cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Satria Unggul Wicaksana Prakasa
Contact Email
satria@fh.um-surabaya.ac.id
Phone
+6285731203703
Journal Mail Official
justitia@fh.um-surabaya.ac.id
Editorial Address
Jl. Sutorejo No. 59 Surabaya, 60113
Location
Kota surabaya,
Jawa timur
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
 12   13   14   15   16 
Problematika Pemenuhan Hak Korban Tindak Pidana: Miskonsepsi Terminologi Restitusi (Analisis Teori Konstruksi Sosial) Mahmud Mulyadi; Rafiqoh Lubis; Rosmalinda; Rangkuti, Liza Hafidzah Yusuf
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.v8i1.21446

Abstract

Restitution rights are problematic in fulfilling the rights of victims of crime, mainly due to misconceptions about restitution terminology. This research aims to explore and analyze the misconceptions of restitution terminology by the society and its impact on the fulfillment of the rights of victims of crime using the analysis of Social Construction Theory. This research uses an empirical juridical approach by utilizing primary data in the form questionnaires distributed to community service participants and the focused discussion process in Community Service activities and secondary data in the form of primary, secondary and tertiary legal materials. The findings of this study indicate that the misconception of restitution terminology is formed through the social construction of legal norms on the wrong meaning of restitution terminology These misconceptions take the form of restitution being understood as peace, restitution is the same as compensation and restitution results in the elimination of imprisonment for the perpetrator. These misconceptions have implications for the non-fulfillment of the rights of victims of crime, which will arrise in the difficulty in submitting requests for restitution, the victim's perception of justice is reduced and a negative impact on the victim's recovery process. This misconception will also lead to weak law enforcement against criminal offenders.
Analyzing the Rights of Fostered Children at LPKA Class II Yogyakarta Widya Islami, Desita Nanda; Isnawan, Fuadi
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.v8i1.21928

Abstract

This research delves into the exploration of fostered children's rights discovery at LPKA Class II Yogyakarta, recognizing that children under guardianship are entitled to various rights as stipulated by law. Despite legal provisions, there remains a gap between theoretical entitlements and practical implementation within LPKA Class II Yogyakarta, necessitating an in-depth investigation. The study aims to scrutinize the extent to which fostered children's rights fulfilled. It also seeks to analyze the obstacles faced by LPKA Class II Yogyakarta officers in fulfilling these rights. The research will empirically examine the fulfillment of children's rights and the challenges encountered within LPKA Class II Yogyakarta through interviews with LPKA Class II Yogyakarta officers provide firsthand insights into policy implementation and challenges encountered in upholding fostered children's rights. The research findings highlight significant gaps in the fulfillment of subsidiary rights for detainees, particularly in education, healthcare, and access to reading materials. While efforts have been made to address some aspects of detainee rights, such as nutrition and religious practices, deficiencies persist in critical areas. Limited educational resources, inadequate healthcare services, and a dearth of reading materials pose significant challenges to fostered children's well-being and rehabilitation. Additionally, obstacles such as the absence of in-house schooling, insufficient medical personnel, and limited library resources further impede the realization of children's rights within LPKA Class II Yogyakarta.
Urgency of Post-issuance Supervision of Environmental Approval for Risk Activities Tri Mulyani; Dewi Tuti Muryati; Dharu Triasih; Advento Jeronimo
JUSTITIA JURNAL HUKUM Vol 8 No 2 (2024): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v8i2.22467

Abstract

Every human being has the right to live in a healthy and clean and healthy environment. The state guarantees this right in the state constitution. Starting from this, the purpose of this research is to find out and analyze the urgency of post-issuance supervision of environmental approval for risky business activities in Semarang Regency. The research method used in this research is juridical sociological, with descriptive analysis specifications. The data used is primary data and supported by secondary data with qualitative data analysis method. The results show that there is an urgency for post-issuance supervision of environmental approvals for risky business activities in Semarang Regency, carried out by the Semarang Regency Regional Environmental Supervisory Officer in 2022, considering that 56 (fifty-six) out of 94 (ninety-four) responsible persons for businesses and/or activities have committed violations, namely developing business activities that do not adjust the permit. The bigger the business, the greater the impact of environmental pollution and damage, so supervision becomes very urgent to avoid greater risks.
Implementasi Diversi dalam Penyelesaian Perkara Pidana Anak di Wilayah Hukum Kabupaten Sorong Muhammad Rizal; Hadi Tuasikal; A. Sakti R.S. Rakia
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.v8i1.22468

Abstract

Diversion aims to keep offenders away from the formal judicial system. The implementation of diversion in resolving juvenile criminal cases, particularly in Sorong Regency in 2023, involved at least two cases of juvenile theft. The purpose of this research is to examine the implementation of diversion in resolving juvenile criminal cases in the jurisdiction of Sorong Regency, to determine whether it complies with Law No. 11 of 2012 concerning the Juvenile Criminal Justice System. Additionally, this research aims to analyze the factors influencing the implementation of diversion in resolving juvenile criminal cases in the jurisdiction of Sorong Regency. The research methodology used includes two approaches: a qualitative approach (both empirical and normative juridical) supported by a quantitative approach (content analysis and simple statistical data). Based on the research results, the factors influencing the effectiveness of the implementation of diversion in resolving juvenile criminal cases in the jurisdiction of Sorong Regency are: first, legal factors, specifically the brief time frame provided by the law for the diversion process, and the necessity to regulate the age of the child victim who can independently give consent in the Diversion Agreement; second, law enforcement factors, including judges and Bapas probation officers; third, facility factors, such as the availability of waiting rooms for children, juvenile courtrooms, diversion rooms, and juvenile detention facilities; fourth, community factors, wherein the presence of community elements can allow the victim to hear input from various parties, thereby facilitating successful diversion agreements; and fifth, cultural and traditional factors of the Sorong Regency community, particularly the Moi tribe as the indigenous group in Sorong Regency.
Penegakan Hukum terhadap Perlindungan Terumbu Karang di Kabupaten Raja Ampat Arya, Surandi Woong; Markus, Dwi Pratiwi; Ali , Muhammad
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.v8i1.22469

Abstract

Massive exploitation of coral reefs and their surrounding ecosystems often occurs without considering conservation and sustainability, especially in tourist destinations, as seen in Raja Ampat Regency. The research employed both normative juridical and empirical juridical approaches with a descriptive-analytical approach. The types of data used were primary data, obtained directly from respondents, and secondary data, obtained from literature studies, documentation, and interviews. The research findings indicate that the legal norms governing law enforcement for coral reef protection in Raja Ampat Regency constitute violations of norms with strict sanctions, providing education to combat theft and/or destruction of marine ecosystems, with the aim of raising awareness among the public that such actions are criminal offenses. The enforcement of sanctions for legal violations against coral reefs in Raja Ampat Regency takes the form of patrols to monitor criminal acts of ecosystem destruction and also conducts socialization to help the community understand the consequences of damaging marine ecosystems. The concept presented by the author in the research reaffirms the importance of the role of parents and all elements of society in maintaining public order and security, particularly community development. It emphasizes that it is not solely the responsibility of the police, as without the functioning and involvement of parents and community elements, the police cannot effectively and efficiently carry out their duties in fostering the community.
Structure, Conduct, Performance (SCP) Approach & Fairness Principle in Business Competition Law in The Era of Digital Platforms Jusmadi, Rhido; Aru Armando
JUSTITIA JURNAL HUKUM Vol 8 No 2 (2024): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v8i2.23074

Abstract

The emergence of digital platforms has led to disruptions that affect not only technological and economic aspects, but also legal aspects, particularly business competition law. The discourse surrounding the development of digital platforms within the context of business competition has been influenced by two major schools of thought: the Chicago School, which adopts an effeiciency approach (also known as the consumer welfare approach) , and the Harvard School, which employs the structure, conduct, and performance (SCP) approach. This article aims to scrutinize the shortcomings of the efficiency approach advocated by the Chicago School in addressing the issues related to business competition in the digital platform market. Additionally, it seeks to demonstrate how the principle of fairness, based on the competitive process approach and market strcture, can serve as a more comprehensive analytical tool for evaluating the health of competition in the market. The results show that the efficiency approach is inadequate in addressing concerns of fairness in the digital market. Responding to the context, global business competition authorities have begun to promote a fairness approach to bolster SCP approach which serves as a moral underpinning for upholding the principles of healthy business competition in the digital platform era. This article applied normative legal research methods with a conceptual approach for analysis.
Juridical Analysis of the Concept of “Legislation” in the New Criminal Code: Implications and Applications Melvin Elvino Putra; Lukman Dwi Atmaja
JUSTITIA JURNAL HUKUM Vol 8 No 2 (2024): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v8i2.24128

Abstract

The phrase "statutory regulations" in Article 1 paragraph (1) of Law Number 1 of 2023 concerning the Criminal Code (KUHP) contains the meaning that criminal provisions can be regulated by various hierarchies of statutory regulations, as regulated in Law Number 12 of 2011 concerning the Formation of Legislation. However, this is contrary to the basic principle of the formation of criminal provisions, namely the principle of nullum crimen sine lege parliamentaria, which means that the formulation of criminal sanction norms can only be determined if it has obtained the approval of the people, through their representatives in the People's Representative Council (DPR) for the level of laws and the approval of the governor, regent, or mayor for regional regulations. This study uses a normative legal research method with a statutory approach. The results of the study show that Article 1 paragraph (1) of Law Number 1 of 2023 contains unclear norms, because the phrase "statutory regulations" opens up the possibility that criminal provisions can be made by parties other than people's representatives, which can obscure the principle of representation in the formation of criminal provisions
Perspective of Medan City Scholars on the Law of Wives who Demand Divorce from Husbands with Disabilities Due to Accidents Muhammad Hafiz Antassalam; Ibnu Radwan Siddik Turnip
JUSTITIA JURNAL HUKUM Vol 8 No 2 (2024): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v8i2.24130

Abstract

When a couple is legally married, both have their own rights and responsibilities. The husband, as the leader of the household, acts as the main protector. However, what if the husband loses physical ability due to an accident, so the wife sues for divorce? According to Article 39 of Law No. 1 Year 1974 and Article 110 of the Compilation of Islamic Law (KHI), divorce due to the disability of one of the spouses is allowed if it makes it difficult to fulfil household obligations. However, some Nahdlatul Ulama scholars in bahsul masail consider a wife who sues for divorce from a disabled husband as an act of nusyuz (defiance). This study aims to examine the views of Medan City scholars regarding wives who sue for divorce from husbands who become disabled due to accidents. This empirical research collected primary data from in-depth interviews with scholars in Medan. The results show that divorce is permissible if the husband's disability is severe and causes major impacts, such as abuse or neglect of the wife and children. In such cases, the husband's management responsibility is returned to his family.
Analysis of The Role of Bhabinkamtibmas To Maintain Security and Order In Sumbersari Village Sleman Isnawan, Fuadi
JUSTITIA JURNAL HUKUM Vol 8 No 2 (2024): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v8i2.23708

Abstract

Ensuring security and order requires both police efforts and community participation. In Tiwir Village, Sumbersari, Moyudan, Sleman, a person with a mental illness caused disturbances by stealing items and entering homes. The purpose of this study is to analyze the role of Bhabinkamtibmas in Sumbersari Village in maintaining community security and order amidst disturbances caused by individuals with mental disorders (ODGJ). The study focuses on identifying the efforts made by Bhabinkamtibmas to address these disturbances and the factors that hinder their effectiveness. The method used in this research is the empirical juridical method.The approach used in this research is a legal sociology approach. The result is Bhabinkamtibmas as the frontline of village policing, they ensure a constant presence, conduct monitoring, and engage persuasively with the community.. However, challenges arise from a lack of legal awareness among families of individuals with mental illness. This gap in legal knowledge impedes their ability to manage disruptive behaviors and exacerbates community tolerance of such disturbances. The resulting reluctance to address these issues effectively hinders Bhabinkamtibmas efforts in maintaining security and fostering community cooperation.
Asas-Asas Penyelesaian Perkara melalui Peradilan Adat Aceh Muhammad Rudi Syahputra; Muksalmina; Sari Yulis
JUSTITIA JURNAL HUKUM Vol 8 No 2 (2024): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v8i2.23750

Abstract

Aceh customary courts have principles for resolving cases in reducing customary civil and criminal cases that occur in society, especially disputes that are not included in the formal justice system. This research aims to examine the principles underlying the resolution of cases through customary courts in Aceh, as well as how these principles are applied in the practice of resolving customary cases. By using a normative legal method, the resolution of customary cases in Aceh has its own principles that reflect the characteristics of customary law lives in Acehnese community (ureung Aceh). The principles of resolving cases through Aceh customary justice are principle of peace, justice, musyawarah and mufakat (mediation and negotiation), sincerity and willingness, fast, easy and cheap, openness, kinship, equality before the law, and guidance. The application of the principles of case resolution in the Acehnese customary justice process is a necessity. Acehnese community want cases to be resolved peacefully because this method has been a tradition passed down from generation to generation. The term for peaceful resolution of cases called suloh. Customary law does not distinguish between acts that are violations of civil law and violations of criminal law so that civil cases and criminal cases are decided simultaneously in a trial that is not separate. The use of the principle of musyawarah and mufakat in the implementation of customary justice has a very important role and determine whether or not the trial can be held.

Page 14 of 21 | Total Record : 209

 12   13   14   15   16 

Filter by Year

2017 2026


Reset
Filter By Issues
All Issue Vol 10 No 1 (2026): Justitia jurnal Hukum (Article in Press) Vol 9 No 2 (2025): Justitia Jurnal Hukum Vol 9 No 1 (2025): Justitia Jurnal Hukum Vol 9 No 1 (2025): Justitia Jurnal Hukum (Article in Press) Vol 8 No 2 (2024): Justitia Jurnal Hukum Vol 8 No 1 (2024): Justitia Jurnal Hukum Vol 7 No 2 (2023): Justitia Jurnal Hukum Vol 7 No 1 (2023): Justitia Jurnal Hukum Vol 6 No 2 (2022): Justitia Jurnal Hukum Vol 6 No 1 (2022): justitia jurnal hukum Vol 5, No 2 (2021): Justitia Jurnal Hukum Vol 5 No 1 (2021): Justitia Jurnal Hukum Vol 4, No 2 (2020): Justitia Jurnal Hukum Vol 4, No 1 (2020): Justitia Jurnal Hukum Vol 3, No 2 (2019): Justitia Jurnal Hukum Vol 3, No 1 (2019): Justitia Jurnal Hukum Vol 2, No 2 (2018): Justitia Jurnal Hukum Vol 2 No 1 (2018): Justitia Jurnal Hukum Vol 2, No 1 (2018): Justitia Jurnal Hukum Vol 1, No 2 (2017): Justitia Jurnal Hukum Vol 1, No 1 (2017): Justitia Jurnal Hukum More Issue