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INDONESIA
JUSTITIA JURNAL HUKUM
Published by Universitas Muhammadiyah Surabaya
ISSN : 25799983     EISSN : 25796380     DOI : 10.36501/justitia.v1i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JUSTITIA JURNAL HUKUM is a journal published by Faculty of Law Universitas Muhammadiyah Surabaya. This journal focuses on the publication of research results, studies and critical scientific studies in the field of law studies
Arjuna Subject : Umum - Umum
Articles 209 Documents
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Legal Protection for Online Shopping Business Receiving Fictive Orders With a Payment System on The Site or Cash on Delivery Apriyanti, Devi; Purwendah, Elly Kristiani; Muchtar, Wiwin; Pudyastiwi, Elisabeth
JUSTITIA JURNAL HUKUM Vol 6 No 2 (2022): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v6i2.17227

Abstract

ABSTRACT The implementation of buying and selling online provides many benefits to streamline time so that everyone can make buying and selling transactions wherever and whenever. However, in practice it raises several problems, such as on the Shopee shopping site with a payment system using the Cash On Delivery (COD) feature, there are obstacles that are detrimental to the seller. This obstacle is caused by consumers who do not have good intentions by disappearing suddenly when the goods arrive at the buyer's address so that the goods are not paid for and are forced to be sent back to the seller. This is clearly detrimental to the seller both in terms of material and immaterial. The focus of research in this thesis is to analyze the concept of consumer protection for Shopee sellers who implement the COD payment system. This study uses empirical juridical research methods using primary data located in Purwokerto. Data analysis techniques using qualitative methods. The results of the study show that good faith as a form of business actor's obligation to the Shopee Marketplace has been fulfilled, but there is an imbalance in the position of unilaterally canceling so that the business actor does not get his rights in the form of payment for goods. So the seller must bear the risk and the goods must be returned, and for the safety of the seller must bear the cost of resend so that COD becomes more expensive. This is referred to as the risk borne by the seller.  
Consumer Protection Against Traditional and Dangerous Medicines in Indonesia Indradewi, A.A. Sagung Ngurah; Sahid, Mualimin Mochammad
JUSTITIA JURNAL HUKUM Vol 6 No 2 (2022): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v6i2.17240

Abstract

Indonesia is a country that has abundant biological wealth. It encourages the rate of production of traditional medicines which is then followed by a high level of community culture towards the consumption of traditional medicines. Traditional medicine is an alternative medicine in addition to generic drugs sold in pharmacies. Many traditional medicines that circulate in the community. It turns out that not a few are included in the category of dangerous drugs. The formulation of the problem in this research is how to protect consumers when problems arise due to dangerous traditional medicines. This research uses normative juridical research methods, while the results show the Food and Drug Supervisory Agency (Badan Pengawas Obat dan Makanan /BPOM) is a agency that has the authority to give permits and has the right to withdraw traditional medicines. The role of BPOM is also to provide recommendations on policies, especially in the regulation of traditional medicines. It turns out that there are rules regarding traditional medicines still overlap between the Government and BPOM in terms of supervision and protection of the community so that there are still many violations. The rules regarding traditional medicine are not yet comprehensive. The task of BPOM supervises production and distribution. The sanctions for violations for traditional medicine producers are in Articles 60 to 63 of the UUPK, namely administrative sanctions, criminal sanctions, and additional criminal sanctions. Meanwhile, dispute resolution can be through litigation, non-litigation, or the Consumer Dispute Settlement Agency.
Strengthening Public Participation in The Law-Making Sukardi, Sukardi; Wardana, Dodi Jaya
JUSTITIA JURNAL HUKUM Vol 6 No 2 (2022): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v6i2.17241

Abstract

The legal character of a democratic law is identical to its main characteristic, namely the participation of all groups in society. If democracy is defined as the participation of members or groups in society, then this is tantamount to accepting the position that democracy is only possible when the existing groups of people have relatively balanced political power. If one group of people is too strong, then the life of democracy will be threatened. At least, democracy depends on the will of the rulers. Community participation or participation is part of the principles of democracy. One of the main prerequisites for realizing this participation is openness or transparency. The principle of openness contains at least two main elements that allow community participation to occur, namely: First, the right to know. This right is a fundamental right in a democracy. That is, all matters relating to the public interest, then the public should know it completely, correctly and accurately. Second, the right to think. After the public has access to information about what is the public's right to know it, then the right of the community is also to be involved in contributing in order to support government policies.
The Role of Mediation Agreement of Divorce Which Ended Amicably (Case at Yogyakarta Religious Court) Muhammad, Dodi; Sanjaya, Umar Haris
JUSTITIA JURNAL HUKUM Vol 6 No 2 (2022): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v6i2.17179

Abstract

Mediation is one form of alternative dispute resolution outside the Court. The purpose of mediation is to resolve disputes between the parties by involving a neutral and impartial third party. The process of implementing mediation is actually very simple, but in reality there are many things that hinder or complicate the success of mediation. It is proven from the number of unsuccessful mediations compared to successful mediations in court. The formulation of the problem proposed is: How is the consideration of the divorce mediation peace agreement at the Yogyakarta Religious Court and whether the divorce dispute mediation agreement is in accordance with Supreme Court Regulation (Perma) No. 1 of 2016. The purpose of this research is to find out how the consideration of the peace agreement on divorce mediation in the Yogyakarta Religious Court and to find out the divorce mediation agreement according to Perma No. 1/2016. 1 of 2016. This research includes Empirical Research. Research data were collected by means of interviews and literature study. The analysis was carried out by Sociological Jurisdiction. The results of the analysis at the Yogyakarta Religious Court in 2017 mediation succeeded in reaching an agreement that only 11 cases out of a total of 241 cases were mediated, in 2018 only 19 cases out of a total of 265 cases, in 2019 only 23 cases out of a total of 204 cases, and in 2020 only 16 cases out of a total of 191 cases. Consideration of peaceful mediation, namely the role of the mediator and the good faith of the parties in conducting mediation. 1 of 2016, such as the type of case requiring mediation, good faith in taking mediation, costs incurred in mediation, mediation venue, and mediator certification. This makes mediation successful/peaceful, peace is one of the goals in civil disputes. 
Effectiveness of the Electronic Information and Transactions Act Against Dating APPS-Based Pornography Crimes Anwar, Maulidya; Maskun, Maskun; Judhariksawan, Judhariksawan
JUSTITIA JURNAL HUKUM Vol 6 No 2 (2022): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v6i2.17392

Abstract

Penelitian ini bertujuan untuk :  (1) Menganalisis, mengevaluasi, dan mencari tahu sejauh mana efektivitas UU ITE terhadap tindak pidana pornografi berbasis Dating APPS di Kota Makassar. (2) Menganalisis, mengevaluasi, dan menemukan faktor yang berpengaruh terhadap efektivitas penegak hukum  Terhadap Tindak Pidana Pornografi Berbasis Dating APPS di Kota Makassar. Penelitian ini merupakan penelitian hukum empiris dengan menggunakan pendekatan lapangan, dimulai wawancara yang akan mengkaji dan menganalisis sejauh mana efektivitas UU ITE terhadap tindak pidana pornografi berbasis Dating APPS. Tipe penelitian ini meliputi kajian yang memandang hukum sebagai kenyataan, mencakup kenyataan sosial, kenyataan kultur dan kenyataan penegak hukumnya. Hasil penelitian ini menunjukan bahwa : (1) Dari segi relugasi telah dianggap memumpuni, namun jika dititik beratkan pada struktur penegak hukum, penulis menemukan masih banyaknya penyebaran informasi ataupun konten yang mengandung muatan asusila di beberapa aplikasi dating apps. (2) Efektivitas penegakan hukum belum maksimal dan edukasi tentang penyebaran konten bermuatan asusila belum maksimal sehingga kesadaran hukum masyarakat juga belum menyeluruh dan mendalam tentang regulasi UU ITE terhadap penyebaran konten bermuatan pornografi terkhusus di media dating apps.
Relevance of Life Prison in View from the Purpose of Criminal Rahman, Kholilur; Nainggolan, Samuel Dharma Putra; Sinambela, Jamalum; Budi, Kukuh Pramono; Lestari, Arum Ayu
JUSTITIA JURNAL HUKUM Vol 6 No 2 (2022): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v6i2.17239

Abstract

Forms of imprisonment are divided into 2 (two), namely imprisonment for a certain time and imprisonment for life. Life imprisonment is a prison sentence that is served by the convict by remaining in prison until his death. This research is a legal research that uses a statutory approach, and a conceptual approach is used to find out the effectiveness and efficiency of life imprisonment as a form of punishment. This research also describes the ineffectiveness of life imprisonment and seeks to describe forms of punishment that are more appropriate to be carried out in this modern era for the sake of upholding justice and achieving the goals of punishment.
The Effect of Self Medication Practices on Oversight of Potent Drugs Without a Doctor's Prescription Masaliha, Musyafar T; Alwi, Sabir; Misdar, Andriani
JUSTITIA JURNAL HUKUM Vol 7 No 1 (2023): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v7i1.18018

Abstract

The practice of self-medication is the practice of treating oneself without consulting a doctor. The practice of self-medication according to existing regulations may only be carried out for over the counter drugs and limited over the counter drugs, however, in practice in the field there are many self medication practices using hard drugs without a doctor's prescription. This study aims to analyze the practice of self-medication of hard drugs without a doctor's prescription legally and to analyze its relationship with the supervision carried out by the POM Agency. This study uses a normative juridical method by analyzing cases that occur using existing legal materials, both primary, secondary and non-legal materials. From the research it can be concluded that the practice of self-medication of potent drugs without a doctor's prescription is contrary to existing provisions and can affect the effectiveness of the implementation of supervision carried out by the BPOM. 
Legal Review of the Publication of Song Scores on Youtube Without the Copyright Owner's Permission Fitriadi, Muhammad; jannah, Miftahul; Marlin, Marlin; Zull Haq, Rusdien Aditya
JUSTITIA JURNAL HUKUM Vol 7 No 1 (2023): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v7i1.18997

Abstract

The discussion in this research is fundamentally related to the legal review of the publication of sheet music on YouTube without the permission of the copyright owner. Often uploading song scores on Youtube with the intention of wanting to publish and gain personal gain is a new habit that has been practiced by the public lately because of technological developments and easy access to do so, it also causes a weakness in the legal protection given to creators who own works. and is entitled to the copyright. To examine the themes raised in this study, several main issues were formulated, including 1) What are the indicators of song copyright protection under the Copyright Law?, 2) What are the legal implications for the actions of someone who publishes sheet music without the author's permission in Youtube? The results of this study are that 1) Indicators in song copyright protection based on the Copyright Law, namely moral rights and economic rights. Moral rights are based on the existence of a creation that must be protected because it is a real form of the results of a person's thoughts, imagination, expertise and abilities, while economic rights are based on the existence of exclusive rights that are automatically owned by a creator to benefit from his creation as long as all of these economic rights are not transferred to others. 2) The legal implications arising from the actions of someone who publishes sheet music without the permission of the creator or the legal copyright holder on Youtube, can be sued for civil damages through a commercial court and can also be prosecuted criminally in the form of a criminal act of copyright infringement which is a type of criminal complaint.
Implementation of Permendikbudristek Number 30 of 2021 And The Law on The Criminal Action of Sexual Violence Towards The Behavior of Sexual Harassment by Educators To Students In The Campus Environment (Case Study of The University of Muhammadiyah Tangerang) Efrilia, Erma; Fauziah Ahmad, Dwi Nur; Amiludin, Amiludin; Hidayatullah, Hidayatullah
JUSTITIA JURNAL HUKUM Vol 7 No 1 (2023): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v7i1.18386

Abstract

Sexual harassment has recently occurred a lot in the campus environment, the purpose of this study is to find out the application of Regulation of the Minister of Education, Culture, Research and Technology number 30 of 2021 and the law on criminal acts of sexual violence against sexual harassment behavior by educators to students in the University Muhammadiyah Tangerang environment, this research is empirical juridical with primary and secondary data sources, primary data is obtained from interviews with speakers, namely the director of Legal Aid of University Muhammadiyah Tangerang, Taskforce and student selection committee, observations in the University Muhammadiyah Tangerang campus environment and documentation, while the secondary data comes from primary legal materials in the form of laws and regulations, namely Regulation of the Minister of Education, Culture, Research and Technology number 30 of 2021 and Law Number 12 of 2022 concerning sexual violence crimes, which is then analyzed qualitatively so that data is presented in the form of sentences. The result of the discussion was the existence of a task force selection committee as a form of implementing regulations and protecting victims.Sexual harassment, campus, implement, regulations
The Making of Law Non-Participatory and Its Impact on Democracy Wardana, Dodi Jaya
JUSTITIA JURNAL HUKUM Vol 7 No 1 (2023): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v7i1.17565

Abstract

The formation of laws in Indonesia today, both formally and materially, is still prone to deviations (controversy) by not involving public participation and not being open. This will result in problems in the form of legislative corruption, buying and selling articles, law products with weak legitimacy to Judicial Review. Public participation in the process of forming laws is an important element, because laws that are formed in a participatory manner are in line with democratic rule of law and meet the legal needs of society. Democracy. The focus of the study and analysis carried out in this research is related to the formation of an omnibus law (Cipta Kerja) which is considered undemocratic so that it poses a danger (legal consequences) and various responses from the community ranging from community rejection, students to workers who hold demonstrations. (demo) in various regions, then the submission of a judicial review at the constitutional court, then the inclusion of bills that are not important into the national legislation program and the existence of corruption in legislation in the law-making stage. This research is a normative legal research that aims to find solutions to legal issues and problems that arise in Indonesia in it, so that the results to be achieved then provide a prescription on what should be on the issues raised. The approach used is the law approach and the concept approach. The results of this study show that the process of forming the Omnibus law (Cipta Kerja) is full of interests, in this case the Government, DPR to Entrepreneurs so that it is not transparent (closed) and the lack of public participation which results in violations of democratic values and the constitution.Keywords: Formation of Laws; Not Participatory; Democracy.

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