Yustisia最新文献_第5页

INTEGRATED ALTERNATIVE DISPUTE RESOLUTION INSTITUTIONS IN THE FINANCIAL SERVICES SECTOR: DISPUTE RESOLUTION EFFORTS IN CONSUMER PROTECTION FRAMEWORK 金融服务部门的综合替代争端解决机构：消费者保护框架下的争端解决工作

Yustisia Pub Date : 2021-04-06 DOI: 10.20961/YUSTISIA.V10I1.48684

Lastuti Abubakar, Tri Handayani

{"title":"INTEGRATED ALTERNATIVE DISPUTE RESOLUTION INSTITUTIONS IN THE FINANCIAL SERVICES SECTOR: DISPUTE RESOLUTION EFFORTS IN CONSUMER PROTECTION FRAMEWORK","authors":"Lastuti Abubakar, Tri Handayani","doi":"10.20961/YUSTISIA.V10I1.48684","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V10I1.48684","url":null,"abstract":"This study examines and analyzes the legal implications of strengthening the integrated Alternative Dispute Resolution Institutions in the Financial Services Sector regulations. This study applies a normative juridical approach with descriptive-analytical research specifications. The data are analyzed using qualitative juridical analysis. Results show that: an Integrated Alternative Dispute Resolution Institutions in the Financial Services Sector is a dispute resolution institution that is in accordance with the characteristics of the financial services sector as an agent of trust and prioritizes consumer protection. It is expected that consumer dispute resolution is faster, cheaper, and fairer for both Business Actors and the consumers; strengthening of regulations on integrated ADR Institutions in the Financial Services Sector aims to create independent, fair, effective, and efficient dispute resolution capable of anticipating developments in the financial services sector that are increasingly complex from a legal perspective, the use of financial technology, and products/services across financial services sectors","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44878159","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

COVID-19 PANDEMIC AS FORCE MAJEURE: IT’S ENFORCEABILITY ON THE FAILURE TO FULFILL CONTRACTUAL OBLIGATIONS AND THE FAILURE TO PRESENTS COMPLYING DOCUMENTS IN LETTER OF CREDIT 新冠肺炎大流行病不可抗力：对未能履行合同义务和未能在信用证中提交合规单据的强制执行

Yustisia Pub Date : 2021-04-06 DOI: 10.20961/YUSTISIA.V10I1.46532

Bhuwana Fairuz Kusumawardhani

{"title":"COVID-19 PANDEMIC AS FORCE MAJEURE: IT’S ENFORCEABILITY ON THE FAILURE TO FULFILL CONTRACTUAL OBLIGATIONS AND THE FAILURE TO PRESENTS COMPLYING DOCUMENTS IN LETTER OF CREDIT","authors":"Bhuwana Fairuz Kusumawardhani","doi":"10.20961/YUSTISIA.V10I1.46532","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V10I1.46532","url":null,"abstract":"The performance of contractual obligations holds an important role in the fulfillment of sales contracts, therefore, each parties involved would done their best to complete them. The existence of COVID-19 pandemic affected the trade sphere and could bring impediment in the form of force majeure. This research aims to find out the enforceability of COVID-19 as force majeure on the performance of sales contract and the enforceability of COVID-19 as force majeure according to UCP 600 on failure to presents complying documents. This research was conducted by using normative method and qualitative method, the latter was used to analyze the secondary data of which was collected by literature study of relevant materials. The result of this research shows that the enforceability of COVID-19 as force majeure depends on the way of sales contracts are worded and the tribunal’s interpretation on the laws and practices in international trade. The UCP 600’s force majeure clause phrasing open up the interpretation on the possibility of COVID-19 as force majeure, however, the clause cannot be enforced on the failure to presents complying documents, caused by COVID-19 or not, as it concerns the matter of Bank’s responsibility in the case of force majeure","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47975796","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

CYBER-ATTACK IN ESTONIA: A NEW CHALLENGE IN THE APPLICABILITY OF INTERNATIONAL HUMANITARIAN LAW 爱沙尼亚的网络攻击:国际人道法适用性的新挑战

Yustisia Pub Date : 2021-04-06 DOI: 10.20961/YUSTISIA.V10I1.48336

Iradhati Zahra, I. Handayani, D. Christianti

{"title":"CYBER-ATTACK IN ESTONIA: A NEW CHALLENGE IN THE APPLICABILITY OF INTERNATIONAL HUMANITARIAN LAW","authors":"Iradhati Zahra, I. Handayani, D. Christianti","doi":"10.20961/YUSTISIA.V10I1.48336","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V10I1.48336","url":null,"abstract":"This article aimed to analyze the classification of armed conflict in Estonia's cyber-attack and how the existing IHL are answering this problem, and whether those regulations are enough for future cases of cyber-attack. This article uses the normative method by comparing the Geneva Convention 1949 and Additional Protocol I 1977 with Rule 30 Tallinn Manual 1.0 and some relevant literary works, using a descriptive-analytic to explain the object comprehensively. The result shows that Estonia's cyber-attack could be classified as an International Armed Conflict, which first started as a Non-International Armed Conflict by proving attribution from Russia to Nashi Youth Group following the Overall Control in Tadic Case. The distinction between information warfare and cyber-attack is related to the physical impact, which a threshold of a cyber-attack under Tallinn Manual 1.0. It means Rule 30 of Tallinn Manual 1.0 also answered Jus ad Bellum's threshold and Jus in Bello in terms of cyber-attack. Although, this article needs some improvements regarding the limitation of this issue only focused on the Material Scope of IHL. In addition, Rule 30 of Tallinn Manual 1.0 is not legally binding because it is not one source of international law. However, it is possible for the Rule 30 Tallinn Manual 1.0 to be a new norm and becoming customary international law in the future.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45871829","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

BLUE CARBON IN NATIONAL POLICY TO REDUCE GREENHOUSE GAS EMISSIONS 蓝碳是国家减少温室气体排放的政策

Yustisia Pub Date : 2021-01-01 DOI: 10.20961/yustisia.v10i2.45217

D. A. A. Sari, O. P. Astirin, A. Mayastuti, A. Adiastuti

{"title":"BLUE CARBON IN NATIONAL POLICY TO REDUCE GREENHOUSE GAS EMISSIONS","authors":"D. A. A. Sari, O. P. Astirin, A. Mayastuti, A. Adiastuti","doi":"10.20961/yustisia.v10i2.45217","DOIUrl":"https://doi.org/10.20961/yustisia.v10i2.45217","url":null,"abstract":"Greenhouse Gas (GHG) emissions are the main cause of global warming and climate change. Indonesia as an archipelagic country experiences a significant negative impact as a result of climate change, such as sea level rise, sea water intrusion to the land, extreme weather, and rising sea and land temperatures. Tropical forests have been known as a major carbon emitter, but with the increasing rate of deforestation, it is necessary to find carbon sinks from ecosystems other than tropical forests. This study aimed to determine the extent to which blue carbon has been included in Indonesian Government policies, especially in the GHG inventory document and the Indonesian Nationally Determined Contribution (NDC) document, related to the Government of Indonesia's commitment in reducing GHG emissions. The research showed that blue carbon ecosystems, which include mangroves, seagrass beds, and other coastal ecosystems, have enormous carbon sequestration potential when compared to tropical forests, but unfortunately, the potential of blue carbon has not been maximally utilized in national policies related to GHG emission reduction. The existing policies have not been implemented optimally and some of them overlap. In the future, accurate data updating and mapping of the blue carbon ecosystem is needed so that it can become a reference in determining national policies on the use of blue carbon","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67823988","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

COUNTERMEASURE POLICY ON MINING CRIME UNDER THE LEGAL PROGRESSIVE PERCEPTIVE 法律进步视野下的矿山犯罪对策政策

Yustisia Pub Date : 2021-01-01 DOI: 10.20961/yustisia.v10i2.47189

F. Faisal, Derita Prapti Rahayu

{"title":"COUNTERMEASURE POLICY ON MINING CRIME UNDER THE LEGAL PROGRESSIVE PERCEPTIVE","authors":"F. Faisal, Derita Prapti Rahayu","doi":"10.20961/yustisia.v10i2.47189","DOIUrl":"https://doi.org/10.20961/yustisia.v10i2.47189","url":null,"abstract":"The complexity of mining business governance affects rational actions to tackle mining crime using the criminal policies in a progressive legal dimension. This research focuses on dealing with mining crime using criminal policies and rational efforts in the progressive legal dimension. It was conducted using normative legal research method using secondary data obtained from primary and secondary legal materials. The urgency of this research is to provide guidance towards the application of appropriate rules of mining for the actors in the business. It was also directed to provide references in mining law enforcement through an integral policy. The results showed that criminal policy through penal means in the formulation stage has the ability to regulate licensing crimes, corporate crimes, crimes against reclamation, and criminal obstruction of mining businesses. Moreover, the application stage involves the legal construction of material and formal offenses while the execution stage requires integral law enforcement. It is also important to note that the non-penal means which focuses on prevention maps potential actors with the ability to create the victims while the secondary prevention maps the mining areas with potential conflicts. This means the progressiveness of mining criminal policies rationally in the progressive law dimension enforces certainty and basic ideas underlying the norms.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67824127","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

IMPLEMENTATION REGIONALIZATION PRINCIPLE BASED ON SANITARY AND PHYTOSANITARY (SPS) AGREEMENT ACCORDING TO VIENNA CONVENTION ON THE LAW OF TREATIES (VCLT) OF 1969 根据1969年维也纳条约法公约(vclt)的卫生和植物检疫(sps)协定实施区域化原则

Yustisia Pub Date : 2021-01-01 DOI: 10.20961/yustisia.v10i2.44710

Velicia Theoartha Manalu, Sinta Dewi Rosadi, Prita Amalia

{"title":"IMPLEMENTATION REGIONALIZATION PRINCIPLE BASED ON SANITARY AND PHYTOSANITARY (SPS) AGREEMENT ACCORDING TO VIENNA CONVENTION ON THE LAW OF TREATIES (VCLT) OF 1969","authors":"Velicia Theoartha Manalu, Sinta Dewi Rosadi, Prita Amalia","doi":"10.20961/yustisia.v10i2.44710","DOIUrl":"https://doi.org/10.20961/yustisia.v10i2.44710","url":null,"abstract":"The practice of the regionalization principle in Article 6 Sanitary and Phytosanitary (SPS) Agreement is still conflicted. This is because of several cases regarding the members misinterpretation of international guidelines in the regionalization principle, such as India – Agricultural Products and Russia – Pigs (EU). Recently, Coronavirus Diseases 2019 (Covid-19) has been considered to affect animal trade. Such conditions prompt the World Trade Organization (WTO) to recommend the Members to take SPS Measures to protect their domestic market. However, the trade would be inhibited in case the country-wide ban approach is applied. Therefore, this paper discusses the possible SPS measures under the regionalization principle to promote the trade during the pandemic according to WTO decisions from previous cases in line with the VCLT of 1969. The research result shows that the Covid-19 is an obstacle to international trade and makes humans and animals vulnerable to this virus. Consequently, many animal trades have been banned to prevent its spread. To deal with this condition, Indonesia could apply the regionalization principle in Article 6 SPS Agreement. Moreover, the government should update the quarantine law by pointing out the regionalization principle, unlike the zone system rules only applied to animals susceptible to Food Mouth Disease","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67822719","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

INFORMATION OF MEDICAL MALPRACTICE AND RISKS IN THE INFORMED CONSENT PROCESS BEFORE SURGERY IN INDONESIA 关于印度尼西亚手术前知情同意过程中的医疗事故和风险的信息

Yustisia Pub Date : 2021-01-01 DOI: 10.20961/yustisia.v10i2.52132

S. Sutarno, M. Maryati

引用次数: 5

THE CONCEPT OF PENAL MEDIATION FOR DEFAMATION DELICT IN THE INDONESIA ITE LAW AS A MANIFESTATION OF RESTORATIVE JUSTICE 诽谤罪的刑事调解概念是恢复性司法在印尼法律中的体现

Yustisia Pub Date : 2020-12-31 DOI: 10.20961/YUSTISIA.V9I3.36167

Yaris Adhial Fajrin, Ach. Faisol Triwijaya

{"title":"THE CONCEPT OF PENAL MEDIATION FOR DEFAMATION DELICT IN THE INDONESIA ITE LAW AS A MANIFESTATION OF RESTORATIVE JUSTICE","authors":"Yaris Adhial Fajrin, Ach. Faisol Triwijaya","doi":"10.20961/YUSTISIA.V9I3.36167","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V9I3.36167","url":null,"abstract":"The paper aimed to analyze the position of defamation as a complaint delict in the ITE Law and the chances of applying penal mediation in the settlement of criminal defamation charges in the ITE Law. This research uses a normative legal research with qualitative analysis techniques. The research result shows that defamation in the field of ITE is a complaint delict that the settlement of the case can be done through the Alternative Dispute Resolution (ADR) outside the court through penal mediation mechanism. The settlement of criminal cases through penal mediation has been in line with the direction of the renewal of Indonesian criminal law which is moving towards improving the impact of a criminal act as part of the purpose of criminalization. Penal mediation that promotes the values of consensus deliberation is also in line with the basic values of Pancasila, to encourage peace between the conflicting parties and improve the reputation, self-esteem, and dignity of victims damaged by defamation committed by the perpetrators. The advantages of penal mediation have not been followed by the rule of law of the event that regulates specifically the procedure of penal mediation so that not a few cases of defamation are ultimately decided by criminal sanctions to the perpetrators. Therefore, the mechanism of penal mediation needs to be regulated in the Indonesian Criminal Code in the future, to provide guarantees of a fair and beneficial criminal settlement for all parties, as well as a guarantee of the right to free responsible speech.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46245237","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 ADEQUACY OF THE EVIDENCE IN THE CASE OF EVIL CONSPIRACY OF NARCOTICS CRIMINAL REVIEWED BY EVIDENTIARY THEORY 从证据理论看毒品犯罪分子共谋犯罪案件证据的充分性

Yustisia Pub Date : 2020-12-31 DOI: 10.20961/YUSTISIA.V9I3.42640

Veronika J Sihotang, Wida Wulandari, Erika Magdalena Chandra

引用次数: 0

LEGAL PROTECTION FOR CHILDREN AS VICTIMS OF SEXUAL VIOLENCE IN FULFILLMENT RESTITUTION RIGHTS 为性暴力受害者提供法律保护以实现赔偿权利

Yustisia Pub Date : 2020-08-31 DOI: 10.20961/YUSTISIA.V9I2.35208

Niken Subekti Budi Utami, I. Prabowo

{"title":"LEGAL PROTECTION FOR CHILDREN AS VICTIMS OF SEXUAL VIOLENCE IN FULFILLMENT RESTITUTION RIGHTS","authors":"Niken Subekti Budi Utami, I. Prabowo","doi":"10.20961/YUSTISIA.V9I2.35208","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V9I2.35208","url":null,"abstract":"<div><table cellspacing=\"0\" cellpadding=\"0\" align=\"left\"><tbody><tr><td align=\"left\" valign=\"top\"><p><em>This is an empirical normative study, which aims to determine the legal protection for child victims of sexual violence in the context of law enforcement and the implementation of the right to restitution. In addition, the materials used were primary and secondary data. The legal instrument that implements the rights to restitution for children victims is the arrangement of articles that are unclear and incomplete, resulting in problems. However, bad judges prevent courts from implementing these rights. Unclear and incomplete rules on procedures concerning restitution rights have resulted in an understanding of law enforcement officials, especially in conducting the inter-court application process, and proceedings. Meanwhile, the human resource factors in supporting the fulfillment of restitution are deemed inadequate. The existence of a legal vacuum in the procedures for fulfilling these rights has made the public prosecutor to implement the court resolution and make innovation through consensus decision making.</em></p></td></tr></tbody></table></div>","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49123422","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