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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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Effectiveness of the Electronic Information and Transactions Act Against Dating APPS-Based Pornography Crimes Anwar, Maulidya; Maskun, Maskun; Judhariksawan, Judhariksawan
JUSTITIA JURNAL HUKUM Vol 6 No 2 (2022): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v6i2.17392

Abstract

Penelitian ini bertujuan untuk :  (1) Menganalisis, mengevaluasi, dan mencari tahu sejauh mana efektivitas UU ITE terhadap tindak pidana pornografi berbasis Dating APPS di Kota Makassar. (2) Menganalisis, mengevaluasi, dan menemukan faktor yang berpengaruh terhadap efektivitas penegak hukum  Terhadap Tindak Pidana Pornografi Berbasis Dating APPS di Kota Makassar. Penelitian ini merupakan penelitian hukum empiris dengan menggunakan pendekatan lapangan, dimulai wawancara yang akan mengkaji dan menganalisis sejauh mana efektivitas UU ITE terhadap tindak pidana pornografi berbasis Dating APPS. Tipe penelitian ini meliputi kajian yang memandang hukum sebagai kenyataan, mencakup kenyataan sosial, kenyataan kultur dan kenyataan penegak hukumnya. Hasil penelitian ini menunjukan bahwa : (1) Dari segi relugasi telah dianggap memumpuni, namun jika dititik beratkan pada struktur penegak hukum, penulis menemukan masih banyaknya penyebaran informasi ataupun konten yang mengandung muatan asusila di beberapa aplikasi dating apps. (2) Efektivitas penegakan hukum belum maksimal dan edukasi tentang penyebaran konten bermuatan asusila belum maksimal sehingga kesadaran hukum masyarakat juga belum menyeluruh dan mendalam tentang regulasi UU ITE terhadap penyebaran konten bermuatan pornografi terkhusus di media dating apps.
The Making of Law Non-Participatory and Its Impact on Democracy Wardana, Dodi Jaya
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.v7i1.17565

Abstract

The formation of laws in Indonesia today, both formally and materially, is still prone to deviations (controversy) by not involving public participation and not being open. This will result in problems in the form of legislative corruption, buying and selling articles, law products with weak legitimacy to Judicial Review. Public participation in the process of forming laws is an important element, because laws that are formed in a participatory manner are in line with democratic rule of law and meet the legal needs of society. Democracy. The focus of the study and analysis carried out in this research is related to the formation of an omnibus law (Cipta Kerja) which is considered undemocratic so that it poses a danger (legal consequences) and various responses from the community ranging from community rejection, students to workers who hold demonstrations. (demo) in various regions, then the submission of a judicial review at the constitutional court, then the inclusion of bills that are not important into the national legislation program and the existence of corruption in legislation in the law-making stage. This research is a normative legal research that aims to find solutions to legal issues and problems that arise in Indonesia in it, so that the results to be achieved then provide a prescription on what should be on the issues raised. The approach used is the law approach and the concept approach. The results of this study show that the process of forming the Omnibus law (Cipta Kerja) is full of interests, in this case the Government, DPR to Entrepreneurs so that it is not transparent (closed) and the lack of public participation which results in violations of democratic values and the constitution.Keywords: Formation of Laws; Not Participatory; Democracy.
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.
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.
The Effect of Self Medication Practices on Oversight of Potent Drugs Without a Doctor's Prescription Masaliha, Musyafar T; Alwi, Sabir; Misdar, Andriani
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.v7i1.18018

Abstract

The practice of self-medication is the practice of treating oneself without consulting a doctor. The practice of self-medication according to existing regulations may only be carried out for over the counter drugs and limited over the counter drugs, however, in practice in the field there are many self medication practices using hard drugs without a doctor's prescription. This study aims to analyze the practice of self-medication of hard drugs without a doctor's prescription legally and to analyze its relationship with the supervision carried out by the POM Agency. This study uses a normative juridical method by analyzing cases that occur using existing legal materials, both primary, secondary and non-legal materials. From the research it can be concluded that the practice of self-medication of potent drugs without a doctor's prescription is contrary to existing provisions and can affect the effectiveness of the implementation of supervision carried out by the BPOM. 
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.
Implementation of Permendikbudristek Number 30 of 2021 And The Law on The Criminal Action of Sexual Violence Towards The Behavior of Sexual Harassment by Educators To Students In The Campus Environment (Case Study of The University of Muhammadiyah Tangerang) Efrilia, Erma; Fauziah Ahmad, Dwi Nur; Amiludin, Amiludin; Hidayatullah, Hidayatullah
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.v7i1.18386

Abstract

Sexual harassment has recently occurred a lot in the campus environment, the purpose of this study is to find out the application of Regulation of the Minister of Education, Culture, Research and Technology number 30 of 2021 and the law on criminal acts of sexual violence against sexual harassment behavior by educators to students in the University Muhammadiyah Tangerang environment, this research is empirical juridical with primary and secondary data sources, primary data is obtained from interviews with speakers, namely the director of Legal Aid of University Muhammadiyah Tangerang, Taskforce and student selection committee, observations in the University Muhammadiyah Tangerang campus environment and documentation, while the secondary data comes from primary legal materials in the form of laws and regulations, namely Regulation of the Minister of Education, Culture, Research and Technology number 30 of 2021 and Law Number 12 of 2022 concerning sexual violence crimes, which is then analyzed qualitatively so that data is presented in the form of sentences. The result of the discussion was the existence of a task force selection committee as a form of implementing regulations and protecting victims.Sexual harassment, campus, implement, regulations
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.
Legal Review of the Publication of Song Scores on Youtube Without the Copyright Owner's Permission Fitriadi, Muhammad; jannah, Miftahul; Marlin, Marlin; Zull Haq, Rusdien Aditya
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.v7i1.18997

Abstract

The discussion in this research is fundamentally related to the legal review of the publication of sheet music on YouTube without the permission of the copyright owner. Often uploading song scores on Youtube with the intention of wanting to publish and gain personal gain is a new habit that has been practiced by the public lately because of technological developments and easy access to do so, it also causes a weakness in the legal protection given to creators who own works. and is entitled to the copyright. To examine the themes raised in this study, several main issues were formulated, including 1) What are the indicators of song copyright protection under the Copyright Law?, 2) What are the legal implications for the actions of someone who publishes sheet music without the author's permission in Youtube? The results of this study are that 1) Indicators in song copyright protection based on the Copyright Law, namely moral rights and economic rights. Moral rights are based on the existence of a creation that must be protected because it is a real form of the results of a person's thoughts, imagination, expertise and abilities, while economic rights are based on the existence of exclusive rights that are automatically owned by a creator to benefit from his creation as long as all of these economic rights are not transferred to others. 2) The legal implications arising from the actions of someone who publishes sheet music without the permission of the creator or the legal copyright holder on Youtube, can be sued for civil damages through a commercial court and can also be prosecuted criminally in the form of a criminal act of copyright infringement which is a type of criminal complaint.
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.

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