking Law and Islamic banking,the Constitutional Court’s decision, scientific papers relevant to the issues and the results of interviews.To obtain the data carried on the product literature study of legislation, decrees and interview. Existinglegal materials, then analyzed in legal political perspective with qualitative descriptive method. The resultis political banking law in Indonesia after the enactment of Law No. 21 Th. 2008 and the ConstitutionalCourt Decision No.93/PUU-X/2012, the absolute competence dispute resolution Islamic banking in thereligious court. Legal politics can solve problems that arise in the practice of banking in Indonesia, withthe availability of judicial review mechanisms and constitutional review. Judicial institutions in question,namely the establishment of the Constitutional Court as the guardian of the constitution and respondto community development will be a fair legal certainty is still relevant to be protected. The existence ofIslamic banking as part of the national banking system is one of the financial institutions that can supportIndonesia in the face of global challenges and can be used to enhance the economic competitivenessand Indonesia’s rating in the arena of economic competition in the global era.

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