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Satria Unggul Wicaksana Prakasa
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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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Contemporary Batik on The Verge of Risk: The Urgency of Copy Right Registration for Legal Protection Indrawati, Septi; Nisrina, Wanda Athaya; Rachmawati, Amalia Fadhila
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.v8i2.23814

Abstract

Contemporary batik is characterised by motifs or patterns containing freedom of expression, not bound by tradition and patterns that tend to be more modern. In Purworejo Regency, there are 48 contemporary batik craftsmen, but only 6 craftsmen have copyright certificates for their contemporary batik motifs. While other craftsmen do not yet have a copyright certificate. Though copyright is a legal protection needed for a work, one of them contemporary batik. Copyright is an exclusive right granted to the copyright holder to use, reproduce or give permission for it on a work. This study aims to analyse the legal protection of contemporary batik through copyright registration. To achieve these goals, this research was conducted using normative sociological legal research methods. Normative sociological means that the research is conducted by examining existing legal materials, then analysing how its implementation in society in accordance with the problems faced. Legal materials collected will be reviewed comprehensively and analysed deductively with a systematic presentation. The results showed that copyright registration provides legal protection against contemporary batik motifs. Through this copyright registration, the creator will get a copyright certificate, where the certificate can be proof of legal ownership of batik motifs. Legal protection provided in the form of preventive protection, namely prevention so that no one else who imitates the contemporary batik motif. Furthermore, protection repressive, namely case settlement can be done through the path of litigation or non-litigation when there is a case related to batik motifs contemporary.
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.
Legal Protection of Compost Fertilizer Technology Patent in Celincing Mangrove Forest Tourism Selvianti, Isye; Marisa Nopriyanti
JUSTITIA JURNAL HUKUM Vol 9 No 1 (2025): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v9i1.24131

Abstract

This study aims to determine and analyze the legal protection efforts of compost fertilizer inventors from mangrove waste in Suka Baru village, Ketapang Regency, West Kalimantan and to determine and analyze the patent registration system for compost fertilizer products from mangrove waste in Suka Baru village. The method used in this research is normative-empirical research using primary data, namely the results of interviews and secondary data containing primary and secondary legal materials. The results of the research show that compost fertilizer from mangrove waste in Suka Baru village has not received legal protection due to the lack of public understanding of the importance of Patentability, and the Patent registration system applied by Indonesia, namely the first to file system which recognizes the owner of the Patent Rights (Invention) who registers first. Therefore, if this problem is not followed up immediately, it will trigger various problems that will be caused such as claims from other parties and so on.
EKSISTENSI KEPOLISIAN DALAM KEAMANAN SIBER TERHADAP SEKTOR EKONOMI KREATIF SERTA PARIWISATA DI MASA TRANSISI DIGITALISASI DI KABUPATEN PAMEKASAN: EKSISTENSI KEPOLISIAN DALAM KEAMANAN SIBER TERHADAP SEKTOR EKONOMI KREATIF SERTA PARIWISATA DI MASA TRANSISI DIGITALISASI DI KABUPATEN PAMEKASAN Moh Akbar Adhiyanto; Muti'ah, Dewi; Habibullah, Abd. Wachid
JUSTITIA JURNAL HUKUM Vol 9 No 1 (2025): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v9i1.24856

Abstract

Based on Kaspersky data, there have been 483,980 malicious files targeting business actors in 2023. Seeing this, the role of the Government and the Police has a strategic position in cybersecurity policy efforts for the creative economy and tourism. Pamekasan Regency has potential in the development of the creative economy and tourism, so cybersecurity policies are urgent in the current era of digitalization. This article aims to examine how the role of the Police and the Government in cybersecurity policies is for the creative economy and tourism in the digitalization era. This research was conducted using an empirical juridical method with an exploratory approach. The results of the study show that cybersecurity protection efforts are still not a special concern for the local government and the Pamekasan Regency Police. In addition, policies regarding cybersecurity are still general, which means that they still do not include cybersecurity protection for the creative economy and tourism. Then the results show that the role of the Police is currently only limited to protection on social media (cyberpatrol) and there has been no effort to make cybersecurity policies for the creative economy and tourism sectors. This is influenced by several factors such as the absence of legal regulations, budget limitations, and lack of awareness about cooperation in improving cybersecurity
Commitment of the DPRD of the Province of West Papua in the Implementation of the Legislative Function of Forming Regional Regulations Iim Abdul Hosim; Markus, Dwi Pratiwi; Tuasikal, Hadi
JUSTITIA JURNAL HUKUM Vol 9 No 1 (2025): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v8i2.25051

Abstract

Indonesia, as a country based on law, emphasizes the supremacy of law as a basic principle. However, inconsistencies in law enforcement continue to pose significant challenges. The establishment of West Papua as a new province in 2022 raises complex governance issues, particularly in the role of the DPRD in formulating regional regulations. These regulations must be responsive to local needs and inclusive of regional cultural diversity. This study explores the DPRD's commitment to fulfilling its legislative function, identifies challenges faced in this process, and provides recommendations for improving the quality of legislation and governance. Using a juridical-sociological approach, this study combines normative legal analysis with a study of social realities in West Papua. Data were collected through interviews with DPRD members, community leaders, and academics, as well as a review of legislative documents and qualitative analysis. The findings of this study reveal that although the DPRD is trying to develop inclusive and effective Perda, challenges such as limited human resources, lack of public participation, and political dynamics affect the legislative process. However, there are opportunities to foster collaboration with traditional leaders and local organizations and utilize technology to improve legislative efficiency. This study underlines the importance of commitment, inclusiveness, and innovation in legislative functions. Strengthening the capacity of the DPRD, ensuring active public participation, and utilizing local wisdom are important steps towards achieving effective governance and sustainable development in Southwest Papua.
Protection Of The Constitutional Rights of Indonesian Migrant Workers Abroad Post-Placement In Destination Countries Ahmad; Gamal Abdul Nasir; Agus Muhidin
JUSTITIA JURNAL HUKUM Vol 9 No 1 (2025): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v9i1.25909

Abstract

This study describes the protection of constitutional rights of Indonesian migrant workers after being placed in destination countries. Migrant workers often face various challenges, including exploitation, discrimination, and violence. This research highlights the protection efforts undertaken by the Indonesian government and international organizations to ensure the fulfilment of migrant workers' rights in accordance with the constitution. The main focus is on policy implementation, bilateral agreements, and multilateral cooperation aimed at improving the conditions and protection of migrant workers. Research methods include policy analysis, case studies, and interviews with migrant workers and relevant stakeholders. Key findings include challenges in policy implementation, the need for improvements in the protection system, and the importance of advocacy and awareness of rights as part of long-term solutions. This study makes a significant contribution to understanding the protection of constitutional rights of Indonesian migrant workers abroad and offers policy recommendations to enhance their protection in the future.
The Existence of Legal Politics in Realizing a Just State of Law Ike Yuvayanti; Misranto; Moh. Muhibbin
JUSTITIA JURNAL HUKUM Vol 9 No 1 (2025): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v9i1.25928

Abstract

The rule of law aims to create justice, but in practice, legal politics is often influenced by the interests of economic and political elites. Injustice occurs due to regulations that favor certain groups over the welfare of the community at large. One example is regulatory changes in the mining sector that facilitate investment but ignore the rights of surrounding communities. This study aims to analyze the role of legal politics in realizing an equitable rule of law. This study explores how legal politics affects regulations, legal implementation, and its impact on society, especially in the context of mining policy. This research uses a normative method with a literature study approach. Secondary data is obtained from books, scientific journals, and relevant laws and regulations. The approaches used include statute approach, conceptual approach, and case approach to understand the influence of legal politics in public policy. legal politics in Indonesia still tends to favor the interests of the elite, resulting in inequality of justice. Inconsistent law implementation, weak rule of law, and political intervention in the judicial system hinder the realization of social justice. Regulations in the mining sector, for example, favor entrepreneurs over the welfare of local communities. Therefore, political legal reforms are needed that favor the interests of the people, strengthen the rule of law, and ensure the protection of human rights in order to create a just rule of law.
States Affected by Sea-Level Rise and Climate Displacement: Challenges for International Law and Human Rights Hazyar Arumbinang, Mohammad; Yusuf Kohar, Halilintar
JUSTITIA JURNAL HUKUM Vol 9 No 1 (2025): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v9i1.25963

Abstract

This study investigates the legal obstacles related to sovereignty, climate-induced displacement, and human rights, emphasizing deficiencies in current international legal frameworks. This research offers a complete legal analysis of climate displacement and statehood loss, highlighting their interdependence, unlike earlier studies that have examined these topics independently. It also examines various legal remedies, including enhanced refugee rights, international acknowledgment of climate-displaced individuals, and novel legal frameworks for stateless communities. Rising sea levels provide unparalleled legal and humanitarian concerns, especially for low-lying island states confronted with the risk of inundation. As these governments progressively diminish in area, inquiries emerge about their legal legitimacy, sovereignty, and the entitlements of their displaced inhabitants under international law. Existing legal frameworks, such as the Montevideo Convention on statehood, the 1951 Refugee Convention, and international human rights treaties, provide inadequate protection for governments impacted by sea-level rise and their displaced populations. The study utilizes a normative legal framework, examining principles and norms of international law, and adopts a case study technique to qualitatively investigate the legal intricacies of the case. The results find that international law fails to address climate-induced displacement and statehood loss. It calls for recognizing deterritorialized statehood, expanding refugee protections, and establishing binding resettlement obligations to prevent statelessness and uphold human rights.
TAS Legal Implications of Pt Sritex Bankruptcy on Company Labor Rights Saputro, Triyono Adi; Hikmah, Anis Ulul
JUSTITIA JURNAL HUKUM Vol 9 No 2 (2025): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v9i2.25821

Abstract

The bankruptcy of PT Sri Rejeki Isman Tbk (Sritex) has caused significant legal implications for the rights of workers in the company. In practice, workers are often in a weaker position because the company prioritizes debt payments to creditors over the fulfillment of workers' rights such as wages and severance pay. This research investigates the legal consequences of PT Sritex's bankruptcy on workers' rights and investigates all restructuring efforts to overcome the enormous financial dilemma faced by the company. The methodology used in this research is normative legal research. The findings reveal the fact that although social and bankruptcy laws have been designed to protect workers' rights to their entitlements, in reality their rights are rarely stabilized. Due to a huge capital deficit, PT Sritex failed to fulfill its obligations to its workers. In addition, attempts at debt restructuring through a peace agreement (homologation) also failed as the company was unable to fulfill its commitments, resulting in the cancellation of the agreement by the court. This situation resulted in thousands of workers being laid off or indefinitely furloughed. Therefore, a strong legal mechanism is needed to protect workers' rights in bankruptcy situations, coupled with active government involvement in the supervision and protection of labor.

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