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RENEWAL OF LEGAL POLITICS OF INTERNATIONAL AGREEMENTS CONCERNING INDONESIAS LOAN AGREEMENT TO ACHIEVE SUSTAINABLE DEVELOPMENT

Sumartini, Siti

Yustisia Jurnal Hukum Vol 7, No 1: JANUARY - APRIL 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

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Abstract

The government loan agreement is a tool or mechanism to generate capital, and as a source of national development financing as set forth in the RAPBN framework. However, it is practically reviewed that the status of the foreign loan agreement is inconsistent with existing laws and regulations, in particular Law No.24 of 2000 on the International Agreement (Treaty). In the provisions of the law foreign borrowing is one aspect that is subject to the criteria as an international agreement, whereas in the implementation of the G to G government loan agreement tends to use the international private legal system. In addition, loan agreement clauses often do not accommodate the debtor countrys interest in realizing sustainable development. Therefore, a legal political renewal related to the loan agreement is required to fulfill the legal certainty element and can accommodate the national interest.

WHY VILLAGE FUND NOT YET PROMOTING ENVIRONMENTAL SUSTAINABILITY? AN EMPIRICAL STUDY OF VILLAGE FUND INCENTIVES IN CENTRAL JAVA PROVINCE, INDONESIA

., Djuwityastuti, Astuti, Wida

Yustisia Jurnal Hukum Vol 7, No 1: JANUARY - APRIL 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

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Abstract

One of the purposes of granting village funds under Village Law Number 6 year 2014 is to support the rural development through the sustainable use of natural and environmental resources. Based on the statistical data from The Ministry of Finance Republic of Indonesia, the grant of village funding since 2015 has increased for each year. However, based on empirical data in The Central Java Province is still in the allocation for physical development (infrastructure sector) and far from environmental sustainability programs. Through research funded by Sebelas Maret University Surakarta, this article will describe (1) factors that hinder the sustainable environmental development and (2) how the way out that can be applied to support sustainable environmental development for subsequent years.

LEGAL ANALYSIS OF THE USE OF CIRCUMSTANTIAL EVIDENCE THEORY: STUDY OF THE SUPREME COURT DECISION NUMBER 777/Pid.B/2016/ PN JAKARTA PUSAT

Wulandari, Cahya

Yustisia Jurnal Hukum Vol 7, No 1: JANUARY - APRIL 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

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Abstract

As the provisions of Article 183 of the Criminal Procedure Code, the system or theory of proof embraced in Indonesia is a negative evidentiary system of law which, in the case of proof, is based on the evidences established in the law which may provide the judges confidence. Based on the above matter, the existence of Decision Number 777 / Pid.b / 2016 / PN Jakarta Pusat is important to be studied in the judgment. The judge gives the verdict by using circumstantial evidence proof theory. The case was decided entirely using indirect evidence because there was no eye witness or other direct evidence that could prove the indictment. The discussion was conducted using qualitative approach with normative juridical method. Circumstantial evidence is new among practitioners, legal arguments from experts are needed to sharpen the analysis. The juridical review of the use of circumstantial evidence is divided into two categories that are recognized by the KUHAP and which are not recognized. Circumstantial evidence can be a solution for judges in verifying cases that are considered difficult. In a law-based State, the use of circumstantial evidence theory requires the regulation of valid evidence in accordance with the current development of cases.

THE FAILURE OF SETTLEMENT OF HUMAN RIGHTS VIOLATIONS IN INDONESIA AND ITS SOLUTIONS

Patra, Rommy

Yustisia Jurnal Hukum Vol 7, No 1: JANUARY - APRIL 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

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Abstract

Efforts to resolve human rights violations in Indonesia have been failed. It raises the question of the cause of the failure and the solution that must be taken to overcome it. The factors causing the failure of the settlement of human rights violations: (1) weak substance of legislation, especially Law number 26 Of 2000 on the Human Rights Court; (2) issues of authority and institutional relationships that are not synergistic especially between Komnas HAM and the Attorney General; (3) weak political will from the Government. The solution offered in overcoming the failure of the completion of human rights violations: (1) improve the substantial weaknesses in Law number 26 Of 2000 on the Human Rights Court by replacing it through the establishment of a new Act on Human Rights Court; (2) to organize institutional relations between Komnas HAM and the Attorney General in order to be synergistic in handling cases of human rights violations; (3) to re-establish the Truth and Reconciliation Commission (KKR); (4) The ruling government must have strong political will to resolve various cases of human rights violations with the support of civil society groups.

POLITICS OF LAW OF RISK MANAGEMENT APPLICATION IN THE MANAGEMENT OF THE STATE-OWNED ENTERPRISES IN INDONESIA

Prasetio, .

Yustisia Jurnal Hukum Vol 7, No 1: JANUARY - APRIL 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

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Abstract

Risk management within the State-Owned Enterprises (SOEs) is formally regulated; however, risk-conscious cultures have not been seen as strategic needs. Orientation on opportunity, profit growth, and market share still dominate decision making. Risk management is still often considered to hamper the process and slow growth. Risk awareness values are considered important to build and entrenched in an ongoing system so that risk awareness is internalized in every decision-making process. The following descriptions are based on literature studies and empirical experiences the authors describe the ideas and experiences of introducing and building risk awareness culture in the environment of state enterprises in the early stages. UU NO. 1 of 2003 on SOEs does not regulate in detail about risk management on SOEs. The existence of risk management is contained in the Regulation of the Minister of SOE numbered PER-09 / MBU / 2012. This regulation contains amendments to Article 12 paragraph 10 PER-01 / MBU / 2011 concerning the implementation of Good Corporate Governance in State-Owned Enterprises, and is regulated in more detail at the Decree of the Secretary of the Ministry of SOEs No. SK-16 / S.MBU / 2012 on the assessment indicators / parameters and Evaluation of Good Corporate Governance Implementation on SOEs. The legal politics that exist despite their existence, but lacks a strong philosophical meaning because the rules are not supported in detail in regulation at the level of law.

THE REALIZATION OF LEGISTATIVE MEASURE OF THE RIGHTS OF THE CHILD POST-SECOND AMANDEMENT OF THE CONSTITUTION

Rasyid, M Nur

Yustisia Jurnal Hukum Vol 7, No 1: JANUARY - APRIL 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

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Abstract

The government has obligation to protect the rights of the child. In the second amendment of Indonesian Constitution of 1945 in 2000 it was added one chapter, namely Chapter XA on human rights. The rights of the child is incorporated in the Article 28B that stipulated every child entitles to life, growth, develop and to get protection from violence and discrimination.The problem is how the legislative measure of the rights of the child as the implementation of Article 28B. The data were obtained through library research consist of acts related to protection and judiciary of the rights of the child and the related conventions.The result of the research shows that the government has undertaken legislative measures by making act on child protection, Act Number 23 of 2002 on child protection that has been revised as Act Number 35 of 2014, and the second revision by Act Number 17 of 2016  following the Government Regulation substituted  Act Number 1 of 2016. Act Number 3 of 1997 has been revised on Child Judiciary become Act Number 11 of 2012 on Child Criminal Justice System. It needs synchronization of various related regulations and capacity building for the institutions of child protection.

THE IMPLICATIONS OF EXPANDING THE AUTHORITY OF THE PRETRIAL POST-VERDICT JUDICIAL REVIEW OF THE CONSTITUTIONAL COURT IN DECIDING WHETHER IT IS A VALID DETERMINATION OF THE SUSPECT AGAINST LAW ENFORCEMENT AND THE PROTECTION OF THE RIGHTS OF THE SUSPECT

Gumbira, Seno Wibowo, Nurhayati, Ratna, Wahyuni, Purwaningdyah Murti

Yustisia Jurnal Hukum Vol 7, No 1: JANUARY - APRIL 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

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Abstract

The purpose of this study is to determine whether there are implications of expanding the authority of the pretrial post-verdict judicial review of Constitutional Court in deciding whether it is a valid determination of the suspect against law enforcement and the protection of the rights of the suspect. This research belongs to normative research. The results of this study explain that the interpretation method used in pretrial decision  No:04/Pid.Prap/2015/PN.Jak.Sel is the method of discovery of analogy interpretation law (argumentum per analogiam) is wrong, while the legal interpretation method used in the judicial review judgment of the Constitutional Court of the Republic of Indonesia Number 21 / PUU-XII / 2014 is the historical interpretation method (historiche intepretatie) the problem namely, the Constitutional Court has exceeded its original function that is negative legislator became positive legislators form or add a new norm. So that raises the problem that is contrary to the principles of the criminal justice system that is the principle of quick and simple and low budget justice and the principle of litis finiri oportet also inhibits the process of law enforcement settlement.

SPORT DIPLOMACY AND STATE SOVEREIGNTY: CASE STUDY ON INDONESIA’S EFFORT TO GUARD THE SOVEREIGNTY OF PAPUA

Siburian, Erni Eriza, Afriansyah, Arie

Yustisia Jurnal Hukum Vol 7, No 1: JANUARY - APRIL 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

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Abstract

Various efforts are made by Indonesia to maintain sovereignty over Papua. One of the efforts taken by the Government of Indonesia is to conduct sports diplomacy through sports cooperation with Melanesian Searhead Group (MSG) member countries. MSG is one of the most intense international organizations to raise the issue of independent Papua.Through descriptive research with normative juridical approach, the authors examine the rules / legal principles relating to how the role of sports diplomacy as a public diplomacy strategy in maintaining the sovereignty of the state: a case study of Indonesias efforts in maintaining sovereignty in Papua. Based on this, the researchers concluded that sports diplomacy is an important and effective diplomacy tool in maintaining the sovereignty of the state and can create good image of a country where sports can be used as a tool to show togetherness and bring people closer from different background without being associated with differences in race, skin color, religion, or characteristics.

FINDING BEST METHOD FOR CHILD PRISONER MEDIATION IN THE PROCESS OF TRANSITION BACK INTO COMMUNITY IN INDONESIA

Sewu, Pan Lindawaty, Sirait, Yohanes Hermanto, Permanasari, Ai

Yustisia Jurnal Hukum Vol 7, No 1: JANUARY - APRIL 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

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Abstract

Children are the next generation of a state, no exception for child prisoner. There is limitless future for all children in the world, including Indonesia. The problem is, some of child prisoner transform into adult prisoner because their life background makes them hard to rejoin or accepted in any social community. This article aims to examine the best method for child prisoner mediation based on principle of for the best interest of the child. This article is a sociological juridical research, using secondary data and field data as addition. The data collected by using library research and analyzed qualitatively. This article finds that child prisoner mediation will help to provide opportunity for child prisoner and family members or other stakeholder to meet, with the help of a mediator, before release to have an open, honest, and sincere dialogue to prepare for the transition back into the community. The best interest of the child remains as core principle without decreasing other necessary principle in succussing mediation process. Child prisoner mediation is a process of mediation held especially for child prisoner and will restore the future of child prisoner in Indonesia.Keywords: child prisoner; community; mediation

CONSUMER PROTECTION IN DIGITAL ECONOMY ERA : LAW IN INDONESIA

Rosadi, Sinta Dewi, Tahira, Zahra

Yustisia Jurnal Hukum Vol 7, No 1: JANUARY - APRIL 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

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Abstract

Developments in information and communications technology have significantly influenced and changed lives of peoples by  providing  new opportunities for consumers and businesses.  In digital economic era, an increasing number of consumers engage in e-commerce, which provides easier and faster access to products and services However it also presents some challenges for consumers that differ from offline commercial transactions. The impersonality of e-commerce weakens the relationship between businesses and consumers, thereby increasing consumer vulnerability that could lead to  to unfair commercial practices and causing uncertainty and lack of trust by consumers. Therefore,  there is a need by the government and busineese to promte and protect consumer trust in digital markets so it will not hamper development digital economy