Yustitia https://yustitia.unwir.ac.id/index.php/yustitia <p><span style="vertical-align: inherit;"><span style="vertical-align: inherit;">Jurnal Yustitia Lembaga Kajian Hukum (LKH) merupakan unit pelaksana teknis yang membidangi tata kelola dan manajemen terbitan berkala ilmiah di lingkungan Fakultas Hukum Universitas Wiralodra yang bertujuan untuk meningkatkan kuantitas dan kualitas publikasi ilmiah di bidang ilmu hukum. </span></span><span style="vertical-align: inherit;"><span style="vertical-align: inherit;">M</span></span><span style="vertical-align: inherit;"><span style="vertical-align: inherit;">engupayakan penyebarluasan riset dan penelitian </span></span><span style="vertical-align: inherit;"><span style="vertical-align: inherit;">yang dilakukan oleh tenaga pendidik, profesional, praktisi dan mahasiswa secara luas dan berkelanjutan sebagai bagian dari pelaksanaan Tridharma Pendidikan Tinggi yang berlandaskan pada </span></span><span style="vertical-align: inherit;"><span style="vertical-align: inherit;">nilai-nilai Ketuhanan, kebangsaan dan kearifan lokal. </span></span><span style="vertical-align: inherit;"><span style="vertical-align: inherit;">Jurnal Yustitia Lembaga Kajian Hukum (LKH) Fakultas Hukum Universitas Wiralodra terbit secara periodik sebanyak 2 (dua) kali dalam 1 (satu) tahun yaitu pada bulan April dan Oktober.</span></span></p> Universitas Wiralodra en-US Yustitia 1978-9963 STRATEGI TATA BANGUNAN PADA RUMAH TAHANAN KELAS IIB HUMBANG HASUNDUTAN https://yustitia.unwir.ac.id/index.php/yustitia/article/view/145 <p><em>This study aims to determine the strategy of building design in Humbang Hasundutan Rutan Class IIB. The type of research used is normative-empirical research. Primary data from specialist interviews and secondary data from literature study were used as data types. The data obtained from the study were analyzed using qualitative methods with descriptive decomposition. Based on the results of the study, it was found that the concept of the Humbang Hasundutan Class IIB Rutan building was not in accordance with the standards for the type of prison technical implementing unit, as stated in the Decree of the Minister of Law and Humanity No. M. 01. OT. 01/01/2003 concerning the Technical Correctional Institution Development Plan and the Details of the Population Assessment Standards according to the Decree of the Director General of Corrections Number PAS-499. NS. 02.03.01 of 2015 concerning Standards for Assessment of Rutan or Prison Employees. The set of policies and regulations that implement the prison system requires housing assessments as a tool to gather information and determine actual versus expected situations.</em></p> Jessica Tio Minar Simatupang Padmono Padmono Copyright (c) 2022 Universitas Wiralodra 2022-04-30 2022-04-30 8 1 1 14 10.31943/yustitia.v8i1.145 PENEGAKAN HUKUM TERHADAP PELANGGARAN PRINSIP KEHATI-HATIAN DALAM PEMBERIAN KREDIT PERBANKAN https://yustitia.unwir.ac.id/index.php/yustitia/article/view/152 <p><em>B</em><em>a</em><em>n</em><em>k</em><em>s have a strategic function in the economy in every country. In this strategic function, banks are always faced with regulations in every step of their business. The regulation is not only on how to establish or permit to establish a bank, but each bank balance sheet is regulated in such a way that the bank is in a healthy level that is maintained in order to guide the principles or principles of banking. One of the banking principles that has become a serious concern for law enforcers is the principle of prudence. We can see the factual implementation of the precautionary principle in the application of in-depth credit analysis using the five c principle, which includes elements of character (character), capital (capital), capacity (customer's ability), condition of economy (economic condition), and colleteral (collateral). The principle of prudence is very necessary, especially in the case of banks wishing to channel funds to the public in the form of credit or financing. The precautionary principle is often interpreted as a principle that banks in carrying out their business must pay attention to various risks, both administrative risks and legal risks. The meaning of prudence is very broad to be interpreted, so that any violation of risk is categorized as a violation of the precautionary principle. Violation of the precautionary principle has become a law enforcement tool to ensnare banking managers, especially in providing credit as a crime. There needs to be a banking regulatory product that specifically regulates the limitations of any sanctions that are referred to as administrative violators or criminal acts of prudential principles. Because, if it is not regulated clearly and firmly, it will create legal uncertainty</em></p> Khalimi Khalimi Kodrat Alam Copyright (c) 2022 Universitas Wiralodra 2022-04-30 2022-04-30 8 1 15 35 10.31943/yustitia.v8i1.152 PENYELESAIAN SENGKETA KREDIT MACET AKIBAT DEBITUR WANPRESTASI DALAM SITUASI PANDEMI COVID-19 PADA BPR KITA, KUTA-BADUNG https://yustitia.unwir.ac.id/index.php/yustitia/article/view/146 <p><em>The business activities carried out by BPR KITA are collecting and distributing funds to residents in the form of credit loans. Given COVID-19 pandemic, which implementation of lending carried out by BPRs did not run smoothly, as a result it resulted in congestion on credit or defaults, this factor was the cause of the inability of citizens to fulfill certain obligations from transactions and engagements that they had carried out. , resulting in the threat of default such as late payment of credit installments&nbsp; and&nbsp; other&nbsp; payments that&nbsp; have&nbsp; been&nbsp; previously&nbsp; agreed&nbsp; with&nbsp; the&nbsp; bank.&nbsp; This thesis research is empirical legal research which places more emphasis on field research. The research method used is descriptive qualitative method, using primary data and secondary data. The data collection technique used in the preparation of this thesis is an interview technique with the main director of BPR KITA. The results of this thesis research can be concluded that the cause of bad loans is due to a pandemic that has an impact on their business, resulting in a default by the debtor, so the settlement of bad credit disputes at BPR KITA uses a non-litigation method (outside the court), which takes a non-litigation approach. to the debtor and find a way out so that the debtor can carry out his obligations again.</em></p> Astrina Putri Irlanda Kadek Januarsa Adi Sudharma Copyright (c) 2022 Universitas Wiralodra 2022-04-30 2022-04-30 8 1 36 47 10.31943/yustitia.v8i1.146 URGENSI CONTEMPT OF COURT DALAM PELAKSANAAN PUTUSAN PTUN: STUDI PERBANDINGAN INDONESIA DAN THAILAND https://yustitia.unwir.ac.id/index.php/yustitia/article/view/148 <p><em>The implementation of the decisions of the State Administrative Court (PTUN) in positive law has been strengthened by using administrative and civil coercive measures in the form of imposition of forced money. However, in the decision execution mechanism, the Administrative Court does not have an executive body, so that the State Administration Officer is often disobedient and does not implement the Administrative Court decisions. Thus, citizens' constitutional rights to justice that have been decided by the State Administrative Court can be threatened. This study aims to compare the PTUN system in Thailand and Indonesia and analyze the urgency of contempt of court action. This research uses normative research with a statutory approach and a comparative approach. The results of this study are that there is no regulation regarding the contempt of court and the executorial institutions of the Administrative Court decisions in Indonesia. Meanwhile, Thailand already has a contempt of court regulation and an executive body that functionally carries out the execution of litigants. Therefore, the regulation and implementation of contempt of court to State Administration Officials who do not implement the Administrative Court decisions is an urgency to increase the effectiveness of the execution of Administrative Court decisions in Indonesia.</em></p> Ahsana Nadiyya Copyright (c) 2022 Universitas Wiralodra 2022-04-30 2022-04-30 8 1 48 61 10.31943/yustitia.v8i1.148 MODEL SISTEM PENYELENGARAAN KEOLAHRAGAAN DI KABUPATEN INDRAMAYU SEBAGAI UPAYA MENINGKATKAN PRESTASI ATLET https://yustitia.unwir.ac.id/index.php/yustitia/article/view/150 <p><em>This study is to analyze and describe the duties, obligations and authorities of local governments based on the provisions of laws and regulations regarding the implementation of sports in the regions where local governments, both provincial and district/city governments, namely in carrying out sports administration can determine and implement sports policies in the regions. based on sports policies and coordinate, supervise, and evaluate the implementation of sports policies in the regions based on sports policies. Local governments implement sports policies by considering regional potential and regional conditions. In addition, in an effort to improve sports achievement in Indramayu Regency, various influential factors emerged, both supporting or hindering. Factors that are supportive are consistent coaches, quality athletes, assistance from the private sector, and the implementation of sporting events. While the inhibiting factors are limited facilities and infrastructure, stunted regeneration of athletes, and funding and these problems in some of the obstacles to athlete achievement, the local government can establish policies in the form of regional regulations.</em></p> Riva Rachmi Kusumah Syamsul Bahri Siregar Copyright (c) 2022 Universitas Wiralodra 2022-04-30 2022-04-30 8 1 62 79 10.31943/yustitia.v8i1.150 REKONSEPTUALISASI ASAS PEMISAHAN HORISONTAL DALAM PERTAMBANGAN MINERAL DAN BATUBARA DI INDONESIA https://yustitia.unwir.ac.id/index.php/yustitia/article/view/151 <p><em>The principle of horizontal separation in the UUPA replaces the principle of vertical attachment adopted by the Civil Code. The principle of horizontal separation comes from the philosophy of customary law. The principle of horizontal separation separates the ground and whatever is adhere to the ground. So far, the principle of horizontal separation has only discussed the separation of land and buildings on it. This paper attempts to develop the concept of horizontal separation in mineral and coal mining. The concept of the horizontal separation principle in mineral and coal mining is implied in Article 92 of the Mineral and Coal (Minerba) Law which states that the holder of a Mining Business Permit (IUP) and a Special Mining Business Permit (IUPK) has the right to own minerals, including associated minerals or coal that has been produced if it has been produced. meet exploration fees or production operation fees, except for radioactive associated minerals. This article shows that ownership of minerals and coal is given to IUP and IUPK holders who have paid dues, thus the transfer of ownership to IUPK and IUPK holders can be interpreted to separate land rights from minerals and coal. This the concept of the principle of horizontal separation does not only separate land from plants and buildings on it but also separates soil from minerals and coal.</em></p> Arif Firmansyah Copyright (c) 2022 Universitas Wiralodra 2022-04-30 2022-04-30 8 1 80 96 10.31943/yustitia.v8i1.151 ANALISIS PENEGAKAN HUKUM PEMILU DAN PEMILIHAN (Study Penanganan Pelanggaran di Bawaslu Kabupaten Indramayu) https://yustitia.unwir.ac.id/index.php/yustitia/article/view/153 <p><em>This research/writing was made to analyze the Law Enforcement of the 2019 and 2020 Elections in Indramayu Regency, namely in the law enforcement of election/election crimes by the Gakkumdu Center based on the theory of the legal system, namely: legal structure, legal substance, and legal culture. Law Enforcement is not only related to substance but also in the process of handling it, weaknesses in the law enforcement process which later become the formulation in effective Law Enforcement of Election Crimes and Elections 2024. </em><em>In this study, the author uses the normative juridical method by analyzing data through the study of library materials or secondary data which includes primary legal materials, secondary legal materials and tertiary legal materials, both in the form of documents and applicable laws and regulations relating to normative juridical analysis of enforcement. electoral and electoral law.</em></p> Carto Carto Adnan Murya Muh. Aripin Nurmantoro Copyright (c) 2022 Universitas Wiralodra 2022-04-30 2022-04-30 8 1 97 106 10.31943/yustitia.v8i1.153 PERAN PEMERINTAH DAERAH DALAM PEMBERDAYAAN DAN PENGEMBANGAN USAHA MIKRO KECIL DAN MENENGAH DI KABUPATEN INDRAMAYU https://yustitia.unwir.ac.id/index.php/yustitia/article/view/154 <p><em>The granting of power to local governments aims to accelerate the realization of welfare for the people in the area through good service, bureaucracy and empowerment. In addition, the regional government is expected to be able to increase regional competitiveness by using all the potential and diversity of the region so that it will also have an impact on the welfare of the regional community. One of the factors that need to be considered by the Regional Government is the economic sector. Local governments need to pay attention to the regional economic sector by paying attention to the potential and diversity of the area so that the area can be economically independent and the local community becomes prosperous. Therefore, local governments can form policies in the form of regional regulations in districts/cities in accordance with their authority in providing empowerment and development to micro, small and medium enterprises.</em></p> Suhendar Suhendar Riva Rachmi Kusumah Suhaendi Salidja Copyright (c) 2022 Universitas Wiralodra 2022-04-30 2022-04-30 8 1 107 121 10.31943/yustitia.v8i1.154