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INDONESIA
Yustisia Tirtayasa: Jurnal Tugas Akhir
Published by Universitas Sultan Ageng Tirtayasa
ISSN : 28072863     EISSN : 28071565     DOI : http://dx.doi.org/10.51825/yta
Core Subject : Humanities, Education, Social,
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
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 10 Documents
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Search results for , issue "Vol. 3 No. 1 April 2023" : 10 Documents clear
Akibat Hukum Pewarisan Adat Tunggu Tubang pada Suku Semendo Tsania Manzil Assolich; Talitha Nabilah; Achmad Ichsan Maliki; Wiwin Yulianingsih
Yustisia Tirtayasa Vol. 3 No. 1 April 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i1.17626

Abstract

Inheritance law is actually part of civil law. One of the systems of inheritance for the adat waiting for tubang is implemented in the Semendo Tribe, South Sumatra. The customary inheritance law system in Indonesia is influenced by differences in kinship arrangements in society which are illustrated by the existence of patrilineal, matrilineal and parental systems of descent. Based on this, then it is worth exploring regarding the implementation of the Wait Tubang inheritance in the Semendo Tribe in the customary inheritance system in Indonesia as well as legal consequences for assets and their heirs. This research is an urgency to be carried out, in order to provide an understanding of legal certainty regarding the customary inheritance system from a civil or nationally applicable legal perspective, in which legal certainty can become a provision for further research. This research is normative juridical type. Approach to statutory regulations and concept approach used in this study. The results of the study found that the application of the legal system of customary inheritance for the Semendo tribe is inherent in the matrilineal descent system, where the first daughter is "waiting for tubang". The oldest son is only a companion for 'Apik Jurai' or as a supervisor of the heirs for his inheritance. The legal consequence is that it is attached to the female heir. This is inversely proportional to the position of women in civil law in Indonesia, which can actually be categorized as incapable of law as referred to in Articles 105 and 108 of the Indonesian Civil Code. The customary law inheritance system in Indonesia, including the Tunggu Tubang, must be given specific legal protection by the government as well as supervision. The community must understand more about the diversity of customs in Indonesia. The legal position of customary inheritance thus becomes an urgency for legal certainty to be more secure.
Implementasi Pembangunan Zona Integritas di Banten Berdasarkan Peraturan Menteri Hukum dan HAM Nomor 29 Tahun 2019 tentang Pembangunan Zona Integritas Menuju WBK dan WBBM Lisa Rachmawati; Nurikah Nurikah; Rila Kusumaningsih
Yustisia Tirtayasa Vol. 3 No. 1 April 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i1.13152

Abstract

The bureaucracy in this developing country has not positioned itself as a good servant to the community. Maladministration that often occurs in the realm of government makes the bureaucracy in Indonesia bad. The number of corrupt practices in public services encourages the government to be more active in bringing up various regulations in the wrong bureaucracy with the issuance of Minister of Law and Human Rights Regulation Number 29 of 2019 concerning the development of integrity zones towards WBK and WBBM. The zone of integrity is a renewal of good governance for transparency and accountability in the government realm as an effort to prevent acts of corruption, collusion and nepotism. The method used in this research is the empirical juridical method. Specifications of descriptive analytical research. The data source uses primary data and is supported by secondary data consisting of primary, secondary and tertiary legal materials. Data collection techniques in this study by means of interviews. The data obtained were analyzed descriptively with a qualitative data analysis approach. The theory used in this study is the theory of good governance and the theory of law enforcement. The results of the research regarding the implementation of the development of the integrity zone towards WBK/WBBM in the Ministry of Law and Human Rights of the Banten Regional Office in six areas of change have been implemented. The supporting factors include the commitment of the leadership and staff that looks very strong, and the inhibiting factors include weak supervision, lack of IT human resources in making public service innovations. In conclusion, with the implementation of the construction of the integrity zone as an improvement in the quality of public services as a form of obtaining the WBK and WBBM predicates
Kewenangan Dinas Lingkungan Hidup dalam Upaya Pengendalian Pencemaran Laut di Pantai Teluk Labuan Berdasarkan Peraturan Daerah Kabupaten Pandeglang Nomor 4 Tahun 2016 tentang Pengelolaan Sampah Inisa Alfath Amara; Mohamad Fasyehhudin; Ahmad Lanang Citrawan
Yustisia Tirtayasa Vol. 3 No. 1 April 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i1.18536

Abstract

The problem of waste along the coast of Teluk Labuan – Banten continues to be a concern because it is dominated bt household waste. This is caused by the behavior of the local people who like to throw garbage on the banks of rivers and beaches in the hope that the trash will be carried by the currents into the sea. This problem results in sea water pollution and will certainly threaten the diversity of marine life and public health. This study aims to examine the authority of the Pandeglang Regency Environmental Service in managing household waste as an effort to control marine pollution on the fishing port beach fo Teluk Labuan – Banten based on Regional Regulation of Pandeglang Regency Number 4 of 2016 concerning Waste Management and what obstacles it faces. This study uses a juridical-empirical research method. Based on the results of the study, the authority of the Pandeglang Regency Environmental Service in accordance with its main tasks and functions has delegation authority and responsibility in carrying out government tasks in the field of waste management in the Pandeglang Regency area. There are at least 5 (five) inhibiting factors that are felt by the Office in implementing waste management, including low participation and awareness of the community due to the habit of throwing garbage in rivers and coastal areas, limited budget for implementing waste management, lack of facilities and infrastructure, limited resources human resources in internal agencies, and weak law enforcement in society. The input given can be in the form of increasing the active role of the Office in the form of campaigns, counseling, outreach, coaching, supervision and control of waste management, as well as increasing the emphasis on enforcement of environmental law on waste management. In addition to improving waste management infrastructure facilities, reshuffling waste management in accordance with national standards with the 3R principle
Tindakan Balasan atas Persona Non Grata terhadap Pejabat Diplomatik Amerika Serikat oleh Rusia Berdasarkan Vienna Convention on Diplomatic Relations 1961 Ratu Sheeva Amadea; Danial Danial; Surya Anom
Yustisia Tirtayasa Vol. 3 No. 1 April 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i1.15380

Abstract

Between states definitely need one another. Because of these needs, countries create a relationship and it is diplomatic relations. Therelationship was not always good between those countries who met with expulsions, officials commonly referred to as non grata that people often met. The identification of the problem in this research is, Is the Russian Government's Countermeasures Against US Diplomatic Officials Justified by the 1961 Vienna Convention? Is Russia's Application of the Persona Non Grata Principle to US Diplomatic Officials a Violation of the 1961 Vienna Convention?Is Russia's Application of the Persona Non Grata Principle to United States Diplomatic Officials a Violation of the 1961 Vienna Convention? This research uses the Theory of State Sovereignty and the Principle of Reciprocity. The method used in this research is normative juridical method which uses secondary data. Uses descriptive analytics, and further of data collection technique using library research which analyses with qualitative analysis by describing or explaining the subject or object of research. The results of this research are first, Russia's countermeasures carried out by the Russian government against United States diplomatic officials cannot be justified by the 1961 Vienna Convention. Because countermeasures in the form of persona non grata are specifically regulated in Article 9 that states are allowed to carry out persona non grata without any reason and this must be done based on the sovereignty of the country and the principle of reciprocity. Second, the declaration of persona non grata by Russia to United States Diplomatic Staffs lies in several violations of the 1961 Vienna Convention, because in declaring persona non grata stated by Article 9 in means without reason, a state must pay attention to other provisions stipulated in the 1961 Vienna Convention. Basically, Russia abuses the declaration of persona non grata against a sending country because a sending country must be based on several criteria for violating actions and paying attention to other provisions of the Convention in order to maintain relations between countries and international peace.
Back Matter Vol. 3 No. 1 April 2023 chaula luthfia
Yustisia Tirtayasa Vol. 3 No. 1 April 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i1.19619

Abstract

Implementasi Perjanjian Internasional dalam Penyelesaian Sengketa Batas Laut Zona Ekonomi Eksklusif antara Indonesia dan Vietnam Rifda Ayu Akmaliya; Ida Ayu Rosida; Ega Permatadani; Sonia Amelia; Anang Dony Irawan
Yustisia Tirtayasa Vol. 3 No. 1 April 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i1.18808

Abstract

This study examines the actions or implementation of international treaty policies in resolving maritime boundary disputes of the Exclusive Economic Zone between Indonesia and Vietnam. The main cause of this dispute is a conflict of interest and goals. because the location of the sea boundaries between the two countries is very strategic. The purpose of this study is to determine the policy of the Indonesian state in resolving dispute cases with Vietnam related to the boundaries of the Exclusive Economic Zone based on regional law and international law, knowing the role of international agreements in resolving disputes. The method used is normative juridical research with a statutory approach and analyzing primary and secondary legal sources. The results of this study indicate that Indonesia-Vietnam resolves disputes through peaceful means, namely by means of mediation and negotiation in which each country agrees to determine maritime boundaries and bind itself in accordance with the basic role of international law of the sea, international agreements regarding bilateral cooperation relations from various fields.
FRONT MATTER Vol. 3 No. 1 APRIL 2023 chaula luthfia
Yustisia Tirtayasa Vol. 3 No. 1 April 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i1.19620

Abstract

Pemberian Sanksi bagi Anak Korban Perkosaan Incest yang Melakukan Aborsi (Studi Kasus Putusan Nomor : 5/Pid.Sus-Anak/2018/PN.MBN) Dinda Tania Wardani; Anajeng Esri Edhil Mahanani
Yustisia Tirtayasa Vol. 3 No. 1 April 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i1.16706

Abstract

Kids are the following technology of the country whose rights have to be included, the state has provided a legal umbrella as stipulated in regulation wide variety 23 of 2002 regarding child safety, and regulation wide variety 11 of 2012 regarding the kid crook Justice device. In the current era, there are many problems in Indonesia related to children as victims of sexual crimes where children must be protected, especially as victims and have not been able to account for the law. One of which is in the districtl court docket range : l5/Pid.Sus-child/2018/PN.MBNl the case of the crime of abortion. A 15 year old child is sentenced to commit an abortion against a child in the womb, a child has an abortion due to an 18 year old sibling. The punishment given by the judge to a child victim of rape is contrary to Article forty eight of the crook Code. Where a children sufferer of rape is requested to be held criminally accountable. consequently, this have a look at will speak a way to modify abortion from rape in step with fine regulation in Indonesia, the way to shield kids who are abortionists on account of incestuous rape.The approach used on this examine is a normative juridical approach. This research data was obtained through primary data, namely the decision of the district court number: 5/Pid.Sus-Child/2018/PN.MBN. This research aims to present a situation or formulate a problem according to the available data. Therefore it is clear that this study (Study Number: 5/Pid.Sus-Anak/2018/PN.MBN) uses normative legal procedures with the aim of obtaining a clear picture regarding the judicial review of criminal convictions against minors who are victims of criminal acts incestuous rape who underwent an abortion.Thel effects of thisl take a look at imply that the selection wide variety : 5/Pid.Sus-child/2018/PN.MBN is still contradictory, a child who is still 15 years old is sentenced to commit the crime of abortion against a child in the womb. The child had an abortion because of his older brother. The punishment given by the judge to a child victim of rape is contrary to Article forty eight of the crook Code. In which a child sufferer of rape is asked to be held criminally responsible
Implementasi Standar Pelayanan Minimal Bus Antarkota dan Antarprovinsi di Terminal Purabaya Tahun 2021 Miftahus Surur; Helmy Boemiya
Yustisia Tirtayasa Vol. 3 No. 1 April 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i1.18888

Abstract

Indonesia based on its geographical location consists of 13,667 islands, this condition encourages and is the reason for the use of adequate means of transportation. East Java province there are types of public transportation. Law No. 22 of 2009 concerning road traffic and transportation in article 141 regulates minimum service standards which are further regulated in Permenhub No. 98 of 2013 and its amendments in Permenhub 29 of 2015. Service standards include security, safety, comfort, affordability, equality and regularity in running the AKAP bus. However, there are still problems in running public transportation that trigger the cause of road accidents. On the basis of these problems raises two problem formulations. What is the form of implementation of minimum service standards for transportation of people with public motorized vehicles on the route at the Purabaya terminal, and how effective is the implementation of minimum service standards for inter-city and inter-provincial buses at the Purabaya terminal.The type of research used is empirical legal research, research focuses on legal issues that are the reason for this research, the problems discussed in this research are vague of norm, and legal sociology approach and conceptually sourced from primary data and secondary data which are then concluded in the process of data analysis.The results of this study indicate that the implementation of minimum service standards is implemented at the Purabaya terminal with several other components, namely route permits, motor vehicle feasibility tests (KIR) and KPS (supervision cards). As well as the effectiveness in its application in terms of several approaches, including the target approach, source approach, and process approach, there are still several components that are not yet effective.
Perlindungan Hukum terhadap Nasabah BTPN Jenius akibat Tindakan Phishing (Studi Kasus Bank Tabungan Pensiunan Nasional Jenius) Yosefine Yosefine; Rani Sri Agustina; Dede Agus
Yustisia Tirtayasa Vol. 3 No. 1 April 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i1.17650

Abstract

This article discusses phishing activities that have led to allegations of leakage of personal data from Jenius customers, which is one of the digital banking applications from the National Pension Savings Bank (BTPN). This phishing activity causes the loss of customer deposits in the Jenius application. Law Number 10 of 1998 concerning Banking and Law Number 19 of 2016 concerning Information and Electronic Transactions are used as references in this study. The purpose of this study is to identify and analyze legal protection for customers and to identify and analyze the legal responsibilities given by banks to customers. The research method used is normative juridical through legislation approach, conceptual approach, case approach and qualitative descrptive analysis. The source of the data used is secondary data in the form of library research and is supported by primary data obtained by interview. Based on the research results, the legal protection provided to customers is by applying the principle of confidentiality by banks as regulated in Law Number 10 of 1998 concerning Banking, although the Banking Law does not regulate in detail regarding digital banking. Phishing activities themselves have been regulated and threatened in Law Number 19 of 2016 concerning Information and Electronic Transactions. The responsibility given by the bank is to provide complaint services and carry out inspections/investigations as well as assist customers in finding solutions for losses suffered by customers

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