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Results in Journal JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN: 25

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Nia Ramadhanty Purwanto, Syauqi Al Amin, Ainun Mardiyah, Yosia Retno Wahyuningtyas
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 23, pp 67-76; doi:10.24123/yustika.v23i02.3955

Abstract:
Indonesia is currently undergoing major changes caused by Covid-19. One of the big changes is the increase in medical waste. Article 1 number 1 of Government Regulation No. 101 of 2014 concerning Waste Management of Hazardous and Toxic Materials ("PP No. 101 Of 2014") Covid waste is included in hazardous and toxic materials or B3 because it can harm health even to human safety. In addition to damaging the environment of medical waste used to handle Covid is at great risk of transmitting coronavirus if not managed appropriately. Because of this, this paper aims to control the presence of B3 waste so as not to further spread the virus and damage the environment. The method used is literature studies. The objective can be obtained by managing medical waste by means of reduction, storage, collection, transportation, management, hoarding. Every party that produces B3 waste must manage their waste that is infectious with Covid-19. It is not recommended to be immediately disposed of and can be destroyed first by burning and placed in a special place of infectious waste. It must be done the right management by separating the according with the type of waste. For the parties who still violate existing regulations, can be sanctioned. So that the environment can be protected and break the chain of spread of Covid-19.
Regi Handono
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 23, pp 90-99; doi:10.24123/yustika.v23i02.3945

Abstract:
Tax payment compliance has always been a polemic in any country in the world, including in Indonesia. Indonesia applies a taxation system in the form of self-assessment in which taxpayers have full authority in carrying out their tax obligations. On the one hand, this principle is very good for the tax authorities or the Directorate General of Taxes (DGT), because it reduces their administrative costs. With taxpayers calculating, paying, and reporting their own tax obligations, DGT is on the passive side because it is only a matter of waiting for tax deposits and reports. On the other hand this also creates new problems. DGT very much depends on the honesty, willingness and level of understanding of taxpayers of their respective tax rules and obligations. The main problem with this principle is the honesty stage. Humans basically will always try with the least possible sacrifice and will try to get the maximum result or benefit. Meanwhile, tax, however its form, is still an expense that must be borne by the taxpayer. This is what causes taxpayers, to always arise reluctance to pay taxes which in the next stage is trying to find ways to reduce tax payments as small as possible. Meanwhile, the state always expects the income from the tax payments of its citizens to ensure the survival and the implementation of development as a whole. For this reason, a breakthrough is needed so that these differences in interests can reach a good common ground for all parties.
Christian Tarapul Anjur Hasiholan,
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 23, pp 119-127; doi:10.24123/yustika.v23i02.3066

Abstract:
The present development of technology, mainly with the presence of internet has presented new ways and opportunities in business, namely by electronic commerce (e-commerce). Despite having positive impact, e-commerce also has the potential to cause a negative impact, that is by cyber crime. This research is intended to analyse the possibility of a new cyber crime mode which utilizes cashback promotion in e-marketplace (mainly known as marketplace). The mode used by the perpetrators is to make fictitious transaction in order for the system of marketplace to provide many cashback promos for each transaction made. The perpetrators are allowed to do this mode because they take advantage of the flaw in the system of the marketplace due to the availability of the cashback promo for all of the consumer. The emergence of the possibility of a new cyber crime mode shows the importance of this case to be assessed based on The Law of Republic Indonesia Number 19 of 2016 Concerning Amandment to The Law of Republic Indonesia Number 11 Number 11 of 2008 concerning Electronic Information and Transactions when a transaction is considered as manipulative.
Rengga Aditya Mulawardhana, Go Lisanawati
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 23, pp 77-89; doi:10.24123/yustika.v23i02.3057

Abstract:
Criminal activities related to the use of the internet (cyber crime) are growing rapidly in Indonesia with various modes. This article aims to analyze one of the cases that has occurred regarding illegal access to fund transfers based on normative juridical methods. The action being studied was access to a mobile bank account using an inactive card to transfer funds. Based on this mode, two violations occurred in 2 (two) laws as well as Law Number 11 of 2008 concerning Information and Electronic Transactions and Law Number 3 of 2011 concerning Fund Transfers. The result of this research is that perpetrators with mobile banking account access mode by using an inactive card and transferring funds can fulfill the criminal elements according to the provisions of Article 30 paragraph (3) of Law Number 11 of 2008 concerning Electronic Information and Transactions, and can subject to criminal penalties according to Article 46 paragraph (3) of Law Number 11 of 2008 concerning Electronic Information and Transactions, and also fulfills criminal elements according to the criminal provisions of Article 81 of Law Number 3 of 2011 concerning Fund Transfers.
Kimham Pentakosta, Elly Hernawati
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 23, pp 100-118; doi:10.24123/yustika.v23i02.4094

Abstract:
This paper focuses on the similarity of functions between Trademarks and Limited Liability Company Name, namely quality assurance function, which enables both to provide a guarantee on the reputation of goods and/or services offered to the consumer. Such similarity of functions between those two different legal terminology opens a loophole for any party, based on bad faith, to conduct passing off towards a registered trademarks owned by another party through the use of a limited liability company name. This paper shows the urgency of a harmonization and integration between the mechanism of applying for Trademark registration and the submission of the name of a limited liability company in Indonesia. Therefore, this paper will examine and criticize the laws and regulations relating to the two terminology above, inter alia the Law Number 20 of 2016 regarding Trademarks and Geographical Indications and the Government Regulation Number 43 of 2011 regarding Procedures for Filing and Use of Limited Liability Company Name. This paper concludes that the government of the Republic of Indonesia must immediately amend the regulation on the requirements for submitting the name of a limited liability company, by requiring the Directorate General of General Legal Administration to reject the name of a limited liability company that uses a name that has been registered as a brand by another party.
Aldo Rico Geraldi
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 23, pp 36-48; doi:10.24123/yustika.v23i01.2871

Abstract:
This research aims to analyze the form of complaints mechanism by the Committee Against Torture. This research is a study that uses normative legal research by collecting secondary data. Data collection is done using the library study method by collecting legal materials and information in the form of primary, secondary, and tertiary legal materials. In order to get a clear explanation, the data is then arranged systematically and analyzed using descriptive methods. The results of this research indicate that torture is an act carried out by causing pain or suffering. The United Nations General Assembly then established the Convention against Torture which is believed to be able to specifically monitor multilateral instruments for the protection of torture and other inhuman treatment. Furthermore, related to the complaints mechanism regulated by the Anti-Torture Committee that complaints procedures in international law generally refer to a formal legal process whereby a person or group of people submit a complaint to an international legal entity to reveal that their human rights have been violated in a particular case. The Committee has a mandate related to the assessment of complaints filed by participating countries that have recognized the authority of the Committee, individuals and the Committee can conduct fact-finding if it has reliable information about the occurrence of systematic torture in one of the participating countries. Keywords : “Torture”, “Convention Against Torture”, “Committee Against Torture” AbstrakPenelitian ini bertujuan untuk menganalisis mekanisme pengaduan yang dilakukan oleh Committee Against Torture. Penelitian ini merupakan penelitian yuridis normatif yang dilengkapi data sekunder. Metode penelitian menggunakan studi pustaka dengan mengumpulkan bahan hukum dan informasi berupa bahan hukum primer, sekunder, dan tersier. Untuk mendapatkan penjelasan yang jelas, data kemudian disusun secara sistematis dan dianalisis menggunakan metode deskriptif. Hasil penelitian ini menunjukkan bahwa penyiksaan merupakan tindakan yang dilakukan dengan menimbulkan rasa sakit atau penderitaan. Majelis Umum Perserikatan Bangsa-Bangsa kemudian membentuk Konvensi Menentang Penyiksaan yang diyakini mampu secara khusus memantau instrumen multilateral untuk perlindungan penyiksaan dan perlakuan tidak manusiawi lainnya. Lebih lanjut, terkait mekanisme pengaduan yang diatur oleh Committee Against Torture bahwa prosedur pengaduan dalam hukum internasional pada umumnya mengacu pada proses hukum formil dimana seseorang atau sekelompok orang mengajukan pengaduan ke badan hukum internasional untuk mengungkapkan bahwa hak asasi mereka telah dilanggar dalam kasus tertentu. Komite memiliki mandat terkait dengan penilaian pengaduan yang diajukan oleh negara peserta yang telah mengakui kewenangan Komite, individu dan Komite dapat melakukan pencarian fakta jika memiliki informasi yang dapat dipercaya tentang terjadinya penyiksaan sistematis di salah satu negara peserta. Kata kunci: Penyiksaan; Konvensi Menentang Penyiksaan; Committee Against Torture
Oksidelfa Yanto, Yoyon M. Darusman, Susanto Susanto, Aria Dimas Harapan
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 23, pp 24-35; doi:10.24123/yustika.v23i01.2818

Abstract:
This research purposes to observe the development of crimes against children in Indonesia. Firstly, will take a closer look toward the importance of child protection in family, school and the environment from violence and crime. Secondly, will evaluate how far the criminal justice system can give protection toward the children as victims of violence and crime. Thirdly, looking at the state responsibility in giving sanctions through the criminal justice system. The method used in this research is juridical-normative by collecting secondary data related to legislation and materials obtained from books, journals, and other relevant materials. The observation result shown that many children are victims of violence. The victimization is basically everywhere, not only at home, but also at school. Violence in schools is not merely physical violence, but also psychological. The responsibility for protecting, educating, and developing children lies in the environment, family, and school. The function of criminal law to fight crimes against children's rights is a major factor in the success of the juvenile criminal justice system.
Ardika Nurfurqon
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 23, pp 13-23; doi:10.24123/yustika.v23i01.2864

Abstract:
This study aims to find out the Analysis of Regional Government Policy in Handling Covid-19 perspectives on State Administrative Law. With qualitative research approaches using normative legal research. Both the central and regional governments reduce the spread of Covid-19 with some handling, especially in the perspective of state administrative law. In this case, an analysis of West Bandung Regency is needed in the handling of Covid-19. This gives an understanding that the regional government in making policy needs to synchronize with the central government, especially in analyzing a policy in accordance with state administrative law. Keywords: Policy Analysis; Covid-19; Administrative Law. AbstrakPenelitian ini bertujuan untuk menggetahui Analisis Kebijakan Pemerintahan Daerah dalam Penanganan Covid-19 perspektif Hukum Administrasi. Dengan penelitian kualitatif dengan pendekatan menggunakan penelitian hukum normatif. Pemerintah baik pusat maupun daerah menekan angka penyebaran Covid-19 dengan beberapa penanganan terutama dalam perpektif hukum administrasi. Dalam hal ini dibutuhkan analisis kebijakan daerah Kabupaten Bandung Barat dalam penanganan Covid-19. Hal ini memberi pengertian bahwa pemerintah daerah dalam membuat kebijakan perlu adanya sinkronisasi dengan pemerintah pusat terutama dalam menganalisis suatu kebijakan sesuai dengan hukum administrasi negara. Kata Kunci: Analisis Kebijakan; Covid-19; Hukum Administrasi.
Muhhamad Habibi Miftakhul Marwa
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 23, pp 1-12; doi:10.24123/yustika.v23i01.2403

Abstract:
Act No. 11 of 1992 about the Pension fund states retirement funds as legal entities that manage and run retirement programs that promise retirement benefits when retired or full duty to participants. As a legal entity of course the pension fund is based on the subject of the law as a human being, which has the right and obligation to do legal action to the other party. Pension funds have a legal entity status and may conduct activities from the date of ratification by the Financial Services Authority. Reviewed from the theory or the terms of the legal entity, the status of the legal entity of the Pension Fund has fulfilled the requirements of the material or formyl in the establishment of pension funds, such as having a separate property from the founders, have a specific goal to Conduct retirement benefits, have their own interests, have a regular organization in the Division of duties and functions between founders, supervisory boards, and managers, and obtain recognition and confirmation from the State authority. While the pension fund as an independent legal entity does not use the form of legal entity such as limited liability company, cooperative, or foundation, because there is a concept in the legal entity that does not conform to the concept of pension funds. Keywords: Legal Subject, Legal Entity, Pension Fund AbstrakUndang-Undang Nomor 11 Tahun 1992 tentang Dana Pensiun menyebutkan bahwa dana pensiun adalah badan hukum yang mengelola dan menjalankan program pensiun yang menjanjikan manfaat pensiun pada saat telah pensiun atau pensiun kepada pesertanya. Sebagai badan hukum, dana pensiun terletak sebagai subjek hukum layaknya manusia, yang memiliki hak dan kewajiban sehingga dapat melakukan perbuatan hukum kepada pihak lain. Dana pensiun berbadan hukum dan dapat melaksanakan kegiatan sejak tanggal persetujuan Otoritas Jasa Keuangan. Dilihat dari teori dan persyaratan badan hukum, badan hukum dana pensiun telah memenuhi persyaratan baik materiil maupun formil dalam pembentukan dana pensiun, seperti memiliki kekayaan yang terpisah dari pendirinya, mempunyai tujuan khusus dalam menyelenggarakan manfaat pensiun, memiliki kepentingan, menyelenggarakan organisasi dalam pembagian tugas dan fungsi antara pendiri, dewan pengawas, dan pengurus, serta memperoleh pengakuan dan pengesahan dari otoritas negara. Dana pensiun sebagai badan hukum mandiri tidak menggunakan badan hukum seperti Perseroan Terbatas, Koperasi, atau Yayasan, karena terdapat konsep dalam badan hukum yang tidak sesuai dengan konsep dana pensiun. Kata Kunci: Subjek Hukum; Badan Hukum; Dana Pensiun
Yoga Partamayasa
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 23, pp 49-66; doi:10.24123/yustika.v23i01.2297

Abstract:
The application of impeachment in Indonesia is different from the application of impeachment in another states since there is a system of impeachment of the head of district. As a form of the implementation of district autonomy system there is an existence of executive and legislative branches in the regions. And in line with the authority received by the regional’s institutions there is also an initiative to do a surveillance mechanism for the executive and legislative branches in the regions which reflect the surveillance mechanism for the executive branch in the central government. The existence of this regulation stimulates debates and differentiation of interpretation on at least 3 main problems which are first regarding the interpretation of validity of district’s legislative impeachment authority, Second regarding the working relation between Legislative institution and Legislative institution in districts, and third regarding the responsibility of the incumbency of the head of district and its legal consequences. This problem stimulates debates and differentiation of academic interpretation. Therefore, there are much that can be observed regarding the differentiation of stipulations to the extend of the technical process from the impeachment mechanism as a form of an enforcement to trim down chaos of law (rechtsverwarring). Legal reform is a form of enforcement to revitalize the structure of constitutional system in Indonesia. Hopefully, with that revitalization Hopefully the Nusantara good governance can be achieved and can bring our nation to a better future. Keywords: Impeachment; Governmental Institution; Local Government Abstrak Penerapan impeachment di Indonesia berbeda dengan di negara lain karena terdapat sistem impeachment kepala daerah. Sebagai salah satu bentuk pelaksanaan sistem otonomi daerah, terdapat lembaga eksekutif dan legislatif di daerah. Sejalan dengan kewenangan yang diterima oleh lembaga daerah juga terdapat inisiatif untuk melakukan mekanisme pengawasan terhadap eksekutif dan legislatif di daerah yang mencerminkan mekanisme pengawasan eksekutif di pusat. Adanya Perpres terkait ini memicu perdebatan dan diferensiasi tafsir atas minimal tiga masalah pokok yaitu pertama tentang penafsiran keabsahan kewenangan pemakzulan DPRD, kedua, tentang hubungan kerja antara lembaga legislatif dan lembaga legislatif di daerah, dan ketiga, tentang tanggung jawab. tentang jabatan bupati dan konsekuensi hukumnya. Masalah ini memicu perdebatan dan diferensiasi interpretasi akademis. Oleh karena itu, banyak hal yang dapat dicermati mengenai diferensiasi ketentuan hingga perluasan proses teknis dari mekanisme impeachment sebagai bentuk penegakan untuk meredam kekacauan hukum (rechtsverwarring). Reformasi hukum merupakan salah satu bentuk penegakan hukum untuk merevitalisasi struktur ketatanegaraan di Indonesia. Semoga dengan revitalisasi itu semoga pemerintahan yang baik nusantara bisa tercapai dan bisa membawa bangsa kita menuju masa depan yang lebih baik. Kata Kunci: Pemakzulan; Institusi Pemerintah; Pemerintah Daerah
Clarence Ritch Sutjipto
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 22, pp 109-117; doi:10.24123/yustika.v22i02.2564

Abstract:
This article riviews Trademark cases about extension of the PRADA brand owned by PRADA S.A. and re-registration of THE RICH PRADA brand based on Trademark Law No. 15 of 2001 which is now changed to Law No. 20 of 2016 of Trademark. Therefore, there is a Directorate General of IPR that carries out its duties and functions in the process of trademark registration and others. The case discussed in this article is regarding PRADA brand owned by PRADA S.A. who registered their brand in class 43 in 2007, but until 2017 PRADA S.A. absolutely not produce in class number 43. And an extension in 2018, and re-registration of THE RICH PRADA mark in indication of bad faith, the research method used in this article is normative juridical research that is research conducted with literature study, which refers to legal materials both primary and secondary legal materials related to this article. The results of the article shows that if there are registered trademarks that register trademarks in the brand class but not used at all, it can still be extended as long as they do not exceed the grace period and in the registration of the mark, it should be in good faith.
Bebeto Ardyo
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 22, pp 84-93; doi:10.24123/yustika.v22i02.2406

Abstract:
The increasement of human needs in society goes hand in hand with the development of technology. To meet these needs, there must be interaction between people which sometimes has the potential to cause disputes. That’s why a contract is needed. The existence of a contract guarantees legal certainty regarding protection of the rights of the parties and also the obligations that they must fulfill. There are several stages of contract formation which consist of pre-contract and agreement between the parties. According to the system in the Book III of Indonesia’s Code of Civil Law, consensus is the base for the formation of contract that means once the agreement has reached between the parties then a contract is formed. Indonesia’s Code of Civil Law doesn’t yet regulate pre-contract stages of contract formation, even though these stages are equally important. The regulation of pre-contract stages are usually set in the common law system, but along with the times, the regulation of pre-contract stages should also be regulated in the civil law system. As a comparison, Het Nieuw Burgerlijke Wetboek (New Civil Code of Netherlands) has already regulated that pre-contract stages, although the Netherlands is a country that implements civil law system. The pre-contract stages are very important to be regulated in Indonesia because there are many potential pre-contractual issues. This paper aims to formulate the outline of what needs to be regulated in the pre-contract regulations. Keywords : Interaction, Contract, Formation, Civil Code
Fitrah Akbar Citrawan
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 22, pp 94-108; doi:10.24123/yustika.v22i02.2501

Abstract:
Article 44 paragraphs (4) and (5) of Law no. 5 of 1999 regulates that for business actors who do not carry out the KPPU's decisions that have permanent legal force (BHT), KPPU can hand over these business actors to investigators. The provision is unclear, that is, it is not written / stated explicitly, including the categories of acts that can be subject to / threatened with principal or additional crimes as in Articles 48 and 49 of Law No. 5 of 1999. The lack of clarity is related to the issue of formulasi policy which is one of the strategic policies in realizing more rational laws and becomes a guideline for the next functionalization stages, namely the application and execution stages. Formulation of criminal offenses in Article 48 paragraphs (1) and (2) of Law no. 5 of 1999 is interpreted as a wesenschaw offense, which is said to have fulfilled the elements of a criminal offense not only because the act is in accordance with the formulation of a criminal offense but the act is also intended by the legislators, that the business actor and or other party may be convicted if do not carry out what becomes their obligation as in the KPPU Decision which has BHT. Obligations to carry out the business and other parties mentioned, namely carrying out administrative sanctions / actions imposed by KPPU for violating the administration of Law No. 5 of 1999. That also signifies criminal conviction in Article 48 paragraphs (1) and (2) of Law no. 5 of 1999 is ultimum remidium.
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 22, pp 74-83; doi:10.24123/yustika.v22i02.2388

Abstract:
Problems related to the resultant electoral system and the government system are the focus of the discussion in this study. Types of electoral systems, as well as types of governmental systems are discussed to be able to be a study of the use of electoral systems and government systems. The purpose of discussing this problem is to analyze the electoral system and the government system that are compatible with the implementation of democracy in Indonesia. This research is discussed through normative analysis, and through qualitative methods. The results of the qualitative normative analysis can be seen as follows: First, the results of the analysis show that there is a resultant between the electoral system towards the implementation of democracy in Indonesia as seen from the theory of the people's unity and the representative system. The consultant becomes strong if the general election system used is a purely open proportional electoral system, namely the voter as the supreme sovereignty constitution, can know with certainty who the candidate is and will help determine who is the people's representative. Second, there is a result between the government system and the implementation of democracy, the theory of popular sovereignty and the system of representation. Parliamentary and presidential government systems have their own weak points and strengths. However, the presidential system applied in democratic countries in Indonesia is better, because it tends to be more stable in its accountability. Placing the highest sovereignty as the only party that accepts the responsibility of those who have been elected to the executive and parliamentary institutions. The concept developed is a system of political representation, not as a system of partisan representation . Keywords: Resultan, District System, Proporsional System, Presidensiil, Parlementary
Sony Wijanarko
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 22, pp 64-73; doi:10.24123/yustika.v22i02.2028

Abstract:
This article aims to examine the truth of the possession of shabu-shabu Narcotics found in NS's helmets which allegedly mastered the Narcotics so it must be proven through the process of proof according to applicable formal law. Research in this paper uses a normative juridical research method, namely research that is examined using primary legal material consisting of legislation, jurisprudence. In addition to being studied using primary legal materials, this study was also conducted using secondary legal materials consisting of doctrines, principles, and scienti"c writings that can be found in various literature that are closely related to primary law relating to answering problems in this research.
Reza Setyawan,
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 22, pp 11-25; doi:10.24123/yustika.v22i01.2029

Abstract:
This article reviews criminal justice process in deterring drug abuse case, discussing rehabilitation as a part of criminal sanction and the implementation or existence without court ruling or decision. Several rules and regulations discussed in resolving this matter include Law Number 35 of 2009 concerning Narcotics and Government Regulation Number 25 of 2011 concerning Mandatory Implementation of Narcotics Addict Report. The article was a part of bachelor’s degree thesis, conducted using normative legal study with case approach method. The case discussed is about rehabilitation of drug abuser Without Court’s order. The research finding is investigator do not have authority to place the drug abuser under rehabilitation. It is supposedly by court’s order.
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 22, pp 26-36; doi:10.24123/yustika.v22i01.2017

Abstract:
In general, the Law of Marriage in Indonesia adheres to the principle of monogamy, although it does not rule out the possibility for husbands to have wife of more than one person at a time, or known as polygamy. The polygamy marriage desired in Article No. 1 of 1974 concerning Marriage and in the Compilation of Islamic Law is conditional polygamy, where the husband is permitted to marry polygamy with the provisions that must meet the juridical requirements stated in the Marriage Law and KHI. One of the requirements is that there is an agreement or permission from the first wife made in writing. Polygamy without the permission of the first wife will cause conflict in the household, namely psychological violence conflict suffered by the wife. So that the wife will ask for divorce because she feels betrayed by her husband. In such circumstances, the wife will feel very aggrieved by the act of polygamy secretly, the psychological disturbance due to betrayal by the husband, and other disadvantages are the wife is not entitled to a mut'ah post-divorce from the husband, because this divorce was submitted at will the wife herself.
Elly Hernawati
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 22, pp 37-54; doi:10.24123/yustika.v22i01.1997

The publisher has not yet granted permission to display this abstract.
Rahmat Hi Abdullah
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 22, pp 55-63; doi:10.24123/yustika.v22i01.1958

The publisher has not yet granted permission to display this abstract.
Anajeng Esri Edhi Mahanani
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 22, pp 1-10; 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”
Muhammad Havez, Muhammad Insan Tarigan
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 21, pp 59-66; doi:10.24123/yustika.v21i02.1714

The publisher has not yet granted permission to display this abstract.
Michelle Yaputri Budiman
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 21, pp 44-58; doi:10.24123/yustika.v21i02.1688

The publisher has not yet granted permission to display this abstract.
Muhammad Yusuf, Slamet Sampurno, Muhammad Hasrul,
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 21, pp 12-27; 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.
Michelle Kristina
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 21, pp 1-11; doi:10.24123/yustika.v21i02.1709

The publisher has not yet granted permission to display this abstract.
Heru Saputra Lumban Gaol, Fransisca Yanita Prawitasari
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 21, pp 28-43; 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.
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