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Kukuh Tejomurti
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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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AN OVERVIEW OF FINANCIAL LAW AS AN INDEPENDENT BRANCH OF THE LEGAL SYSTEM OF THE REPUBLIC OF BULGARIA Savina Mihaylova Goleminova
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.v8i1.26202

Abstract

The present article aims to provide an overview of financial law as an independent branch of the legal system of the Republic of Bulgaria from a both historical and functional point of view, in the context of its traditions and current trends, which reflect the financial and legal system of the EU. The EU membership of Bulgaria holds numerous challenges and requires the mobilisation of the intellectual and physical potential of all stakeholders involved. Financial law is one of the most dynamic fields of legislation and case-law. The financial legal doctrine addresses the new challenges, building on constitutional, financial and administrative legal traditions and practices in the field of administrative justice in Bulgaria following the Tarnovo Constitution.
THE RELEVANCE OF RONALD DWORKIN'S THEORY FOR CREATING AGRARIAN JUSTICE IN INDONESIA Muh. Afif Mahfud
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.v8i3.27386

Abstract

Law enforcement related to Agraria is unjustly marked by the discrepancy of natural resources ownership and many agrarian conflicts. This is normative research, use conceptual approach and secondary data. Then, data collected is analyzed qualitatively. Based on research, moral reading stated by Dworkin is very relevant to be implemented to create agrarian justice in Indonesia because of its endorse rule to be interpreted according to the justice principle. Dworkin's theory of justice is very relevant in creating justice in Indonesia because of : (1) emphasize the importance of public participation and individual understanding in constructing justice; (2) acknowledgment of public diversity; and (3) giving attention to disadvantaged people.
CONSTITUTIONAL INTERPRETATION OF ORIGINAL INTENT ON FINDING THE MEANING OF SOCIAL JUSTICE IN THE CONSTITUTIONAL REVIEW Agnes Harvelian; Muchamad Ali Safa'at; Aan Eko Widiarto; Indah Dwi Qurbani
Yustisia Jurnal Hukum Vol 9, No 3: December 2020
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v9i3.42003

Abstract

This article will study whether original intent method able to find justice in constitution and formulate constitutional interpretation that will able to perform constitutional supremacy. This study uses a doctrinal approach or also referred to as the normative legal approach. The method taken in this writing is analysis descriptive which describes and analyses constitutional interpretation with original intent method. Formulating constitution interpretation which answers people dynamic but doesn’t lose its original constitutional intent. This research shows that Constitutional interpretation with original intent method can mean as an interpretation which assimilate the spirit of how the original written constitution was formulated when building UUD 1945, the opinion of constitution’s founders in their understanding on the purpose and the nation’s ground principals. Basically, All the rules must not contradict with constitution’s intention. The freedom of judges to decide is not freedom without limits. The limitations of judges' freedom of interpretation are Pancasila and the 1945 Constitution. Decisions made by judges must not conflict with Pancasila and the 1945 Constitution, constitutional judges have great power in interpreting the 1945 Constitution. This power is vulnerable to various interests which make the decisions of constitutional judges not objective. Accountability of decisions in public and academics should be a legal idea that can be realized, not to judge the verdict but to know the basis of interpretation and or legal discovery by constitutional judges
DEMOGRAPHY-BASED DEVELOPMENT: THE CHALLENGES OF CIVIL REGISTRATION TO REDUCE POVERTY IN INDONESIA Dona Budi Kharisma; Sri Wahyuningsih Yulianti
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.v7i2.15048

Abstract

The present study seeks to analyze the functions of civil registration in poverty reduction and to identify various problems encountered in civil registration in Indonesia. This study was conducted by using an empirical law research. Primary data and legal materials are analyzed qualitatively with empirical juridical approach. The results conclude that civil registration yields demographic data that play a strategic role in the utilization of public services and development planning. Improving the quality of human life, either in the field of education, health or revenue requires demographic data as the policy focus. This gives implications that the basis of development program interventions in the three sectors refer to the aforementioned demographic data. Therefore, the use of demographic data and expansion of the coverage of ownership of demographic documents present as strategic steps for poverty reduction. However, the low attainment of document ownership in some regions and the limited number of civil registration apparatuses become an indicator of the absence of roles of demographic data in development. This has an impact on improperly targeted development planning. Several strategies that need to be implemented include: (1) Strengthening regulations at the regional level that regulate the utilization of demographic data in development planning; (2) establishing study program of civil registration law as an attempt of population-based development in Indonesia.
JURIDICAL ANALYSIS OF THE EMPLOYMENT RELATIONSHIP REGULATION CONCERNING PARENTING BY BABYSITTER Gwendolyn Ingrid Utama; Satrya Pangadaran Marpaung
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.v7i3.25986

Abstract

The need for childcare service is a phenomenon in households where parents can not function to nurture children on a full-time basis. Children, especially at the age of golden age, is an "asset" for the nation future because at that age the child absorbs and explores all the basic capabilities of the surrounding environment. Childcare services not only show people who are more mature to the child, but are also expected to be companions who can set a good example and provide a sense of security in meeting the basic needs of children. Childcare services performed by babysitters are ultimately established on the basis of employment relationships with the employer (in general the parents of the child). The working relationship has not been regulated in detailed legislation yet, there are only general guidelines and arrangements through the relevant Minister. For this purpose, the research focuses the problem on the legal policy regarding the working relationship between the babysitter and the employer, and analyzes the ideal arrangements for each party in the working relationship (including employment agencies) in order to create justice for each party. The purpose of this study is to be able to trace each legal policy and generate suggestions for the ideal arrangement in the working relationship that can create justice for every party involved. 
THE CONCEPT OF AUTHORIZATION (BEZIT) IN SALES AND PURCHASE TRANSACTIONS OF VIRTUAL PROPERTY Lintang Yudhantaka; Ninis Nugraheni
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.v8i1.28182

Abstract

Virtual property such as softwares, e-books, and games are commonly seen as things with economic values. This study discusses the position of bezitter in the authorization of virtual property and the object delivery in sales and purchase transactions of virtual property. Juridical-normative method with statute and conceptual approaches are all applied. The result shows that bezitter is seen as the owner, and thus, a sales-and-purchase transaction as well as the object delivery of virtual property is considered valid and enforceable if it is in accordance to what it has been agreed in End User License Agreement (EULA).
Bill of Lading in Transporting Goods at Sea to Envisage an Efficiency of Export and Import Transaction AL Sentot Sudarwanto; Grace Ayu Purwosutedjo
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.v8i2.19470

Abstract

This study discusses the law of transporting goods at sea by using a document of charge called Bill of Lading known in common law system is from the 16th century. The research is taken based on the empirical type by showing evidence obtained from the field then analyzed based on bibliography and theory which exists. The result of the research is that each of the international regulations studied does not describe explicitly what the rights and obligations of exporters and importers. However, the B/L contract on the back describes the rights and obligations of exporters and importers as "merchants". Then the results of research that Efficiency is achieved by reason if B/L has been published, No weight miscommunication, Parties abide by applicable legislation, Not falsely signing, Storing B/L in a safe place so as not to disappear, Consistent premises B/L not to be amended, Exporters researching weight standards of goods to be shipped according to ship type, Exporters studying freight forwarding companies in order to manage customs clearance, Selecting the right insurance company to be trusted, Paying attention to the cost of deviation for the benefit of shipping For carrier, Use safe payment method to avoid any more cost when transaction insecurity, Use Surrender B/L model to avoid loading time at loading and unloading ports, Checking documentation of payload including B/L whether complete or not to avoid arrest goods in Customs area, Conduct a container inspection to avoid leakage, and Prevent assignment to less competent workforce to handle cargo documents.
The Role of Wali Nanggroe Institution to Realize Peace in the Asymmetric Decentralization: the Case of Indonesia Delfi Suganda; Retno Saraswati; Nabitatus Sa'adah
Yustisia Jurnal Hukum Vol 10, No 3: December 2021
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v10i3.54705

Abstract

Aceh is a unique area in Indonesia based on Law Number 11 of 2006 concerning the Government of Aceh. One of its features is the establishment of the Wali Nanggroe Institution which is the highest customary institution that aims to maintain peace in Aceh and participate in the world peace process. It is unique in the Indonesian constitutional system because its officers are former combatants of the Free Aceh Movement. This study would like to examine the opportunities and role of the Wali Nanggroe Institution in realizing peace domestically and globally. There are several opportunities for the Wali Nanggroe Institution in peace efforts in a conflicted country; among others, the Wali Nanggroe Institution can carry out the function of peace at the local, national and international levels. It can apply due to the legitimacy of laws and regulations, support from local political parties that dominate Aceh's parliament, and good relations with several foreign countries, such as the "Moro" separatist group from the Philippines had studied with Wali Nanggroe how the peace process from civil war can be realized
Cyber Terrorism Challenges : The Need for a global Mutual Legal Assistance to a Universal Jurisdiction Crime Yasniar Rachmawati Madjid
Yustisia Jurnal Hukum Vol 10, No 3: December 2021
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v10i3.54953

Abstract

Terrorism is a crime which involved more than one state to attack world peace and security. The handling of international terrorism is not only based on national law but also on international law. With the widespread concerns about cyber terrorism and the frequent use of the term “cyber terrorism“ at the present time, many international organization have made efforts to combat this threat. Since cyber terrorism is an international crime, local regulations alone are not able to defend against such attacks, they require Mutual Legal Assistance between States and a transnational response. Therefore, an attacked country will invoke international law to seek justice for any damage caused, through the exercise of universal jurisdiction. Cyber terrorism can’t be prevent just only with national regulation, the need for and international corporation between states to prevent and defend nations from cyber terrorism attacks. This article discusses about cyber terrorism is a transnational/international crime, it should be subjected to universal jurisdiction trough multinational corporation, and this would be the most suitable method to counter future transnational crime such as cyber terrorism.
Examining the Agreement Object as Good Deeds from the Consequentialism and Deontology Perspective Taufiq El Rahman
Yustisia Jurnal Hukum Vol 10, No 3: December 2021
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v10i3.56519

Abstract

This study aimed to analyze the agreement object as good deeds from the legal philosophy perspective. Postulated to legal positivism, this rejects the deviation of the agreement on the good deed of transplanting organs or body tissues. The results compiled using normative legal research methods described the flow of consequentialism and deontology. These doctrines state that kidney transplant procedures conducted voluntarily based on humanity have benefited recipients and donors. Therefore, they increase the happiness level of both parties without leaving the concept of Kantian moral ethics.

Page 34 of 39 | Total Record : 389

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