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Yustisia Jurnal Hukum
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Articles 291 Documents
A HOLISTIC APPROACH OF AMNESTY APPLICATION FOR BAIQ NURIL MAKNUN IN THE FRAMEWORK OF CONSTITUTIONAL LAW OF INDONESIA Manthovani, Reda; Tejomurti, Kukuh
Yustisia Jurnal Hukum Vol 8, No 2: MAY-AUGUST 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i2.32852

Abstract

The Supreme Court has rejected a petition for case review from Baiq Nuril Maknun, a West Nusa Tenggara woman who was convicted of defamation against her alleged sexual harasser. Justices Margono, Desniyati and Suhadi rejected Nuril?s challenge against the Supreme Court's decision in September 2018, which found Nuril guilty of violating Article 27 of the Electronic Information and Transactions (ITE) Law and sentenced her to six months in prison and a fine of Rp 500 million (US$34,644). The defamation case has been criticized for using the controversial law to incriminate an alleged victim of sexual harassment, when the Mataram Education Agency reported Nuril for recording the phone call.This research is prescriptive normative research namely, legal research that takes legal issues as a norm system used to provide prescriptive justifications about a legal event. From Nuril?s case we can see the laws are sorely inadequate, case in point the Electronic Information and Transactions Law (ITE Law), that got her into trouble. It?s so rubbery, it can be interpreted any way anyone wants. Amnesty should be given to Baiq Nuril Maknun because amnesty is the authority of the President for the interests of the state, in this case human rights and citizens' rights to get legal protection and free from discrimination and Law Number 11 Drt In 1954, yet it contradicted the constitution in cases and institutions, because Article 14 paragraph (2) of the 1945 Constitution of the Republic of Indonesia had no case restrictions in granting amnesty and was carried out with consideration of the People?s Representative Council of The Republic of Indonesia.
JOKOWI’S INITIATIVE FOR A COMPETITION TO CUT INDONESIAN REGULATIONS: RECOMMENDATIONS AND THE ROLE OF HIGHER EDUCATION INSTITUTIONS IN INDONESIA Abidin, Handa S
Yustisia Jurnal Hukum Vol 7, No 2: MAY - AUGUST 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i2.23210

Abstract

This research provides recommendations for the development of an initiative of the President of the Republic of Indonesia (Presiden Republik Indonesia), Joko Widodo (Jokowi), namely the implementation of a competition to cut Indonesian regulations, and relates these recommendations to the role of higher education institutions in Indonesia. The concept of ?cutting? regulations should be developed into ?managing.? The competition should also widen the scope of what should be managed. Rather than being limited only to ?regulations,? the scope should include ?laws and regulations as well as other relevant law and policy products.? Furthermore, the competition could be a trigger for developing other related collaborations. The collaboration between relevant parties in the competition and other future collaborations can be classified as a form of mutual cooperation (gotong royong) which could contribute to the development of the quality of Indonesian law in general and specifically to the quality of laws and regulations and other relevant law and policy products in the context of Indonesia. This mutual cooperation could also bring direct benefits to the Central Government of the Republic of Indonesia (Pemerintah Pusat Republik Indonesia) and other relevant state-related institutions as well as to higher education institutions in Indonesia that are expected to be involved in the competition and in other future collaborations. 
LEGAL ACCOUNTABILITY OF PUBLIC ACCOUNTANTS IN THE FINANCIAL STATEMENT BASED ON INDONESIA'S LEGAL SYSTEM Sirait, Raja; Warka, Made; Nasution, Krisnadi; Yudianto, Otto
Yustisia Jurnal Hukum Vol 7, No 3: SEPTEMBER - DECEMBER 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i3.25778

Abstract

The purpose of this study is to examine further regarding the legal accountability of the public accountants on financial statements in the Indonesian legal system. This research is important to conduct due to the public accounting profession that has a significant role to express opinions about fairness in all material matters, financial position, results of operations, changes in equity, and cash flows in accordance with general accounting principles accepted in Indonesia. In other words, the responsibility of public accountants is to express opinions on financial statements. Public accountants are responsible for planning and carrying out audits in order to obtain adequate assurance about whether the financial statements are free from material misstatement, whether caused by errors or fraud. Financial statements are the responsibility of management, and the public accounting profession cannot just be punished. This research is a normative legal research. The data used is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data collection techniques use literature study, while data validation techniques use source criticism. The data is analyzed by using legal interpretation methods to obtain answers to the questions examined. The results show that a public accountant can have criminal and civil liability in carrying out the duties when publishing a company's financial statements.  
IMPLIKASI YURIDIS DIUNDANGKANNYA UNDANG-UNDANG NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH TERHADAP PENGATURAN BADAN USAHA MILIK DAERAH DI INDONESIA Resen, Made Gde Subha Karma; Muryanto, Yudho Taruno
Yustisia Jurnal Hukum Vol 3, No 3: SEPTEMBER-DECEMBER
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v3i3.29560

Abstract

The enactment of Law Number 23 Year 2014 on Regional Government has implications for setting local owned enterprises (BUMD) in Indonesia. Law No. 23 Year 2014, revoke Law Number 5 of 1962 and Law Number 32 Year 2004, the previous both are the legal basis for setting local owned enterprises in Indonesia. In Law No. 23 Year 2014, specifically regulates the local owned enterprise, namely in Chapter XII, consisting of 12 Articles, starting from Article 331 to Article 343 and scattered in several chapters, Article 1 paragraph 40, Article 134 paragraph (1) letter c, 188 paragraph (1) c, subsection 298 (5) c,subsection 304 (1) and (2), 320 (2) g, 402 paragraph (2), 405 and Article 409.
ENVIRONMENTAL CONCERN UNDER INDONESIA’S PREFERENTIAL TRADE AGREEMENTS (PTAS) Widiatedja, I Gusti Ngurah Parikesit
Yustisia Jurnal Hukum Vol 8, No 2: MAY-AUGUST 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i2.24594

Abstract

International trade has resulted positive impacts, such as alleviating poverty and increasing jobs. All countries then start concluding trade agreements multilaterally, regionally and bilaterally. The existence of preferential trade agreements is increasingly significant due to the deadlock of multilateral trade agreements. Although providing benefits, international trade has adversely affected environment. Some international treaties suggest how countries should include environmental concern in their PTAs. Unlike traditional PTAs, most of modern PTAs have incorporated environmental concern, reconciling the goal of trade liberalization and environmental protection. In Indonesia, there is a link between international trade and environmental harm. This article aims to show the existing Indonesia?s PTAs, analysing how Indonesia has put, and how it should put environmental concern in its PTAs. This article argues that only a few Indonesia?s PTAs have incorporated environmental concern in their provisions. Moreover, when they include environmental concern, there is no further elaboration on how this process should be undertaken. Compare to other existing PTAs, Indonesia should start incorporating environmental concern in its PTAs, and then allow the right of government to impose protective measure in order to preserve environment. 
CAN INDONESIA INVOKE PUBLIC MORALS EXCEPTION UNDER THE WORLD TRADE ORGANIZATION (WTO) FOR PROHIBITING CROSS-BORDER GAMBLING? Widiatedja, I Gusti Ngurah Parikesit
Yustisia Jurnal Hukum Vol 7, No 2: MAY - AUGUST 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i2.19914

Abstract

Under the WTO, Indonesia is obliged to liberalize its markets through establishing the schedule that comprise a list of services that can be either opened or closed to foreign suppliers.  However, Indonesia?s schedule is vague as to whether gambling services are closed to foreign suppliers. Through this loophole, the practice of cross-border gambling services has been rampant, resulting in some consequences, especially those related to money laundering and underage gambling. Tackling this problem, Indonesia could apply public morals exception that allows member states to impose trade prohibition. By using public morals exception that was applied in some WTO cases, this article explores the way in which Indonesia could justify prohibiting cross-border gambling services. This article claims that Indonesia has a justification to impose public morals exception under the WTO to prohibit cross-border gambling services within its territory because the prohibition would be designed to protect public morals; it would be necessary to protect public morals; and the prohibition would equally apply  to both foreign and local suppliers in cross-border gambling services in Indonesia.
JUSTICIABILITY OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS IN INTERNATIONAL LAW AND ITS FUTURE IMPLEMENTATION IN INDONESIA Handayani, Irawati
Yustisia Jurnal Hukum Vol 7, No 3: SEPTEMBER - DECEMBER 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i3.24782

Abstract

Economic, social, and cultural rights are categorized as second generation of rights in the concept of international human rights law. Due to its distinction with first generation right, which is civil and political right, it leads to the differentiation of justiciability of second generation rights. It?s quite often that the fulfillment of economic, social, and cultural rights is postponed, while on the contrary civil and political rights have to be accomplished immediately. The query of justiciability of economic, social, and cultural rights rottenly links with the responsibility of state parties on implementing the rights enumerated in ICCPR or ICESCR. Referring to Article 2 of ICESCR, the implementation of rights stated in ICESCR could be in progressive manner and usually this article is used as an example to not fulfill the right immediately. This article will elaborate further the implementation of protection of economic, social, and cultural rights in another country particularly in South Africa and compare it with Indonesia in order to achieve an ideal form of justiciability of this second generation of rights.
ANALISIS PERKEMBANGAN SISTEM PERADILAN PIDANA DITINJAU DARI PERSPEKTIF PENGADILAN TINDAK PIDANA KORUPSI ., Fitriati
Yustisia Jurnal Hukum Vol 3, No 3: SEPTEMBER-DECEMBER
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v3i3.29550

Abstract

Under Law No. 30 Year 2002 on Corruption Eradication Commission , in particular in Article 53 . Corruption Court is located in the General Court . Initially he was not formed by a special law or its own but one package with the establishment of the Corruption Eradication Commission ( KPK ). Key developments other Corruption Court is authorized as provided in Article 6 of Law No. 46 of 2009 , which states that the Anti-Corruption Court has authority to examine , hear and decide the case : corruption , money laundering is the underlying predicate offenses of corruption and criminal offenses expressly provided in other laws defined as corruption . In addition, the trial of corruption in the region . Eradication of corruption is a systematic and continuous one can do with efforts to establish court corruption ( corruption ) which is located in every capital city / town in Indonesia . Problems of development of the criminal justice system in Indonesia in terms of authority corruption court is a court of corruption that is in the many different areas acquittal of corruption cases .
ANTI-DISCRIMINATION IN EMPLOYMENT REGULATION FOR PERSONS WITH DISABILITIES IN INDONESIA Dewi W, Imma Indra
Yustisia Jurnal Hukum Vol 8, No 1: JANUARY-APRIL 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v0ixx.28016

Abstract

Anti-discrimination is known as equal opportunity and treatment which is the right of every citizen in each aspects of life. The principles of anti-discrimination must be included in every product of legislation, including the employment regulation for persons with disabilities in Indonesia. Anti-discrimination in employment regulation for persons with disabilities have been included in the Indonesian constitution. In addition, it has also been adopted in various articles on legislation,regulating about employment for persons with disabilities, namely Law Number 3 of 2013, Law Number  19 of 2011 and LawNumber 8 of 2016. In substance, the law that guarantees the rights of persons with disabilities in a number of laws and regulations in Indonesia is sufficient. However, the regulation in Law Number  13 of 2003 on The Labor Law is not yet clear. Adjustments need to be made on Law Number  13 of 2003, Law Number  19 of 2011, and Law Number  8 of 2016. The need for the many provisions of labor laws that have not been implemented, thus it requires affirmative action to realize equal opportunities in all aspects of life and livelihood for persons with disabilities.
THE ROLE OF THE CONTRARIUS ACTUS PRINCIPLE IN OVERSIGHT OF THE GROWTH AND DEVELOPMENT OF COMMUNITY ORGANIZATIONS Izhharulhaq, Muhammad Yasin; Rompis, Adrian E; Cahyadini, Amelia
Yustisia Jurnal Hukum Vol 8, No 3: SEPTEMBER-DECEMBER 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i3.31702

Abstract

The term contrarius actus principle is deemed not to exist in Law Number 17 of 2013 on Community Organizations (hereinafter to as CSOs) so that it explicitly states that the Perppu of CSOs contains the principle of contrarius actus in its application. The existence of this principle as referred to in the consideration of the Public Order Perppu lies in the process of applying sanctions where the process is part of the follow-up process of supervisory actions carried out by government officials. Thus, that role in terms of supervision should be studied more deeply in connection with the growth and development of community organizations at this time. The research method with a normative juridical approach, prioritizes library research and its implementation in practice. Research specifications are descriptive. The research phase is carried out through library research, collecting secondary data in the form of primary, secondary, and field research materials to obtain primary data as support. Based on the analysis conducted by the author regarding the role of the principle of contrarius actus in monitoring the growth and development of community organizations, the author raises the role of the principle of contrarius actus in terms of supervision of CSOs as the application of sanctions in the form of administrative sanctions, which are emphasized by the role of responding or reacting to non-compliance with provisions the provisions contained in the decision which in this case are ratification as registered CBOs and also ratification of CSOs as legal entities, in other words that the placement of sanctions in the case of mass organization supervision is a follow-up to the results of monitoring and evaluation by external supervisors with the aim that can control the initial purpose of the establishment of a mass organization that is in accordance with the objectives of the state and national development.

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