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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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Judges' Reasoning in Applying the Customary Offense of Lokika Sanggraha: Case Study of Decision No. 997/Pid.Sus/2019/PN Dps Kurniawan, Kukuh Dwi
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.v9i2.26119

Abstract

This study examines the application of Balinese customary law, specifically the criminal offense of Lokika Sanggraha, in filling legal gaps in Indonesia's national criminal law system, with a case study of Decision No. 997/Pid.Sus/2019/PN Dps. The defendant, I Dewa Gede Ardana, was charged under Balinese customary law for violating a promise to marry after engaging in sexual relations. This study focuses on the legal reasoning applied by the judge in interpreting Article 359 of the Adhigama Code, which regulates adultery outside marriage, which is not specifically regulated in the Criminal Code (KUHP). The research method used is normative legal research by analyzing court decisions, legal doctrines, and related regulations. The findings reveal that judges utilize customary law to address situations not covered by national law, thereby ensuring justice while respecting local moral and social values. This study highlights the role of legal discovery in bridging legal gaps and demonstrates the Indonesian legal system's ability to integrate customary law. The study concludes that the application of Balinese customary law in this case not only fills a legal void but also reinforces the importance of local traditions in contemporary judicial processes, contributing to a more inclusive legal system.
Bribery Crimes in Two Paradigms: A Comparative Study Betwewn Criminal Law and Islamic Criminal Law Nurhaliza; Ramadani
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.v9i2.27339

Abstract

Bribery is a form of abuse of power that not only undermines justice but also erodes the integrity of the legal system. This study aims to evaluate the level of public understanding of bribery practices, analyze its regulation in national criminal law and Islamic criminal law, and examine the role of law enforcement in prevention efforts. The research method used is empirical legal research, combining normative analysis of legislation with field data obtained through observation and interviews. The results show that the public's low understanding of the prohibition of bribery and the weakening of the moral integrity of officials and public servants are the main factors driving bribery practices. In positive criminal law, provisions regarding bribery are regulated in Law Number 31 of 1999 concerning Eradication of Corruption Crimes, while in Islamic criminal law, bribery is considered a jarimah ta'zir because it damages the public interest (maslahah 'ammah). Sanctions against perpetrators are determined based on the judge's discretion, taking into account the degree of guilt and its impact on society. This study emphasizes the need for a more comprehensive preventive and repressive approach in both legal systems to strengthen the effectiveness of combating bribery and foster a culture of integrity in law.
The Position of The Defendant’s Statement as Evidence in The Perpective of Islamic Criminal Justice Nurul Hidayah Ritonga; Zulkarnain
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.v9i2.27417

Abstract

This study raises legal issues regarding the position and strength of defendant testimony as evidence in criminal cases through a comparative approach between the Indonesian criminal law system and Islamic criminal law. The purpose of this study is to examine the fundamental differences in the assessment of defendant testimony in both legal systems. The research method used is normative juridical. The results of the study show that in Indonesian criminal law, the defendant's testimony as regulated in the Criminal Procedure Code (KUHAP) has the weakest position and can only be used as a basis for evidence if it is supported by at least two other valid pieces of evidence, in accordance with the provisions of Article 183 of the Criminal Procedure Code. Conversely, in Islamic criminal law, the defendant's testimony (iqrar) can be strong evidence and stand alone as perfect evidence, especially in ta'zir cases. However, in hudud and qishash-diyat cases, the confession must meet strict requirements, such as being made voluntarily, in detail, and repeatedly, as well as considering the consent of the victim's heirs in qishash cases. This comparison shows that despite differences in the weight of evidence, both systems place the principles of prudence and justice as the basis for assessing the defendant's statement to ensure the achievement of material truth. These findings contribute to the development of a criminal evidence system based on substantive justice and principles.
Reconstructing Mining Licensing Policy with an Emphasis on Water Resource Protection: A Case Study of PDAM Water Pollution in Bangka Regency Suhendra, Hendra; Junaidi Abdillah
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.v9i2.26581

Abstract

The high incidence of PDAM water pollution in Bangka Regency is a central issue in this study, indicating a weakness in mining licensing policies and water resource protection. This research aims to analyze the legal framework related to mining licensing and to assess the urgency of reconstructing these policies to prevent ongoing water pollution. The research method used is normative and empirical juridical, examining various laws and regulations such as Law No. 3 of 2020 on Mineral and Coal Mining, Law No. 32 of 2009 on Environmental Protection and Management, and Law No. 17 of 2019 on Water Resources. In addition, field data was collected through a case study in Bangka Regency. The findings indicate that despite the existence of regulations, their implementation and oversight remain ineffective, particularly in terms of synergy between mining management agencies and environmental protection bodies. Therefore, a more comprehensive reconstruction of licensing policies is needed, integrating environmental protection as a priority and strengthening inter-agency coordination to create sustainable and responsible mining governance.
Telaah Kesadaran dan Kepatuhan Hukum Pengguna Jalan terhadap Rambu Larangan Putar Balik: Studi Kasus di Jalan Nasiolal (Jalan Magelang), Sleman Isnawan, Fuadi
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.v9i2.26791

Abstract

Violations of no-u-turn signs are a traffic law issue that affects order, safety, and the effectiveness of transportation policies in public spaces. This study aims to analyze the factors that cause violations and the efforts made to address them, with a case study on Jalan Magelang Km 7.5 and Km 8.5, Sleman, Yogyakarta. This study uses an empirical legal method. The results of the study indicate that there are three main factors driving violations. First, the distance between the no-turn zone and the official U-turn location is considered too far by road users. Second, time efficiency considerations drive rational decision-making despite being contrary to the law. Third, the role of traffic volunteers (supeltas) socially legitimizes violations by signaling safe U-turns at prohibited locations. On the other hand, efforts to address violations are carried out through three main strategies: police presence during peak violation hours as a form of prevention and direct law enforcement, a persuasive approach through on-site education for violators, and the installation of road barriers as a physical intervention to block access to illegal U-turns. These three efforts not only represent repressive actions but also illustrate structural and educational strategies aligned with situational crime prevention theory, deterrence theory, and community policing. The research findings emphasize that effective law enforcement cannot rely solely on penalties but must also consider technical, social, and cultural aspects of society to foster sustainable compliance with the law.
Perlindungan Hukum Terhadap Data Pribadi Pemilik Identitas Kependudukan Digital Rizky Dwi Priyantiwi; Hufron
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.v9i2.27113

Abstract

Personal data is a person's privacy right that must be protected from various aspects of life. Many people are deceived regarding falsified electronic ID cards, both data falsification and falsification using other people's data. The state is obliged based on its constitutional rights to provide legal protection for various aspects of the lives of Indonesian citizens. The purpose of this study is to determine and analyze the urgency of legal protection for personal data of digital population identity owners as a privacy right in Indonesia and to determine and analyze the concept of legal protection for personal data of digital population identity owners as a privacy right in Indonesia. This type of research is normative legal research. The results of the study obtained that the urgency of legal protection for personal data of digital population identity owners (Digital ID Cards) includes protecting privacy rights and human rights, preventing misuse of personal data, building a safe and trusted digital ecosystem, impacts on social life and diversity, and ensuring legal certainty. The concept of legal protection for digital population identity holders (Digital ID Cards) is by implementing Law Number 11 of 2020 concerning Electronic Information and Transactions (ITE Law), Regulation of the Minister of Communication and Information Technology Number 20 of 2016 concerning Personal Data Protection in Electronic Systems, regulation of personal data protection in sectors, supervision and sanctions, public awareness campaigns, development of data security frameworks, and international cooperation.
Corporate Liability in Banking Crimes under the PPSK Law: Between Legal Framework and Enforcement Challenges Saragih, Jhon Feri Sariaman
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.v9i2.27358

Abstract

This research addresses the legal issue of corporate liability in banking crimes as regulated under Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (PPSK Law). The study aims to analyze the normative framework governing banking crimes committed by corporate legal subjects, particularly the absence of specific implementing regulations. The research employs a normative legal method, with the statute approach and conceptual approach as the main analytical tools. The findings show that, due to the lack of implementing provisions within the PPSK Law, Supreme Court Regulation Number 13 of 2016 concerning Procedures for Handling Criminal Cases by Corporations (PERMA Korporasi) remains applicable. This regulation provides procedural guidelines on examination, evidence, and technical aspects in cases where corporations are defendants, and therefore can be extended to corporate banking crimes.
Implications of Constitutional Court Decision Number 135/PUU-XXII/2024 on the Separation of DPR and DPRD Elections on the Electoral System in Indonesia Ernawati Huroiroh; Titik Triwulan Tutik; Dossy Iskandar Prasetyo
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.v9i2.28000

Abstract

Constitutional Court Decision Number 135/PUU-XXII/2024 regarding the separation of the DPR and DPRD elections marks a significant change in Indonesia's electoral system. Until now, the simultaneous implementation of elections using the “five boxes” model has caused various problems, including technical complexity in implementation, high logistical costs, and reduced attention to local issues. This study aims to analyze the constitutional implications and legal transition of the decision, particularly regarding the term of office of the DPRD, the potential for a vacuum in regional government, and the urgency of revising related laws. The research method used is normative legal research with a legislative approach and a conceptual approach through a review of the Constitutional Court's decision, the 1945 Constitution, the Election Law, the Regional Election Law, and relevant academic literature. The results of the study show that the separation of elections is intended to improve the effectiveness of their implementation, strengthen local democracy, and minimize the risk of administrative errors. However, this decision also poses challenges in the form of potential regulatory disharmony and constitutional uncertainty if it is not immediately followed by adjustments to legislation. Thus, this decision opens up space for electoral system reforms that are more responsive to local needs, but its success is highly dependent on the readiness of legislation and the governance of elections in Indonesia.
Implementation of the Green Constitution Concept in Local Regulations in Kudus Regency as an Effort to Support Sustainable Development Dian Rosita; Naili Azizah; Zuniarti
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.v9i2.28226

Abstract

The Green Constitution concept emphasizes that environmental protection is a constitutional mandate that must be reflected in every legal policy, including regional regulations. This research aims to analyze to what extent the Green Constitution concept has been adopted in Kudus Regency regional regulations, while also assessing the effectiveness of regional regulations in supporting law enforcement and compliance with environmental regulations. This research uses normative and empirical juridical methods with a qualitative approach. Data was obtained through a review of legislation, literature studies, as well as observations and interviews with policy makers and stakeholders in Kudus Regency. The research results show that normatively, a number of regional regulations have included provision related to environmental preservation, especially in spatial planning and waste management. However, empirically, its implementation has not been optimal because it is still limited to administrative aspects, weak law enforcement, minimal coordination between institutions, and low community participation. Nevertheless, there are positive initiatives by local governments in integrating sustainability principles through community-based programs. Thus, the implementation of the Green Constitution concept in Kudus Regency requires strengthening of legal substance, harmonization of regulations, and strengthening of implementation capacity so that regional regulations do not stop as normative texts, but truly become effective and equitable instruments for environmental protection.
Digitalisation of University Education and Research as Consequence of the Covid-19 Pandemic – A Paradigmatical Change Koos, Stefan
JUSTITIA JURNAL HUKUM Vol 6 No 1 (2022): justitia jurnal hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v7i1.12558

Abstract

The compulsion to work from home and contact restrictions has given digitalisation a greater push than it ever had before. As is often the case when a development process is not slow but forced and accelerated by external influences, dislocation occurs because people are rather slow to adapt to new circumstances. We see a quick change in teaching methods, a digitalization of teaching, but at the same time we see tendencies to continue behaviours of face-to-face teaching and not to adapt to the new processes. This applies equally to both students and lecturers. The article is based on a presentation of the author at the ‘1st Multidisciplinary International Conference on Potential of Research during Pandemic’ on 15.-16. Dezember 2021 at the Universitas Muhammadiyah Surabaya. It aims to give an exemplary insight of legal and didactic issues in university law teaching in Germany. Most of these issues may be transferrable to the teaching situation in Indonesia. The paper concludes that the accelerated digitalization of university teaching, which may be more than just an intermediary substitute to traditional teaching methods, needs behavioural changes of lecturers and of students. Furthermore, it pleads for a more pragmatical approach in data protection law.Keywords: digitalisation; teaching methods; data protection; examination law.

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