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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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Bahasa Inggris Ratri Novita Erdianti; Jessica Widya Larossa; Muhamad Helmi Md. Said; Said Noor Prasetyo
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.v10i1.29576

Abstract

Overcrowding in correctional institutions significantly affects Indonesia's correctional system. This leads to problems like decreased effectiveness, inefficient budgeting, social impacts, and human rights violations. We must urgently assess the penal system by adopting a broader view of punishment objectives. This paper evaluates the penal system's effectiveness, focusing on short-term deprivation of liberty, and examines community service as an alternative to imprisonment under criminal law reform. We use a normative juridical approach to analyze legal issues related to short-term deprivation of liberty from the viewpoint of punishment objectives. The results show that community service aligns well with punishment objectives; it provides a more effective and efficient alternative to short-term imprisonment, which often fails to deliver optimal rehabilitative and preventive effects. The novelty of community service orders lies in its role as an instrument to address the limitations of short-term imprisonment, broadening the punishment paradigm toward a more humanistic, productive, and reintegration-oriented approach.
Judicial Protection for Sharia Consumers: A Normative Analysis of OJK Regulation No. 2 of 2024 and the Competence of Religious Courts Ahmad Syauqi Azmi Ramadhan; Surya Sukti; Baihaki; Mualimin
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.v10i1.30210

Abstract

Strengthening Sharia governance through Financial Services Authority Regulation (POJK) No. 2 of 2024 is pivotal for enhancing Sharia compliance and consumer protection. However, a significant gap remains between institutional governance and the practical enforcement of consumer rights. This article analyzes this disparity by evaluating POJK No. 2/2024 within the framework of Sharia economic law and the judicial role of Religious Courts. Using a normative-juridical method with statutory and conceptual approaches, this study finds that POJK No. 2/2024 remains focused on administrative-institutional realms, failing to optimally integrate with the Financial Sector Development and Strengthening Law (PPSK Law) and the adjudicatory authority of Religious Courts. To address this, this article develops a judicial-normative model that positions POJK No. 2/2024 as a "standard of care" in Sharia consumer dispute adjudication. This model transcends mere administrative compliance by transforming OJK’s governance standards into enforceable legal benchmarks for judges to determine professional negligence and liability. By integrating maqāṣid al-sharī’ah with access to justice, this research repositioning the Religious Court not merely as a dispute resolver, but as a strategic enforcer of Sharia-compliant consumer protection standards.
Pengaruh Pancasila Terhadap Kehidupan Beragama dan Nasionalisme di Lingkungan Kampus Politeknik Negeri Ketapang Program Studi Teknologi Hasil Perkebunan Isye Selvianti; Marisa Nopriyanti; Khairul Muttaqin
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.v10i1.27837

Abstract

This study aims to examine, from both juridical and sociological perspectives, the implementation of Pancasila values in religious life within higher education institutions, as well as to analyze the role of Pancasila as a fundamental legal norm in fostering interreligious tolerance and strengthening nationalism among university students. As the state ideology, the source of all sources of law, and the philosophical foundation of the Indonesian legal system, Pancasila occupies a strategic position in shaping national character, particularly within the context of social interaction and religious life in higher education. This research employs a normative–empirical legal research method using statutory, conceptual, and sociological approaches. The research subjects consist of students from the Agro-Industrial Technology Study Program at the Ketapang State Polytechnic, with samples drawn from second-, fourth-, and sixth-semester students. The data are analyzed to assess the relationship between the normative legal framework of Pancasila and its practical implementation in campus religious life. The findings indicate that religious diversity within the higher education environment does not result in significant conflict, as Pancasila values have been substantively internalized in students’ attitudes and behavior. Pancasila functions not merely as an ideological principle but also as an effective normative legal guideline in cultivating a culture of tolerance and reinforcing students’ sense of national identity and nationalism. These findings are consistent with the constitutional mandate, particularly Article 31 of the 1945 Constitution of the Republic of Indonesia, as well as the objectives of national education as regulated under the prevailing laws and regulations.
A Human Rights-Based Approach Study to Address Child Marriage in the Dayak Kanayat’n Indigenous Community in Mempawah Regency Norvirta Dewi; Selsa Rizki Agustin Sakila; Cremona Suwartikarin; Hazilina Hazilina
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.v10i1.28395

Abstract

Child marriage constitutes a persistent violation of children’s rights, often sustained by the interaction of customary norms, economic pressures, and limited access to education. This research examines the practice of child marriage in Toho Subdistrict, Mempawah Regency, with particular attention to the influence of Dayak Kanayat’n customary norms. The study aims to analyze how customary law shapes child marriage practices, assess the extent to which human rights principles can be integrated into these norms, and formulate strategies to harmonize a human rights-based approach with respect for cultural values. This research employs an empirical legal research method with a socio-legal approach. The findings reveal that child marriage is commonly justified through customary interpretations related to family honor, social harmony, and economic considerations. Nevertheless, the study finds that human rights principles, especially those concerning children’s rights, are not fundamentally incompatible with customary norms but are often insufficiently understood and institutionalized within local practices. The research identifies the potential for harmonization through culturally sensitive advocacy, reinterpretation of customary values, and the active involvement of customary leaders as key agents of change. this study proposes a collaborative model involving customary institutions, local government, and civil society to promote gradual cultural transformation while ensuring effective protection of children’s rights.
Ensuring Access to Justice for Children with Disabilities as Victims of Sexual Violence: A Socio-Legal Study in Palangka Raya Theresia Wineini; Kiki Kristanto; Karlinae D. Bangas
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.v10i1.28687

Abstract

This study examines the fulfillment of the rights of children with disabilities who are victims of sexual violence in the law enforcement process by the police. The purpose of this study is to analyze the forms of legal protection provided and to identify the obstacles faced by the police in handling these cases. This study uses empirical legal research methods with a qualitative approach. The results show that the Palangka Raya City Police have made efforts to provide legal protection through criminal and non-criminal measures. Criminal measures include the handling of cases by special investigators for children, the provision of assistance to victims, and the prosecution of perpetrators. Meanwhile, non-criminal measures are carried out through socialization activities, counseling on the prevention of sexual violence, and cooperation with child protection agencies and relevant social institutions. However, this study found various obstacles in fulfilling the rights of victims, including limited communication with victims due to disability and trauma, difficulties in obtaining witnesses and evidence, a lack of human resources with special expertise, weak coordination between institutions, social stigma against persons with disabilities, and the risk of intimidation and revictimization of victims. These findings emphasize the need to strengthen the institutional capacity of the police, improve cross-sector coordination, and adopt a human rights-based approach to ensure effective legal protection for children with disabilities who are victims of sexual violence.
Tender Rigging as a Violation of Competition Law : A Study of KPPU Decision No. 02/KPPU-L/2024 Omar Damaraji Dewananda; Jeffri Marthan Leonard; Ibnu Zakaria
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.v10i1.29048

Abstract

Tender mechanisms are intended to ensure fair business competition; however, in practice, they are often manipulated through bid rigging that leads to unfair competition. This study examines the legal issue of how tender arrangements are classified as violations of competition law and analyzes the legal reasoning of the Business Competition Supervisory Commission (KPPU) in Decision No. 02/KPPU-L/2024. The purpose of this research is to analyze forms of tender arrangements that violate Law Number 5 of 1999 and to assess the legal considerations applied by the KPPU in deciding the case. This research employs normative legal research. The findings reveal that the tender arrangement in this case involved agreements among business actors and the participation of related parties, resulting in the elimination of fair competition, as evidenced by similarities in bid documents, predetermined tender winners, and actions that hindered other business actors from competing fairly. In its decision, the KPPU concluded that such conduct fulfilled the elements of bid rigging as stipulated in Article 22 of Law Number 5 of 1999, thereby legally and convincingly proving the occurrence of a violation of competition law. This decision affirms the role of the KPPU in enforcing fair competition principles and providing legal certainty in public procurement practices.
Bank’s Legal Liability toward Customers in Cases of Transaction Restrictions under LPS Special Surveillance Diana R.W. Napitupulu
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.v10i1.29808

Abstract

This article analyzes the legal liability of banks toward customers arising from transaction restrictions imposed during the Indonesia Deposit Insurance Corporation’s (LPS) Special Surveillance period. The study aims to determine whether such regulatory restrictions limit or extinguish banks’ contractual, statutory, and tort-based obligations to customers. This research employs normative legal research with statutory and conceptual approaches. The findings demonstrate that compliance with mandatory regulatory directives does not automatically absolve banks from legal liability. While transaction restrictions may justify temporary non-performance of contractual obligations, they cannot be categorically classified as force majeure, because the restrictions arise from regulatory intervention linked to the bank’s financial condition rather than from unforeseeable external events beyond the parties’ control. Banks therefore remain liable where restrictions are inadequately disclosed, applied arbitrarily, or attributable to prior mismanagement that precipitated the bank’s financial deterioration. The study further finds that regulatory intervention does not result in a full transfer of liability from banks to the state or LPS, as LPS’s mandate as a public legal entity is confined to supervisory and resolution functions rather than assuming private law responsibilities toward customers. Consequently, customers retain access to legal remedies through civil claims, administrative complaints, and judicial review of regulatory actions. This article concludes that clearer statutory allocation of liability, enforceable disclosure standards, and transparent procedures during Special Surveillance are essential to ensuring legal certainty and balancing financial system stability with effective customer protection.
Tax Risk Management in Corporate Mergers: A Normative Assessment of Legal Certainty and Anti-Avoidance Risks in Indonesian Tax Law Yoyo Arifardhani; Theresia Magdalena
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.v10i1.30197

Abstract

Corporate mergers as a strategy for business expansion generate complex tax implications, particularly regarding the transfer of assets and liabilities and changes in corporate organizational structures that may affect the tax base. In Indonesia, although various tax regulations governing merger transactions have been enacted, legal uncertainty persists and creates significant tax risks if such transactions are not carefully structured. These risks may arise in relation to income tax, value-added tax, and land and building acquisition duties, potentially increasing the tax burden and triggering disputes with tax authorities. This study aims to analyze the legal and regulatory framework governing corporate merger taxation in Indonesia, identify potential tax risks embedded in the regulatory structure and transactional practices, and determine effective strategies for mitigating such risks. This research employs a normative juridical method using statutory, conceptual, and comparative approaches. The analysis examines key Indonesian tax regulations, including the Income Tax Law, the Value Added Tax Law, and regulatory provisions governing corporate restructuring, supported by relevant academic literature and legal materials. The findings indicate that tax risks in merger transactions can be mitigated through the strategic use of specific legal instruments within the Indonesian tax framework. In particular, the application of tax-neutral merger provisions, the utilization of restructuring tax facilities, and the implementation of comprehensive tax due diligence prior to the transaction are identified as the most effective mitigation strategies. These mechanisms help ensure regulatory compliance while minimizing potential tax disputes. However, interpretative gaps and enforcement inconsistencies in anti-avoidance provisions continue to generate legal uncertainty, highlighting the need for clearer regulatory guidance to strengthen legal certainty in corporate merger taxation.
Access to Justice for Persons with Mental Disabilities as Victims of Sexual Violence: A Case Study of Palangka Raya Jeni Yestari; Suriansyah Murhaini; Claudia Yuni Pramita; Rizki Setyobowo Sangalang
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.v10i1.30288

Abstract

Sexual violence against persons with mental disorders (ODGJ) raises serious legal issues related to the fulfillment of victims' rights and access to justice, particularly due to the victims’ limited capacity to provide testimony and defend themselves in criminal proceedings. This study aims to analyze the forms of legal protection and the effectiveness of regulatory implementation in handling ODGJ as victims of sexual violence in Palangka Raya City. This research employs an empirical legal research method through field data collection and analysis of relevant legal frameworks. The findings indicate that although Law No. 12 of 2022 concerning Sexual Violence Crimes and Law No. 17 of 2023 concerning Health provide a normative basis for victim protection, their implementation remains limited in practice. In Palangka Raya, several specific obstacles were identified, including the absence of specialized psychological assessment mechanisms to support victim testimony, limited availability of mental health experts during the investigation process, and the lack of standardized procedures for adapting examination techniques to victims with mental disabilities. In addition, the absence of integrated service facilities and limited training for law enforcement officers regarding disability-sensitive approaches further complicate the handling of such cases. This study emphasizes that legal protection for ODGJ victims of sexual violence requires a more comprehensive approach through capacity building for law enforcement officials, adaptive evidentiary mechanisms, and stronger institutional coordination to ensure the effective fulfillment of victims’ rights.

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