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<![CDATA[Legal Protection For The People Of Buleleng Regency In Providing Smoking-Free Area Services Based On Buleleng Regional Regulation Number 2 Of 2015 Concerning Non-Smoking Areas ]]>
<![CDATA[Mangku, Dewa Gede Sudika]]>
<![CDATA[ JUSTITIA JURNAL HUKUM Vol 6 No 1 (2022): justitia jurnal hukum ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Surabaya ]]>
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DOI: 10.30651/justitia.v7i1.12775
<![CDATA[This study aims to determine the legal protection for the people of Buleleng Regency in providing smoke-free area services based on Buleleng Regency Regulation Number 2 of 2015 concerning Non-Smoking Areas. In this study, the type of research used is normative legal research by using legal material collection techniques in the form of document studies or literature studies. The approach used in this research is a statutory approach and the sources of legal materials used are primary legal materials, secondary materials, and tertiary legal materials. The results of the study show that the Buleleng Regency Regulation Number 2 of 2015 concerning Non-Smoking Areas has provided legal protection to the community by establishing a smoke-free area, regulating obligations and prohibitions related to non-smoking areas and regulating administrative and criminal sanctions for parties who do not violate no smoking area regulations. So based on this, it is hoped that legal protection for the people of Buleleng Regency in providing smoke-free area services can be fulfilled.Keywords: legal protection, no smoking area, Buleleng Regency]]>
<![CDATA[Body Shaming Act as a Crime in Indonesian Criminal Law ]]>
<![CDATA[Erdianti, Ratri Novita]]>;
<![CDATA[Wasis, Wasis]]>;
<![CDATA[Samira, Echaib]]>;
<![CDATA[Al-Fatih, Sholahuddin]]>
<![CDATA[ JUSTITIA JURNAL HUKUM Vol 6 No 1 (2022): justitia jurnal hukum ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Surabaya ]]>
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DOI: 10.30651/justitia.v7i1.12791
<![CDATA[Body shaming is an act that often occurs in society. Body shaming is an act that refers to the activity of criticizing and commenting negatively on the physical or other person's body or the act of mocking / insulting a person's body shape or body size or someone's appearance. Often this body shaming is carried out only for jokes or jokes among the public, but basically if viewed from a criminal law perspective, basically this body shaming meets the criteria for a criminal offense in the defamation article regulated in the Criminal Code. criminal offense in contempt which can be punished by using article 315. Considering the legal rules regarding body shaming in the Criminal Code and outside the Criminal Code which in the regulation do not mention directly about body shaming, it is necessary to review the rules governing body shaming so that it does not give rise to multiple interpretations. The formulation of the problem in this study is the regulation of criminal acts in insulting body image (body shaming) in terms of the Criminal Code and Legislation Outside the Criminal Code. The method used in this article uses a normative juridical research method. Later this study will review the legal construction of the law on body shaming in criminal law in Indonesia. In the regulation of the Criminal Code, body shaming is regulated in the elements of a criminal act, article 315. In addition, Indonesia already has a number of rules that regulate behavior on the internet, such as Law No. 11 of 2008 concerning Electronic Information and Transactions, which was later amended in Law No. 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Transactions. Electronic (UU ITE)]]>
<![CDATA[The Legal Position of Amicus Curiae's Opinion on Criminal Judicial Processes in Indonesia ]]>
<![CDATA[Krisnalita, Louisa Yesami]]>;
<![CDATA[Mutiarany, Mutiarany]]>;
<![CDATA[Sharon, Grace]]>;
<![CDATA[Mohamad, Ani Munirah]]>
<![CDATA[ JUSTITIA JURNAL HUKUM Vol 6 No 1 (2022): justitia jurnal hukum ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Surabaya ]]>
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DOI: 10.30651/justitia.v7i1.12807
<![CDATA[Amicus curiae comes from the Latin "amicus" which means "friend" and "curiae" which means "court". In English it is called "Friends Of Court" in Indonesian it is called Friends of Court. Amicus curiae is derived from Roman law, which was later developed and practiced in the common law system, which allows courts to invite third parties to provide information or legal facts relating to unfamiliar issues. Amicus curiae's opinion, when displayed in court, can increase the judge's confidence in the criminal evidence system. Regarding the Amicus curiae's opinion, there is no regulation in the provisions of the criminal procedural law so that the judge is still hesitant to use the Amicus curiae's opinion. The research method used is normative juridical. The results of the research in writing that because Amicus curiae does not yet have clear rules in the judiciary in Indonesia, it is difficult for judges to consider the opinion of Amicus curiae submitted in court and also difficult to relate to the evidence contained in Article 184 of the Criminal Procedure Code because The Amicus curiae does not yet have a clear form in the Indonesian judiciary]]>
<![CDATA[Civil Justice as An Option for Fulfilling Environmental Justice Through The Principles of Ius Curia Novit and Rechtsvinding ]]>
<![CDATA[Purwendah, Elly Kristiani]]>;
<![CDATA[Monteiro, Seguito]]>;
<![CDATA[Rusito, Rusito]]>;
<![CDATA[Erowati, Eti Mul]]>;
<![CDATA[Djatmiko, Agoes]]>
<![CDATA[ JUSTITIA JURNAL HUKUM Vol 6 No 1 (2022): justitia jurnal hukum ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Surabaya ]]>
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DOI: 10.30651/justitia.v7i1.12808
<![CDATA[Civil trials on the principle of ius curia novit and rechtsvinding become a breath of fresh air for justice seekers seeking their laws that fulfill the ideè des rechts (rechtssicherheit: legal certainty, zweckmässigkeit: expediency, and gerechtigkeit: justice). The principle of ius curia novit which means that the judge is considered to know the law becomes a space for judges in making legal discoveries (rechtsvinding). The implementation of laws by judges is not merely a matter of logic and proper use of the mind, but rather the provision of juridical forms rather than basing on juridical experience and judgment rather than basing on abstracts, because the law cannot be complete, only one stage in the process of forming a law that is forced to seek its completeness in the legal practice of the judge. The judge's wiggle room in fulfilling the sense of justice for justice seekers in the environment as the decision No. 374 / Pdt.G / LH / 2019 / PN.Jkt.Pst which granted the lawsuit of the plaintiffs (Advocacy Team of the Capital Movement (Initiative to Clean the Air of the Universe Coalition) based the findings of the judge's law, basing on Decision Number: 36 / KMA / SK / II / 2013 concerning the Enactment of guidelines for handling environmental cases. Keyword: ius curia novit, rechtsvinding, onrectmatigedaad, lawsuit, environment.]]>
<![CDATA[The Basis of Minimum Wages Determination for Worker in Indonesia Positive Law and Sharia ]]>
<![CDATA[Julaicha, Siti]]>;
<![CDATA[Wijayanti, Asri]]>;
<![CDATA[Sahid, Mualimin Mochammad]]>
<![CDATA[ JUSTITIA JURNAL HUKUM Vol 6 No 1 (2022): justitia jurnal hukum ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Surabaya ]]>
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DOI: 10.30651/justitia.v7i1.13157
<![CDATA[This study aims to analyze the basis of wages determination for workers in the perspective of positive law and Sharia. The Labor Act prohibits employers from paying wages below the minimum wage. The threat of criminal sanctions for small employers who cannot afford to pay and there is no sanction for large employers to pay wages to all workers without any differences in work tenure. This research is a normative juridical with statute approach. The results of this study showed that there were differences in parameters in the determination of workers' wages based on the Manpower Act, and sharia principles. The minimum wage parameter based on the Labor Law is the need for a decent living for single workers. While Sharia parameters are more flexible. Determination of wages based on agreement according to the conditions of the parties and provide benefits. In conclusion, the determination of wages based on sharia principles is closer to the sense of fairness for the parties. The recommendation is to revise the parameters for determining the minimum wageKeywords: benefit; minimum wage; sharia; fairness.]]>
<![CDATA[The Role of Mediation Agreement of Divorce Which Ended Amicably (Case at Yogyakarta Religious Court) ]]>
<![CDATA[Muhammad, Dodi]]>;
<![CDATA[Sanjaya, Umar Haris]]>
<![CDATA[ JUSTITIA JURNAL HUKUM Vol 6 No 2 (2022): Justitia Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Surabaya ]]>
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DOI: 10.30651/justitia.v6i2.17179
<![CDATA[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. ]]>
<![CDATA[Legal Protection for Online Shopping Business Receiving Fictive Orders With a Payment System on The Site or Cash on Delivery ]]>
<![CDATA[Apriyanti, Devi]]>;
<![CDATA[Purwendah, Elly Kristiani]]>;
<![CDATA[Muchtar, Wiwin]]>;
<![CDATA[Pudyastiwi, Elisabeth]]>
<![CDATA[ JUSTITIA JURNAL HUKUM Vol 6 No 2 (2022): Justitia Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Surabaya ]]>
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DOI: 10.30651/justitia.v6i2.17227
<![CDATA[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.  ]]>
<![CDATA[Relevance of Life Prison in View from the Purpose of Criminal ]]>
<![CDATA[Rahman, Kholilur]]>;
<![CDATA[Nainggolan, Samuel Dharma Putra]]>;
<![CDATA[Sinambela, Jamalum]]>;
<![CDATA[Budi, Kukuh Pramono]]>;
<![CDATA[Lestari, Arum Ayu]]>
<![CDATA[ JUSTITIA JURNAL HUKUM Vol 6 No 2 (2022): Justitia Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Surabaya ]]>
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DOI: 10.30651/justitia.v6i2.17239
<![CDATA[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.]]>
<![CDATA[Consumer Protection Against Traditional and Dangerous Medicines in Indonesia ]]>
<![CDATA[Indradewi, A.A. Sagung Ngurah]]>;
<![CDATA[Sahid, Mualimin Mochammad]]>
<![CDATA[ JUSTITIA JURNAL HUKUM Vol 6 No 2 (2022): Justitia Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Surabaya ]]>
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DOI: 10.30651/justitia.v6i2.17240
<![CDATA[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.]]>
<![CDATA[Strengthening Public Participation in The Law-Making ]]>
<![CDATA[Sukardi, Sukardi]]>;
<![CDATA[Wardana, Dodi Jaya]]>
<![CDATA[ JUSTITIA JURNAL HUKUM Vol 6 No 2 (2022): Justitia Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Surabaya ]]>
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DOI: 10.30651/justitia.v6i2.17241
<![CDATA[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.]]>
