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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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Access to Justice: New Right or a Reaffirmation of Existing Human Rights for Persons with Disabilities? Melaku T Zengeta
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.v11i3.68402

Abstract

The Convention for the Rights of Persons with Disabilities (CRPD), as a specific human rights instrument, seems to create a new disability-specific right to access justice under Article 13. This study analyzed the place of specific rights for people with disability to access justice in the CRPD. The article uses the conceptual approach related to the disability and human right at the international instrument. This study concludes that Article 13 of the CRPD has expanded the traditional conceptions of access to justice since it also covers effective remedy and fair hearing. Several inherent limitations, or impairments, which interact with multidimensional and inherent barriers, have prevented persons with disabilities from accessing justice based on equality. The article has shown that the new set of rights is a guarantee of justice. 
The Recent Crisis of the WTO Appellate Body: Is the WTO’s Reform a Solution? Intan Baretta Nur Annisa
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.v11i3.68070

Abstract

At the end of 2019, the international society was surprised by the cessation of the Dispute Settlement Body of the World Trade Organization (WTO) since the United States (US) blocked the election of the new judge of the Appellate Body (AB). This study examined the superiority and drawbacks of the implementation and capacity of the WTO dispute settlement body (DSB) to maintain the trading system among the state members. This paper finds that the WTO DSB plays a crucial role in the panel report’s acceptance. WTO also continues to develop and is characterized by a strict interpretation of the WTO treaties. Nevertheless, provisions were criticized, which made their implementation inefficient, such as retaliation, the lack of transparency, the restriction of amicus curiae briefs, the procedure of concession suspension, and the deficiency in the enforcement of the report by the injured party. The crisis that happened to the AB could trigger countries to revise the mistakes in the WTO whole system. This situation presents a chance to resolve issues about the output quality and institutional mandate observance of the WTO tribunals. Overall, the ideal option for member states is to continue incurring the costs of loss, develop a consensus, earn global benefits to keep the trading system running and support the WTO through active participation.
Cartel Indications on Determination of Loan Interest Rate in Fintech Lending Sukarmi Sukarmi; Ranitya Ganindha; Reka Dewantara
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.v11i3.56339

Abstract

The application of information technology platforms that appear in business transactions in Indonesia is a pattern of business models that cannot be avoided. One of the rapidly growing technology companies is an online loan service.The ease of borrowing funds through these services supports business growth. In contrast to the banking sector, which is regulated by a series of strict government regulations and the determination of interest rates that have been determined by looking at economic conditions. The absence of regulation in the legislation makes AFPI set the limit for determining the maximum interest rate, but the determination of interest rates by AFPI is suspected to lead to cartel actions. There is a close relationship between fair business competition and consumer protection. This research is a normative juridical research with a statutory approach and a comparative approach. In this case, the setting of interest rate limits will reduce consumers’ rights to get competitive prices. The existence of conscious parallelism by the AFPI on the LPMUBTI services can be categorized as a price fixing agreement. It is because the determination of the maximum interest rate limit is not regulated through direct government regulations.
The Legality of Israel’s Self-Defense Claim of the Strikes on Hamas Vania Lutfi Safira Erlangga; Sefriani Sefriani
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.v11i3.61262

Abstract

The attacks by Israel against Palestine, which took place from 10th to 12th May in the Gaza Strip caused massive losses of civilians. Israel claims that the strikes are forms of self-defense in response to previous attacks by Hamas. This study has two objectives: (1) to analyze the arrangements of self-defense in international law and (2) to find out the legality of Israel’s self-defense claim of the strikes on Hamas on May 10-12, 2021. The study was a juridical-normative legal study with a conceptual, historical, and statutory approaches. The results of the study reveal that (1) self-defense is customary international law contains in Article 51 of the United Nations Charter; (2) Israel’s self-defense claim is invalid since it does not comply with Article 51 of the United Nations Charter and elements contained in International Customary Law, such as necessary, proportionality, immediacy, and imminence.
The Good Governance Principle in Fictitious-Positive Case Applications After the Job Creation Law Dewi Cahyandari
Yustisia Vol 12, No 1: April 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i1.63999

Abstract

The enactment of Law Number 30 of 2014 expands the competence of the State Administrative Court in protecting members of the public but also state administrators. Law Number 6 of 2023 concerning Job Creation (Law on Job Creation) mentions fictitious-positive cases in Article 175 number 6, which has changed the provisions on fictitious-positive cases. This study aims to see that the judiciary examines fictitious-positive cases after the enactment of the Job Creation Law and how the public submits requests for review of cases after the Act comes into effect. The research is normative and has a legal and philosophical approach. The research data consisted of primary and secondary materials. The authority of judges to examine fictitious-positive cases has been lost after the enactment of the Job Creation Law, reducing the use of the General Principles of Good Governance in reviewing fictitious-positive cases. However, the enforcement of the Job Creation Law seems to leave legal uncertainty for justice seekers regarding fictitious-positive matters, indicating that the reinstatement of the judiciary's authority to review applications for these fictitious-positive cases needs to be taken into account
Leadership Challenges in Democratization: An Analysis of Independent National Electoral Commission of Nigeria Awwal Muhammad Shafiu; Abdullahi Umar; Halimah Abdul Manaf
Yustisia Vol 12, No 1: April 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i1.73146

Abstract

This study discusses Electoral Management Bodies (EMBs) leadership challenges utilizing INEC's environment. INEC leadership underperformance compelled the study. The study aimed to identify INEC leaders' 1999–2019 difficulties. The study used in-depth interview data. Nine commission leaders with extensive expertise were interviewed. The analysis shows that INEC's leadership system hinders its mandate. Inadequate manpower, political elites' manipulation, inadequate training, ad-hoc staff problems, inadequate funding, lack of technological know-how, financial autonomy, standard operating system, poor electorate cooperation, and political interference have hampered INEC's democratic election organization in Nigeria. The INEC should have complete independence, embrace innovations, reforms, sensitization programs, adequate funding, more permanent staff, improved voting machines, and training and retraining to help Nigeria hold credible elections. These obstacles help INEC leadership establish itself in the electoral system to foster democratic growth, maturity, and consolidation
Is It Legal to Provide Liquidity on the Vexanium Decentralized Exchange in Indonesia? Mochammad Tanzil Multazam; Regita Amanah Huzairin; Sandika Putra Pratama; Irwansyah Irwansyah
Yustisia Vol 12, No 1: April 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i1.69007

Abstract

One of the platforms in the blockchain is a decentralized exchange. The existence of these platforms helps exchange crypto assets instantly in the blockchain ecosystem without having to exchange them at a central exchange. The liquidity guarantors of decentralized exchanges are liquidity providers. This study aims to assess liquidity providers' legal safety on Vexanium, Indonesia's first public blockchain. The normative method employed in this analysis of the laws and regulations related to blockchain in Indonesia involves a preliminary examination of the liquidity provision process. This study found that the decentralized exchange platform on the Vexanium blockchain still needs to meet the criteria as an electronic system following the laws and regulations. In addition, the absence of clear information about the parties in the platform makes the liquidity provision contract voidable. This research can be utilized for platform developers in the Vexanium blockchain to pay more attention to legal aspects in creating their platforms..
A Look at the Crimean Declaration of Independence through the Lens of International Law Hikmah Bima Odityo
Yustisia Vol 12, No 1: April 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i1.73395

Abstract

It has been argued that the government officials in Kyiv are attempting to retake Crimea and restore sovereignty over the region. It is appealing since the issue of Crimea remains unsettled. In 2014, the Crimean parliament promulgated the Declaration of Independence and imminently voted for a referendum to accede to the Russian Federation. Similar cases also occurred in Donetsk, Luhansk, Zaporizhzhia, and Kherson in 2022. This article will examine Crimean rights to self-determination to assess whether such acts comply with international law. Furthermore, this article will mainly focus on Crimean’s declaration of independence and its referendum to determine the status and impact of such acts. It can be seen that Crimea, as de facto is part of Russia. However, as de jure, the territory might belong to Ukraine. Considering that they have voted for independence, both the Crimean people and Ukraine authorities can further negotiate a new legal status to accommodate their rights.
Could Artificial Intelligence be the Subject of Criminal Law? Vita Mahardhika; Pudji Astuti; Aminuddin Mustaffa
Yustisia Vol 12, No 1: April 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i1.56065

Abstract

The  use  of  artificial  intelligence  can  increase  productivity  and efficiency in various sectors of life. However, it can also potentially cause legal problems especially criminal law if they result in losses. The subject of law in determining who should be responsible is a separate issue. This research examines whether technology using artificial intelligence can be used as the subject of criminal law so that criminal responsibility can be held. This research is normative juridical research with a statutory, conceptual approach and cases related to artificial intelligence and criminal law issues. The study shows that the ability to analyze and make decisions possesed by artificial intelligence can be indicated as "malicious intent".  Yet, the  concept  of  punishment  for  the  artificial intelligence system  requires  a  unique  formula,  as  the  personality  of  artificial intelligence cannot be equated with the personality of a human or  legal  entity.  The  granting  of  legal  status  through  a  criminal sanction  mechanism  in  the  form  of  machine  deactivation, reprogramming, and the severity of destroying machines is expected to provide future solutions to minimize the risk of criminal acts by artificial intelligence.
Judiciary Problems in Mature Democratic Countries: American and French Perspectives Muhammad Aminu Kwasau; Salma Abdurrahman Maina; Raziqa Muhammad Shafiu; Mariyah Muhammad Shafiu
Yustisia Vol 12, No 1: April 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i1.69404

Abstract

Even when all other safeguards fail, a judiciary of unquestionable integrity is the cornerstone institution necessary for guaranteeing adherence to democracy and the rule of law. It protects the public from any violations of their legal rights and freedoms.This observation applies to both global analyses of the judicial system and rule of law process in America and France, in particular. The judiciary and legal adjudication process were viewed and examined as a great bastion of the rule of law throughout the United States of America and France as one of the great countries that are characterized as mature democracies in this paper, which relied on the qualitative method of data collection. The study discovered that, in contrast to France, which has a centralized legal system, the United States has two distinct judicial systems (federal and state).

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