Justitia et Pax
JEP is primarily aimed to facilitate the legal scholars, researchers or practitioners in publishing their original or reviewed articles as well as to support the enactment of in-depth discussions on the related issues. It is also purposed to become a source of reference for those are involved in legal field.
JEP covers any topics related to Indonesian laws and legal system, spanning from the private and public law and covering various legal approaches, such as the comparative law, sociology of law, legal history and many others. Other contemporary legal studies, such as commercial and business law, medical law, law and technology, natural resources law and Islamic law are also covered. Hence, any contributions from legal scholars and practitioners are appreciatively welcomed.
Articles
296 Documents
<![CDATA[PROBLEMATIKA HAK UNTUK DILUPAKAN DALAM UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK (PERSPEKTIF HAM DAN TRANSPARANSI PUBLIK) ]]>
<![CDATA[Hartanto, Hartanto]]>;
<![CDATA[Noferani, Rudad]]>;
<![CDATA[Ababil, Muhamad Afghan]]>
<![CDATA[ Justitia et Pax Vol. 39 No. 2 (2023): Justitia et Pax Volume 39 Nomor 2 Tahun 2023 ]]>
Publisher : <![CDATA[Penerbit Universitas Atma Jaya Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24002/jep.v39i2.6927
<![CDATA[The rapid use of the internet in Indonesia as part of the world community has created dynamics and problems, in the field of information law and electronic transactions as well as human rights, and also related to one's privacy. The government holds the power to regulate the new world, namely cyberspace for internet users in Indonesia. The right to be forgotten is a person's right that must be protected by the state. In this case, through Law No. 19 of 2019 concerning Electronic Transactions and Information. The right to be forgotten in relation to those who are reported on or whose data is stored in public institutions in relation to perpetrators of criminal acts, victims of criminal acts, or related to news of criminal acts can be both positive and negative if it is misused. Someone who is published in the public space that he was once a victim or perpetrator of a crime certainly has the right to be forgotten so that he can improve himself without the shadow of a dark past. On the other hand, public transparency still requires information to be accessed for certain news. For example, criminal acts of corruption. Bearing in mind human rights and public transparency regarding the classification of who is allowed and who is not allowed to use this right, it must be strictly regulated, for example, criminal acts of corruption.]]>
<![CDATA[KONSISTENSI PENGATURAN TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN PERUSAHAAN DALAM PERATURAN PERUNDANG-UNDANGAN DI INDONESIA ]]>
<![CDATA[Vanessha Dasenta Demokracia]]>
<![CDATA[ Justitia et Pax Vol. 39 No. 1 (2023): Justitia et Pax Volume 39 Nomor 1 Tahun 2023 ]]>
Publisher : <![CDATA[Penerbit Universitas Atma Jaya Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24002/jep.v39i1.7031
<![CDATA[The article aims to find out and examine the inconsistencies in the regulation of corporate social and environmental responsibility in Indonesian laws and regulations and the legal politics of corporate social and environmental responsibility in Indonesian laws and regulations. This research is normative research with a legal political approach. The data source is in the form of secondary data consisting of primary legal materials and secondary legal materials. Methods of data collection using literature and interviews. Primary legal materials and secondary legal materials were analyzed using legal analysis methods. The thinking process used to draw conclusions is the deductive thinking process. There are inconsistencies in the regulation of corporate social and environmental responsibility in Indonesia, especially in Law Number 25 of 2007 concerning Investment and Law Number 40 of 2007 concerning Limited Liability Companies. There is an inconsistency or discrepancy in the regulation of corporate social and environmental responsibility because there is a discrepancy in the concept of corporate social and environmental responsibility in several laws that regulate this matter. Arrangements regarding social and environmental responsibility in Indonesia should be developed to address the current issues of corporate social and environmental responsibility. Renewal of social and environmental responsibility regulations can be carried out by taking into account the legal system and legal principles in force in Indonesia. This will enable the creation of legal certainty and provide justice for the parties in the implementation of corporate social and environmental responsibility.]]>
<![CDATA[PELANGGARAN PRINSIP-PRINSIP PIAGAM PBB 1945 DALAM SERANGAN MILITER RUSIA KE WILAYAH UKRAINA ]]>
<![CDATA[Pustika, Anna Anindita Nur Pustika]]>;
<![CDATA[Angela Merici Vanessa S.A]]>;
<![CDATA[Stephanie Liestia G]]>
<![CDATA[ Justitia et Pax Vol. 39 No. 1 (2023): Justitia et Pax Volume 39 Nomor 1 Tahun 2023 ]]>
Publisher : <![CDATA[Penerbit Universitas Atma Jaya Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24002/jep.v39i1.7088
<![CDATA[In international law, an independent and sovereign state has an obligation to respect another state such as not intervening, respecting territorial integrity, and resolving international disputes peacefully. The conflict between Russia and Ukraine attracted world attention since 2014 when Russia annexed the territory of Crimea, Ukraine which made a referendum and resulted in Crimea joining Russia. In 2022, the relations between Russia and Ukraine had problem because Russia did military operations by detonating bombs on several cities in Ukraine. The action raised questions about how the general principles of international law works that every independent state should respect. This paper examines the conflict relations between Russia and Ukraine against the general principles of international law based on the 1945 UN Charter. This paper used qualitative research with normative juridical research methods. The result of this paper is that the military operation by Russia does not reflect the implementation and respect of Article 2 paragraph (4) and Article 2 paragraph (7) of the UN Charter regarding the prohibition of using armed violence and acting to intervene in other countries. Also, Russia's actions unfulfilled the self-defense criteria specified by Article 51 of the UN Charter.]]>
<![CDATA[THE LEGAL STUDY OF NORMS OF CORNEAL DONOR REGULATION IN INDONESIA ]]>
<![CDATA[Nyoman, Yenny Khristiawati]]>;
<![CDATA[Yulianto, Yulianto]]>
<![CDATA[ Justitia et Pax Vol. 39 No. 2 (2023): Justitia et Pax Volume 39 Nomor 2 Tahun 2023 ]]>
Publisher : <![CDATA[Penerbit Universitas Atma Jaya Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24002/jep.v39i2.7405
<![CDATA[This research is determined to analyze about Indonesian citizen human rights and constitutional rights as a corneal transplant donors and recipients, also to analyze legal protection for Indonesian citizens. This research is a normative juridical method which is research that discusses about principles in law science, to look for solutions or legal issues to identify the basic meanings of rights and obligations, legal events, legal relations, and legal objects. Using a statute approach, a conceptual approach, and a comparative approach. Corneal donor and transplantation in Indonesia is a human right that must be protected and has been regulated in Article 25 of the United Nations Declaration of Human Rights and are also emphasized in Article 12 of the International Convention on Economic Social and Cultural Rights. Meanwhile the constitutional rights of Indonesian citizens as donors and recipients of corneal transplants have actually been stipulated in Article 28 H of the 1945 Constitution jo, Article 9, Article 64 Paragraph 1 and Paragraph 2 of the Health Law No. 36 of 2009, Article 28 of the Republic of Indonesia Government Regulation Number 53 of 2021, but these regulatory norms still do not provide optimal guarantees for both donors and recipients of corneal transplants.]]>
<![CDATA[THE JURIDICAL ANALYSIS OF LEGAL NORMS RELATED TO BPJS REFERRALS IN PUSKESMAS TO GOVERNMENT HOSPITALS ]]>
<![CDATA[Kurniadi, Adji Bhayu Kurniadi]]>;
<![CDATA[Huda, Mohkhamad Khoirul]]>
<![CDATA[ Justitia et Pax Vol. 40 No. 1 (2024): Justitia et Pax Volume 40 Nomor 1 Tahun 2024 ]]>
Publisher : <![CDATA[Penerbit Universitas Atma Jaya Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24002/jep.v30i2.7414
<![CDATA[The Regent's instructions to the Head of the Health Service in city M with letter number 445/ /402.102/2021 regarding BPJS Health Center patients if referred are directed to the Regional Government Hospital. This instruction creates a conflict between legal norms and applicable government regulations and Health BPJS regulations. Because it can have an impact on tiered referral services in hospitals. In the Regulation of the Minister of Health of the Republic of Indonesia Number 01 of 2012 it is explained that referrals are made in stages, according to medical needs starting from the first level of health services. Social health insurance is a right for residents regulated in RI Law No. 40 of 2004 and Regulation of the Minister of Health of the Republic of Indonesia Number 71 of 2013 concerning Health Services. State that follow-up referrals are individual health services that are specialist and sub-specialist. The purpose of this study is to analyze the impact that will occur if the implementation of the Regent's instructions regarding tiered referrals in City M is carried out. The research method used Normative Descriptive Analysis with a statutory regulation approach and analysis using secondary data in the form of Legal Materials with Literature Studies, so that it becomes clear how the correct position is between Government instructions and regulations and the applicable Health BPJS.]]>
<![CDATA[TINJAUAN YURIDIS ORGANISASI SAYAP PARTAI POLITIK LOKAL DI ACEH ]]>
<![CDATA[Jefrie Maulana]]>;
<![CDATA[Djusfi, Apri Rotin]]>;
<![CDATA[Aulia, Eza]]>
<![CDATA[ Justitia et Pax Vol. 39 No. 2 (2023): Justitia et Pax Volume 39 Nomor 2 Tahun 2023 ]]>
Publisher : <![CDATA[Penerbit Universitas Atma Jaya Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24002/jep.v39i2.7450
<![CDATA[The existence of local political party wing organisations in Aceh has not yet received legal legitimacy. This creates legal uncertainty and injustice for local political parties in balancing national political parties so that special rules regarding local political party wing organisations must receive attention from the government. Further review through normative juridical studies by analysing aspects of legal certainty of the rights of local political parties in Aceh in the formation of party wing organisations and their driving factors. The formation of local political party wing organisations in Aceh in terms of statutory rules there is a legal vacuum, namely a situation where there are things that have not been regulated by law. This is in accordance with the adage het recht hink achter de feiten aan, i.e. the law always lags behind reality. Of course, this results in the absence of legal certainty for local political parties regarding the right to establish local political party wing organisations. The driving factor in the formation of local political party wing organisations in Aceh is the urgent need for local political parties to balance national political parties in facing unequal or unbalanced conditions in terms of external support in the form of political machines outside the party.]]>
<![CDATA[IMPLEMENTASI PRINSIP KONSEP RESTORATIVE JUSTICE PADA PELAKSANAAN DIVERSI (STUDI KASUS DI D. I. YOGYAKARTA) ]]>
<![CDATA[Nur Anisah, Laili]]>;
<![CDATA[Hastarini, Arvita]]>
<![CDATA[ Justitia et Pax Vol. 39 No. 2 (2023): Justitia et Pax Volume 39 Nomor 2 Tahun 2023 ]]>
Publisher : <![CDATA[Penerbit Universitas Atma Jaya Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24002/jep.v39i2.7499
<![CDATA[The concept of restorative justice is the basis for implementing diversion in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Diversion is presented to prevent children in conflict with the law from the bad excesses of the criminal justice system and return the condition of children, victims and communities to the state they were in before the crime occurred. However, based on data from the Indonesian Child Protection Commission (KPAI), criminal acts committed by children continue to increase every year. This research aims to see whether the concept of restorative justice is achieved or not in the implementation of diversion. The problem studied is whether the implementation of diversion is by the principles of restorative justice seen from the cases studied. If it is not by the principles of restorative justice, are there other alternatives so that the principles of restorative justice are fulfilled? The research used an empirical approach by examining 7 cases of child diversion spread across the Yogyakarta City Police and Sleman Police. Cases were analyzed using 3 principles and 4 values of restorative justice coined by Van Ness and Strong. The results of this research concluded that 5 out of 7 cases did not meet the criteria for the restorative justice concept, the rest did. Other methods are needed that can facilitate the implementation of the principles of restorative justice, namely the approach of the perpetrator's family to the victim's family before implementing diversion, the influence of the victim's parents in the diversion process, and mutually agreed compensation.]]>
<![CDATA[PENERAPAN JARINGAN SENSOR UNTUK MEMINIMALISIR KRIMINALITAS DI KABUPATEN KUBU RAYA: PERSPEKTIF HUKUM PIDANA ]]>
<![CDATA[Astono, Agustinus]]>;
<![CDATA[Muyassar, Ya' Rakha]]>
<![CDATA[ Justitia et Pax Vol. 40 No. 1 (2024): Justitia et Pax Volume 40 Nomor 1 Tahun 2024 ]]>
Publisher : <![CDATA[Penerbit Universitas Atma Jaya Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24002/jep.v40i1.7855
<![CDATA[This research is urgent to maintain public order and security in Kubu Raya Regency, one of the areas with the highest crime rate in West Kalimantan. According to Aipda Ade, Kasubbag Penmas Polres Kubu Raya, frequent crimes in 2023 include motorcycle theft, grand theft, and theft with violence. Therefore, effective measures are needed to overcome this recurring crime problem. The research problem formulated is why the application of sensor networks is needed to minimize crime in Kubu Raya Regency. This research uses a normative legal method with a statutory approach, analyzing community behavior and prevailing norms. Data were collected from primary and secondary legal materials, including laws and official documents from the Kubu Raya Regional Government and Kubu Raya District Police. The conclusion of this research is that sensor networks can detect suspicious movements or activities, such as the movement of unknown individuals or vehicles. With real-time information provided by sensor networks, security forces can respond to criminal activity quickly and appropriately. The application of sensor networks is an innovative and effective solution to overcome security problems in Kubu Raya Regency. This system is expected to reduce the crime rate and increase the sense of security and comfort for the community in their daily activities.]]>
<![CDATA[ANALISIS PENGATURAN SUBSTANSI KEWENANGAN ISTIMEWA DALAM PERATURAN DAERAH ISTIMEWA DAERAH ISTIMEWA YOGYAKARTA ]]>
<![CDATA[Maheswara, Giovanni Battista]]>;
<![CDATA[Rauta, Umbu]]>;
<![CDATA[Margaretha, Lagasakti Parwati]]>
<![CDATA[ Justitia et Pax Vol. 40 No. 1 (2024): Justitia et Pax Volume 40 Nomor 1 Tahun 2024 ]]>
Publisher : <![CDATA[Penerbit Universitas Atma Jaya Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24002/jep.v40i1.7879
<![CDATA[The Special Region of Yogyakarta is one of the provinces in Indonesia that has a privileged status so that it has a certain authority in running its government. This authority is affirmed in Article 7 paragraph (2) of the Law of the Republic of Indonesia Number 13 of 2012 concerning the Privileges of the Special Region of Yogyakarta which includes matters such as procedures for filling out the positions, positions, duties, and authorities of the Governor and Deputy Governor; DIY Regional Government Institutions; Culture; Land; and Layout. These five powers are then directly implemented into the Special Regional Regulation. The problem of this research is how is the substance of the Special Authority of DIY which is regulated by the Perdais? And whether of the 5 kinds of special authority mentioned in Article 7 paragraph (2) of the Law of the Republic of Indonesia Number 13 of 2012 concerning the Privileges of the Special Region of Yogyakarta there are only 5 Special Regional Regulation or can it be reduced to more than 5 Special Regional Regulation?. The research method that will be carried out is a normative study, namely research that focuses on positive legal norms and laws and regulations. The approach method used is the history of law; sociology of law and legal politics.]]>
<![CDATA[MODUS OPERANDI PELAKU ILLEGAL FISHING YANG BERDIMENSI TRANSNASIONAL DI INDONESIA ]]>
<![CDATA[I Wayan Budha Yasa]]>
<![CDATA[ Justitia et Pax Vol. 39 No. 2 (2023): Justitia et Pax Volume 39 Nomor 2 Tahun 2023 ]]>
Publisher : <![CDATA[Penerbit Universitas Atma Jaya Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[This research was conducted with the aim to understand the transnational dimension of illegal fishing cases in Indonesia. This study aims to determine the modus operandi in cases of illegal fishing with a transnational dimension. This discussion is based on issues related to illegal fishing with a transnational dimension. This research is normative legal research by prioritizing a case approach. The data used in this study consisted of primary legal material and secondary legal material. The results of this study were analyzed qualitatively and presented descriptively. The results showed that the modus operandi used to carry out illegal fishing that can be known in the case of illegal fishing with a transnational dimension in this study, namely: (1) illegal fishing actors install ‘rumpon’ illegally in Indonesian fisheries management areas; (2) the perpetrator fishes in the Indonesian fisheries management area illegally or does not have a Fishing Business License and Fishing License from the Government of the Republic of Indonesia; and (3) perpetrators carry out illegal fishing by involving other actors who have their own roles. This can be seen from the presence of auxiliary vessels that support fishing efforts; (4) the perpetrator raised the flag of a country to deceive law enforcement officials; (5) vessels captained by perpetrators use trawl nets in fishing; and (6) use foreign skippers and crew.]]>
