Yustisia
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.
Articles
389 Documents
<![CDATA[Review of Zoning Regulations for Seismic Area on the Southwest Coast of Sumatra, Indonesia ]]>
<![CDATA[Akhmad Akhmad]]>;
<![CDATA[Sinung Mufti Hangabei]]>
<![CDATA[ Yustisia Vol 12, No 1: April 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v12i1.72856
<![CDATA[The Indonesian region is one of the countries with high seismicity because it is located on the Ring of Fire. This article describes and analyzes regulations regarding earthquake-prone areas on the southwest coast of Sumatra Island, especially in Bengkulu. Data related to earthquake and disaster was taken using the literature method from several previous research results and disaster reports from government agencies. The results of the study show that the potential for earthquake hazard is dominating Bengkulu City. Several policies and regulations regarding urban land use were issued, but they must be further aligned with the objective of earthquake disaster mitigation. Almost all areas are located in moderate seismic hazard areas, so general rules and parameters are needed for classification structures; this is a must to ensure that in the event of an earthquake, human life is protected. Detailed spatial plans and zoning regulations become important documents that can regulate spatial use in detail, accompanied by calculations related to the density and environmental conditions of the area given spatial provisions.]]>
<![CDATA[Eliminating the Gap of Labor and Social Protection for the Workers of Platform-Based Transportation ]]>
<![CDATA[Rekson Silaban]]>;
<![CDATA[Hanief Saha Ghafur]]>;
<![CDATA[Dyah Widiawaty]]>;
<![CDATA[Basir Basir]]>
<![CDATA[ Yustisia Vol 12, No 2: August 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v12i2.69344
<![CDATA[This study aims to examines online transport business practices in Indonesia and assesses whether workers get decent labor protection. The study tries to provide the answer to the unresolved debate about what form of regulation to close the protection for platform work. The method used a descriptive-qualitative research design with the study case paradigm notably in online transportation sectors. Research data was obtained through in-depth semi-structured interviews with drivers from different apps in Jakarta, the Indonesia Capital City. The study found that the improvement of employment protection for workers can only be done by first clarifying the legal status of workers, and determining the form of employment protection that is suitable for them, which is made through a special regulation. The study proposes a way out by providing options based on selected countries experiences of different continents on how the platform should protected without hurting platform business.]]>
<![CDATA[The Postponed Regional Head Elections in Emergency Situations: a Constitutional Democracy Perspective in Indonesia ]]>
<![CDATA[Fikri Ahsan]]>;
<![CDATA[Wahyu Andrianto]]>;
<![CDATA[Djarot Dimas Achmad Andaru]]>;
<![CDATA[Mohamad Mohamad Hanapi]]>
<![CDATA[ Yustisia Vol 12, No 2: August 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v12i2.64638
<![CDATA[The postponement of regional head elections may be done when the country is declared in a state of emergency. Emergencies such as war, economic crises, disease epidemics, and natural disasters affect the constitutional rights of citizens regulated by the 1945 Constitution. Therefore, legal instruments are needed to avoid unconstitutionality in fulfilling constitutional rights and democratic values during emergencies or dangers, including postponing regional elections during the COVID-19 pandemic. Article 12 of the 1945 Constitution is the most relevant legal basis for activating emergency constitutional law when the state is declared dangerous. However, Article 22 of the 1945 Constitution was preferred in postponing regional elections. Even though the holding of elections itself is guaranteed by the constitution every five years, on the other hand, the constitution has not regulated the postponement of elections if the country is in danger or an emergency. So, in the future, there will need to be constitutional amendments and new regulations that further widen the spectrum of dangerous or emergency conditions without forgetting Article 12 of the 1945 Constitution as a consideration]]>
<![CDATA[The Form and Pattern of Business Actors Requirements in Exclusive Dealing: A Rule of Reason Approach ]]>
<![CDATA[Anna Maria Tri Anggraini]]>;
<![CDATA[Ahmad Sabirin]]>;
<![CDATA[Yoel Nixon A Rumahorbo]]>
<![CDATA[ Yustisia Vol 12, No 2: August 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v12i2.73316
<![CDATA[Tying is usually defined as the dominant company selling one product since the buyer must also purchase a different product or agree not to purchase the bonded product from other suppliers. This paper analyzes requirements imposed by the reported business actor on other parties deemed to have violated the tying and bundling under competition law in Indonesia, the U.S., and the European Union. Also, it discusses the application of the Rule of Reason by the competition commission in these three region. This study uses a comparative law approach. The results of the analysis show that a tying agreement is an agreement that requires the recipient of the supply to buy other products that are not necessarily needed. Usually, these agreements are entered into by two affiliated companies or at least cooperating partners, one of which occupies a dominant position to prevent competitors from entering the relevant market. Not all tying agreements have a negative impact. Therefore, an impact analysis is needed through a rule of reason approach, especially in digital-based industries.]]>
<![CDATA[A Circular Economy-Based Plastic Waste Management Policy in Indonesia (Compared to China and EU) ]]>
<![CDATA[Rahayu Subekti]]>
<![CDATA[ Yustisia Vol 12, No 2: August 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v12i2.72177
<![CDATA[Indonesia is a significant plastic waste producer and has more responsibility. In response, the Indonesian government has released several plastic garbage-related policies. However, the policies are viewed as ineffective. Through the circular economy concept, this study examines potential waste management policies for sustainable development by examining existing policies and comparing China's and the European Union's policies. The study shows that Indonesian waste management is highly dependent on the government. The policy affecting many sectors should require synergic participation from the related stakeholders, namely employers, investors, academicians, and civil society. As learned from these two countries, they have regulations related to an integrated waste management system, so there are no overlapping regulations. Furthermore, Indonesian waste management should consider the availability of a market for environmentally friendly items]]>
<![CDATA[Inadequate Cryptocurrency and Money Laundering Regulations in Indonesia (Comparative Law of US and Germany) ]]>
<![CDATA[Tiara Putri]]>;
<![CDATA[Amiludin Amiludin]]>;
<![CDATA[Dwi Nurfauziah Ahmad]]>;
<![CDATA[Hidayatulloh Hidayatulloh]]>
<![CDATA[ Yustisia Vol 12, No 2: August 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v12i2.71835
<![CDATA[Cryptocurrency as a virtual currency managed by a decentralized system makes it immune to government interference and allows it to transact under pseudonyms. This has the potential for cybercrime and illicit transactions, especially money laundering. This study aims to compare legal instruments in Indonesia, the US, and Germany regarding the use of cryptocurrency as a money laundering tool and to analyze the readiness of Indonesia to respond to this crime. This study is normative legal research conducted using a comparative and statutory approach. These findings show that the US and Germany have extensively regulated crypto. In the US, Crypto transactions are considered MSB, subject to BSA compliance. Each transaction must comply with AML, KYC, and CIP requirements. In Germany, Cryptocurrency is considered a personal asset. The crypto trading must meet the KYC and AML requirements. Indonesia needs advanced regulations because crypto is only considered an investment asset. The investigation is difficult because cryptocurrency is transacted pseudonyms, so connecting pseudonyms with real people is challenging]]>
<![CDATA[Fast-Track Legislation: The Transformation of Law-Making Under Joko Widodo’s Administration ]]>
<![CDATA[Ni’matul Huda]]>;
<![CDATA[Idul Rishan]]>;
<![CDATA[Dian Kus Pratiwi]]>
<![CDATA[ Yustisia Vol 13, No 1: April 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v13i1.71061
<![CDATA[Since the end of 2019, the President and the House of Representatives had performed different legislative functions. Since the Law on the Commission Eradication Commission was amended, legislation had dramatically been transformed. Several laws have been passed and amended quickly. This study discusses three legal issues. First, the conceptual limitation of fast-track legislation in Indonesia. Second, the rationale behind fast-track legislation under Joko Widodo's administration. Third, the impact of fast-track legislation under Joko Widodo's administration. In this socio-legal study, a qualitative analysis is conducted. This study has identified that (1) fast-track legislation in Indonesia can only be adopted through Perpu with all its exemptions and exceptions; (2) the transformation of law-making under Joko Widodo's administration is associated with political pragmatism, political personalization, the elimination of the opposition, and cartel parties; and (3) the transformation of law-making under Joko Widodo's administration is detrimental to the future of Indonesia's democracy. The transformation has degraded the quality of deliberation in law-making. Besides, it does not adhere to law-making procedures, resulting in elitist and conservative laws.]]>
<![CDATA[Evaluating Mandatory Corporate Social Responsibility Disclosure Policies and Sustainability Development Goals Achievement in Indonesia ]]>
<![CDATA[Ratna Artha Windari]]>;
<![CDATA[Yetty Komalasari Dewi]]>
<![CDATA[ Yustisia Vol 13, No 1: April 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v13i1.81940
<![CDATA[The enactment of the 2007 Company Law confirms Indonesia’s requirement for mandatory disclosure of Corporate Social Responsibility (CSR). However, there has not been any research specifically examining CSR activities from the report disclosed. Only a few studies have examined the mandatory disclosure of CSR for companies whose core business does not directly include natural resources but whose activities significantly impact the environment. Therefore, this research aimed to evaluate and analyse the mandatory disclosure of CSR through company annual reports, taking a sample of listed textile businesses in Indonesia and the correlation with the achievement of Sustainability Development Goals (SDGs). The findings showed that the mandatory disclosure regulations in 2007 Company Law and Financial Service Authority Regulation Number 51/ POJK.03/2017 failed to improve optimal CSR implementation by textile companies in Indonesia. Various textile companies focused more on community development while paying little attention to environmental concerns. Additionally, detailed and explicit provisions were lacking in achieving the SDGs target. Reformulation of CSR disclosure policies was necessary to regulate reporting procedures, content, and criteria for environmental aspects of the programs in annual reports while correlating with the targets of the 2030 SDGs policy.]]>
<![CDATA[The Francovich Principle as the Basis of State Responsibility for Laborer Loss Due to Company Bankruptcy ]]>
<![CDATA[Agus Widyantoro]]>;
<![CDATA[Moch. Marsa Taufiqurrohman]]>;
<![CDATA[Xavier Nugraha]]>
<![CDATA[ Yustisia Vol 12, No 3: December 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v12i3.79345
<![CDATA[The absence of legal certainty in the application of the pari passu pro rata parte principle in the distribution of bankrupt accounts in Indonesia has given rise to uncertainty regarding the protection of the rights of laborers whose employers or companies have faced bankruptcy. This article considers that Indonesia requires a set of formulations enabling the state to provide legal protection for the rights of laborers affected by employer or company bankruptcy. The article explores the feasibility of adopting the Francovich Principle in Indonesia, defining it as a principle holding the state accountable for the losses incurred by laborers due to company bankruptcies. The article concludes that several conditions must be met to apply the Francovich Principle, including the establishment of a guarantee institution, the obligation for financial contributions from companies, and the implementation of specific measures to prevent abuse. The state’s effort to adopt the Francovich Principle involves establishing a priority scale in drafting laws related to the Francovich Principle into the Priority National Legislation Program. Furthermore, the government needs to revitalize institutions related to the Francovich Principle within the national legal and regulatory system]]>
<![CDATA[Enhancing Consumer Protection in the Indonesian Financial Service Sector through the Utilization of Standardized Contracts ]]>
<![CDATA[Lastuti Abubakar]]>;
<![CDATA[Tri Handayani]]>
<![CDATA[ Yustisia Vol 12, No 2: August 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v12i2.61271
<![CDATA[The Financial Services Sector is a pioneer in developing standard contract regulations. This standard contract complements Contract Law that did not initially regulate standard contracts. This study aims to analyze the development of standard contract regulation in the Indonesian financial services sector. It examines aspects that require strengthening so that standard contracts can become a protecting consumer tool in the financial services sector. This study uses a normative juridical approach with a descriptive-analytical research specification. The results show that: 1) The development of standard contract regulations in the POJK on Consumer Protection used by Financial Service Business Actors (PUJK) contains the principles and prohibitions on including exoneration clauses and undue influence. This provision fills the legal vacuum regarding standard contracts that still refer to the freedom of contract principle and Book III of the Civil Code and other related regulations. The use of the standard contracts encourages PUJK to comprehend the importance of consumer protection; 2) OJK should strengthen regulatory aspects by issuing guidelines on standard contract formats and contain correct interpretations of the scope of undue influence and supervise the standards contract both directly and indirectly that have been implemented by PUJK.]]>
