Jurnal Yustitia

DINAMIKA PENEGAKAN HUKUM DAN KOMISI PEMBERANTASAN KORUPSI YANG TEGAS, CEPAT, DAN TANGGAP DALAM PEMBERANTASAN KORUPSI TAHUN 2025

2025-05-20T13:00:31+00:00

Corruption is one of the biggest challenges in building good governance in Indonesia. The Corruption Eradication Commission (KPK) as an independent institution is required to be firmer, faster, and more responsive in dealing with increasingly complex corruption cases. The dynamics of law enforcement by the KPK in 2025 reflect multidimensional challenges, including political pressure, limited resources, and the development of corruption modus operandi. the KPK’s strategy in eradicating corruption and the obstacles it faces, as well as providing solutions to strengthen the integrity and effectiveness of this institution. The research method used is juridical, namely through the use of laws, norms or symphonies of Dassault and social and cultural reality. The results of the study show that law enforcement must be firm, fast and responsive to the eradication of corruption in 2025

KEDUDUKAN PARATE EKSEKUSI HAK TANGGUNGAN SEBAGAI ALTERNATIF PENYELESAIAN KREDIT MACET DIPERBANKAN

2025-05-20T13:00:32+00:00

Given the importance of the position of funds in credit in the development process, it
is appropriate that creditors and credit recipients as well as other related parties receive
legal protection through a rights institution. a strong guarantee and can also provide
legal certainty for all parties. This study describes the parate execution process as an
effort to resolve bad loans with mortgage guarantees, as well as the weaknesses and
strengths of the parate execution efforts.
The research method used in this study is a normative legal research method that
is prescription. This study uses secondary legal materials which include primary legal
sources and secondary legal sources. The approach used is the legal approach and the
historical approach. Data Collection techniques used document study techniques with
interpretation data analysis methods.
The results showed that the process of parate execution of mortgages as an effort to
settle bad loans was carried out based on law number 4 of 1996 concerning Mortgage
as an effort to settle bad loans with guarantees of mortgages carried out under civil
procedural law. The resolution of bad credit problems with mortgage guarantees, parate
execution is considered faster and cheaper than civil lawsuits. In the parate execution
process, there are obstacles in emptying the house, if the auction proceeds are less than
the debtor’s debt, and if there are lawsuits and resistance. However, with the parate of
execution, it provides legal certainty and the creditor’s position will be more protected if
the debtor breaks his promise, because the debtor seems to have set aside part or all of
his material assets to pay off his debts in the future.

ANALISIS HUKUM INTERVENSI KEMANUSIAAN ORGANISASI INTERNASIONAL DALAM KONFLIK UKRAINA DAN RUSIA

2025-05-20T13:00:32+00:00

Efforts to prevent or stop human rights violations in a country, either with or without
the consent of the country (a country in internal conflict), are known as interventions,
with the aim of analyzing the contribution of international organizations in dealing with
humanitarian issues during the course of the conflict. Apart from that, this research
also evaluates the effectiveness of these interventions in supporting peace efforts and
protecting the rights of affected residents. The research method used is a normative
research method with a conceptual approach and a comparative approach. This research
examines the role of international organizations in humanitarian intervention related to
the conflict between Russia and Ukraine. One of the main focuses is the role of the United
Nations (UN) in efforts to resolve the conflict and enforce the humanitarian crisis that
occurred. The results of this research are that humanitarian intervention by international
organizations in the Ukrainian and Russian conflicts is very important in increasing the
suffering of the civilian population. Despite facing various challenges such as limited
access and pollution for aid, food, medical and protection efforts for seriously injured
victims.

ASAS MILITARY NECESSITY PADA KONFLIK BERSENJATA UNTUK MELINDUNGI PENDUDUK SIPIL

2025-05-20T13:00:32+00:00

Military Necessity is a fundamental principle in international humanitarian law that
permits military actions necessary to achieve legitimate military objectives, but must
still limit harm to civilian populations and civilian infrastructure. This study aims to
analyze the application of this principle in contemporary armed conflicts, focusing on
efforts to protect civilians. The research examines the Geneva Conventions, Additional
Protocols, and case studies of modern conflicts to understand the relationship between
Military Necessity and the principle of proportionality, as well as the challenges that
arise in its implementation, particularly in asymmetric conflicts where combatants and
non-combatants are often blended. The findings suggest that while this principle is
widely accepted, its application still frequently presents challenges that lead to violations
of international humanitarian law. Therefore, recommendations to strengthen the
implementation of this principle should be considered in order to enhance protection for
civilians in armed conflicts

PERLINDUNGAN HUKUM TERHADAP KONSUMEN TERKAIT KASUS JUAL BELI MOTOR ONLINE

2025-05-20T13:00:32+00:00

The development of digital technology has encouraged an increase in online motorbike
buying and selling transactions. However, in practice, many consumers face risks such
as inaccurate information, fraud, or a discrepancy between the condition of the vehicle
and what was promised. Legal protection for consumers in these transactions is very
important to guarantee their rights and prevent harmful business practices. This research
aims to analyze legal protection for consumers in cases of online motorbike buying and
selling based on Law Number 8 of 1999 concerning Consumer Protection and related
regulations such as the Civil Code and the Information and Electronic Transactions Law.
Business actors have an obligation to provide correct and not misleading information,
while consumers have the right to protection if violations occur. If a dispute occurs,
consumers can take legal action through the Consumer Dispute Resolution Agency, such
as civil lawsuits, reporting to the police if there are criminal elements such as fraud. Even
though there are regulations governing consumer protection, the effectiveness of their
implementation still needs to be strengthened through stricter supervision and education
for consumers to be more alert when making online transactions.

PERLINDUNGAN HUKUM BAGI PASIEN DALAM PELAYANAN KESEHATAN DI RUMAH SAKIT JIWA PROVINSI BALI

2025-05-20T13:00:32+00:00

In the legal aspect of health, the relationship between the patient and the doctor as a
party has rights and obligations that must be respected. Patients will accept all actions that
will be taken by doctors because they are considered to know and understand their health
conditions with the aim of treatment or healing. Before the action is taken, it is necessary
to have an agreement on the medical action to be carried out on the patient, which can be
in the form of written or verbal consent. But in reality, if there is a loss to the patient due
to health services, legal protection for patients related to medical services can be said to
be still not optimal. Therefore, legal protection is needed for patients in health services at
the Mental Hospital Bali Province. How is legal protection for patients in health services
at the Bali Provincial Mental Hospital. How are efforts to resolve patient complaints in
health services at the Mental Hospital Bali Province. Legal protection for patients in
health services at the Mental Hospital Bali Province has been carried out in accordance
with the laws and regulations regulated in health law sources which are quite broad and
complex. The Mental Hospital Bali Province in carrying out or providing health services
to patients has internal regulations that guide the hospital, namely Hospital By Laws which
is used as a reference in operating hospitals. Efforts to resolve patient complaints in health
services at the Mental Hospital Bali Province can be done in writing and orally. In the
settlement of patient complaints, efforts are made to resolve them through the process of
mediation and deliberation by involving the Complaint Handling Team, Deputy Director
of Services and Director, and if needed in the mediation process, they will coordinate with
other departments. As well as a form of compensation if the patient feels aggrieved while
receiving health services at the Mental Hospital Bali Province.

Kebijakan Hukum Nasional dalam Mengatasi Eksploitasi Anak di Bidang Perdagangan dan Jasa

2025-05-20T13:00:32+00:00

Child exploitation in trade and services remains a serious problem in Indonesia.
This study analyzes the effectiveness of national legal policies in protecting children
from economic exploitation, with a focus on the implementation of Law No. 35 of
2014 on Child Protection and related legal instruments. The research method employs
a normative-juridical approach through literature review and case analysis. The results
indicate that although the legal framework is adequate, field implementation still faces
challenges such as weak inter-institutional coordination, low public awareness, and
budget constraints. This article recommends strengthening the child protection system
through central-regional policy integration, capacity building for law enforcement, and
restorative approaches

Paradigma Baru dalam Pembaharuan Kitab Undang-Undang Hukum Perdata: Upaya Adaptasi terhadap Dinamika Hukum di Era Digital dan Globalisasi

2025-05-20T13:00:32+00:00

The Indonesian Civil Code (KUHPerdata), a legacy of colonial law, has been in
effect for over a century and is increasingly unable to address the normative challenges
posed by the digital era and globalization. These include the lack of regulation concerning
electronic transactions, personal data protection, digital assets, and cross-border
dispute resolution. This study aims to assess the current capability of KUHPerdata to
meet modern legal demands and to propose a renewal approach based on relevant legal
principles and theories of legal formation. Using a normative juridical method with a
statute approach, this research analyzes primary, secondary, and tertiary legal materials
through descriptive analysis. The findings reveal significant normative limitations of
KUHPerdata in responding to socio-economic and technological transformations. Legal
reform is therefore urgently required, based on the principles of justice, legal certainty,
freedom of contract, and consumer protection, and grounded in legal theories such as
natural law, legal positivism, progressive law, and living law. The renewal must aim
to create a responsive and globally integrative civil law system that can accommodate
technological advancements and international legal standards. In conclusion, reforming
KUHPerdata is not only a legal necessity but also a strategic effort to enhance Indonesia’s
legal competitiveness in the global legal landscape.

Perkawinan Dalam Perspektif Hukum Adat Bali

2025-05-20T13:00:32+00:00

According to Balinese customary law which is based on Hindu religious law, there
are forms of marriage that have their own uniqueness and these types of marriages are not
regulated in Law Number 1 of 1974 as amended by Law Number 16 of 2019 concerning
marriage. The forms of marriage that are currently still developing in Bali are ordinary
marriage, nyeburin/nyentana marriage, marriage in Gelahang, inter-caste marriage. The
marriage is valid after the mebyakala ceremony is carried out, while other ceremonies
are considered additional. Marriage from the perspective of Balinese customary law is
that a marriage will give birth to kinship and customary relations. In Balinese customary
society, it is more directed towards a patrilineal kinship system, meaning a straight line
of descent from the male side (Purusa) who is the successor to the family.

PERLINDUNGAN HUKUM HUMANITER INTERNASIONAL TERHADAP WARTAWAN DALAM KONFLIK BERSENJATA

2025-05-20T13:00:32+00:00

This study examines the protection of international humanitarian law for journalists
working in armed conflict situations. Journalists, as key actors in providing information
to the global public, often face serious dangers when covering armed conflicts. This raises
questions about the effectiveness of existing international legal protections for them. This
research employs a normative legal approach by reviewing international regulations such
as the 1977 Additional Protocol I to the Geneva Conventions and Article 4A(4) of the 1949
Geneva Convention III, which provide protection for journalists in war zones. Although
international humanitarian law regulates the protection of journalists, field practices
show that violations of journalists’ rights still frequently occur. Based on these findings,
this study recommends strengthening the implementation of international humanitarian
law and increasing global awareness of the importance of protecting journalists in
conflict areas. The results of this research are expected to contribute theoretically to the
development of humanitarian law and provide practical benefits for journalists carrying
out their duties in armed conflict zones.