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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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The Significance of State Practises in Enforcing the Principle of Effectiveness in Claims of Territorial Ownership Vinata, Ria; Ibnu Asqori Pohan
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.v7i2.20410

Abstract

The state can obtain rights to a territory through various means of ownership, including prescription, accretion, cession, conquest, and occupation, as long as it can effectively control (occupation) the territory with long-lasting control (practical work). The Sipadan and Ligitan Islands dispute is Indonesia's first experience with the concept of effectivity. Effective control over an area dramatically influences the claim to ownership. Several countries claim land ownership based on ratio decidendi analysis of international court decisions. The Research method in this writing uses normative juridical analysis also known as the library research method. The author chose this approach because the analysis results will be discussed and explained concerning international law case studies. This research aims to analyze and describe the Role of State Practices in Implementing the Principle of Effectiveness towards Claims of Territorial Ownership.
Implications of Space Exploitation and Exploration on The Environment by Human Rights Ahmad Syahird; Irwan
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.v7i2.20412

Abstract

This study aims to require an instrument of international law on the laws of space which is an ecological perspective by including the right to get a good and clean environment for everyone. Then, it will need to be found in the application of international-law instruments that have existed by launcher and private states to engage exploitation and exploration activities in space. This type of study results in normative juridical research that guides current international laws and regulations and other legal materials by studying library materials of legal materials that are relevant to the topic. The results of this study suggest that the destruction of exploitation and space exploration is a structural problem due to the political economic domination, both of developed and private countries and capital. By power and capital superiority, the exploitation and exploration of space are done far away from the perspective of human rights.
Sexual Violence in Higher Education, Policies in Indonesia and India Sukeni, Dewi Setyowati; Bhanu Prakash
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.v7i2.20438

Abstract

The phenomenon of sexual violence in college is a serious concern of the Ministry of Education and Culture, and in order to prevent and handle the occurrence of sexual violence in college, the Minister of Education and Culture Regulation Number 30 Year 2021 concerning Prevention and Handling of Sexual Violence in Higher Education is issued (hereinafter referred to as Permendikbud 30 / 2021) which was promulgated on September 30, 2021. The enactment of Permendikbud 30 / 2021 raises pros and cons in the community such as the enactment of provisions regarding "sexual consent" or "without the consent of the victim" as stated in Article 5 that for several acts that are included the category of harassment if it is carried out with the consent of the victim then it can be justified or not harassment, for example the act of spreading images or photos of victims that have sexual nuances. The Prevention of Sexual Harassment Act came into force in India after what is known as the Nirbhaya case. It makes it compulsory for all higher education institutions to have an internal complaints committee (ICC) to address abuse on campus. But nearly, a report by the Ministry of Education found only 95 out of 188 institutions had established committees, and those that were in place were considered ineffectual by students.This study aims to determine, identify and analyze the position of the Minister of Education and Culture Regulation Number 30 Year 2021 in the material criminal law system in Indonesia; to find out and describe how the implementation of Permendikbud 30 / 2021, especially with regard to aspects of handling sexual violence in universities. Normative juridical research using the approach to legislation and the implementation of the Minister of Education and Culture Regulation must begin with strengthening higher education governance such as the establishment of a task force for the prevention and handling of sexual violence, preparation of guidelines for the prevention and treatment of sexual violence, provision of reporting services, counseling for victims, socialization in college environment. Keywords: prevention, treatment, sexual violence, college.
Dampak Alih Fungsi Lahan Hutan Mangrove Bagi Keberlangsungan Sumber Daya Hayati Dan Lingkungan Desa Tanjung Luar Asyri Febriana; Baiq Ishariaty Wika Utary
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.v8i1.20447

Abstract

Mangrove forests and coastal forests are green belts in coastal areas that have ecological and socio-economic functions. The main ecosystem in coastal areas is mangroves, which not only have economic value but also have great value for the environment. Tanjung Luar village, Keruak sub-district currently still really needs more attention and is still in the development stage, because most of the mangrove forests in the Tanjung Luar area have been converted into residential areas, shrimp ponds and salt ponds. This research aims to determine the impact of mangrove forest land conversion on the sustainability of biological resources and the environment of Tanjung Luar Village by reviewing environmental protection and management based on the environmental protection and management law. This research uses normative empirical research methods. The research results show that the impact of the conversion of mangrove forest land results in an imbalance in the marine ecosystem and has a direct impact on the community, especially people who earn a living as fishermen. Efforts that can be made to overcome this are by reforesting and reorganizing coastal spatial planning by involving the government, fisheries and marine services and the general public. Many cases of environmental pollution and damage are caused by human activities such as air pollution, water pollution, land pollution and forest damage which ultimately harm humans. Realizing the importance of living necessities and the high dependence on natural resources such as mangroves, a solution is needed to combine ecological, economic and socio-cultural aspects so that they are sustainable and thus support sustainable development programs. Several efforts that can be made to restore condition of mangrove forests are by involving the community to get involved directly. Such as conducting socialization on the importance of the negative impacts of environmental pollution, especially for the forest environment and the importance of mangroves for the sustainability of marine ecosystems and starting to replant mangrove forests which had previously been converted into residential areas by moving people who inhabit coastal areas with guaranteed compensation in the form of new settlements.
Construction Law for the Crime of Sexual Harassment in Indonesia: Beyond the Basics of Criminal Law Novita Erdianti, Ratri; Wasis; Anggraeny, Isdian; Kagiso Hlongwane
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.v8i1.20629

Abstract

Sexual Harassment in Indonesian is defined as sexual harassment, which often occurs in society. This kind of condition can be carried out by the community directly or indirectly, physically or verbally, towards the victim. Sexual harassment is an act of a sexual nature that makes the victim feel uncomfortable and disadvantaged, so legal action needs to be taken to take action against the perpetrator. Because there are so many forms of sexual harassment, it seems necessary to examine which acts of sexual harassment qualify as criminal acts according to positive criminal law in Indonesia. In this research, the formulation of the problem raised concerns about how the legal construction of sexual harassment is in criminal law in Indonesia. This research uses a normative juridical method that will analyze acts of sexual harassment that are associated with elements of criminal acts based on criminal law in Indonesia, both based on the Criminal Code and in connection with other related laws and regulations.
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.
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.
Comparative Legal Frameworks for the Protection of Child Workers in the Entertainment Industry in Indonesia and the United States Rahmawati, Sinta; Purwanto , Gunawan
JUSTITIA JURNAL HUKUM Vol 10 No 1 (2026): Justitia jurnal Hukum (Article in Press)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v10i1.29919

Abstract

Legal protection for child performers in the entertainment industry constitutes a complex legal issue due to the tension between economic interests, the rapid growth of conventional and digital entertainment industries, and the fulfillment of children’s rights to education and welfare. This study aims to examine the legal frameworks governing the protection and education of child workers in the entertainment industry in Indonesia and the United States and to formulate an ideal policy framework for Indonesia. The research employs a normative-comparative legal research method. The findings reveal that the United States has established a more comprehensive and structured protection system through a combination of federal regulations, labor union policies, and state-level laws that specifically regulate working hours, mandatory education, working conditions, and the management of children’s earnings. These regulations prioritize the best interests of the child within the entertainment industry. In contrast, Indonesia relies primarily on general labor and child protection laws that do not specifically address the unique characteristics of the entertainment industry, particularly in the digital sector. The absence of specialized regulation creates legal gaps that may lead to violations of children’s rights, including exploitation and disruption of education. Therefore, this study highlights the urgency for Indonesia to develop specific regulations on child workers in the entertainment industry by adopting best practices from the United States while aligning them with national legal principles and child protection norms.

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