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All Journal Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo Madura JURNAL MAHKAMAH Jurnal Akta JUSTITIA JURNAL HUKUM Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Unes Law Review Gorontalo Law Review JUSTISI Kontribusia : Research Dissemination for Community Development Jurnal Justiciabelen Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences LEGAL BRIEF Community Empowerment DedikasiMU: Journal of Community Service Law Development Journal Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Borobudur Law and Society Journal Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora SASI aktivisme: Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Fundamentum: Jurnal Pengabdian Multidisiplin Pemuliaan Keadilan
Ifahda Pratama Hapsari
Universitas Muhammadiyah Gresik
Religion Arts Humanities Economics, Econometrics & Finance Education Electrical & Electronics Engineering Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Medicine & Pharmacology Physics Public Health Social Sciences Other

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Journal : JUSTISI

 1 
Administrative Criminal Reform in Providing Accountability for Skincare Actors Who Have Not Registered with BPOM Putri, Aulia; Ifahda Pratama Hapsari
JUSTISI Vol. 11 No. 1 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i1.3751

Abstract

The study aimed to analyze which problem from skincare products none approval from Indonesian Food and Drug Administration (BPOM) This is serious problem the affects public health and damages consumer trust. This study examines the legal issues and fraud risks for those running illegal skincare businesses. Based on Article 36 of the 2009 Health Law, namely Article 106 and Article 197, business owners who operate products without BPOM approval can face administrative for penal sanctions. According to the principle of strict liability, business owners must ensure the safety of their products from the beginning to the end of the production process. If consumers suffer losses as a result of undelivered products, manufacturers or distributors can be asked to provide compensation. In addition, this study highlights the role of BPOM in legal compliance and law enforcement, as well as the importance of public awareness to prevent discrimination. Methods used in this study isnormative legal research. The research aims to scientifically explain how two legal principles, strict liability and vicarious liability, are applied in the legal context involving the sale of illegal cosmetic products. Describe the difference between strict liability, which does not require proof of malicious intent, and vicarious liability, which involves the responsibility of another party through a legal relationship. Highlight how the law in Indonesia, especially in health laws and BPOM regulations, enforces legal responsibility against business actors who sell illegal cosmetics. Emphasize the importance consumer protection and liability of producers and distributors for their products sell, both through criminal and administrative channels.
Religion-Based Law Enforcement in Indonesia, Malaysia, and Saudi Arabia: A Comparative Law Analysis Mohammad Furqoon Senoaji; Ifahda Pratama Hapsari
JUSTISI Vol. 11 No. 2 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i2.4263

Abstract

This study aims to analyze and compare the complexity of religious law's implications for law enforcement in Indonesia, Malaysia, and Saudi Arabia, which have a majority Muslim population. The study comprehensively analyzed the literature, maximizing articles and sources relevant to the three countries' patterns, differences and similarities of law enforcement, by summarizing and examining the writings. A comprehensive method is used by outlining legal reforms and public education to ensure that equal rights for religious minorities are substantially respected and protected. This novelty is in the results from previous studies that examined the application of Islamic criminal law in Indonesia, Malaysia, and Saudi Arabia. The results of this study show the complex challenges and potential for protecting the rights of minority citizens in implementing Islamic law in each of these countries. Furthermore, it is mentioned in this study that the linear application of Islamic law in state policy often leads to tensions and resistance between religious principles, human rights principles and internationally recognized law which is currently often accepted by Saudi Arabia through the ijtihad system and the dual influence of Sharia and regulations issued by the state. In contrast, Indonesia and Malaysia are considered more flexible by applying two legal systems for Islamic communities and civil society in general. The study concluded by comparing law enforcement activities carried out in the three countries, which revealed why the three countries with the majority of the population of Islam could implement a legal system with diverse impacts.
EKSISTENSI KEBERADAAN SANKSI UU TPKS MEMBERIKAN PERLINDUNGAN BAGI KORBAN PELECEHAN SEKSUAL DIINDONESIA Fajar Yaskur; Ifahda Pratama Hapsari
JUSTISI Vol. 11 No. 1 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i1.3748

Abstract

This study aims to determine the existence of the sanctions of the sexual violence crime act called (TPKS) in various ways to provide preventive and repressive legal protection for victims of sexual violence. They are compiled using the normative method, which includes the study of laws and regulations, legal theories, opinions of experts, and other legal materials. Sexual harassment is an act that has a severe impact on victims, and the existence of the TPKS Law Number 12 of 2022 in Indonesia was formed as a legal umbrella effort and as an effort to renew punitive sanctions to follow up firmly on perpetrators of sexual harassment. The Criminal Code that has been amended and regulated in the Criminal Code Number 1 of 2023, which is explained in Chapter XV concerning criminal acts of decency, mainly regulated in articles 414 to 423 of the Criminal Code, has also not been able to provide complete legal protection for victims of sexual harassment. The Criminal Code also does not mention explicitly or explicitly the problem of sexual abuse. The result of this research is to provide explanation and legal protection for victims who are mentally disturbed due to the impact of sexual harassment and can provide punishment for perpetrators regardless of their status to create a deterrent effect for the perpetrators.
Co-Authors Ahsan, Allya Maulida Putri Astari P, Enggar Windi Aulia Putri Beni Dwi Komara Chusnul Karimah Citra, Nabilah Seviana Dodi Jaya Wardana Dwita Rahmawati Fajar Yaskur Hadi Ismanto Hammi Farid Hardian Iskandar Hidayah, Putri Rohmatul I Nyoman Nurjaya Iskanda, Hardian Iskandar, Hardian Iskandar Isnaeni Abdillah Liat Mauli Iwan Sandi Pangarso Izzah Audina Jannah, Nor Eka Miftakhul Kartika, Sinta Wahyu Kiki Andrian Lingga Adi Dharma Milda Istiqomah Mohammad Furqoon Senoaji Muhammad Azkannasabi Nabilah Seviana Citra Nadia Prawira Supriadi Nor Eka Miftakhul Jannah Nurini Aprilianda Perwitasari, Dinda Tri Novia Putra, Muhammad Ardiansyah Satria Dwi Putri Rohmatul Hidayah Putri Saffanah, Adinda Rahmi, Vembri Aulia Ridho Afrizal Abd Rohim Ridwan, Muhammad Basitur Rizkyfia Desya Anindyta Rodhiyah, Isyatur Sinta Wahyu Kartika Sudibyo, Ibnu Suri Oktavian Vembri Aulia Rahmi Vembri Aulia Rahmi Zen Maulana Akbar