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.
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296 Documents
<![CDATA[Subject Index Volume 37 Nomor 1 Juni 2021 ]]>
<![CDATA[Editor, Managing]]>
<![CDATA[ Justitia et Pax Vol. 37 No. 1 (2021): Justitia et Pax Volume 37 Nomor 1 Tahun 2021 ]]>
Publisher : <![CDATA[Penerbit Universitas Atma Jaya Yogyakarta ]]>
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<![CDATA[PENYADAPAN DALAM TINDAK PIDANA TERORISME DI INDONESIA DAN FILIPINA DITINJAU DARI PERSPEKTIF HAK ASASI MANUSIA ]]>
<![CDATA[-, Shinta Dewi Kumalasari]]>
<![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 ]]>
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DOI: 10.24002/jep.v39i1.5786
<![CDATA[Terrorism in Indonesia and the Philippines is growing rapidly. Wiretapping is used as a method of investigating terrorists. The purpose of this study is to find out and examine whether wiretapping of terrorism suspects according to the terrorism law is with human rights and the reasons why wiretapping terrorism in Indonesia takes a longer period of time than in the Philippines. Normative research method with statutory approach and comparative law. Sources of data in the form of secondary data consisting of primary legal materials and secondary legal materials. Wiretapping has not been specifically regulated in the law, while in practice it has caused controversy over the wiretapping procedure. Wiretapping is a problem because it violates the privacy rights of citizens. Wiretapping must be carried out in line with human rights principles including technical and licensing so that it can prove that wiretapping is certainly intended to provide protection. Wiretapping in Indonesia takes longer because terrorism networks in Indonesia are not centered on one area, so it takes a relatively long time to conduct wiretapping.]]>
<![CDATA[REVIEWING THE CONSTITUTIONAL RIGHTS ON DEMOCRATIC ELECTION PRACTICES IN INDONESIA AND THE PHILIPPINES ]]>
<![CDATA[Dachi, Janvencius Valerius Nifowa'azaro]]>;
<![CDATA[Shahrullah, Rina Shahriyani]]>;
<![CDATA[Syarief, Elza]]>
<![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 ]]>
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DOI: 10.24002/jep.v39i1.6229
<![CDATA[One form of democracy's embodiment is through general elections. The Philippines and Indonesia are two countries in the Southeast Asian region that are currently still developing their democratic practices through general elections. This study aims to compare how the general elections have been enforced in the two countries to obtain input on the implementation of democracy in Indonesia. The normative legal research design was used in this study, and data collection was carried out through a literature study. The functional comparative approach compares the implementation of general elections in the two countries. The data collected by literature searches were analyzed using a qualitative juridical analysis method. The analysis shows that although the two countries have declared themselves democracies and the general election is the form of their implementation in the constitution, general elections have been used to perpetuate power in both countries. The two countries have differences in implementing general elections due to historical differences and national problems. The most distinguishing matter that can be learned is how the Philippines implemented the general election through the existence of a plebiscite that makes the people more involved in the state process. In addition, information technology in the Philippines' general election has also made the process of conducting the general elections effective and efficient. This study is still limited to analyzing general elections at the national level, especially the presidential and vice-presidential elections. Further research on the general elections of legislature members and regional heads can add to our understanding of the comparative implementation of the two countries.]]>
<![CDATA[REFORMULASI PENETRATION STRESS TEST SEBAGAI PERLINDUNGAN HUKUM DATA PRIBADI KONSUMEN DI ERA BISNIS DIGITAL ]]>
<![CDATA[Parvez, Abel]]>;
<![CDATA[Superani, Andi Vallian]]>;
<![CDATA[Anta Maulana, Muhammad Hasyim]]>
<![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 ]]>
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DOI: 10.24002/jep.v39i1.6358
<![CDATA[This research focus on consumer personal data protection as a part of invention from privacy right in digital era. The high number of consumer personal data utilization by electronic system operator not accompanied with decent penetration stress test (PST) regulation. The purpose of this research is to give solution to clear personal data protection problem through PST testing method. The method that used by this research is normative research through statutory approach and conceptual approach. The result from this research concludes that there are still many problematic PST regulation. The problem can be seen from personal data protection that shattered in 30 statutory from different sector with no one arrange PST comprehensively. This dispute culminates to emergence dissimilarity definition, overlapping authority between receiver of System Management Security Information certification annual report, and PST operator polemic. As the result, it causes rampant of personal data breach that inflict consumer by matter, along with specific data exploitation that lead to sluggish business and economic country. Therefore, PST testing reformulation is needed as prevention step to protect consumer personal data in digital business era.]]>
<![CDATA[PENGUATAN NORMA SYARAT DISPENSASI KAWIN DALAM UPAYA PENCEGAHAN PERKAWINAN ANAK BERDASARKAN PERSPEKTIF TEORI TUJUAN HUKUM ]]>
<![CDATA[Sulistyarini]]>
<![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 ]]>
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DOI: 10.24002/jep.v39i1.6580
<![CDATA[Marriage dispensation is a form of exception to marriages performed below the minimum age limit stipulated by law, which is 19 years. This arrangement results in the stipulation of the minimum age limit for marriage being deviated, exacerbated by the ambiguity of the norms of requirements in the application for a marriage dispensation, resulting in applications for a marriage dispensation that are often granted without being based on urgent reasons that show the urgency of the implementation of marriage for children who have not reached the age limit for marriage. This paper will examine strengthening the norms of marriage dispensation requirements as an effort to prevent child marriage by using the theory of legal purposes. This research is a normative legal research using statutory and case approaches. The results of this research conclude that the normative requirements contained in the provisions of Article 7 Paragraph (2) of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage are not accompanied by clear boundaries as standardization for judges in deciding requests for dispensation married for various reasons, resulting in judges interpreting the meaning of the article broadly so that the granting of a marriage dispensation request is highly dependent on the subjectivity of judges. This reduces the spirit of preventing child marriage and does not manifest the values of justice, benefit, and legal certainty.]]>
<![CDATA[TINJAUAN KRIMINOLOGIS TERHADAP TINDAK PIDANA PENCURIAN KERBAU DI WILAYAH HUKUM KEPOLISIAN RESOR SUMBA BARAT ]]>
<![CDATA[Bole, Lowa]]>;
<![CDATA[Sogara, Yohanes Umbu]]>;
<![CDATA[Samara, Finsensius]]>;
<![CDATA[Rade, Stefanus Don]]>
<![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 ]]>
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DOI: 10.24002/jep.v39i1.6758
<![CDATA[The law can contribute maximally to the implementation of legal development if law enforcement officials and all levels of society are subject to and obey legal norms. However, in reality, not all elements of society obey the existing rules. This has led to the emergence of unlawful acts, such as the crime of buffalo theft. The crime of livestock theft is considered one of the criminal acts that are very detrimental as well as disturbing the community with the modus operandi of the perpetrators of buffalo theft in the West Sumba Resort Police Area with the problem of factors that cause the crime of buffalo theft and its countermeasures. This type of research is empirical legal research, using a sociological approach, namely identifying and conceptualizing law as a real and functional institution in a real-life system, this research was conducted in the West Sumba Resort Police Law Area, East Nusa Tenggara (NTT). Factors that cause the crime of buffalo theft are economic factors, environmental factors, and educational factors. The efforts of the West Sumba Resort Police in tackling the crime of buffalo theft in the West Sumba Resort Police Jurisdiction are through preventive efforts and repressive efforts.]]>
<![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 ]]>
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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 ]]>
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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 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 ]]>
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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 ]]>
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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.]]>
