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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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Reciprocal Data Portability to Foster Financial Services Competition in the Open Banking System Era Jamal Wiwoho; Umi Khaerah Pati; Anugrah Muhtarom Pratama
Yustisia Vol 13, No 2: August 2024
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v13i2.75786

Abstract

This article analyzes the feasibility of incorporating reciprocal financial data into Indonesia's open banking system by studying its implementation in the United Kingdom and other countries. The methodology employed is conceptual, statutory, and comparative legal, utilizing data gathered from secondary legal sources. The study discovered that reciprocal data finance could be a supplementary measure to enhance data portability rights. This approach enables banks to provide compensation for access to account data, utilizing the concept of "paying by data". Indonesia should contemplate the adoption of data reciprocity alongside the portability rights outlined in Article 13 of the PDP Law. Subsequently, it can be configured inside the SNAP settings. Before proceeding with this development, it is crucial to establish Open banking in Indonesia by effectively balancing the goals of personal data rights and market competition. This circumstance will encourage Bank Indonesia to collaborate with other regulatory bodies, such as competition authorities, data protection regulators, and sector regulators. Despite potential differences in their objectives, this collaboration is necessary as reciprocal data portability initiatives may involve multiple regulatory domains.
Quo Vadis: Regulating Independence Coaching for Death Row Inmates in Indonesian Correctional System Niken Subekti Budi Utami; I Kadek Sudiarsana
Yustisia Vol 12, No 3: December 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i3.72706

Abstract

The death penalty, one of the punishment types regulated in the Indonesian Criminal Code, continues to be imposed despite conflicts between abolitionists and retentionists. The existence of the death penalty in Indonesia has a legal consequence, which is the need for legal certainty regarding the status of death convicts, who are often entrusted to a Correctional Facility during the waiting period for execution. The enactment of Law Number 22 of 2022 classifying death row inmates as prisoners, along with their rights and obligations. This research uses legal research supported by data from interviews with experts. Data obtained from literature research was analyzed descriptive-qualitatively. The result showed that death row inmates must participate in coaching programs like other prisoners. The coaching program was divided into two parts: character and independence coaching. From the aspect of practicality, character coaching is more beneficial for death row inmates compared to independence coaching, as death row inmates would not return to society and would be waiting for their execution time unless their clemency request was granted. 
Grundlagen of Legal Responsibility and Guaranteeing the Efficacy of Measures in Compliance with European Human Rights Standards Nataliia Zahrebelna; Andrii Dubovoi; Oleksandr Vashchuk; Serhii Sadovyi; Alla Pyshna
Yustisia Vol 13, No 2: August 2024
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v13i2.79537

Abstract

The study aims to analyze effective human rights protection by clarifying the concept of legal liability from the point of view of the EU legislation and case law on human rights. Ensuring justice, freedom, and equality before the law is important. Ukraine is committed to EU integration; therefore, adapting Ukrainian legislation to European standards is a key step in this process. The study focuses on determining the need for and ways of adapting the Ukrainian legal framework to European standards. As a result of the study, The European Union (EU) plays a crucial role in Ukraine's foreign and integration policy, emphasizing the need to harmonize legislation with European standards. Legal liability is crucial in modern legal doctrine, ensuring the rule of law, guaranteeing rights, and protecting interests. Ukraine should learn best practices from the EU, such as Germany's "judicial autonomy" principle, to strengthen its independence. The EU also promotes transparency in appointments and careers, fighting corruption through anti-corruption bodies and financial control. Ukraine should also study and implement effective administrative liability systems, such as those used by France and Spain, to improve internal control and respond effectively to violations.
Breaking Legal and Socio-economic Challenges to Plastic Waste Regulation in Nigeria: Lessons learned from Singapore Paul Atagamen Aidonojie; Majekodunmi Toyin Afolabi; Eregbuonye Obieshi; Molola Janet Adeyemi-Balogun; Saminu Abacha Wakili
Yustisia Vol 13, No 1: April 2024
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v13i1.78388

Abstract

Plastic, a versatile material derived from synthetic compounds, is widely employed globally due to its durability, cost-effectiveness, and ease of production. However, its improper disposal poses significant environmental threats. Despite concerted efforts, the indiscriminate dumping of plastic waste persists in the country's land and water environments. This study aims to comprehensively explore the legal guidelines and socio-economic initiatives relevant to plastic waste regulation, drawing inspiration from Singapore's successful model. Three hundred and ten questionnaires were also distributed among residents of Nigeria to achieve this objective. The data collected underwent thorough analysis, employing both descriptive and analytical methods. In this context, Singapore stands out as an exemplary model for Nigeria to emulate in addressing the challenges posed by plastic waste. Drawing inspiration from Singapore's successful strategies, It is imperative to meticulously regulate every stage, from production to disposal, to ensure environmental sustainability and minimize the detrimental impact of plastic pollution. The study found the need for more legislative measures in Nigeria to combat the pervasive problem of indiscriminate plastic waste disposal effectively. Also, The government should establish irresponsible plastic waste disposal's environmental and health risks and dumping of plastic waste.
Examining the Employment Dimension of Corporate Social Responsibility (Between Global Initiatives and Indonesia Statutory) Budi Santoso; Safinaz Mohd .Hussein; Dina Mila Prasasti; Sinta Lestari; Ummu Sulaem Syamsudin
Yustisia Vol 12, No 3: December 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i3.71716

Abstract

This article examines the employment aspects of CSR regulations. Every company needs a reference to verify its CSR activities support economic, social, and environmental development. The government has enacted laws to encourage corporate social responsibility (CSR). Since CSR funds are in the company's income statement, they often conflict with fiduciary duty. The study reveals that business views on CSR's employment dimension have shifted. Initially, CSR managed risk and prevented reputational and financial damages. Labor was considered an expense, not an investment. Many companies now employ CSR as a key value and competitive advantage
The Challenges of Environmental Protection in Outer Space Following Russia’s Anti-Satellite (ASAT) Weapon Test Activities Ribqha Claudya; Irawati Handayani
Yustisia Vol 13, No 2: August 2024
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v13i2.83749

Abstract

One of the effects of space activities is the creation of space debris that can endanger either the space environment or the Earth’s environment. In response to concerns regarding a swift escalation in space debris, Russia tested its Anti-Satellite (ASAT) Weapon by deploying the PL-19 Nudol missile against its satellite, Cosmos 1408, generating space debris. This situation certainly raises the question of how to protect the environment in space and whether international environmental law that provides a legal framework for protection in the world can also be applied in outer space. This article offers a new perspective on implementing international law to protect the space environment. This study adopts  normative  juridical  research  methods  by  utilizing  a statute and case approach to analyze the research.  The analysis showed that space debris generated from ASAT Weapon testing activities by Russia is regarded as harmful contamination under Article IX of OST under the interpretation of the term through the method of interpretation regulated in the 1969 VCLT because these activities produce long-lived space debris. Further, Russia violated the principles of environmental protection in space by failing to fulfill the obligations contained in these principles, such as taking precautionary measures and international consultations before carrying out such test activities.
Building Legal Foundation for a Prosperous Indonesia: Insights from MPR-RI Four Pillars Bambang Soesatyo; Kadir Johnson Rajagukguk; Heri Wahyudi
Yustisia Vol 12, No 3: December 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i3.71520

Abstract

Indonesia is a state that openly engages with the opportunities and challenges of global economic liberalization. Several issues arise when international legal interventions clash with the identity, values, and interests of indonesian nation. Therefore, this study aimed to strengthen the national foundation in facing globalization and and ushering in a prosperous era for Indonesia. This doctrinal study was conducted using a conceptual approach, with the perspective regarding the role of law in economic development. It also examined the importance of robust legal foundation to maintain national stability in the midst of global economic changes. The results showed that national legal development was crucial to realizing aspirations for unity, sovereignty, justice, and prosperity. Four pillars of MPR-RI could serve as a guide for every citizen to foster nationalism in the midst of rapid globalization. Furthermore, the spirit of legal foundation in four pillars could guide the formulation of national policies that accommodated global interests without forsaking the identity, values, and interests of indonesian nation. The idea of four pillars was also developed as the basis for the philosophy of national economic legal development. The results were expected to guide all stakeholders in constructing economic law in Indonesia, thereby achieving prosperity for the entire population.
Should Indonesia Learn from Malaysia and Singapore’s Cross-Border Insolvency Asset Settlements? Tata Wijayanta; Sheva Trisanda Adistia; Rado F Leonardus; B.E Hermawan
Yustisia Vol 13, No 1: April 2024
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v13i1.79773

Abstract

The lack of boundaries between countries characterises the current globalisation. This convenience represents "high risk, high return", with the possibility of greater profits, but there is also a high risk of failure. This risk arises due to unpreparedness to mitigate the consequences of using technology or errors in its application, resulting in bankruptcy and affecting business actors and all assets. In Indonesia, the regulation of the cross-border insolvency mechanism still needs to be clarified, especially for cross-border assets that experienced difficulties in execution. This study examined Malaysia and Singapore's cross-border insolvency asset settlement arrangements as the closest countries to Indonesia. The study shows that Malaysia and Singapore have agreements with other countries formed as a collaborative step for settling bankruptcy cases. Indonesia is required to modify the principle of territorialism, either by forming bilateral or multilateral agreements, even by ratifying the UNCITRAL Cross-Border-Insolvency.
Criminal and Administrative Legal Characteristics of Offenses in The Field of Countering Drug Trafficking: Insights from Ukraine Olena Volobuieva; Yevhen Leheza; Vita Pervii; Yevhenii Plokhuta; Roman Pichko
Yustisia Vol 12, No 3: December 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i3.79443

Abstract

Drug addiction in Ukraine has been showing signs of an epidemic and represents one of the potential threats to Ukraine's national security. This article highlights the regulation of the ratio of criminal and administrative liability as to countering offences in the sphere of trafficking of narcotic drugs, psychotropic substances, their analogues and precursors. The research method is presented as comparative-legal (legislation of Ukraine, Holland, Germany, Italy, Spain, Switzerland, Netherlands, Austria, Portugal and Finland) and systematic analysis. The sanctions for drug crimes provided for in the legislation, countries are divided into three groups, namely hard policy group, strict control group, and liberal group. Summing up the analysis of the legal regulation of the fight against drug crime in different countries, it should be noted that international legal acts govern most countries' legislation. At the same time, the legislation and executive system of punishments of various states in combating drug crimes are specific, due not so much to the country's national characteristics but to the concretely formed criminogenic situation in this area.

Page 39 of 39 | Total Record : 389

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