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Justitia et Pax
ISSN : 08521883     EISSN : 25413007     DOI : -
Core Subject : Social,
JEP is primarily aimed to facilitate the legal scholars, researchers or practitioners in publishing their original or reviewed articles as well as to support the enactment of in-depth discussions on the related issues. It is also purposed to become a source of reference for those are involved in legal field. JEP covers any topics related to Indonesian laws and legal system, spanning from the private and public law and covering various legal approaches, such as the comparative law, sociology of law, legal history and many others. Other contemporary legal studies, such as commercial and business law, medical law, law and technology, natural resources law and Islamic law are also covered. Hence, any contributions from legal scholars and practitioners are appreciatively welcomed.
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Articles 9 Documents
Search results for , issue "Vol 36, No 2 (2020): Justitia et Pax Volume 36 Nomor 2 Tahun 2020" : 9 Documents clear
THE STUDY ASSIGNMENT AGREEMENT IN THE PERSPECTIVE OF DISPUTE AGREEMENTS AND RESOLUTIONS Indriyo, St. Mahendra Soni; Christiani, Th. Anita; Prasetiyo, Reinardus Budi
Justitia et Pax Vol 36, No 2 (2020): Justitia et Pax Volume 36 Nomor 2 Tahun 2020
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v36i2.3142

Abstract

The legal issues in this study are aimed to determine the legal provisions for returning compensation to Yayasan Slamet Riyadi Yogyakarta (YSRY) in an overseas study assignment agreement. Furthermore, this study is to determine and analyze the dispute resolution efforts that best provide a sense of justice for both parties. This research is a normative juridical that uses secondary data and uses qualitative data analysis and deductive conclusion techniques. The results show that First, there is a need for material and good faith guarantees from employees who carry out the assignment agreements. Second, non-litigation efforts need to be done in addition to a litigation effort undertaken by YSRY.
HAK DAN KEWAJIBAN PEMILIK BANGUNAN CAGAR BUDAYA DI KOTA MALANG Susanti, Diah Imaningrum; Susriyani, Rini; Herwanta, Albertus
Justitia et Pax Vol 36, No 2 (2020): Justitia et Pax Volume 36 Nomor 2 Tahun 2020
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v36i2.2561

Abstract

The objectives of this research are to describe the implementation of the rights and duties of the owners of cultural properties (Cagar Budaya) in Malang City, especially the buildings of Cor Jesu School and Kayutangan Church, as well as to describe the responsibilities of the local government in protecting the buildings stipulated as cultural properties as stated in the Law Number  11 of 2010 on Cultural Properties. The status as “cultural property” is stipulated by local government through a recommendation by a Team of Experts in Cultural Property. After the stipulation, the rights and liabilities of the owner of such cultural property take effect and the protection of the property becomes the responsibility of the local government. The approach of this research is empirical, conducted by doing in-depth interviews with the owners of cultural properties, some informants such as the Cultural and Tourism Department of Malang City, and with the Assessor of Cultural Property for those buildings. This approach is done after identifying the rights, duties, and responsibilities dealing with the cultural proprties as stipulated in the Law Number 11 of 2010 on Cultural Property. It is concluded that the law as it is written in the Law still takes great efforts to be implemented in reality, in order to fulfill the requirements stated in the Law. 
PERANAN MEDIATOR HAKIM DAN MEDIATOR NON HAKIM MELINDUNGI HAK-HAK ANAK DALAM PENYELESAIAN SENGKETA PERCERAIAN Saraswati, Rika; Hadiyono, V; Kusniati, Yuni; Boputra, Emanuel
Justitia et Pax Vol 36, No 2 (2020): Justitia et Pax Volume 36 Nomor 2 Tahun 2020
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v36i2.3164

Abstract

Based on Supreme Court Regulation Number 1 of 2016 on the Mediation Procedurel in Court, mediation is a step that must undertaken before the court hearing process. Therefore, it is important to know the implementation of mediation in Semarang Religious Court and Semarang District Court, especially its role to resolve marriage disputes and child custody cases. The question of the study is how is the role of mediators (both judge and non-judge) in the mediation process of divorce and child custody disputes, and how the role of mediators in implementating of children's rights on the mediation process is. Data was obtained through a documentary research and distributed questionnaires to 3 (three) District Court Judges and 2 (two) Semarang Religious Court Judges, and 3 (three) mediators at Walisongo Mediation Centre (WMC). The findings demonstrated that the role of judge and non-judge mediators in the mediation process of divorce and child custody cases was only as a facilitator. The non-judge mediators held more strict principle of not giving advice in order to maintenance of their neutrality than that of the judge mediators. The mediator has implemented their role by conveying and explaining children's rights, encouraging the parties to put forward the best interests of the child, facilitating women disputant to be able to fight for themselves and their children’s interests and needs, and reminding the obligation of both parties to fulfil the needs and the cost of their children’s lives if divorce was undertaken as a final solution.
PERLINDUNGAN BAGI KELOMPOK AGAMA MINORITAS MENGHADAPI KELOMPOK AGAMA MAYORITAS: STUDI KASUS AHOK DAN MELIANA Sundari, Elisabeth; Simangunsong, Anna Marieta; Valerie, Isabelle; Nurlatu, Matheus
Justitia et Pax Vol 36, No 2 (2020): Justitia et Pax Volume 36 Nomor 2 Tahun 2020
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v36i2.3118

Abstract

Through the case studies, Ahok and Meliana, this research aims to explain how the religious minority try to obtain protection to fulfill human rights when faced with religious majority pressure from the majority group. Normative research will answer the problem by analyzing the process of prosecution, the adjudication, and the punishment for Ahok & Meliana and the demonstration both outside the court and in the trial process demanding severe punishment for the accused of religious blasphemy. The result shows that even though it is difficult to prove directly, the mobilization of the masses in the judicial process can affect judges' independence to provide protection and justice for religious minority. The case of Ahok and Meliana shows how difficult it is for minority religious groups to seek protection against pressure from the majority religious groups because the State and Judges cannot prevent and take firm action against mass pressure from the majority religious groups against minority religious groups. The case such as Ahok and Meliana will occur as long as blasphemy's criminalization is still in effect. If the principle of non-discrimination or commutative justice is applied, and not the principle of protection based on 'partiality for the vulnerable,' the protection for religious minority groups will not be realized fully.
HAK ULAYAT SUKU PAGU DAN PENGAKUAN HUKUM PEMERINTAH (STUDI DI KECAMATAN KAO HALMAHERA UTARA) Hibata, Nolfan; Laike, Reli Jevon
Justitia et Pax Vol 36, No 2 (2020): Justitia et Pax Volume 36 Nomor 2 Tahun 2020
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v36i2.3532

Abstract

The implementation of the recognition of indigenous legal rights always raises issues such as the civility of ulayat rights and the implementation of recognition by the state. This is as well as the rights of the Pagu tribe. The purpose of this research is to examine the existence of the rights of the ulayat tribe and the problem has not been recognized by the government. This study uses normative research with its main focus on the right of ulayat from the legal aspects and recognition of local governments to be analyzed based on the results of the study of primary legal materials to come to a conclusion. The results of the study found that the existence or existence of pagu ulayat rights still exists, but leaves some problems among them until this saaat the government has not recognized its customary territory which has an impact on the neglect of the rights contained in it. Second, the rights of the Pagu tribe have not been recognized by the local government on the other side of the pagu institution has been recognized, this then leaves a complicated and prolonged problem, where the Pagu tribe does not get protection and legal certainty, thus ignoring the rights to use, seek and collect the results that exist within its customary territory. It should be recognized by the institution of the Pagu tribe by itself has been covered by the rights of ulayat in it.
Author Index Volume 36 Nomor 2 Desember 2020 Justitia Et Pax, Manager
Justitia et Pax Vol 36, No 2 (2020): Justitia et Pax Volume 36 Nomor 2 Tahun 2020
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v36i2.4345

Abstract

AKIBAT HUKUM PENERAPAN PENGATURAN SOLE LIMITED COMPANY NEGARA LAOS DI INDONESIA Budi, Jessica Kirana
Justitia et Pax Vol 36, No 2 (2020): Justitia et Pax Volume 36 Nomor 2 Tahun 2020
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v36i2.3259

Abstract

Laos has been successful in maintaining high and relatively stable growth for 2 (two) decades.  This continuously developing country also makes Laos as 1 (one) of the 10 (ten) fastest growing economies in the world. Regarding to this, Laos has several types of business organizations in the country, one of them is a limited company. This limited company is also regulated in Indonesian law. Referring to this, it is interesting to conduct research on how the sole limited company is regulated in Laos and what are the legal consequences that will arise if the same regulation of Laos's sole limited company is applied in Indonesia. Based on above, the writer expects the research can provide additional knowledge from the law perspective. Regarding the arrangement of Laos's sole limited company and the legal consequences that could arise if Indonesia using the same concept. This research used normative legal research methods. The conclusion of this research is that a limited company in Laos can turn into a sole limited company if the shareholders are less than 2 (two) persons and can change back into a limited company if the shareholders are at least 2 (two) persons or not more than 30 (thirty) persons. Then the legal consequences are that if Indonesia is using a sole limited company, like Laos, the shareholders are personally responsible and can be sued in the District Court by authorized persons.
Subject Index Volume 36 Nomor 2 Desember 2020 Justitia Et Pax, Manager
Justitia et Pax Vol 36, No 2 (2020): Justitia et Pax Volume 36 Nomor 2 Tahun 2020
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v36i2.4346

Abstract

IMPLEMENTASI PERATURAN HAK CUTI HAID PADA WAKTU KERJA DALAM HUKUM KETENAGAKERJAAN DI WILAYAH YOGYAKARTA Pangestika, Elza Qorina
Justitia et Pax Vol 36, No 2 (2020): Justitia et Pax Volume 36 Nomor 2 Tahun 2020
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v36i2.3542

Abstract

Issues related to the elimination of menstrual leave rights for women workers is one form of modern oppression that often occurs in the work environment. Through menstruation leave, the authority of the body of women workers that they should have is transferred to the hands of the power holders in the work environment. The body is accustomed to be obedient to certain interests. Departing from the assumption that many female workers do not get menstrual leave rights, this study will propose how the implementation of the menstrual leave entitlement regulations at work time in labor law in the Yogyakarta region. The subjects of this study were female workers of working age who worked in the Yogyakarta region. The research method used is a qualitative method with data collection techniques with observation and in-depth interviews. Qualitative data analysis techniques with the stages of data reduction, data presentation and drawing conclusions. This research is expected to be useful as input for the government, employers, and workers in formulating and implementing regulations concerning menstrual leave rights.

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