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Contact Name
Yoan Nursari Simanjuntak
Contact Email
yoan@staff.ubaya.ac.id
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0312981128
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Editorial Address
Fakultas Hukum Universitas Surabaya, Jl. Raya Kalirungkut - Surabaya 60293
Location
Kota surabaya,
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INDONESIA
Jurnal Yustika: Media Hukum dan Keadilan
Published by Universitas Surabaya
ISSN : 14107724     EISSN : 26557479     DOI : http://doi.org/10.24123/yustika
Core Subject : Social,
The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law;, Medical Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 18 Documents
Kedudukan Jaksa sebagai Pengacara Negara dalam Lingkup Perdata dan Tata Usaha Negara Yusuf, Muhammad; Sampurno, Slamet; Hasrul, Muhammad; Arisaputra, Muhammad Ilham
Jurnal Yustika: Media Hukum dan Keadilan Vol 21 No 02 (2018): Jurnal Yustika: Media Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/yustika.v21i02.1500

Abstract

The term Prosecutor as a state lawyer is not clearly stated in the Prosecutor's Law. Implementation of the functions of the Prosecutor as state attorney in the civil and administrative sphere of the state follows the flow and procedures for settlement of civil disputes and state administration in general. To optimize the implementation of the Prosecutor's function as a state lawyer, the Prosecutor must be provided with education and training regarding civil law and constitutional law/state administrative law. Therefore, the institutionalization of the State Attorney Attorney is also needed so that if a lawsuit involving the interests of the state occurs, there will be no difficulty in appointing and determining the Prosecutor acting as the State Attorney.
PRESIDEN MEMBAWAHKAN KEPOLISIAN NEGARA Sugitario, H. Eko
Jurnal Yustika: Media Hukum dan Keadilan Vol 14 No 1 (2011): Jurnal Yustika : Media Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Surabaya

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Abstract

State Constitution of 1945, Republic Indonesia, herein after called Conti.titution 1945 and be concised UUD 1945. Article 10 determine that "President holds 9 highest authority of-?infantry, navy, and air force. On the dated of first July, 1946 determined Government decision number l//SD/1946 about Formation of State Police Division. in the decision mention above also be determined that State Police responsible directly to Ministery up to now on first July known as Bhayangkara day.  After revalidated UUD 1945, based on Dekrit Presiden 1959,_ so determined ordinance number 13 year 1961 about Main Decisions of State Police, that in article 6 determined "President holds a highest authority of state police".  Before that, also it has President decision number 21 year 1960 which the content is, to hold or form Ministery's duty/ Head of State Police. Based on article 10 UUD 1945 and article 6 ordinance number 13 year 1961, so President holds a highest oj infantry, navy and air force, also state police. Then,-ordinance number 13 year 1961 had been changed with ordinance number 28 year 1997 about State Police Republic indonesia, in article 8 (1) determined that" State Police of Republic Indonesia under President". Therefore, based on ordinance number 13 year 1961, ordinance number 28 year 1997, and ordinance number 2 year 2002 are very clear that President is in charge to State Police of Republic Indonesia.
Peran Lembaga Manajemen Kolektif Sebagai Bentuk Perlindungan Hukum Pencipta Lagu Dan Pemilik Hak Terkait Hernawati, Elly
Jurnal Yustika: Media Hukum dan Keadilan Vol 22 No 01 (2019): Jurnal Yustika: Media Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/yustika.v22i01.1997

Abstract

Copyright is one of the Intellectual Property Rights components and should be paid attention to. Even more in technology era that developing, copyright protection needed to be enhanced, so that the right of creator, Copyright holder or owner of relevant rights can be protected and urge people to create. Indirectly, good and healthy business climate could be fostered.  Not all people have skill to create, that is why those people who have skill to create must be protected and even awarded, hoping that people urged to create. One of the creations that protected are song and music. In creating song or music, creator involve recording producer, music director or arranger. Regarding the creation, creator holds moral and economy rights, while parties involved hold the relevant rights to it. Collective Management Agency is an agency that help creator or relevant rights owner in managing and distributing the creation which is song or music that being commercialized. Yet the creator must be the member of the agency beforehand. Commercialization of a song or music by user can rise problem. Protection to the song or music is for the whole thing, including lyric, notation, arrangement and song title. The utilization of a song or music should be still protecting the parties that hold the copyright and the relevant right to it.
PERTANGGUNGJAWABAN PIDANA RUMAH SAKIT ATAS TINDAKAN TENAGA KESEHATAN MENURUT UU NO.44 TAHUN 2009 Christianto, Hwian
Jurnal Yustika: Media Hukum dan Keadilan Vol 14 No 1 (2011): Jurnal Yustika : Media Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Surabaya

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Abstract

The Law Number 44, 2009 explicitly regulates that C! hospital must be responsible lawfully of all disadvantages caused by medical crew. It means that the hospital may not reject every law-claims proposed by the customers. This measurement gives protection of law's problem of the patients in one side, and it also intends the hospital to operate more professional. The question is, how far the hospital shall be responsible for all disadvantages. That's why the understanding of corporate responsibility is very important for applying its law measurement. This thing is quite related to the hospital as a corporation, according to its characteristics. The concept oj hospital's criminal-responsibility, could be applied in disadvantages which is caused by itself or by the law protection in itself
Kedudukan Pelaku Usaha dan Konsumen dalam Hukum Perlindungan Konsumen (Produk Mi Soun Mengandung Klorin) Lumban Gaol, Heru Saputra; Prawitasari, Fransisca Yanita
Jurnal Yustika: Media Hukum dan Keadilan Vol 21 No 02 (2018): Jurnal Yustika: Media Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/yustika.v21i02.1720

Abstract

Food is one of the primary needs of humans. In terms of producing food, it cannot be completely separated from the use of Food Additives. Article 1 paragraph (1) of Law Number 33 Year 2012 concerning Food Additives determine Food Additives are ingredients added to food to affect the nature or form of food. This indicates that  Food Additives may affect the quality of the product. In practice, not all Food Additives are used by sellers safe for consumers' health. In fact, Article 4 letter a of Law Number 8 of 1999 concerning Consumer Law determines that consumers have the right to conveniences, security and safety in consuming goods and/or services. This is also in line with the seller's obligations that specified in Article 7 of the Consumer Law. A several cases of chlorine additives on mi soun at Klaten, Jember, and Jambi show a lack of awareness of sellers and consumers in recognizing which food additives are harmful for health. Consumer law as a progressive law strives to be a legal means that establish consumer awareness and sellers awareness in order to realize their rights and obligations. Progressive consumer law also indicates a balance between sellers and consumers in harmonizing the principles of caveat venditor and caveat emptor.
PENERAPAN ASAS UMUM PEMERINTAHAN YANG BAIK DALAM PENETAPAN CALON KEPALA DAERAH Soegeng, Henry
Jurnal Yustika: Media Hukum dan Keadilan Vol 14 No 1 (2011): Jurnal Yustika : Media Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Surabaya

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Abstract

To create a corruption-free government could not be done just by establishing Indonesian Corruption Commission (KPK). As one of the most important principles in administrative law state, prevention is better than treatment, the attempt to create a corruption-free government should be done from the very beginning. Since the local government is elected by the people, the first step needed to be done is to make sure that only the corruption case-free people could compete to be the head of local government through an administrative decision of the electoral committee and electoral qualification. This paper is intended to critizise the conditions nowadays, where the corruption case suspects could make their way up to be the head of local government candidates.
Tinjauan Viktimologis Terhadap Tindak Pidana Perdagangan Orang (Human Trafficking) Abdullah, Rahmat Hi
Jurnal Yustika: Media Hukum dan Keadilan Vol 22 No 01 (2019): Jurnal Yustika: Media Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/yustika.v22i01.1958

Abstract

Victims are an important element in the continuation of legal evidence as a victim witness or reporter. As is the case with the problem of human trafficking crime. Victimology with its various kinds of views extends the criminal etiological theories needed to understand the existence of crime as a better structural and non-structural victimization. besides the views in viktimology encourage people to pay attention and serve each party who can be victims of mental, physical, and social. From the explanation of the victim's typology and the factors that led to the crime of trafficking in persons, it was concluded that there were three types of victims of trafficking in persons, namely Latend or Prodisposed Victims who were economic contributors. Participating Victims were victims who because the cause is a low education factor, and False Victims which is being a victim because the cause is a consumptive behavior factor.
KEKUATAN RESOLUSI MAJELIS UMUM PBB (UNGA) DAN DEWAN KEAMANAN PBB (UNSC) SEBAGAI SUMBER HUKUM INTERNASIONAL Tirta, Leovaldi
Jurnal Yustika: Media Hukum dan Keadilan Vol 14 No 1 (2011): Jurnal Yustika : Media Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Surabaya

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Abstract

United Nations General Assembly (UNGA) Resolution as a declaration will be transformed into an international customary that has binding legal force as like other sources of international law. This process is called the 'instant customary of law'. Decisions of the United Nations Security Council (UNSC) have legally binding force based on Article 25 of the Charter. Its decisions have an impact for a country in conflict or dispute to comply and implement so for those states that violate will be given a sanction as regulated in the UN Charter.
Rekonstruksi Budaya Hukum Berdimensi Pancasila dalam Upaya Penegakan Hukum di Indonesia Mahanani, Anajeng Esri Edhi
Jurnal Yustika: Media Hukum dan Keadilan Vol 22 No 01 (2019): Jurnal Yustika: Media Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/yustika.v22i01.1954

Abstract

The issue of weak law enforcement in Indonesia is indeed not a new issue, but this issue has still not been resolved until now. The purpose of this discussion is to find the ideal law enforcement model in accordance with national values. First, the discussion of this article will look at the correlation between law enforcement and the legal system which ultimately can be concluded that law enforcement always correlates with the optimal legal system at work, namely legal structure, legal substance and legal culture. One of these sub-systems does not work properly and optimally, so the ideals of ideal law enforcement will not be achieved easily. This paper then discusses the hypotheses of the three law enforcement subsystems, in fact that legal culture being the main factor, namely the determination of other subsystems. A good legal culture will encourage legal structures to form substantive norms and implement legislation with responsibility. Next discussed is the determination of the reconstruction model of legal culture that has the Pancasila dimension. Pancasila in this case becomes a filter in reconstruction the legal culture in order to enforce the law in accordance with the original noble values ??of the Indonesian nation. Bad habits in the community should not be interpreted as a noble culture of the nation.   Keywords: ?legal structure?, ?legal substance?, ?legal culture?, ?reconstruction?, ?Pancasila?
ASAS-ASAS UMUM KEBIJAKSANAAN LINGKUNGAN DALAM UNDANG-UNDANG NO. 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP (UUPPLH) Efendi, A'an
Jurnal Yustika: Media Hukum dan Keadilan Vol 14 No 1 (2011): Jurnal Yustika : Media Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Surabaya

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Abstract

The function of environmental law in action to protect the environment is to place environmental policy in environmental legislation. In order to make environmental legislation effective ini action based on general principles of environmental policy, they are abatement at the source, best practicable means/best technical means, polluter pays principle, stand still principle, Principle oj regional differentiation and shifting of burden of proojlhet beginsel van de omkering van de bewijslast.

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