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All Journal JOURNAL OF SCIENCE AND SOCIAL RESEARCH Pagaruyuang Law Journal Jurnal Pengabdian Masyarakat Asia Priviet Social Sciences Journal Indonesian Journal of Multidisciplinary on Social and Technology Jurnal Ekonomi Kreatif dan Manajemen Bisnis Digital (JEKOMBITAL) Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH) Journal Science and Theory of law
La Ode Mbunai
Universitas Sains Indonesia
Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Perbandingan Hukum Perlindungan Investor Antara Indonesia dan Negara ASEAN dalam Menghadapi Investasi Ilegal Tuti Elawati; La Ode Mbunai; Muhammad Panca Prana Mustaqim Sinaga; Yusuf Suparman
JUSTLAW : Journal Science and Theory of law Vol. 2 No. 02 (2025): JUSTLAW : Journal Science and Theory of Law
Publisher : Universitas Sains Indonesia Publishing

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The increasing prevalence of fraudulent investment schemes across Southeast Asia reflects weaknesses in investor protection frameworks and the ineffectiveness of regulatory oversight over illegal investment activities. This study aims to analyze and compare the legal frameworks for investor protection in Indonesia and selected ASEAN countries, particularly Malaysia and Singapore, in addressing fraudulent investment practices. The research employs a normative juridical approach using comparative legal analysis. The findings indicate that Indonesia has established a legal basis for investor protection through Law No. 8 of 1995 on Capital Markets and supervision by the Financial Services Authority (OJK). However, its implementation and enforcement still face various challenges, such as low investment literacy and weak sanctions against offenders. In contrast, Malaysia and Singapore have adopted stricter regulations through integrated financial supervision and the use of early detection technologies to monitor illegal investment activities. The comparison highlights the need for strengthening supervisory mechanisms, enhancing legal and financial literacy among the public, and promoting regulatory harmonization among ASEAN countries to build an effective and responsive investor protection system in the digital investment era.
Kedudukan Pengaduan Konstitusional dalam Sistem Kekuasaan Kehakiman Menurut UUD 1945 Syaiful Bahari; La Ode Mbunai; Muhammad Panca Prana Mustaqim Sinaga; Tuti Elawati
JUSTLAW : Journal Science and Theory of law Vol. 2 No. 02 (2025): JUSTLAW : Journal Science and Theory of Law
Publisher : Universitas Sains Indonesia Publishing

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Abstract

Since the 1998 reform, the Indonesian state system has changed a lot, especially after the amendment of the 1945 Constitution. One of the amendments was the Judicial Power. Previously, the Indonesian state system did not recognize constitutional review. There was no mechanism for constitutional review of laws against the 1945 Constitution, because laws were the full authority of the Legislative and the President and could not be sued except through a legislative review mechanism. In the third amendment of the 1945 Constitution, the mechanism for constitutional review of laws against the 1945 Constitution was opened and a new institution was formed, namely the Constitutional Court. In theory and constitutional practice in various countries, the authority of the Constitutional Court is not only judicial review of laws against the 1945 Constitution, but also includes all constitutional review practices, both laws and regulations under the Law and actions of branches of power that are considered to violate or contradict the 1945 Constitution. Unfortunately, the practice of con­stitutional review as a whole has still not been accepted by the MPR and lawmakers. As a result, until now there has been dualism in the constitutional review carried out by the Constitutional Court. Meanwhile, related to constitutional review through the Constitutional Complaint mechanism, it has not yet found a place in the Indonesian state system. This study uses a legislative approach and a historical approach. The study through the legislative approach focuses on the formation of new legal norms and the historical study explains the process and background of the formation of legal institutions.
Pengaturan Outsourcing Pasca Undang-undang Nomor 6 Tahun 2023 dan Putusan Mahkamah Konstitusi Nomor 168/PUU-XXI/2023 Tri Wahyu Pranoto; La Ode Mbunai; Syaiful Bahari; Yusup Suparman
JUSTLAW : Journal Science and Theory of law Vol. 2 No. 02 (2025): JUSTLAW : Journal Science and Theory of Law
Publisher : Universitas Sains Indonesia Publishing

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The regulation of outsourcing in Indonesian labor law has undergone significant changes following the enactment of Law Number 6 of 2023 on Job Creation, which permits outsourcing practices without explicitly limiting the types of work that may be outsourced. This development raises juridical concerns, particularly with regard to legal certainty in employment relationships and the protection of workers’ rights. In this context, Constitutional Court Decision Number 168/PUU-XXI/2023 is of particular importance, as it affirms the constitutional boundaries in the formulation and implementation of labor law norms.This study aims to analyze the juridical implications of outsourcing regulation following the enactment of Law Number 6 of 2023 based on constitutional principles as articulated in Constitutional Court Decision Number 168/PUU-XXI/2023. This research employs a normative legal method using statutory and conceptual approaches. The findings indicate that the regulation of outsourcing is conditionally constitutional, meaning that its validity is contingent upon the existence of normative limitations to ensure legal certainty and the protection of workers’ rights. A key juridical implication of the decision is the emergence of a constitutional obligation for the minister responsible for labor affairs to regulate outsourced work restrictively through implementing regulations in order to safeguard the constitutional rights of workers.
Implementasi Asas Keseimbangan dalam Perjanjian Hubungan Kemitraan Transportasi Online di Indonesia S.H.S Ulil Alba; La Ode Mbunai; Syaiful Bahari; Yusup Suparman
JUSTLAW : Journal Science and Theory of law Vol. 2 No. 02 (2025): JUSTLAW : Journal Science and Theory of Law
Publisher : Universitas Sains Indonesia Publishing

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The development of digital technology has driven significant changes in the transportation sector through the presence of app-based transportation services in Indonesia. The relationship between online transportation companies and drivers is built in the form of a partnership, but in practice it raises legal issues, particularly regarding the certainty of the driver's legal status and the application of the principle of balance in partnership agreements. This study aims to analyze online transportation partnership relationships in Indonesia and examine the application of the principle of contractual balance in these relationships. The research method used is normative legal research with a statutory approach and a conceptual approach, through a review of relevant laws and regulations, doctrines, and legal literature. The results show that online transportation partnership relationships have not received clear regulations in the labor law regime, thus creating a legal vacuum. Although the concept of partnership normatively requires equal standing between the parties, practice in the field demonstrates an imbalance between app companies and drivers. This imbalance is reflected in the use of unilaterally drafted standard agreements, the existence of exoneration clauses, work control through algorithmic systems, and limited driver access to data and information. These conditions result in the principles of balance and proportionality in partnership agreements not being optimally met and potentially detrimental to drivers. Therefore, this study emphasizes the need for more comprehensive and adaptive legal regulations to ensure a balance of rights and obligations and provide fair legal protection for online transportation drivers in Indonesia.
Efektifitas Metode Restorative Justice Terhadap Penyelesaian Perkara Pidana Di Polsek Waesala Kabupaten Seram Bagian Barat La Ode Aindo; La Ode Mbunai
JUSTLAW : Journal Science and Theory of law Vol. 2 No. 02 (2025): JUSTLAW : Journal Science and Theory of Law
Publisher : Universitas Sains Indonesia Publishing

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This research is an Empirical Legal Research. Empirical Legal Research is a type of legal research in which empirical law (empirical legal research), a study conducted by collecting field data sourced from interviewed sources and based on numerical data that has been collected by related institutions. In this study, the author uses a normative and empirical approach in qualitative research literature and field studies this time. The author will combine legal elements and support them with field data. This study found that the Concept of Restorative Justice in Indonesia conceptually has several legal regulations governing it, starting from the 1945 Constitution, Supreme Court Regulations, Regulations of the Indonesian Attorney General's Office and Regulations of the Chief of Police. All of these regulations have provided instructions on how Restorative Justice is implemented and what criminal acts can be resolved using the Restorative Justice method. The effectiveness of the Restorative Justice method in resolving criminal cases at the Waesala Police Station, West Seram Regency has not been running well. This is certainly caused by the mindset of the community who do not understand Restorative Justice as a method for resolving criminal cases. In addition to the mindset of the community, the ineffectiveness of Restorative Justice in resolving criminal cases at the Waesala Police Station, West Seram Regency is caused by the types of cases that can be resolved.
UU Lingkungan Hidup dan Tindak Pidana Korporasi: Antara Regulasi dan Penegakan Hukum Suminah; La Ode Mbunai
JUSTLAW : Journal Science and Theory of law Vol. 2 No. 02 (2025): JUSTLAW : Journal Science and Theory of Law
Publisher : Universitas Sains Indonesia Publishing

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This study discusses the legal analysis of environmental crimes in the context of the latest laws in Indonesia, specifically Law No. 32 of 2009 concerning Environmental Protection and Management and the accompanying regulatory changes until 2025. This study uses a normative juridical method with a statute approach and a conceptual approach. The data used are secondary data obtained from library studies, including laws and regulations, legal literature, and scientific journals. The main focus of this study is on the criminal liability of corporations as perpetrators of environmental crimes, as well as the challenges of legal implementation faced in practice. Although the legal framework is in place, law enforcement against corporations still faces structural, substantial, and cultural obstacles, including difficulties in proving corporate guilt and implementing the principle of ultimum remedium. This study highlights the importance of reforming the environmental legal system, increasing the capacity of law enforcement officers, and the need for policies that support environmental sustainability and ecological justice. With a comprehensive and equitable approach, it is hoped that the goals of sustainable development and the protection of the community's right to a good and healthy environment can be achieved.
Co-Authors Albab, S.H.S Ulil Albar, Fauzan Manafi Bahari, Syaiful Elawati, Tuti Fitra Rahmadani Galih Raspati La Ode Aindo Mhd Panca Prana Mustaqim Sinaga Muhammad Mahendra Maskhur Sinaga Muhammad Panca Prana Mustaqim Sinaga Muhammad Panca Prana Mustaqim Sinaga Priyana, Indarta Putri, Zahra Putri, Zahra Malinda Rahayu, Hilda Rahmadani, Fitrah S.H.S Ulil Alba S.H.S Ulil Albab Salsabila Adinda Syarif Sinaga, Mhd Panca Prana Mustaqim Sinaga, Muhammad Mahendra Maskhur Sinaga, Muhammad Panca Prama Mustaqim Sinaga, Muhammad Panca Prana Mustaqim Suminah Suparman, Yusup Syaiful Bahari Tri Wahyu Pranoto Tuti Elawati Umban Adi Jaya Yusuf Suparman Yusup Suparman Zahra Malinda Putri Zahra Malinda Putri