Yustisia最新文献_第4页

Preventing The Illegal Trade of Smuggling Small Arms And Light Weapons (SALW) through UNPoA in Indonesia 防止通过联合国行动纲领在印度尼西亚走私小武器和轻武器非法贸易

Yustisia Pub Date : 2021-12-23 DOI: 10.20961/yustisia.v10i3.54717

Ni Gusti Agung Ayu Mas Triwulandari, Putu Eva Ditayani Antari

{"title":"Preventing The Illegal Trade of Smuggling Small Arms And Light Weapons (SALW) through UNPoA in Indonesia","authors":"Ni Gusti Agung Ayu Mas Triwulandari, Putu Eva Ditayani Antari","doi":"10.20961/yustisia.v10i3.54717","DOIUrl":"https://doi.org/10.20961/yustisia.v10i3.54717","url":null,"abstract":"Action is needed to combat the illegal trade of Small Arms and Light Weapons (SALW) because transnational crime is not easy to commit. However, internal conflicts make Indonesia more vulnerable to firearms smuggling, considering its geographical conditions and weak supervision at the border. Consequently, the government cooperates with neighboring countries to maintain national integrity and safety. Also, the government is active in the international regime to deal with illegal trade of SALW through the United Nations Program of Action. This study is legal research by incorporating primary, secondary, and tertiary data. The results showed that Indonesia's position in the United Nations Program of Action helps prevent firearms smuggling and increase capacity-building assistance.Furthermore, the government collaborates with the Ministry of Foreign Affairs and amends and revises Law Number 8 of 1948 concerning Registration and Granting of Permits for the use of Firearms to prevent illegal trade of SALW. In the regional scope, similar collaboration is also conducted with Southeast countries. This is supported by implementing the PoA to Combat Transnational Crime by holding the ASEAN Ministerial Meeting on Transnational Crime (AMMTC). In the international scope, the United Nations Convention Against Transnational Crime and its three protocols were introduced to eradicate the illegal trade of SAWL.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47047145","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The International Criminal Court Jurisdiction Towards The Deportation Issues In Myanmar 国际刑事法院对缅甸驱逐出境问题的管辖权

Yustisia Pub Date : 2021-12-23 DOI: 10.20961/yustisia.v10i3.54279

Bugivia Maharani Setiadji Putri, S. Sefriani

引用次数: 0

Examining the Agreement Object as Good Deeds from the Consequentialism and Deontology Perspective 从后果论和道义论的角度考察协议对象的善意行为

Yustisia Pub Date : 2021-12-23 DOI: 10.20961/yustisia.v10i3.56519

T. Rahman

引用次数: 1

Blockchain-Based Smart Contract: Advancing Digital Consumer Protection and Preventing Private International Law E-Commerce Cases 基于区块链的智能合约:推进数字消费者保护，预防国际私法电子商务案件

Yustisia Pub Date : 2021-12-23 DOI: 10.20961/yustisia.v10i3.54891

Tresnawati Tresnawati, Angelina Marlina Fatmawati

{"title":"Blockchain-Based Smart Contract: Advancing Digital Consumer Protection and Preventing Private International Law E-Commerce Cases","authors":"Tresnawati Tresnawati, Angelina Marlina Fatmawati","doi":"10.20961/yustisia.v10i3.54891","DOIUrl":"https://doi.org/10.20961/yustisia.v10i3.54891","url":null,"abstract":"Blockchain has functioned as a ledger that decentralizes controls with immutable and irreversible character and have the potential to overcome the deficiency of traditional contracts, especially in today’s digital era such as the e-commerce industry. Unfortunately, although famous to be used for blockchain and smart contracts have not been applied widely in Indonesia and there is no regulation that specifically regulates the use of blockchain technology and smart contracts. This article will analyze the application of smart contracts to escalate consumer rights in e-commerce services. This research showed that the self-executory characteristic of smart contracts helps the consumer to have an equal bargaining position with businesses actors in determining the contents of the contract. In response to those curative efforts, the smart contract will be advantageous as a preventive scheme for PIL cases. The self-executory character of the smart contract will prevent many PIL cases which are potentially occurred. The immutable nature of blockchain records will also be helpful for any dispute settlement scheme. This might be led to the tendency that international e-commerce cases should not be litigated or to be set for an arbitration tribunal. Those international e-commerce cases might not require settlement of judicative branch and may be settled at the administrative level. Consequently, this would create a more effective and efficient settlement, both in time and money. Those advantages have made blockchain-based smart contracts will be prospective in Indonesia, in the upcoming future","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44675055","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

MISCONCEPTIONS ON THE CONCEPT OF MEDIATION AND CONCILIATION IN THE ACT ON INDUSTRIAL RELATIONS DISPUTES SETTLEMENT 《劳资关系纠纷解决法》中对调解概念的误解

Yustisia Pub Date : 2021-08-28 DOI: 10.20961/yustisia.v10i2.48667

M. Zamroni

引用次数: 2

LEGAL AND HEALTH PROTECTION FOR CREATIVE ECONOMY ACTORS DURING THE COVID-19 PANDEMIC 2019冠状病毒病大流行期间对创意经济行为者的法律和健康保护

Yustisia Pub Date : 2021-08-24 DOI: 10.20961/yustisia.v10i2.49975

Andina Elok Puri Maharani, E. Gravitiani, N. Purwaningtyas, Tika Andarasni Parwitasari, Ayub Torry Satriyo Kusumo, Heri Hartanto, Kusmadewi Eka Damayanti

{"title":"LEGAL AND HEALTH PROTECTION FOR CREATIVE ECONOMY ACTORS DURING THE COVID-19 PANDEMIC","authors":"Andina Elok Puri Maharani, E. Gravitiani, N. Purwaningtyas, Tika Andarasni Parwitasari, Ayub Torry Satriyo Kusumo, Heri Hartanto, Kusmadewi Eka Damayanti","doi":"10.20961/yustisia.v10i2.49975","DOIUrl":"https://doi.org/10.20961/yustisia.v10i2.49975","url":null,"abstract":"This research examined Covid-19 from the perspective of legal and health protection by regional governments. Generally, regional governments are at the front line in protecting communities in this autonomy era due to their constitutional obligations. Data also shows that the creative economy actors in the micro, small, and medium business sector constitute over 90% of the workforce, necessitating their protection. This research used empirical-juridical research with an interdisciplinary approach examined the legislation and the community's reality. A Focus Group Discussion (FGD) was conducted with relevant stakeholders and creative economy business actors in Surakarta, Bandung, and Madiun cities. Furthermore, concepts of legal, health, and economic theories were reviewed to formulate a regional government policy draft regarding these business actors during the Covid-19 emergency. The results showed an existing form of legal protection regulation related to health and the economy at the national level. However, three big cities (Bandung, Madiun, and Surakarta) representing three provinces as research objects are yet to provide regional regulations concerning protection for creative economy actors, though the local government has encouraged an increase in their activities","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46423341","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

TRACING THE CRIMINAL POLICY ON CASTRATION AND COMMUNITY RESPONSE 追溯阉割的刑事政策及社会反应

Yustisia Pub Date : 2021-08-24 DOI: 10.20961/yustisia.v10i2.51730

M. Panggabean

{"title":"TRACING THE CRIMINAL POLICY ON CASTRATION AND COMMUNITY RESPONSE","authors":"M. Panggabean","doi":"10.20961/yustisia.v10i2.51730","DOIUrl":"https://doi.org/10.20961/yustisia.v10i2.51730","url":null,"abstract":"The act of chemical castration is now one of the sanctions in Indonesia's positive law. However, it is still limited to child protection based on Law Number 17 of 2016, which can be imposed on perpetrators of sexual crimes against children if the victim is more than one person, is seriously injured, has mental disorders, suffers from infectious diseases, reproductive system disorders, and lose their life. This paper analyzes criminal policy and people's reactions to castration concerning the objectives of punishment. This research is doctrinal research as prescriptive research using a legal approach regarding legal categories regarding castration, the relationship between rules, difficulties that arise and predicting future developments on criminal policy regarding castration in positive law as one of the new sanctions in the criminal system. The results of the study is that the birth of chemical castration in criminal policy reform is based on a balance between the interests of child victims of sexual crimes and perpetrators of crime, but its existence in positive law does not necessarily make the whole community accept even though the pros and cons of castration are still balanced based on the purpose of punishment based on Pancasila. The recommendations put forward are the need for socialization of castration for all levels of society in a balance between the interests of child victims of sexual crimes and the interests of criminals, increasing non-penal efforts and the application of selective castration sanctions, and providing assistance for child victims of sexual crimes.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44880357","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

NIGERIA-IMF RELATIONSHIP AND ITS IMPACT ON HUMAN RIGHTS AND STANDARD OF LIVING IN NIGERIA 尼日利亚与国际货币基金组织的关系及其对尼日利亚人权和生活水平的影响

Yustisia Pub Date : 2021-08-24 DOI: 10.20961/yustisia.v10i2.52365

R. Shafiu, M. A. Salleh

{"title":"NIGERIA-IMF RELATIONSHIP AND ITS IMPACT ON HUMAN RIGHTS AND STANDARD OF LIVING IN NIGERIA","authors":"R. Shafiu, M. A. Salleh","doi":"10.20961/yustisia.v10i2.52365","DOIUrl":"https://doi.org/10.20961/yustisia.v10i2.52365","url":null,"abstract":"This study examines the relationship between Nigeria and the International Monetary Fund (IMF) and also traces its impact on Human Rights and Standard of living. Therefore, it assesses the impact of IMF on Human Rights and the living standards of Nigerians, as it was assumed that Nigeria's relationship with the IMF was the key cause of poverty, social insecurity, economic inequalities and a decrease in people's living standards. Primary data sources, such as official records, newspapers, journals, and books, were used to gather data for research, while the Theory of Human Rights and Dependency Theory was used as the basis for this study. The study discovered that externally enforced economic liberalization does not enhance economic development and degrades government human rights practices. The study also assumed that Nigeria's relationship with the IMF was more detrimental than positive and thus had a direct negative impact on the general standard of living of the people. It was suggested that the government should attempt to diversify the economy, reshape its relationship with international financial institutions, such as the IMF and the World Bank, and provide people with adequate facilities to raise their living standards.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44786055","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

SLAVERY OF INDONESIAN MIGRANT FISHERS: A REVIEW OF REGULATION AND ITS IMPLEMENTATION 印尼移民渔民的奴隶制度：监管及其实施综述

Yustisia Pub Date : 2021-08-24 DOI: 10.20961/yustisia.v10i2.53715

Muhammad Nur

{"title":"SLAVERY OF INDONESIAN MIGRANT FISHERS: A REVIEW OF REGULATION AND ITS IMPLEMENTATION","authors":"Muhammad Nur","doi":"10.20961/yustisia.v10i2.53715","DOIUrl":"https://doi.org/10.20961/yustisia.v10i2.53715","url":null,"abstract":"According to the 2018 Global Slavery Index, migrant workers in the maritime and fisheries industry are as the second-ranked sector with the worst modern slavery practices among other work sectors in the world. This article aimed to analyze why many cases of modern slavery experienced by migrant fishers from Indonesia, and what stakeholders should do to improve the protection system for migrant fishers from Indonesia. The author uses normative juridical research methods. The data collection method used is the literature study. The results of this study found that the high number of cases affecting migrant fishers from Indonesia is caused by various governance weaknesses that have occurred so far. These weaknesses occur both at home and abroad. These weaknesses start from policy to implementation in the field and has resulted in cases of violations against migrant fishers that continue to this day. This paper provides some protection model and recommendations for improving the governance of placement and protection for the migrant fishers, namely: 1. Supervision System Improvement; 2. Improvement of the data collection system for Indonesian migrant fishers; 3. Increasing and developing foreign cooperation; 4. Increasing socio-economic reintegration programs; 5. Ratification of the Work in Fishing Convention 2007. ","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48762360","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

REVITALIZATION OF FUNDING FOR SAVINGS AND LOANS COOPERATIVES AS EFFORTS TO IMPROVE THE STATE’S ECONOMY AFTER THE COVID-19 PANDEMIC 新冠肺炎疫情后恢复储蓄和贷款合作资金，努力改善国家经济

Yustisia Pub Date : 2021-08-24 DOI: 10.20961/yustisia.v10i2.50438

Hassanain Haykal, Theo Negoro, Livany Adeline

{"title":"REVITALIZATION OF FUNDING FOR SAVINGS AND LOANS COOPERATIVES AS EFFORTS TO IMPROVE THE STATE’S ECONOMY AFTER THE COVID-19 PANDEMIC","authors":"Hassanain Haykal, Theo Negoro, Livany Adeline","doi":"10.20961/yustisia.v10i2.50438","DOIUrl":"https://doi.org/10.20961/yustisia.v10i2.50438","url":null,"abstract":"This research aims to analyze the government's possible strategies to empowering cooperatives as an alternative means of channeling financing after the Covid-19 Pandemic in Indonesia. Basically, cooperatives are business media for enhancing the standard of living in a family, and are referred to as the pillars of the national economy. The study was also carried out in order to provide a regulatory solution regarding the revitalization of cooperatives, in strengthening the organisation, especially in the financial aspect. The normative juridical approach, was used, also known as the doctrinal legal technique. The results showed that the cooperatives required significant organizational changes, such as strengthening the implementation of good governance regulations, conducting financial agreements, as well as managing income and human resources. Furthermore, significant organizational changes were achieved by forming a ministerial regulation, to regulate good governance, enact internal rules, create a code of conduct, and establish a financial system with legal agreement among the cooperative members.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45285072","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0