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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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Judicial Pardon in Update of the Criminal System Against Middle Crimes Sagung Putri M.E. Purwani; Putu Mery Lusyana Dewi
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.v10i3.55347

Abstract

Judicial pardon is a concept of punishment in which a defendant is proven guilty but is not sentenced by judges. It is not explicitly regulated in the Criminal Code in Indonesia. Therefore, it is important to examine the concept, specifically in the event of the renewal of criminal law toward minor offenses. This research aimed to determine the concept of judicial pardon in reforming the criminal system for minor offenses and its ideal setting in the future. This normative legal research was conducted with a  statutory,  a  concept,  a  comparative,  and  a  case  approach. The results indicated that the concept of judicial pardon in the renewal of the criminal system could be an alternative judges’ decision on minor offenses. Philosophically, it is under the values of the 1945 Constitution of Indonesia, and sociologically, it is a response to many public criticisms of law enforcement against a minor criminal offense that is considered unfair. Juridically, the rationale or basis for this concept can be found in the Law on Judicial Power, where judges are obliged to dig, follow, and understand the legal values and the sense of justice in society. The ideal judicial pardon arrangement in Indonesian criminal law should be considered with several provisions regarding crime severity limitation and further provisions after being granted a pardon.
Copyright Protection for Wood Mask Artists: a Regulatory Analysis Pujiyono Pujiyono; Slamet Subiyantoro; Sufmi Dasco Ahmad; Kristiani Kristiani; Dwi Maryono
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.v10i3.66712

Abstract

Wood Masks are works of art inherited from ancestors that are still produced in Indonesia. But in its development, apart from facing quality challenges, another challenge is the protection of its creators. The easy plagiarism of works is the reason the competition for works becomes unhealthy. A legal breakthrough is needed so that the creator of the work gets moral and economic protection. This research was conducted normatively with a statutory and conceptual approach, the data collected was secondary data. The results of the study indicate that there is a weakness in the substance of the offense which is the complaint offense, in addition to low public literacy, the registration of works in the government is low.
Regulating Biogas Power Plant From Palm Oil Mill Effluent (POME): A Challenge to Indonesia's Just Energy Transition Prischa Listiningrum; Siti Hafsyah Idris; Dwima Vilandamargin; Sherlita Nurosidah; Sri Suhartini
Yustisia Vol 11, No 2: August 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i2.56421

Abstract

Palm Oil Mill Effluent (POME) is a potential source of bioenergy but it is also known as one of the biggest emission's contributor from palm oil industry thus capturing the produced methane (CH4) is necessary in creating a sustainable energy for the environment. This article examines current regulations of generating electricity from POME. The aim is to promote renewable energy deployment in Indonesia in order to support the just energy transitions to a low carbon economy. This study initially looks at the existing regulations by using legal doctrinal and socio legal research. Afterwads, interviews are conducted to the palm oil industry in order to explore potential threats in developing this source of energy. The main findings suggest that there are number of government interventions needed to support the construction of POME based biogas power plant, such as providing a scheme of green loans, adjusting the feed-in tariffs and revising the grid systems, imposing incentives for carbon reduction, and applying the power purchase agreement. In addition, increasing public perception to combat the climate change by moving significantly to a low carbon economy is critical to fostering the 2030’s emission reduction target.
Conservation Outside Forests in Indonesia : An Option to Untangle Authority Dualism in the Essential Ecosystem Area Agustina Merdekawati; Marsudi Triatmodjo; Sandy Nurvianto; Irkham Afnan Trisandi Hasibuan; Vivin Purnamawati; I Gusti Putu Agung
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.v11i1.54789

Abstract

As a country rich in biodiversity, Indonesia has realised the importance of conducting conservation efforts beyond the designated conservation areas, where most of the biodiversity elements are located. In fact, the country has adopted the concept of Essential Ecosystem Areas (EEAs) into various statutory instruments. However, the implementation of EEA policies has faced various obstacles stemming from the dualism of authority between the central and regional governments in establishing and managing EEA. Act No. 23 of 2014 on Regional Government delegates the implementation to the provincial governments. At the same time, Government Regulation No. 28 of 2011 mandates that the exercise of EEA protection be integrated with conservation efforts conducted by the central government. Therefore, this study aims to analyse the legal implications of the dualism of authority in EEA implementation and provide recommendations for a regulatory scheme. The problem may be mitigated by considering the factors relevant to the regulatory implementation aspects. The results revealed that the existence of dualism of authority has had implications in several aspects, including the authority in establishing, managing and financing EEAs, which have prevented authorities from achieving the objectives of establishing EEAs. Thus, this study also recommends the integrated and modified implementation of EEA policies in several ways
Legal Development of the Validity of Electronic Mortgage Certificates in the Land Registration System in Indonesia Dhaniswara K Harjono
Yustisia Vol 11, No 2: August 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i2.61111

Abstract

Electronic encumbrance Right is one of the breakthroughs made by the Minister of Agrarian Affairs to improve services in the land sector and support the Government in realizing a digital bureaucracy in Indonesia. This paper aims to deeply examine the validity and execution of such electronic Encumbrance Right Certificates.The main findings show that the electronic Encumbrance Right Certificate cannot be separated from the provisions of the Electronic Information and Transactions law, which lays out the conditions that must be met for the validity of electronic certificates and their status as evidence in court. The problem of authentication differs from the acknowledgement of electronic data. If the data or electronic documents are accepted or legally recognized, the authentication process for the data will automatically follow. The authentication process is a matter of technology while acknowledging electronic documents involves formal recognition in laws and regulations. Electronic evidence consisting of Electronic Information or Electronic Documents or the printouts produced by the Electronic System is legal evidence. On the other hand, if the Electronic Information is not generated through the Electronic System, the evidence cannot automatically be assessed as valid. Such electronic information can be used as electronic evidence if the authenticity, accuracy, and integrity have been verified through an information technology forensic audit
How will the Legal Battle End in the Public Job : Sight of Jordan Issue Mohammed Abdul Mohsen Mohammed bin Treef; Ibtsam Alsaleh; Kamal Mohamoud Alasaf; Hiba Abdulmyuttaleb Alfadhlei
Yustisia Vol 11, No 2: August 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i2.59773

Abstract

Conflict of interests, as an act of corruption, is considered a loose concept. Legal jurisprudence differed in defining its concept, but the salient feature in it is that it constitutes an act of a public job that calls for both disciplinary and criminal responsibility, as it constitutes a two-faced act, a criminal and a disciplinary aspect. This study came to examine a important issue within the framework of the public job. From here it was necessary to stand on the definition of conflict of interest and the types of this conflict within the framework of the public job, and the elements of the crime of conflict of interest according to the criminal framework in the punitive legislation in the countries under study. The main findings show that the most prominent of which is that the most common and dangerous form of conflict is the conflict between the public interest and the private interest. This is when the employee has a direct or indirect interest that affects the administrative decision-making process or any other administrative act. The two researchers recommended that more details be given to the images of Conflict of interests in order to avoid any legal lapse or loophole, which would result in the establishment of the largest possible criminal and disciplinary confrontation for this act.
Deliberating the Constitutional Supremacy from Legal Perspective in Palestine Ahmed M.A Hamad; Haslinda binti Mohd. Anuar
Yustisia Vol 11, No 2: August 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i2.62219

Abstract

The system of government considers constitutional supremacy in which the freedom of the legislature of parliamentary supremacy relinquishes to the requirements of a constitution. This article examines the constitutional supremacy of basic law from the legal and judicial perspective, particularly concerning the Palestinian situation. In addition, constitutions differentiate according to whether they are codified or not into written constitutions and unwritten constitutions. Besides, constitutions differ in how they are amended into flexible and rigid constitutions. Palestinian Basic Law of 2003 is not explicitly provided with any legal provision or article in the Basic Law about the principle of constitutional supremacy or the supremacy of the basic law. However, some elements and legal provisions or articles could make the Basic Law supreme. The article aims to clarify the decline of the concept of constitutional supremacy or the supremacy of the basic law from the legal and judicial perspective, with particular reference to the Palestinian situation. Moreover, constitutional oversight secured the supremacy of the Basic Law of 2003. These main findings show that the Palestinian Basic Law of 2003 has adopted the principle of supremacy of the Basic Law of 2003 over ordinary laws and subsidiaries within the state of Palestine. The article also emphasises the need to explicitly mention the principle of constitutional supremacy or the supremacy of the basic law by amending the Basic Law of 2003
THE FULFILLMENT OF COMPREHENSIVE CHILD’S RIGHTS TO HEALTH IN CHILD DEVELOPMENT AGENCY (LPKA) OF KARANG ASEM, BALI Ani Purwanti
Yustisia Vol 6, No 1: April 2017
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v6i1.11498

Abstract

This article aimed to investigate How is The fulfillment of the right to comprehensive child rights to health in Child Development Agency (LPKA) Karang Asem, Bali. The right to health is one of the rights of children that the State guarantees. The State’s  obligation to ensure the fulfillment of the right to health in which is regulated in Article 44 of Law number 35 of 2014 on the Amendment of Law number 23 of 2002 on Child Protection has to be implemented. Unfortunately, however, there is a paradigm of inconsistency between regulations relating to the purpose of parenting and child coaching.Paradigm change of special protection for   child in trouble with law as a protégé as regulated in Child’s Protection Law is still different from the Law Number 12 of 1995 on Correctional  System. The method used in this study is a qualitative empirical juridical approach. This interdisciplinary method is useful to get a thorough description related to facts of an implementation of a policy and its social impact. The research result concludes that The fulfillment of the right to comprehensive child rights to health in LPKA is the State’s responsibility, in this case are  LPKA, Local Government c.q /represented by the Office of Justice and Human Rights and the Office of Health and the Central Government represented by the Ministry of Justice and Human Rights and the Ministry of Health,  also society and parents. 
Depiction of Public Interest Theory Based on the Welfare Economic Concept on Indonesia Regulation Grace Sharon; Bintang Aulia Hutama; Aghnia Risqa Hudiyarahma; Levina Yustitianingtyas
Yustisia Vol 11, No 2: August 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i2.48548

Abstract

The theory of public interest has become a long debate, and the philosophical meaning is commonly discussed in various research. Generally, it is equated with the needs or interests of the wider community. Public interest has become an interchangeable term in various concepts, from individual needs as intended in natural law to the development of the latest theory of Utilitarianism. The state as the holder of sovereignty and authority has the obligation to carry out the public interest. However, the meaning of this concept is limited in Indonesia, as stated in several laws, one example is the public interest that is always associated with land regulation. It is undeniable through a conventional concept that the subject of land is understood as an asset that has economic value. However, with the development of the economic concept of existing assets, it is found that the concept of public interest is lagging. Therefore, this research has two main objectives: (1) to provide an overview for the elaboration of the concept of interests that are limited by existing laws and regulations in Indonesia, and (2) to take the essence of the economy for the benefit of the public.
Legal Protection of Stateless Persons Arising From CrossBorder Marriage: Indonesia and East Timor Case Study Nanik Trihastuti; Tri Laksmi Indreswari; Daniel René Kandou; Mira Novana Ardani; Diastama Anggita Ramadhan
Yustisia Vol 11, No 3: December 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i3.59287

Abstract

Statelessness is a continuing international legal issue, with individuals lacking the protection of fundamental rights within the jurisdiction of a State. One aspect contributing to this problem is customary cross-border marriage between people of different nationalities, particularly in local border towns, for a variety of reasons. This study examines the phenomenon as a cause of statelessness and undocumented individuals and what the legal protection that international human rights instruments provide for States to comply. This study uses legal research by comparing the East Timor Constitution. Based on the study's results, the potential for statelessness and undocumented people due to cross-border marriage by custom has a detrimental effect on both women and children since it is difficult for them to obtain residence documents. Cross-border marriages between East Timorese men and Indonesian women by customary causing unregistered in Indonesia and East Timor. Field research shows that Indonesian women/wives in East Timor cannot exercise their rights since they are not East Timorese nationals. Noting the conflict of nationality laws between States, especially bordering States, the failure of both States to accommodate women that married are non-nationals breaches Article 9 of CEDAW and constitutes as discrimination against women defined under Article 1 of CEDAW

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