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Varia Justicia
Published by Universitas Muhammadiyah Magelang
ISSN : 19073216     EISSN : 25795198     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Varia Justicia (ISSN 2579-5198) is a peer-reviewed Journal of Legal Studies developed by the Faculty of Law, Universitas Muhammadiyah Magelang. This journal publishes biannually (March and October). The scopes of Varia Justicia, but not limited to, are: Constitutional Law, Criminal Law, Civil Law, Islamic Law, Environmental Law, Human Rights, International Law, and also interconnection study with Legal Studies. Varia Justicia has been indexed by Google Scholar, Directory of Open Access Journal (DOAJ), Sinta, IPI, Worldcat and others.
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Articles 9 Documents
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Search results for , issue "Vol 17 No 2 (2021): Vol 17 No 2 (2021)" : 9 Documents clear
Financial Institution and Public Listed Companies: How the Supervision Regulated Under the Indonesian Law? Suwinto Johan
Varia Justicia Vol 17 No 2 (2021): Vol 17 No 2 (2021)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v17i2.4064

Abstract

This study aims to analyze the supervision process and regulations of directors in managing a company, especially in financial institutions and public listed companies under the Indonesia law. This study uses normative juridical method with statute and conceptual approach. The primary legal material obtained from Law Number 8 of 1995 on Capital Market (UU Pasar Modal), Law Number 40 of 2007 on Limited Liability Company (UU PT), Law Number 21 of 2011 on Financial Services Authority (UU OJK), Financial Services Authority Regulation (POJK) Number 3/POJK.05/2013, POJK Number 11/POJK.05/2014, POJK Number 33/POJK.04/2014, POJK Number 1/POJK.05/2015, POJK Number 55/POJK.04/2015, POJK Number 27/POJK.03/2016, POJK Number 35/POJK.05/2018. The secondary legal material used in this study including books, journals and other documents related to the topic. This study concludes that the current laws and regulations are quite enough in regulating the supervision of parties, from general statutory regulations to the regulations of the relevant authorities. Otherwise, the Indonesian government need to amend the regulation mentioned especially the provision related to the penal sanctions to the directors and company parties.
Regulating Income Tax: Case of Indonesian YouTubers Prianto Budi Saptono; Cyntia Ayudia; Ismail Ismail Khozen
Varia Justicia Vol 17 No 2 (2021): Vol 17 No 2 (2021)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v17i2.5168

Abstract

Along with the development of digital business platforms in Indonesia, the YouTube content creator profession (YouTuber) has become a hard-to-tax sector due to the unavailability of a clear definition in the laws and regulations regarding the business characteristics of the content creator profession. This study aims to analyze the income tax aspect of content creators on the YouTube digital platform in Indonesia. First, it focuses on the interpretation of independent work and business activities related to the business nature of content creators, constituting individual taxpayers with income below the threshold regulated in Government Regulation (PP) no. 23 of 2018. Second, it analyzes the tax authority’s efforts and strategic measures to optimize tax revenues from YouTubers. This study uses a qualitative descriptive approach using documentation and literature studies. The results show that determining the income tax aspect of YouTubers requires carefulness in identifying the types of activities that become sources of income since they could either perform business activities or independent work simultaneously. Therefore, it is vital to confirm the YouTubers business activity definition in the tax provisions. In addition, adequate education and socialization that promote a cooperative approach become necessary to improve tax compliance.
Unlawful Administrative Act: Indonesian Administrative Law Perspective Putu Gede Arya Sumerta Yasa; Wita Setyaningrum; Kadek Agus Sudiarawan
Varia Justicia Vol 17 No 2 (2021): Vol 17 No 2 (2021)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v17i2.5172

Abstract

This study aims to analyze and examine the meaning of unlawful acts by government officials and the authority of state administrative courts in dealing with cases related to unlawful acts by government officials. This study was normative legal research using a statutory approach and a conceptual approach. The primary legal materials uses in this study including Indonesian Civil Code (Burgerlijk Wetboek), Supreme Court Regulation (hereinafter PERMA) Number 2 of 2019 concerning Guidelines For Dispute Settlement Of Government Actions and Authority to Hearing Unlawful Acts By A Government Board And Government Officer (onrechtmatige overheidsdaad) and Law No. 51 of 2009 concerning the second amendment to Law Number 5 of 1986 concerning State Administrative Court to analyses substance related to the meaning of unlawful acts by government officials and the authority of state administrative courts in dealing with cases related to unlawful acts by government officials in accordance with prevailing law. The conceptual approach taken from the meaning of onrechmatigedaad in Burgerlijk Wetboek. This study indicated that the dispute settlement on the unlawful act by the government official mentioned on the Supreme Court regulation (hereinafter PERMA) number 2 of 2019 including dispute settlement process, which shall be file through state administrative court. which stipulates that the authority to hearing the disputes of unlawful acts by the government board or the government officials can be resolved through the state administrative judiciary.
Legal Politics Deconcentration Study on Post-Reform Regional Development Planning Habib Muhsin Syafingi
Varia Justicia Vol 17 No 2 (2021): Vol 17 No 2 (2021)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v17i2.5191

Abstract

The principle of deconcentration is a necessity in the era of decentralization to ensure the establishment of Indonesian unitary state. The dynamics of drafting laws and regulations are actually an effort to find the most appropriate format in managing the relationship between the centre and the regions, in the sense of how to accommodate the centre's interests without stifling creativity and regional initiatives in planning development. This article tries to examine the dynamics of deconcentration in post-reform regional development planning. The period is divided into the 2004-2014 and 2014-2019 periods, each period marked by the issuance of a series of laws and regulations, each period reflecting a certain policy direction (legal politics) of deconcentration. This research is normative juridical research with a statutory approach in which the data obtained will be analyzed qualitatively and presented descriptively. The research results show that in the 2004-2014 period, deconcentration tends to be a complement and a formality to maintain a unitary state, while in the 2014-2019 period, deconcentration appears to be stronger in line with the authority of decentralization. The similarity in these two eras is that the implementation structure of deconcentration still overlaps with the structure of decentralization, thus allowing confusion and overlapping. The research results show that in the 2004-2014 period, deconcentration tends to be a complement and a formality to maintain a unitary state, while in the 2014-2019 period, deconcentration appears to be stronger in line with the authority of decentralization.
Oversharing and its Impact for Children: A Comparative Legal Protection Sayid Muhammad Rifqi Noval
Varia Justicia Vol 17 No 2 (2021): Vol 17 No 2 (2021)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v17i2.5257

Abstract

This study aims to identify the potential threat for children resulting from the intense personal data overshare in cyber-space and examine its legal protection. This study uses descriptive qualitative with a case, comparative and conceptual approaches. The primary legal material used in this study is Law No. 44 of 2008 on Pornography (Pornography law) and Law No. 11 of 2008 on Information and Electronic Transaction (ITE law), last amended by law No. 19 of 2016 on the Amendment of Law No. 11 of 2008. The secondary legal material used in this study includes books, journals, and related articles. The result shows that threats resulting from the overshare lead to various offenses like cyberbullying, pedophile threats, identity theft, identity manipulation, deepfake, and cyberstalking. In Indonesia, the legal protection of the children cyber offense victim does not specifically regulate. While learning from several countries, such as the U.S, Canada, France and the U.K, have stipulated the provision regarding children’s protection, especially in cyber-space. Through this study, the author proposed the appropriate regulation to tackle the issues of cyber offense for children in Indonesia by complementing the existing regulation regarding the limitation of oversharing of data in the cyber-space.
“Disaster” Within Disaster Management: Women and Nonhuman Animals Issues Hanna Nur Afifah Yogar
Varia Justicia Vol 17 No 2 (2021): Vol 17 No 2 (2021)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v17i2.5397

Abstract

This analysis will refer to the structural inequalities under disaster management context, where women and more-than-human animals receive imbalanced preparedness for disaster management, risk reduction, and resilience. The concept of feminism and speciesism will visualize the similarity between women and more-than-human animals as an “object” exclusion instead of “subject” inclusion. The vitality of observation is considered from assessing women's capacity to cope, adapt, and survive during and post the socio-ecological emergency (social instability and natural and human-made disaster). The data shows that women were the most susceptible in rapid or slow-onset emergencies, whereas the nonhuman animals will be objectified as no more than property. These two normalized-lens navigate to the skills and knowledge acquired by women regarding socio-ecological resilience. On the other hand, the demand for equal treatment for women and more-than-human animals will be based on their intrinsic values. This article argues that the phenomenon is highly influenced by religious and cultural values in shaping socio-ecological treatment and power relations. In other words, the patriarchal system and human supremacism will become the most influential aspects. The epistemological revolutions through proper laws and policies are required to promote and achieve a more stable socio-ecological structure of women and more-than-human entanglement within disaster management in particular.
The Legal Certainty on Freedom of Foreign Football Player Transfer in Indonesia: Learning of Bosman Ruling Rizki Habibulah; Ming-Hsi Sung
Varia Justicia Vol 17 No 2 (2021): Vol 17 No 2 (2021)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v17i2.5621

Abstract

The Bosman ruling means that players could move or transfer to a new club at the end of their contract without paying their former clubs any fee. A player can now agree with a pre-contract with another club for a free transfer if the players' contract with their existing club has six months or less remaining. This means that the Bosman Rulingis a pioneer in the freedom of contract aspect in sports law. According to Law Number 3 of 2005 on National Sports System in Indonesia, the problem in Indonesia is that there is no regulation regarding the freedom of contract for the sporting member in Indonesia. Some cases violate the Bosman Ruling against foreign football players Damian Linzio. Damian Linzio cannot solve his problems because there is no regulation related to Bosman Ruling issues in Indonesia. This Research aims to adapted Bosman Ruling into Indonesian Sports Law based on Law Number 3 of 2005 concerning the National Sports System. Bosman Ruling is very important in sports law because it regulates the freedom of contract. The type of this research is normative legal research. Normative legal research is a process to find the rule of law, principles of law, and the legal doctrines to address the legal issues faced equal treatment of foreign players in freedom to transfer, the need to introduce bosman ruling into indonesian sports law, study case of damian linzio and bring the case to the court of arbitration for sport. This research found that Indonesia needs to apply Bosman Ruling as the pioneer of freedom of contract to Indonesian Sports Law. Bosman Ruling can be adapted in Law Number 3 of 2005 on the National Sports System in Indonesia. For Damian Linzio, author recommend to bringing the case to Court of Arbitration for Sport because they are more competent to resolve sports cases.
International Humanitarian Law Perspective on Un-Targeting Attack Try Hardyanthi
Varia Justicia Vol 17 No 2 (2021): Vol 17 No 2 (2021)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v17i2.5674

Abstract

The Syrian conflict started on January 26th, 2011. At first, the conflict in Syria was an internal conflict between the government of Bashar Al Assad and the Rebel, the descent into war began with the violent and brutal repression of peaceful pro-reform protests, which later turned into an armed uprising against the regime of Bashar al-Assad, and has since become a regional conflict involving state and non-state actors. In the development of the conflict, some parties intervened to provide support for the Bashar al-Assad. One of the countries that intervene against Syria is Russia. In the armed conflict which happened in Syria on September 2015 and early October 2016, more than 9,000 people, including 4,000 Syrian civilians, were killed by the Russian airstrikes. The International Humanitarian Law hostilities regulate the protection of victims of conflict and restrictions on the means and methods of warfare. This study aims to identify the obstacles of legal enforcement of international humanitarian law toward un-targeting attack in Syria. In addition, this study tries to reveal the responsibility of these states, both Russia and Syria for the loss and injury caused by an un-targeting attack. The result shows that the obstacles of law enforcement in Syria case caused Syria is not a state party in several international conventions. Therefore, these conventions are not applicable formally in the armed conflict in Syria. Based on International Humanitarian Law, Syria Government is responsible for the un-targeting attack that occurred in Syria, and required to make full reparation for the loss or injury caused by such violations. They are required to make full reparation for the loss or injury caused by an un-targeting attack. Furthermore, Individuals belonging to an Organizations or State are held personally responsible before the law. Then, the United Nations Security Council (UNSC) must carry out UN Charter Articles 41 and 42 and UNSC as the main organ responsible for maintaining international peace and security.
Rethinking Religious Freedom to Assure Harmonisation of Inter-Religious Life in Indonesia Mohammad Hazyar Arumbinang
Varia Justicia Vol 17 No 2 (2021): Vol 17 No 2 (2021)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v17i2.5689

Abstract

This article provides an in-depth analysis and a critical examination of the human rights protection instrument that does not govern the mechanism to resolve the problem of Freedom of Religion rights violation. This article use normative legal research with statutory and historical approaches. The data will be analysed by using descriptive-analytical analysis. This article reveals that Human Rights Protection, especially on the Right to Freedom of Religion, is still becoming a matter of concern for Indonesia. The right to freedom of religion or belief is a fundamental human right recognised in all the major human rights treaties. However, they are still inter-religious tensions and a lack of protection by the Indonesian Government. For example, the violence exploded in Karubaga, the capital of Tolikara district in Papua province. Dozens of stalls and houses were set on fire, which spread to a nearby mosque, reported as conducted by the members of the Christians Group. The recent incidents happened in Singkil, Aceh. In Indonesia a state with various religious diversity which recognises five religions and one thought, it still does not establish the strict protection of the freedom of religion. The law only provides the mechanism on how to resolve grave human rights violations. On the other side, the protection of the light-categorised violation still cannot be enforced. Based on this analysis, the paper offers practical recommendations and guidance for state officials to enhance the protection of all religious groups in expressing their thoughts and to assure the harmonisation of inter-religion life.

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