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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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SOCIAL SECURITY MANAGEMENT IN THE HEALTH SECTOR IN INDONESIA Arief Suryono
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.v8i2.58517

Abstract

The implementation of social security on health insurance, is a manifestation of Article 28H and 34 of the 1945 Constitution in Indonesia. It is one of the social security guarantees stipulated in Article 19 paragraph (1) of the Law on the National Social Security System provided to participants based on the value of certain contributions or payments on health risks. However, there are differences concerning the obligation of participants on the type of health service to be obtained. Those unable to afford this service are grouped into participants that receive contribution assistance (PBI) paid by the Government. Others include wage recipients (PPU), such as public and private as well as independent employees, including non-wage recipients (PBPU). The existing differences in determining the contribution payment for participants lead to injustice. Therefore, this research aims to analyze the reasons associated with the inability of social justice for health insurance managed by the Healthcare and Social Security Agency (BPJS) to function optimally. The results showed that the functionalization of the social justice principle managed by BPJS requires changes to the provisions of health insurance. It also showed the process used to determine the group of PBPU and BPI participants and the number of contributions by investors and employers.
The International Criminal Court Jurisdiction Towards The Deportation Issues In Myanmar Bugivia Maharani Setiadji Putri; Sefriani Sefriani
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.v10i3.54279

Abstract

This research aims to comprehensively analyze the International Criminal Court’s jurisdiction in adjudicating gross violations of human rights involving a non-party state of the 1998 Rome Statute and its application to the perpetrators of deportation against the Rohingya with Myanmar as the non-party state. The results showed that this jurisdiction can be implemented under three conditions, first, the crime is committed by nationals of a non-party state on the territory of a state party to the Statute. Second, the UN Security Council refers a situation to the International Criminal Court in its resolution. Third, through an ad hoc declaration that a non-party state of the Rome Statute accepts the International Criminal Court’s jurisdiction. Since the territorial jurisdiction of the International Criminal Court covers crimes that occur wholly or partly on the territory of a state party, it can be applied to the deportation against the Rohingya in Myanmar. This involved the fleeing of this ethnic group from attacks by the Government of Myanmar to Bangladesh, a state party to the 1998 Rome Statute
Preventing The Illegal Trade of Smuggling Small Arms And Light Weapons (SALW) through UNPoA in Indonesia Ni Gusti Agung Ayu Mas Triwulandari; Putu Eva Ditayani Antari
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.v10i3.54717

Abstract

Action is needed to combat the illegal trade of Small Arms and Light Weapons (SALW) because transnational crime is not easy to commit. However, internal conflicts make Indonesia more vulnerable to firearms smuggling, considering its geographical conditions and weak supervision at the border. Consequently, the government cooperates with neighboring countries to maintain national integrity and safety. Also, the government is active in the international regime to deal with illegal trade of SALW through the United Nations Program of Action. This study is legal research by incorporating primary, secondary, and tertiary data. The results showed that Indonesia's position in the United Nations Program of Action helps prevent firearms smuggling and increase capacity-building assistance.Furthermore, the government collaborates with the Ministry of Foreign Affairs and amends and revises Law Number 8 of 1948 concerning Registration and Granting of Permits for the use of Firearms to prevent illegal trade of SALW. In the regional scope, similar collaboration is also conducted with Southeast countries. This is supported by implementing the PoA to Combat Transnational Crime by holding the ASEAN Ministerial Meeting on Transnational Crime (AMMTC). In the international scope, the United Nations Convention Against Transnational Crime and its three protocols were introduced to eradicate the illegal trade of SAWL.
Blockchain-Based Smart Contract: Advancing Digital Consumer Protection and Preventing Private International Law E-Commerce Cases Tresnawati Tresnawati; Angelina Marlina Fatmawati
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.v10i3.54891

Abstract

Blockchain has functioned as a ledger that decentralizes controls with immutable and irreversible character and have the potential to overcome the deficiency of traditional contracts, especially in today’s digital era such as the e-commerce industry. Unfortunately, although famous to be used for blockchain and smart contracts have not been applied widely in Indonesia and there is no regulation that specifically regulates the use of blockchain technology and smart contracts. This article will analyze the application of smart contracts to escalate consumer rights in e-commerce services. This research showed that the self-executory characteristic of smart contracts helps the consumer to have an equal bargaining position with businesses actors in determining the contents of the contract. In response to those curative efforts, the smart contract will be advantageous as a preventive scheme for PIL cases. The self-executory character of the smart contract will prevent many PIL cases which are potentially occurred. The immutable nature of blockchain records will also be helpful for any dispute settlement scheme. This might be led to the tendency that international e-commerce cases should not be litigated or to be set for an arbitration tribunal. Those international e-commerce cases might not require settlement of judicative branch and may be settled at the administrative level. Consequently, this would create a more effective and efficient settlement, both in time and money. Those advantages have made blockchain-based smart contracts will be prospective in Indonesia, in the upcoming future
Autocratic Legalism: the Making of Indonesian Omnibus Law Zainal Arifin Mochtar; Idul Rishan
Yustisia Vol 11, No 1: April 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i1.59296

Abstract

The Indonesian House of Representatives’ approval of the Omnibus Law on Job Creation marks a significant enhancement of the business climate and a step forward for labor market flexibility, which should, over time, improve the country’s international competitiveness. But, the Constitutional Court delivered shocking news by declaring that the omnibus Job Creation Law, is partly unconstitutional on November 2021. This study aims to reveal two things. First, procedural injustice in the making of Indonesian Omnibus Law on Job Creation. Second, the root of autocratic legalism and its prevention. The study is a doctrinal legal research with qualitative analysis. It has identified that (1) five violations of procedural justice in the making of the omnibus law reflect autocratic legalism in Indonesia; and (2) three factors contribute to the phenomenon. The three contributing factors are (i) the co-optation of the ruling party in the parliament, (ii) the violations of the law and constitution, and (iii) the undermined judicial independence. Indeed, the cartelization in political parties should be ended. Therefore, citizens need to conduct strengthened collective control. In addition, the independence of the Constitutional Court should be preserved.
The Jordanian Bank's Compliance Practice on Custom and Letter of Credit Emad Mohammed Al-Amaren; Sultan Ibrahim Aletein
Yustisia Vol 11, No 1: April 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i1.61054

Abstract

The Uniform Custom and Practice (UCP 600), has defined letter of credit as: “Any arrangement, however, named or described, that is irrevocable and thereby constitutes a definite undertaking of the Issuing Bank to honour a complying presentation". UCP 600 is subject to four main principles: Strict Compliance, Autonomy, Documents handling and virtue examination. This study aims to identify the fundamental principles governing letter of credit operation under the Jordanian Banks practice. Through a qualitative and doctrinal legal approach, this study analyses the organization of UCP 600 regarding the principle governing L/C and the extent to which Jordanian banks adhere to the principles of UCP 600. It also examines, via case approach the Jordanian court's approach towards this matter. The findings reveal that the Jordanian banks (Conventional and Islamic) with 100% are fully committed to the UCP. Moreover, this study also has found that Although Jordanian legislators did not regulate letters of credit operations under the commercial law, it can be noticed, based on the commercial law, that the autonomy principle is applicable in Jordan, even if it is applied in a different context.
Redefining the Air Defence Identification Zone in the Framework of Customary International Law Priyo Hadisusilo; Sigit Riyanto; Harry Purwanto
Yustisia Vol 11, No 1: April 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i1.57891

Abstract

The use of force against other countries is strictly prohibited and has the character of jus cogens. However, this provision is not rigidly applied in the self-defence context codified in the United Nations Charter 1945 Article 51, also in the air defence context through the existence of the Air Defence Identification Zone (ADIZ). This research discusses whether ADIZ embodies the anticipatory efforts in the framework of customary international law. The research results indicate that the determination of ADIZ is not a form of self-defence principle in Article 51, which is the realm of jus ad bellum. Moreover, the conservative self-defence prerequisites in Article 51 are no longer relevant in line with the revolutionary development of aviation and its armament technology. Therefore, ADIZ as a state security practice constitutes a form of anticipatory efforts within the framework of long-standing state practice as customary international law. 
NORMATIVITY IN LEGAL SOCIOLOGY: Methodological Reflection on Law and Regulation in Late Modernity Sapto Hermawan; Febrian Indar Surya Kusuma
Yustisia Vol 11, No 1: April 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i1.60982

Abstract

Debates on the discussion of the law limits began to emerge along with the development of science. For some circles, interdisciplinary discussions are considered essential because they can complement a mature legal study. This concept also gave rise to legal studies carried out together with other scientific groups such as social sciences. In this context, the combination of the scope of social science and law has contributed to studying the prevailing social conditions by applying the rule of law. The limitations of the extra-legal aspects that appear in the socio-legal study are what then raise and require confirmation to be said as a study that results from the legal study space.
THE IMPORTANT ROLE OF INTELLECTUAL PROPERTY CENTERS IN UNIVERSITIES IN ENCOURAGING THE ESTABLISHMENT OF INTELLECTUAL PROPERTY Oksidelfa Yanto Yanto
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.v9i2.51175

Abstract

This research is purposed to determine the form of obligation of lecturers at universities in producing intellectual property and also to find out how important the role of intellectual property centers in universities is in encouraging the establishment of intellectual property. The research method used is normative juridical with the presentation of data in the form of secondary data which includes primary legal materials, secondary legal materials and tertiary legal materials. The results of the study show that lecturers have a very important role in creating intellectual property, this is because lecturers must continue to develop and disseminate science, technology and art through various research and innovation activities carried out, as a form of implementing the Tri Dharma Perguruan Tinggi (Three Pillars of Higher Education). For the time being, the existence of intellectual property centers at universities can facilitate the management of intellectual property for the academic community. Intellectual Property Centers in Higher Education can foster enthusiasm in producing intellectual works. With the existence of this institutional unit, all academics and even the public will always receive socialization, education in research development and intellectual property-oriented community service.
International Human Rights Protection: The Impact of COVID-19 Pandemic on Domestic Violence Yordan Gunawan; Dwilani Irrynta
Yustisia Vol 11, No 1: April 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i1.58872

Abstract

The Corona Virus Disease 2019 (COVID-19) outbreak has impacted practically every aspect of life worldwide, particularly Asia. Governments from various States work hard to prevent and mitigate the spread by instituting multiple social distancing and lockdown measures. While those measures have been effective in containing the spread, there are other negative consequences, including the risks associated with domestic violence in the family home, whether physical, psychological, verbal, sexual, or economic violence. Subsequently, there has been a significant increase in online searches for help from intimate partner violence, according to the United Nations Population Fund (UNFPA). Moreover, the UN Women also reported that essential services, such as shelters and helplines, have exceeded their capacity. Using a normative legal research methodology that sources are obtained from secondary data, the finding shows that thousands of women living in several Asian States experienced more abuse in domestic violence and had less resilience during the pandemic. Whether national or international, the existing regulations are insufficient to prevent violence and protect victims. Thus, remote services in various sectors, including social, health, and justice, must be further developed and institutionalized by the States to overcome such issues.

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