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Contact Name
Afandi Sitamala
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asitamala@untirta.ac.id
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adil@untirta.ac.id
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Faculty of Law, Universitas Sultan Ageng Tirtayasa Jl. Tirtayasa, Sindangsari, Kec. Pabuaran, Serang, Provinsi Banten Telp. (0254) 280330 Ext. 218, Fax.: (0254) 281254 Website: https://jurnal.untirta.ac.id/index.php/nhk E-mail : yustisia.tirtayasa@untirta.ac.id
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Kab. serang,
Banten
INDONESIA
Yustisia Tirtayasa: Jurnal Tugas Akhir
ISSN : 28072863     EISSN : 28071565     DOI : http://dx.doi.org/10.51825/yta
Yustisia Tirtayasa: Jurnal Tugas Akhir also known as Yustisia Tirtayasa is national peer review journal on legal studies. The journal aims to publish new work of the highest calibre across the full range of legal scholarship, which includes but not limited to works in the law and history, legal philosophy, sociology of law, Socio-legal studies, International Law, Environmental Law, Criminal Law, Private Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Human Rights Law, Civil Procedural Law and Adat Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 20 Documents
Analisis Dispensasi Perkawinan terhadap Anak di Bawah Umur: Studi Kasus Penetapan Pengadilan Agama Serang Nomor : 1968/Pdt.P/2020/PA.Srg Nusabahari, Thoby; Amin, Edi Mudjaidi
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 1 Agustus 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i1.11223

Abstract

In general, every human being has a desire to get married. It is known that within the scope of marriage, there is a marriage dispensation. Marriage dispensation is the granting of permission to enter into marriage for a prospective groom and/or bride who is not yet 19 years old. During the Covid-19 pandemic in 2020, the fact is that the number of applications for marriage dispensation at the Serang Religious Court has increased from the previous year. One of his petitions is in the case which has now been determined by the Serang Religious Court Judge, namely the Serang Religious Court Determination Number : 1968/Pdt.P/2020/PA.Srg. Departing from the court ruling above, the authors conducted an essay research by taking two problem identifications. First, is the Judge’s consideration in the Serang Religious Court Determination Number : 1968/Pdt.P/2020/PA.Srg regarding marriage dispensation in accordance with the Marriage Law in conjunction with the Marriage Age Change Law and the Child Protection Law? Second, what is the impact of giving dispensation to marriage in the Serang Religious Court Determination Number : 1968/Pdt.P/2020/PA.Srg? The research method used by the author is juridical normative, with research specifications in the form of a statutory approach and a case approach, data sources in the form of primary data and secondary data, data collection techniques in the form of library research and interviews, data analysis in the form of qualitative analysis, and research locations in the Serang Religious Court. As for the essay research conducted by the author, the result show that the Judge’s consideration in the Serang Religious Court Determination Number : 1968/Pdt.P/2020/PA.Srg regarding marriage dispensation is in accordance with the Marriage Law in conjunction with the Marriage Age Change Law and the Child Protection Law. The impact of giving marriage dispensation in the Serang Religious Court Determination Number : 1968/Pdt.P/2020/PA.Srg also varies, there are positive impacts, including being able to carry out marriages legally according to religious and state law and avoid adultery and unregistered marriage, and negative impacts, including the possibility of maternal death at a young age due to premature pregnancy, loss of adolescence, and lack of mental maturity to care for a family.
Penegakan Hukum Sanksi Administrasi Terhadap Pelaku Usaha Rumah Makan yang Melanggar Protokol Kesehatan dalam Masa Pandemi Coronavirus Disease 2019 di Kota Serang Aulia, Rafli; Kusumaningsih, Rila
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 2 Desember 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i2.12282

Abstract

World Health Organization (WHO) declared Coronavirus Disease 2019 (Covid-19) as a pandemic in early March 2020. The spread of Covid-19 does not only have an impact on health aspects, but also on political, economic, social and cultural aspects. To restore economic growth, the Government issued a new normal policy (new normal order). To prevent and control Covid-19, the Serang City Government stipulates Serang Mayor Regulation Number 30 of 2020 concerning the Implementation of Discipline and Law Enforcement of Health Protocols as an Efforts to Prevent and Control Coronavirus Disease 2019. The author is interested in researching how to enforce administrative sanctions on business actors. restaurants that violate health protocols during a pandemic in Serang City based on Serang Mayor Regulation Number 30 of 2020? and what are the factors that are obstacles in enforcing administrative sanctions against restaurant business actors who violate health protocols during the pandemic in Serang City based on Serang Mayor Regulation Number 30 of 2020?.This study uses an empirical juridical research method by taking a case approach and a statutory approach. The data used in this study is secondary data supported by primary data in the form of interviews with the Serang City Satpol PP, which were then analyzed descriptively qualitatively.The results of the study show that the enforcement of administrative sanctions for business actors who violate health protocols during the Covid-19 pandemic in Serang City has been carried out according to Perwalkot Serang Number 30 of 2020. Sanctions are given to restaurant business actors who violate health protocols during the pandemic. Covid-19, namely sanctions in the form of verbal warnings or written warnings and temporary suspension of operations, as stipulated in Article 7 letter b paragraphs (1) and (2) Mayor Regulation Number 30 of 2020. As for the obstacles for the Serang City Satpol PP in implementing enforcement Administrative sanctions law is in the form of lack of facilities and facilities and weak legal awareness of the people of Serang City.
Tanggung Jawab Negara Terhadap Pemenuhan Hak Atas Kesehatan Masyarakat Indonesia dalam Pelaksanaan Test Covid-19 Ditinjau dari International Covenant On Economic, Social, And Cultural Rights (ICESCR) Hasintongan, Shantika; Danial, Danial; Anom, Surya
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 1 Agustus 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i1.11411

Abstract

The right to health is part of human rights. Health is closely related to everyday human life. The availability of health services and medicines, a clean and healthy environment, and other matters related to health are vital factors for human survival. In the COVID-19 pandemic situation, health is a basic need for all levels of society. The problems are, how the state's responsibility to fulfill the right to health in the conditions of the COVID-19 pandemic for the Indonesian people and how to fulfill the right to health for the Indonesian people in implementing the COVID-19 Test in terms of the International Covenant On Economic, Social , And Cultural Rights (ICESCR).This research uses Juridical-Normative by using the type of normative legal research data which is divided into primary legal materials, secondary materials and tertiary legal materials. The research analysis of this writing uses Descriptive-Qualitative and in collecting research data this research is obtained through library research and data access through journals, and the Internet.The results of this research are, first, the State has shown forms of responsibility in fulfilling the right to health in the conditions of the COVID-19 pandemic to the Indonesian people. providing test kits to detect the transmission of COVID-19 from several countries at varied and unaffordable rates for the public, issuing a package of rules as formal legitimacy for handling COVID-19, and giving orders to all people to comply with 3M, namely wearing masks, Wash your hands and keep your distance. Second, the fulfillment of the right to health for the Indonesian people in implementing the COVID-19 test has not been fulfilled by the State. The application of the nominal cost of the COVID-19 test is expensive, varied, and unaffordable for every element of society.
Pembatasan Moda Transportasi Angkutan Penumpang PT. Kereta Commuter Indonesia (KCI) dimasa Pandemi Covid-19 Mojo, Agung Trihat
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 2 Desember 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i2.12380

Abstract

ABSTRAK:Presiden Republik Indonesia telah menetapkan status kedaruratan kesehatan masyarakat Corona Virus Disease 2019 (COVID-19) di Indonesia berdasarkan keputusan (Perpres) No 11 Tahun 2020 Tentang Penetapan Kedaruratan Kesehatan Masyarakat Corona Virus Disease 2019 (COVID-19) serta menetapkan Peraturan Pemerintah Nomor 21 Tahun 2020 Tentang Pembatasan Sosial Berskala Besar Dalam Rangka Percepatan Penanganan Corona Virus Disease 2019 (COVID-19).(Surat Edaran Nomor 14 Tahun 2020) “Tentang Pedoman dan Petunjuk Teknis Pengendalian Transportasi Perkeretaapiaan Dalam Masa Adaptasi Kebiasaan Baru,Untuk mencegah penyebaran Corona Virus Disease (COVID-19”. Penelitian ini dilaksanakan dengan mengambil fokus mengenai: Bagaimana peran Pemerintah dalam pengawasan pada layanan Kereta Commuter Indonesia demi upaya menertibkan penumpang yang masih melanggar protokol kesehatan ? Bagaimana upaya Pemerintah untuk mengantisipasi peningkatan penumpang pada rangkaian Kereta Commuter Indonesia dimasa pandemi Covid-19 terkait kebutuhan masyarakat yang dibatasi ?Metode yang dipakai dalam penelitian ini adalah metode pendekatan yuridis empiris yang dapat memberikan gambaran bagaimana pemerintah khususnya pada moda Transportasi angkutan penumpang Kereta Commuter Indonesia dimasa pandemi Sehingga penulis menggunakan jenis penelitian kualitatif, metode kualitatif ini adalah penelitian yang bersifat deskriptif dan cenderung menggunakan analisis dengan pendekatan induktif. Hasil penelitian yang didapat adalah Peran pemerintah untuk menertibkan pelanggar kesehatan yaitu dengan menertibkan Surat Edaran Kemenhub No. 26 Tahun 2020 dan Kementrian BUMN dengan monitoring langsung terhadap BOD dalam menerapkan protokol kesehatan melalui laporan Dewan komisaris. Kami mengakomodasi kebutuhan masyarakat dengan menyediakan ekstra layanan kepada masyarakat dengan menyediakan fasilitas cuci tangan, thermal detector, dan penambahan layanan KRL pada pick hour guna mengantisipasi kepadatan penumpang dengan total 997 perjalanan perharinyaKata Kunci : Pembatasan Moda Transportasi Kereta Commuter Indonesia Dimasa Pandemi Covid-19
Peran Pemerintah Desa dalam Pengelolaan Wisata Alam Negeri di Atas Awan di Desa Citorek Kidul Lebak Banten Berdasarkan Peraturan Daerah Nomor 2 Tahun 2016 tentang Penyelenggaraan Kepariwisataan Susanti, Amelia
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 2 Desember 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i2.11858

Abstract

Tourism is one of the natural resources owned by the Indonesian state. Lebak Regency, especially Citorek Village, has natural tourism from the Country Above the Clouds which is currently the center of attention of tourists, the development of the Country Above the Clouds natural tourism has had a positive impact and problems on the surrounding community, especially in Citorek Kidul Village. Thus the need to increase the role of the community and interested parties, especially the government in managing the country & natural tourism above the clouds, so that it becomes a tourist attraction that attracts tourists so as to increase the economic growth of the Citorek community. The author is interested in researching how the role of the village government in managing the country & natural tourism above the clouds in the village of Citorek Kidul Lebak Banten based on Regional Regulation Number 2 of 2016 concerning the Implementation of Tourism? and what is the licensing procedure for the management of natural tourism in the country above the clouds in the village of Citorek Kidul Lebak Banten based on Regional Regulation Number 2 of 2016 concerning the Implementation of Tourism?This study used an empirical juridical method with descriptive analytical research specifications. The data used in this study are secondary data supported by primary data in the form of interviews with the Head of the Tourism Destination Division of Lebak Regency and the Head of the Citorek Kidul Village who were analyzed descriptively qualitatively.The results of this study indicate that the role of the village government in managing natural tourism is still not optimal because the principle of independence and the principle of equality in Regional Regulation No.2 of 2016 concerning the Implementation of Tourism has not been fulfilled and there are several inhibiting and driving factors in the licensing process, the inhibiting factor is the source. Human power, namely the lack of understanding of the OSS system is still not evenly studied by the village community, the lack of facilities and infrastructure and lack of budgets, while the driving factor is the potential for tourism, namely the natural tourism of the country above the clouds which has the charm of a cloud that is witnessed on the mountain. sublime has a tourist attraction, community cooperation as social capital for the growth of natural tourism in the megeri above the clouds is formed by the presence of pokdarwis, support and motivation from the village government.
Efektifitas Penegakan Hukum Tindak Pidana Cyber Gambling Endorsement Di Indonesia Jendraningrat, Bintang Artsena
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 1 Agustus 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i1.11333

Abstract

Cyber crime or criminal action in the internet network is not a new thing in Indonesia, one of which is Cyber Gambling Endorsement. One of the factors is the rise in criminal acts due to the existence of endorsement activities which are very prevalent on social media or on certain sites on the internet. And this is certainly included in the qualifications or elements of online gambling crime and contained with Article 45 paragraph (2) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning about Electronic Information and Transactions, where this Endorsement activity refers to the distribution or transmitting the gambling-laden site it self, so that it can be freely accessed by many people in individual or groups in Indonesia. In this study the authors used an empirical research method with data collection which was then used to answer the problem formulation, namely official documents, legislation, literature or official books, interviews, and also taking online questionnaires. The data analysis used is descriptive analytical, the analysis used is a qualitative approach to primary data and secondary data. The purpose of this study is to analyze the factors that cause the occurrence of many crimes of Cyber Gambling Endorsement in Indonesia and also what are the efforts of law enforcers in dealing with criminal acts of Cyber Gambling Endorsement in Indonesia and what obstacles are then faced by law enforcers in Indonesia.
Kewenangan Pengelolaan Wisata Alam Sebagai Destinasi Wisata Daerah di Wilayah Kecamatan Padarincang Kabupaten Serang Berdasarkan Peraturan Daerah Nomor 8 Tahun 2014 tentang Rencana Induk Pembangunan Kepariwisataan Kabupaten Serang Tahun 2014-2025 Iqbal, iqbal iqbal; Fasyehhudin, Mohammad
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 2 Desember 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i2.12303

Abstract

Padarincang sub-district has tourism potential because it has good natural resources, including many mountains and very large rivers so that there are many natural attractions. The existence of this potential provides opportunities for tourism management to local governments and the community to increase natural tourism in Padarinenag sub-district so that it becomes a leading tourist destination in Serang Regency and has an impact on the welfare of the community. This potential must be followed by better management, therefore this study will discuss about how to manage natural tourism as a regional tourist destination in the Padarincang sub-district based on Serang district regulation number 8 of 2014 ?. What are the obstacles for the attacking district government in exercising its authority over the management of natural tourism as a regional tourist destination in the Padarincang sub-district area? The research method used is juridical empirical, namely research that sees law as a rule in society to be obeyed, with descriptive analysis specifications that discuss the management of natural tourism as a regional destination in the Padarincang sub-district which is sourced from primary data through field research and primary legal materials, namely legislation. -laws, books, journals of legal science, as well as other library materials that are analyzed juridically analytic. The results of this study, that the Serang Regency Tourism Office is tasked with managing the tourism of the serang regency area with the aim of increasing the prosperityand walfare of the serang regency area. The management of natural tourism carried out by the Serang Regency Tourism Office on natural tourism in the Padarincang District area is already good and is in accordance with the duties and functions based on Regional Regulation Number 8 of 2014 concerning Serang Regency tourism development master plan in 2014-2025. However, in carrying out its management there are a few obtstacles and this is an obstacle to natural tourism in order to become a superior and enchanting tourism destination. Thus the Tourism Office must improve its performance in managing tourist destinations on the chat, especially eliminhating these obstacles.
Efektivitas Pembatasan Sosial Berskala Besar di Wilayah Kabupaten Tangerang Berdasarkan Peraturan Pemerintah Nomor 21 Tahun 2020 Tentang Pembatasan Sosial Berskala Besar dalam Rangka Percepatan Penanganan Corona Virus Disease 2019 Syahdin, Bilal; Fasyehhudin, Mohamad
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 1 Agustus 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i1.11432

Abstract

Indonesia is a constitutional state based on the provisions of Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia which reads that the State of Indonesia is a constitutional state. The Indonesian government issued a policy for the response to the Covid-19 Pandemic disaster, namely by ratifying Government Regulation Number 21 of 2020 concerning Large-Scale Social Restrictions in the Context of Accelerating the Handling of Corona Virus Disease 2019 (Covid-19). This is the background for the imposition of large-scale social restrictions in the Tangerang Regency area in early March 2020, with 43 confirmed Covid-19 cases and 468 suspected Covid-19 cases. The Government of Tagerang Regency has proposed large-scale social restrictions to the Minister of Health and this has been approved by the Minister of Health with the Decree of the Minister of Health Number. HK.01.07 / MENKES / 249/2020. Researchers are interested in examining the effectiveness of large-scale social restrictions in the Tangerang Regency area based on Government Regulation Number 21 of 2020 concerning Large-Scale Social Restrictions in the Context of Accelerating the Handling of Corona Virus Disease 2019 (Covid-19)? and What is the social impact of large-scale social restrictions in the Tangerang Regency area on the handling of Covid-19?This research uses normative juridical and sociological empirical methods, using descriptive analytical research. Using primary data sourced from the field in the form of interviews with the Tangerang Regency Office and the Tangerang Regency Covid-19 Handling Task Force, secondary data sourced from laws, official documents, and books related to the object of research. Data collection techniques using library research and field research in the form of direct interviews. As well as data analysis using qualitative juridical analysis using the data obtained and analyzed in the form of sentences.Based on research data, the author can be obtained through direct interviews with the Tangerang District Health Office and the Covid-19 Handling Task Force which should be in large-scale social restrictions, the Tangerang Regency government should socialize and apply strict sanctions and rules in accordance with the Tangerang Regent Regulation, so that the public can discipline to do 3M, namely washing hands, maintaining distance, and wearing masks and not violating health protocols. 
Perlindungan Hukum Terhadap Anak Korban Tindakan Pemaksaan Persetubuhan yang dilakukan oleh Anak (Studi Kasus : Putusan Nomor 13/Pid.Sus-Anak/ 2019/ PN.Srg) Gunawan, Andre; Ridwan, Ridwan
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 2 Desember 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i2.11966

Abstract

Losses caused by acts of sexual intercourse, of course, affect the psychological and psychological aspects of children who are victims of sexual intercourse, legal protection is the main thing for children to receive legal assistance such as compensation and restitution and medical assistance that has been regulated in laws and regulations, judges in deciding cases of course must look at the sources of law in force today, the opinions of experts and jurisprudence, so that what the victim needs can be fulfilled. Based on this background, the problems studied in this study are legal protection for children who are victims of forced sexual intercourse by children (case study: Decision Number 13/pid.sus-anak/ 2019/pn.srg) and the legal protection provided. by law enforcement or related institutions in this case the Witness and Victim Protection Agency to victims of forced intercourse. the results of interviews in the field, indeed the victims did not apply for restitution. According to the public prosecutor's opinion, restitution was not requested in the Aries case, so it was not included in the charge which was later not included in the judge's decision. The consideration of the public prosecutor not to include a claim related to compensation is that the victim did not ask for compensation and already considered what happened as fate. The research used is a qualitative normative juridical research. This research is descriptive analysis. data source is secondary data then analyzed qualitatively. This research is descriptive analysis. The results of the research show that Decision Number 13/Pid.Sus/2019/PN.Srg has not provided legal protection for victims of forced intercourse. This can be seen in the absence of restitution or compensation for victims in the decision. The judge's decision is more oriented towards punishment for the perpetrators, but has not considered the restoration of the rights of the victims. Even though the regulation of victim protection already exists, in law enforcement this case still uses the paradigm of punishment for the perpetrator without the fulfillment of the victim. Legal protection for children who are victims of forced intercourse is necessary because the state has guaranteed protection for its citizens and laws and regulations have regulated legal protection for every community who is in conflict with the law. for the sake of creating justice and welfare for the community, law enforcement officers in this case the panel of judges in deciding cases should pay attention to the applicable laws and regulations, so that in deciding cases in court the creation of a just law, legal protection can be realized if law enforcement can be applied by law enforcers. law.
Analisis Efektivitas Kebijakan Perlindungan Lahan Pertanian Pangan Berkelanjutan Terhadap Ketahanan Pangan di Daerah Kabupaten Pandeglang Octavianti, Yosi Eka; Nurikah, Nurikah
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 1 Agustus 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i1.11343

Abstract

The government has published a regulatory of act number 41 in 2009 on The Protection of Sustainable Food Agricultural Land (LP2B) as effort to protect perennial agricultural land. It’s hoped will halt the conversion of rice fields, especially with technical irrigation can sustain regional food security to the Nation. In administration, this law has obstacle process or covering space; planning determination and can be said not to run as it should, that a comprehensive evaluation of the performance is required.The method used in this study is empirical juridical based on qualitative data approaches that come from primary data through interviews and field research on agricultural services pandeglang county's for data could be analyzed and result of discussions in research.The study of the writing requires a regulation of LP2B region and an evaluation to see how its effectiveness is connected with the various regulations that have been drafted. The mandate in act number 41 in 2009 began when planning came to completion. The data inventory efforts in planning of setting up the zoning became necessary by the government especially the region government of pandeglang district through agricultural services as a technical executioners. 

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