JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN

Journal Information
ISSN / EISSN : 1410-7724 / 2655-7479
Published by: Universitas Surabaya (10.24123)
Total articles ≅ 30
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Aulia Anastasya Putri Permana,
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 24, pp 25-36; https://doi.org/10.24123/yustika.v24i01.4603

Abstract:
The purpose this paper to interpret the content of a law, namely is the regulation regarding the ethics of delivering criticism through social media as regulated in the ITE Law. Article 28 Paragraph (2) of the UU ITE is considered to limit constitusional rights of opinin and expression. The explanation of Article 28 Paragraph (2) transctional and electronic information law is gives different interpretations as fragments of paragraph “spreading informaton” and “causing a sense of hatred/hostility”. This considered an unclear limitation on the right to freedom opinion and expression on social media. The problem in study is how to interpret the restrictive and application the law solving problem of hate speech on social media. The method used in this study, normative juridical approach, is the carried out based on the main legal material by examining theories, concepts, legal principles and laws regulations. It can be concluded in Indonesia a legal state where every action citizens is regulated in laws, the regulatin of submitting criticism through social media which is regulated in Law no. 11 of 2008 UU ITE. The Article 28 Paragraph (2) transactional and electronic information law, gives rise to the vage normen (blurred norms). It is can be abused silencing freedom of opinion and even becoming a political weapon. In the application of this law, it is indicated that there is duplication of criminal acts which are actually vulnerable to legal uncertainty so that it has the potential to cause turmoil in society.
Surya Mukti Pratama, Ela Nurlela, Hendry Gian Dynantheo Sitepu
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 24, pp 14-24; https://doi.org/10.24123/yustika.v24i01.4451

Abstract:
General Election and Regional Election are two different things on a constitutional basis. Then it was strengthened and confirmed by the decision of the Constitutional Court No. 97 / PUU / XI / 2013. This condition encourages the author to discuss the urgency of establishing a special election court with a simultaneous regional election system and a special court format that is effective in realizing electoral justice. This article aims to discuss the problems faced in resolving regional election results disputes in order to realize electoral justice in regional elections. The juridical formation of a special regional elections judicial body is an urgent need because it is a mandate of the law that must be implemented. The regional elections court format in realizing electoral justice includes three important principles that must be possessed by the regional elections court, the status and position of the regional elections court, the regional elections court judges, the role of the Supreme Court as judex juris and is attributed the authority to review the decision of the regional elections special court and relate to absolute competence. from the regional elections court.
Dinda Silviana Putri
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 24, pp 37-48; https://doi.org/10.24123/yustika.v24i01.4119

Abstract:
Capital is a problem that is often faced by start-up companies and Micro, Small and Medium Enterprises (MSMEs). On the other hand, these activities are often the choice of Indonesia's lower and middle class as an effort to improve their economy. For this reason, the Government through the Financial Services Authority (OJK) provides steps to raise capital through a crowdfunding method using information technology (equity crowdfunding / ECF). ECF activities are a solution for start-ups and MSMEs to raise capital in ways that are almost similar to Initial Public Offering (IPO) activities by involving publishers, organizers, and investors. Unfortunately, even though it has been going on since 2018, business activities using the ECF as a real effort to provide additional capital have not been maximally implemented. This is because there are several records that can hinder the optimization of the ECF itself, such as the Investors criteria, shares Flexibility, and maximum securities ownership. This research is normative legal research using a conceptual approach, a statutory approach, and a comparative approach and the development of ECF regulations in Indonesia and reformation on investor limitation law in the ECF in Indonesia as research problems. The results of this study indicate that the application and regulation of the ECF in Indonesia still have various deficiencies. Therefore, a solution is needed by adopting several provisions in Regulation A + in America as an effort to overcome these deficiencies.
Cindy Kang
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 24, pp 49-62; https://doi.org/10.24123/yustika.v24i01.4601

Abstract:
Based on data obtained from the Annual Records of the National Commission on Women, the percentage of violence against women has increased by 792% in the past 12 years. In addition, cases of Online Gender Based Violence (OGBV) have increased 300% and the most cases are revenge porn cases. This proves that women are one of the most vulnerable subjects to become victims of violence, and violence against women is not only carried out in the real world but also in cyberspace. One of the most common OGBV cases is revenge porn, where a perpetrator threatens to spread pornographic content belonging to the victim online without the victim’s consent with the potential to damage the victim’s reputation. The absence of regulations governing revenge porn makes it difficult for victims to get legal protection. The existence of the Draft Law on the Elimination of Sexual Violence (RUU PKS) which specifically regulates the types of sexual violence has given rise to hope for victims in seeking justice. The purpose of this study is to examine the urgency of the ratification of the RUU PKS regardless of the pros and cons circulating in society in providing legal protection for the victims. This study uses a normative legal research method that emphasized data obtained indirectly, such as legal materials. The results of this study indicate that the existence of laws and regulations such as the Electronic Transaction and Information Act, the Pornography Law, as well as provisions in the Criminal Code are considered insufficient to provide legal protection for the victims. Therefore, it is necessary to ratify the RUU PKS as a legal umbrella to provide protection for the victims.
Michelle Kristina
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 24, pp 1-13; https://doi.org/10.24123/yustika.v24i01.4610

Abstract:
The development of human life nowadays cannot be separated from various aspects such as economy, politics, and technology, including the impact of the coronavirus outbreak (Covid-19 or SARS-CoV-2) which emerged at the end of 2019. Responding to this Covid-19 pandemic outbreak In Indonesia, the government has issued various policies as measures to prevent and handle the spread of Covid-19. One of these policies is to limit community activities. These restrictions have implications for the fulfilment of the economic needs of the affected communities. Responding to the urgency of this community's economic situation, the government held a social assistance program as a measure to ease the community's economic burden. However, the procurement of the program was used as a chance for corruption involving the Ministry of Social Affairs and corporations as the winning bidders. This study uses a qualitative methodology with a normative juridical approach and literature. The approach is carried out by conducting a juridical analysis based on a case approach. The results of the study show that the corporations involved cannot be separated from corporate responsibility. However, the criminal liability process against the corporation is deemed not to reflect justice for the current situation of Indonesia is experiencing. The crime was not carried out in a normal situation but in a situation when Indonesia was trying hard to overcome the urgent situation, the Covid-19 pandemic. Corporate crimes committed by taking advantage of the pandemic situation are deemed necessary to prioritize special action or the weight of criminal acts committed by corporations. The weighting of criminal sanction is the right step as a law enforcement process for corporate crimes during the pandemic.
Christian Tarapul Anjur Hasiholan,
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 23, pp 119-127; https://doi.org/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.
Kimham Pentakosta, Elly Hernawati
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 23, pp 100-118; https://doi.org/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.
Rengga Aditya Mulawardhana, Go Lisanawati
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 23, pp 77-89; https://doi.org/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.
Nia Ramadhanty Purwanto, Syauqi Al Amin, Ainun Mardiyah, Yosia Retno Wahyuningtyas
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN, Volume 23, pp 67-76; https://doi.org/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; https://doi.org/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.
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