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[THE EXISTENCE OF LIVING LAW IN CRIMINAL LAW REFORM: EXPANSION OF THE PRINCIPLE OF LEGALITY ]]>
<![CDATA[Dwi Kurniawan, Itok]]>
<![CDATA[ Justitia et Pax Vol. 40 No. 2 (2024): Justitia et Pax Volume 40 Nomor 2 Tahun 2024 ]]>
Publisher : <![CDATA[Penerbit Universitas Atma Jaya Yogyakarta ]]>
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DOI: 10.24002/jep.v40i2.7762
<![CDATA[The implementation of WvSvNI as a rule of criminal law in Indonesia after the proclamation of independence of the Republic of Indonesia automatically enforces the principle of formal legality embedded in it. The principle of formal legality is rigid because it places criminal law as the only basis for punishing someone's actions for an act regulated therein. The principle of formal legality also negates the existence of living law in Indonesian society, which is often known as customary law. Criminal law reform through the ratification of the National Criminal Code seeks to integrate living law as a source of criminal law. This article will discuss issues related to the existence of living law (Adat law) in the renewal of national criminal law. The method used in this legal research is a normative legal research method with a statutory approach. The results of this study indicate that the inclusion of living legal provisions (Adat law) into criminal law is an effective effort to achieve comprehensive justice for the Indonesian people, the actual form of which is to protect society (especially victims) from actions that are detrimental to themselves. Society is protected from not only mala prohibita acts but also extraordinary criminal acts, one of which is customary crime.]]>
<![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 ]]>
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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 ]]>
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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[PEMBAHARUAN PERATURAN DAERAH PASCA BERLAKU UNDANG-UNDANG DESA TAHUN 2014 DALAM MENJAGA EKSISTENSI NEGERI DI KABUPATEN MALUKU TENGAH: Indonesia ]]>
<![CDATA[Pattinasarany, Yohanes]]>;
<![CDATA[Lainsamputty, Natanel]]>;
<![CDATA[Pattipawae, Dezonda Rosiana]]>
<![CDATA[ Justitia et Pax Vol. 40 No. 2 (2024): Justitia et Pax Volume 40 Nomor 2 Tahun 2024 ]]>
Publisher : <![CDATA[Penerbit Universitas Atma Jaya Yogyakarta ]]>
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DOI: 10.24002/jep.v40i2.8120
<![CDATA[Law No. 6 of 2014 stipulates 2 (two) types of villages, namely villages and customary villages. Negeri is one form of customary village in Central Maluku Regency. Law No. 6 of 2014 requires the district/city government including the Central Maluku Regency government to determine customary villages. The determination of customary villages is carried out after the arrangement of customary law community units has been carried out. However, for almost 9 (nine) years since the enactment of Law No. 6 of 2014, the Central Maluku Regency Government has not taken any legal legitimizing action regarding the existence of negeri as a form of customary village. For this reason, the problem that will be studied in this writing is what are the legal implications for the existence of negeri after the enactment of Law No. 6 of 2014. The type of research chosen in studying the substance of this research is normative legal research, with the approach of Law No. 6 of 2014 and implementing regulations as the basis for the study in answering the renewal of Regional Regulations in maintaining the existence of Negeri in Central Maluku Regency. This study shows that the legal implications for the existence of the country after the enactment of Law No. 6 of 2014 are that the Central Maluku Regency Government must legitimize the existence of the country as a form of traditional village through the arrangement of customary law community units and designated as a country. The arrangement of customary law community units is carried out by the customary law community unit arrangement committee formed by the Regent. The identification results are determined by the Regent's decision as the basis for the formation of regional regulations on the determination of the country. In reality, the determination of customary law community units have not been carried out by the local government. This condition causes the existence of the country to have no legal legitimacy. In addition, the Central Maluku Regency Government must also update various regional regulations as the legal basis for the implementation of the country government in Central Maluku Regency.]]>
<![CDATA[PRADUGA TAK BERSALAH DAN PRADUGA BERSALAH DALAM PROSES PENEGAKAN HUKUM PIDANA DI INDONESIA OLEH KEPOLISIAN ]]>
<![CDATA[Nakamnanu, Manuel Defender]]>
<![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.v39i2.8186
<![CDATA[The presumption of innocence is one of the principles that provides legal protection for suspects and defendants in the process of enforcing criminal law, but there is also a view that states that in the investigation process it would be more appropriate to apply the presumption of guilt, therefore in this paper the author will further examine the application of the presumption of innocence and presumption of guilt in the criminal law enforcement process in Indonesia by the Police. To answer these problems, the author uses the research method of library research, namely research that utilizes library sources to obtain data in a study. The method of approach is conceptual (conceptual approach) by studying the principles, theories, doctrines, and principles related to the presumption of innocence and the presumption of innocence, and from the results of the research the author concludes that the presumption of innocence must actually be applied in the examination process at the investigation level.]]>
<![CDATA[PEMBANGUNAN HUKUM PERLINDUNGAN KONSUMEN BERORIENTASI EKOSENTRISME TERKAIT AKTIVITAS GREENWASHING INDUSTRI AMDK ]]>
<![CDATA[Gaol, Heru Saputra Lumban]]>;
<![CDATA[Rini, Wafia Silvi Dhesinta]]>
<![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.v40i1.8214
<![CDATA[Based on a study in the Journal Nature, it is known that 86% of plastic waste in the ocean comes from Asian rivers. Indonesia was reported to be the second highest level country of waste production, producing more than 3 million metric tons of plastic waste every year. Generally, the waste comes from the industrial sector, especially Bottled Drinking Water (AMDK). Starting from collective concern about global environmental issues, comes behavior to encourage sustainable consumption and production. Nowadays, consumers are more inclined to choose eco-friendly products or services. Unfortunately, this consumer awareness is also accompanied by greenwashing conducted by business actors as biased information related to products. This greenwashing practice certainly contradicts consumers' basic rights as stipulated in Article 4 point 3 of the Consumer Protection Law regarding consumer right to get correct, clear, and honest information of goods and/or services. This research examined the framework for developing consumer protection laws that can protect consumers from the negative excesses of greenwashing in the AMDK industry. To analyze the problem, socio-legal research methods which use a legal and social science approach. The research results show that consumers already have environmental awareness of AMDK products and are also willing to buy ecolabel products even if the price is more expensive. To protect these interests, it is necessary to build an ecocentrism-oriented legal development framework that prioritizes the role of both parties in sustainable production and consumption behavior.]]>
<![CDATA[ASAS RES JUDICATA PRO VERITATE HABETUR DALAM PENINJAUAN KEMBALI TERHADAP PUTUSAN LEPAS DARI SEGALA TUNTUTAN HUKUM OLEH JAKSA PENUNTUT UMUM ]]>
<![CDATA[Pinatih, Ngurah Ketut Widhi Aditya]]>
<![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.v40i1.8219
<![CDATA[This paper discusses the implementation of the principle of res judicata pro veritate habetur in the review of acquittal by the Public Prosecutor which examines the procedural law in criminal justice in Indonesia. Judicial review is essentially an extraordinary legal remedy granted as the right of a convicted person or his heirs against a court decision that is considered unfair. However, in its implementation in Indonesia, there are several cases that are considered controversial. Djoko Tjandra (2009) and Hartono (2022) are victims of judicial review by public prosecutors who filed on the basis of authority granted by law, namely Article 263 paragraph (3) of the Criminal Procedure Code, Article 24 of the Judicial Power Act, and Article 30C of the Prosecutor's Office Act. This paper will further examine the application of the principle of res judicata pro veritate habetur in criminal justice to acquittals. The research method used is library research, which is research that uses library sources to obtain data for this research. By using a case approach method that examines legal norms or rules in legal practice related to the principle of res judicata pro veritate habetur with the aim of creating justice and certainty. From the results of the author's research conclude that exceptions to the principle of res judicata pro veritate habetur are only given to convicts or their heirs.]]>
<![CDATA[IMPLEMENTASI ASAS KEBERMANFAATAN DALAM UNDANG-UNDANG NOMOR 19 TAHUN 2013 TENTANG PERLINDUNGAN DAN PEMBERDAYAAN PETANI DI KECAMATAN KUPANG TIMUR ]]>
<![CDATA[Oematan, Naldi Edison]]>
<![CDATA[ Justitia et Pax Vol. 40 No. 2 (2024): Justitia et Pax Volume 40 Nomor 2 Tahun 2024 ]]>
Publisher : <![CDATA[Penerbit Universitas Atma Jaya Yogyakarta ]]>
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DOI: 10.24002/jep.v40i2.8251
<![CDATA[The formulation of Law No. 19 of 2013 on the Protection and Empowerment of Farmers (P3 Law) is equipped with the principle of usefulness, the presence and strength of the norms that are carried are able to support every pulse of the lives of farmers. In accordance with the intention of the formulators of this law to empower and protect farmers, the principles also complement the guidelines in its implementation and the goals envisioned together. This paper uses empirical legal research method which looks at the applicable rules and how they are implemented in society. For the formulation of the problem that is trying to be examined is how the application of the Principle of Benefit in Law Number 13 of 2019 concerning Protection and Empowerment of Farmers and what is the responsibility of the Government in the protection of Farmers from the perspective of Welfare Theory. For the application of the principle of usefulness in the P3 Law, there are still obstacles about how the protection and empowerment of farmers is not optimal and reaches the problems of farmers in farming activities. For the government's responsibility in the protection of farmers is still not optimal where vulnerability in crop failure and farming risks, the vulnerability of farmers in Kupang Regency has not been maximally collected.]]>
<![CDATA[PENDEKATAN DUNIA KETIGA TERHADAP HUKUM INTERNASIONAL: PENGARUH INSTITUSI INTERNASIONAL TERHADAP KEBIJAKAN DI INDONESIA ]]>
<![CDATA[Darma Putra, I Putu Aditya]]>
<![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.v40i1.8252
<![CDATA[This article examines how international institutions, particularly the World Trade Organization (WTO), the International Monetary Fund (IMF), and the World Bank (WB), influence the economic policies of Indonesia, both through loans and rulings issued by these institutions. The analysis employs a Third World Approach to International Law, drawing upon interdisciplinary perspectives to conduct a socio-legal study. The findings reveal that international institutions play a significant role in shaping general principles of international economics and governing global economic relations to facilitate the accommodation of capital from developed countries. As a result, Third World countries, including Indonesia, are compelled to adopt the same laws without considering their level of development.]]>
<![CDATA[PROBLEMATIKA PEMBUKTIAN DALAM TINDAK PIDANA MALPRAKTIK DOKTER DITINJAU DARI UNDANG-UNDANG NOMOR 17 TAHUN 2023 TENTANG KESEHATAN ]]>
<![CDATA[Syarifudin, Syarifudin]]>
<![CDATA[ Justitia et Pax Vol. 40 No. 2 (2024): Justitia et Pax Volume 40 Nomor 2 Tahun 2024 ]]>
Publisher : <![CDATA[Penerbit Universitas Atma Jaya Yogyakarta ]]>
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DOI: 10.24002/jep.v40i2.8262
<![CDATA[The malpractice is still far from the reach of criminal procedure. There are no specific regulations on malpractice and there are problems in proving criminal acts of malpractice so that this article uses the theory of evidence to provide legal certainty to fulfill the elements of error and criminal responsibility. This study uses a normative method to answer this problem so that the statute approach and case approach are used. The results of the study show that the problems in proving criminal acts of malpractice and the difficulty of collecting evidence (unus testis nullus testis) are obstacles to assisting the legal process, the complexity of proof in criminal law which is material and problematic in the legal vacuum space limited to the Criminal Code. Contextually, criminal responsibility for malpractice is not specifically regulated in the Criminal Code or medical malpractice, but after the enactment of Law 17 of 2023 concerning Health, it provides hope in protection and helps victims in seeking justice even though cases reported by victims are often in SP3 (Investigation Termination Order).]]>
