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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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Independence of The General Election Commission In Carrying Out Factual Verification of Political Parties General Election Participants Azis, Imron Rizki; La Dee, Mustakim; Salam, Safrin; Kaswandi, Kaswandi
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.v7i1.18370

Abstract

Political parties are an important aspect that determines the quality of holding good general elections, because political parties are the first door for candidates for government administration. Find out what are the requirements for political parties to become participants in the General Election (PEMILU) and how to carry out factual verification of political parties. The statutory and analytical approach through literature studies related to the factual verification of political parties participating in general elections. There are parties that were previously declared ineligible, then later after taking legal or administrative measures they were passed, meaning that there was implementation that was not optimal or error in the field.
The Covid-19 Pandemic in Indonesia: Children as Children First, Child Refugees Second? Puspita, Natalia Yeti
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.v7i1.17839

Abstract

Indonesia is often a transit country for refugees, even though Indonesia is not ratified the 1951 Refugee Convention and the 1967 Refugee Protocol. The Covid-19 pandemic has made it even more challenging to fulfil human rights guarantees for child refugees in Indonesia. Child refugees and refugees who were not accompanied by adults are the group most vulnerable to human rights violations.Based on this, this paper will analyze the legal protection for child refugees in Indonesia during the Covid-19 pandemic. This article is the result of normative legal researchwhichemphasizes secondary data. The data was obtained through library research.The legal protection for handling refugees, especially child refugees in Indonesia and during the Covid-19 pandemic, is based on the principle of non-refoulment, the principle of non-discrimination and the principle of the best interests of child.Keywords: Legal Protection, Child Refugees, Indonesia, Covid-19 Pandemic.
AI in Law: How Artificial Intelligence Is Transforming the Legal Profession in Indonesia Masithoh, Mutia Qori Dewi; Hakim, Hary Abdul; Praja, Chrisna Bagus Edhita; Iswanto, Bambang Tjatur
JUSTITIA JURNAL HUKUM Vol 7 No 2 (2023): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v7i2.17832

Abstract

The profess on the development of Artificial Intelligence (AI) has widely transformed a new era in the digital technology, social economic, human need and professional behavior. Eventually, artificial intelligence automates even more aspects of legal profession. Furthermore, AI allows the legal profession to automate lower-level tasks, freeing time to focus on complex analysis and client interaction. The research aims to know the literacy of legal professional on the use of AI. The methods used in this study are normative-empirical legal research. Furthermore, research uses primary data which obtained from questionary survey, secondary data i.e., law, books, journals and other related legal sources for research. Meanwhile, the research will analyze through descriptive qualitatively. The research shows that the literacy level of law enforcers in the use of AI is in the medium category. Data shows that 75% of legal professional shows their positive respond about the implementation of AI in their profession. While other shows, 8% of high percentage and 17% of low percentage.
LEGAL REPRESENTASIONAL SEBAGAI UPAYA MENINGKATKAN NILAI ASET EKSTRALEGAL PELAKU USAHA EKONOMI KREATIF SEKTOR PARIWISATA Jusmadi, Rhido; Sumriyah
JUSTITIA JURNAL HUKUM Vol 7 No 2 (2023): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v7i2.18828

Abstract

The presence of creative economy entrepreneurs in the tourism sector as one of the people's economic units has made a significant contribution to the economic development process in Indonesia, particularly in poverty eradication efforts. The simple assets traditionally owned by creative economy entrepreneurs in the tourism sector surprisingly hold considerable economic value potential. However, this significant potential is often overlooked due to its status as an extralegal asset, not recognized within the existing legal protection system. Consequently, the existing system does not acknowledge the legitimacy of these assets, rendering them lacking a strategic economic basis since they cannot be used as collateral to secure capital. Given this scenario, there is a need for an approach in the form of a legal representational model, serving as an alternative policy or regulation to transform the potential of extralegal assets owned by creative economy entrepreneurs in the tourism sector into productive capital. This transformation aims to add value to production capacity (capitalization of assets) and ensure protection within the prevailing formal legal system. The legal representational model can serve as a solution to enhance the potential of resources held by creative economy entrepreneurs in the tourism sector, contributing to the economic capacity of the region to achieve the well-being and prosperity of the local communities.
Peran Desa Adat dalam Upaya Penanggulangan Kekerasan Seksual Terhadap Anak di Kabupaten Buleleng Ni Putu Rai Yuliartini; Dewa Gede Sudika Mangku
JUSTITIA JURNAL HUKUM Vol 7 No 2 (2023): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v7i2.20251

Abstract

This research is based on the issue of the rampant cases of child sexual violence occurring in Buleleng Regency. The questions to be answered as the objectives of this research are: (1) how are the legal regulations governing the role of traditional villages in efforts to combat child sexual violence?; and (2) what is the role of traditional villages in efforts to prevent child sexual violence in Buleleng Regency? The research method used is empirical legal research of a descriptive nature. The data and data sources used in this study are primary and secondary data. Data collection techniques used in this study are document study, observation, and interviews. The sample determination technique used in this study is non-probability sampling with purposive sample as the sample type. The data collected in this study is further constructed qualitatively and presented descriptively. The results of this study found that: (1) the regulation regarding the role of traditional villages in efforts to prevent child sexual violence is not explicitly regulated in the Child Protection Act, the Sexual Violence Act, and related regulations at the provincial and Buleleng Regency levels; and (2) the role of traditional villages in efforts to prevent child sexual violence in Buleleng Regency is not very significant. This is due to the lack of specific legal basis regulating the role of traditional villages in preventing child sexual violence.
The Significance of State Practises in Enforcing the Principle of Effectiveness in Claims of Territorial Ownership Vinata, Ria; Ibnu Asqori Pohan
JUSTITIA JURNAL HUKUM Vol 7 No 2 (2023): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v7i2.20410

Abstract

The state can obtain rights to a territory through various means of ownership, including prescription, accretion, cession, conquest, and occupation, as long as it can effectively control (occupation) the territory with long-lasting control (practical work). The Sipadan and Ligitan Islands dispute is Indonesia's first experience with the concept of effectivity. Effective control over an area dramatically influences the claim to ownership. Several countries claim land ownership based on ratio decidendi analysis of international court decisions. The Research method in this writing uses normative juridical analysis also known as the library research method. The author chose this approach because the analysis results will be discussed and explained concerning international law case studies. This research aims to analyze and describe the Role of State Practices in Implementing the Principle of Effectiveness towards Claims of Territorial Ownership.
Implications of Space Exploitation and Exploration on The Environment by Human Rights Ahmad Syahird; Irwan
JUSTITIA JURNAL HUKUM Vol 7 No 2 (2023): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v7i2.20412

Abstract

This study aims to require an instrument of international law on the laws of space which is an ecological perspective by including the right to get a good and clean environment for everyone. Then, it will need to be found in the application of international-law instruments that have existed by launcher and private states to engage exploitation and exploration activities in space. This type of study results in normative juridical research that guides current international laws and regulations and other legal materials by studying library materials of legal materials that are relevant to the topic. The results of this study suggest that the destruction of exploitation and space exploration is a structural problem due to the political economic domination, both of developed and private countries and capital. By power and capital superiority, the exploitation and exploration of space are done far away from the perspective of human rights.
Sexual Violence in Higher Education, Policies in Indonesia and India Sukeni, Dewi Setyowati; Bhanu Prakash
JUSTITIA JURNAL HUKUM Vol 7 No 2 (2023): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v7i2.20438

Abstract

The phenomenon of sexual violence in college is a serious concern of the Ministry of Education and Culture, and in order to prevent and handle the occurrence of sexual violence in college, the Minister of Education and Culture Regulation Number 30 Year 2021 concerning Prevention and Handling of Sexual Violence in Higher Education is issued (hereinafter referred to as Permendikbud 30 / 2021) which was promulgated on September 30, 2021. The enactment of Permendikbud 30 / 2021 raises pros and cons in the community such as the enactment of provisions regarding "sexual consent" or "without the consent of the victim" as stated in Article 5 that for several acts that are included the category of harassment if it is carried out with the consent of the victim then it can be justified or not harassment, for example the act of spreading images or photos of victims that have sexual nuances. The Prevention of Sexual Harassment Act came into force in India after what is known as the Nirbhaya case. It makes it compulsory for all higher education institutions to have an internal complaints committee (ICC) to address abuse on campus. But nearly, a report by the Ministry of Education found only 95 out of 188 institutions had established committees, and those that were in place were considered ineffectual by students.This study aims to determine, identify and analyze the position of the Minister of Education and Culture Regulation Number 30 Year 2021 in the material criminal law system in Indonesia; to find out and describe how the implementation of Permendikbud 30 / 2021, especially with regard to aspects of handling sexual violence in universities. Normative juridical research using the approach to legislation and the implementation of the Minister of Education and Culture Regulation must begin with strengthening higher education governance such as the establishment of a task force for the prevention and handling of sexual violence, preparation of guidelines for the prevention and treatment of sexual violence, provision of reporting services, counseling for victims, socialization in college environment. Keywords: prevention, treatment, sexual violence, college.
Dampak Alih Fungsi Lahan Hutan Mangrove Bagi Keberlangsungan Sumber Daya Hayati Dan Lingkungan Desa Tanjung Luar Asyri Febriana; Baiq Ishariaty Wika Utary
JUSTITIA JURNAL HUKUM Vol 8 No 1 (2024): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v8i1.20447

Abstract

Mangrove forests and coastal forests are green belts in coastal areas that have ecological and socio-economic functions. The main ecosystem in coastal areas is mangroves, which not only have economic value but also have great value for the environment. Tanjung Luar village, Keruak sub-district currently still really needs more attention and is still in the development stage, because most of the mangrove forests in the Tanjung Luar area have been converted into residential areas, shrimp ponds and salt ponds. This research aims to determine the impact of mangrove forest land conversion on the sustainability of biological resources and the environment of Tanjung Luar Village by reviewing environmental protection and management based on the environmental protection and management law. This research uses normative empirical research methods. The research results show that the impact of the conversion of mangrove forest land results in an imbalance in the marine ecosystem and has a direct impact on the community, especially people who earn a living as fishermen. Efforts that can be made to overcome this are by reforesting and reorganizing coastal spatial planning by involving the government, fisheries and marine services and the general public. Many cases of environmental pollution and damage are caused by human activities such as air pollution, water pollution, land pollution and forest damage which ultimately harm humans. Realizing the importance of living necessities and the high dependence on natural resources such as mangroves, a solution is needed to combine ecological, economic and socio-cultural aspects so that they are sustainable and thus support sustainable development programs. Several efforts that can be made to restore condition of mangrove forests are by involving the community to get involved directly. Such as conducting socialization on the importance of the negative impacts of environmental pollution, especially for the forest environment and the importance of mangroves for the sustainability of marine ecosystems and starting to replant mangrove forests which had previously been converted into residential areas by moving people who inhabit coastal areas with guaranteed compensation in the form of new settlements.
Construction Law for the Crime of Sexual Harassment in Indonesia: Beyond the Basics of Criminal Law Novita Erdianti, Ratri; Wasis; Anggraeny, Isdian; Kagiso Hlongwane
JUSTITIA JURNAL HUKUM Vol 8 No 1 (2024): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v8i1.20629

Abstract

Sexual Harassment in Indonesian is defined as sexual harassment, which often occurs in society. This kind of condition can be carried out by the community directly or indirectly, physically or verbally, towards the victim. Sexual harassment is an act of a sexual nature that makes the victim feel uncomfortable and disadvantaged, so legal action needs to be taken to take action against the perpetrator. Because there are so many forms of sexual harassment, it seems necessary to examine which acts of sexual harassment qualify as criminal acts according to positive criminal law in Indonesia. In this research, the formulation of the problem raised concerns about how the legal construction of sexual harassment is in criminal law in Indonesia. This research uses a normative juridical method that will analyze acts of sexual harassment that are associated with elements of criminal acts based on criminal law in Indonesia, both based on the Criminal Code and in connection with other related laws and regulations.

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