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INDONESIA
Justitia et Pax
Published by Universitas Atma Jaya Yogyakarta
ISSN : 08521883     EISSN : 25413007     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : -
Articles 296 Documents
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PENEGAKAN HUKUM TERHADAP PENGGUNAAN SEMPADAN PANTAI WURING DAN DAMPAKNYA BAGI LINGKUNGAN HIDUP DI KABUPATEN SIKKA Maran, Mary Grace Megumi
Justitia et Pax Vol. 40 No. 2 (2024): Justitia et Pax Volume 40 Nomor 2 Tahun 2024
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v40i2.8267

Abstract

The coastal strip is one of the elements regulated in the regulation of spatial planning. The coastal strip is also a protected area of local protection type. However, there are still many people who do not pay attention and comply with the status of the coastal boundary area and the regulations governing the coastal boundary. One of them is done by the people of Kampung Wuring because they have used the coastal boundary for settlements. Therefore, this research discusses how the regulation of the coastal boundary in the Regional Regulation of the RTRW of Sikka Regency, how law enforcement against the use of the Wuring coastal boundary in Sikka Regency, and what environmental impacts are caused by the use of the Wuring coastal boundary in Sikka Regency. This research is a type of empirical legal research with qualitative data analysis method. The conclusion of this research is that Wuring Village is one of the locations designated as a coastal border area of Sikka Regency based on the Regional Regulation of Sikka Regency RTRW. However, in its implementation, the use of the Wuring coastal boundary is more focussed on residential activities. The Wuring coastal boundary follows the national legal regulation of 100 metres from the highest tide point inland. The area has been filled with houses, and the houses even protrude further into the sea. It is also known that the law enforcement implemented by the local government on the use of the Wuring coastal boundary is in the form of building restrictions. The use of the Wuring coastal boundary also causes impacts on the environment consisting of robb flooding, abrasion, pollution due to waste, pollution due to garbage, mangroves are decreasing, and coral reefs are damaged.
METODE PERUMUSAN TITEL PARTIJ ACTA DALAM AKTA NOTARIIL DITINJAU DARI KUHPERDATA DAN UNDANG-UNDANG JABATAN NOTARIS Yonatan, I Gusti Nyoman
Justitia et Pax Vol. 40 No. 1 (2024): Justitia et Pax Volume 40 Nomor 1 Tahun 2024
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v40i1.8290

Abstract

The Civil Code regulates that types of agreements based on their contents are divided into unnamed agreements and named agreements. The form of an agreement which is written in the form of a notarial deed must be in accordance with the Law on the Position of Notaries. The Civil Code and the Law on Notary Positions do not regulate the method of formulating partij acta notarial titles, thus giving rise to legal uncertainty. The purpose of this research is to find out and examine the correct way to formulate partij acta title formulations and the legal consequences for the strength of the evidence of notarial deeds where the formulation of partij acta title formulations does not match the contents of the deed. This type of research is normative legal research with a conceptual approach and a case approach. The conclusion of this research shows that the way to prepare a partij acta title is by writing down the subject of the agreement, the object of the agreement, and/or the type of legal act being agreed upon, and the legal consequences for the evidentiary strength of a notarial deed where the formulation of the title does not match the content of the deed is that the strength of the proof is degraded to private deed. Apart from that, legal acts regulated in the deed may become void or null and void by law.
PERLINDUNGAN HUKUM TERHADAP EKSISTENSI KAIN TENUN SONGKE MANGGARAI SEBAGAI INDIKASI GEOGRAFIS Ngompat, Yohanes Leonardus
Justitia et Pax Vol. 41 No. 1 (2025): Justitia et Pax Volume 41 Nomor 1 Tahun 2025
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v41i1.8369

Abstract

Songke woven fabric is one form of geographical indication as well as a form of local wisdom that has important meaning for the lives of the Manggarai people. Although de facto, songke weaving is an inseparable part of the life of the Manggarai people. However, in reality there are still many violations of the existence of songke weaving itself and harm the rights of weaving activists and the community. Therefore, this research has examined and analyzed the existence of songke woven fabric as a geographical indication and examined and analyzed the legal protection of Manggarai songke woven fabric as a geographical indication. This research is a type of empirical legal research that uses qualitative data analysis methods. Based on the results of the research, it is known that the existence of songke woven fabric in Manggarai is still maintained and preserved by the community. This is indicated by the use of songke cloth both in traditional rites and used in more modern things. Songke woven fabric is also one example of a geographical indication that characterizes the Manggarai region. In addition, based on the results of the research, it is known that the legal protection of the songke woven fabric of Manggarai is still not optimal. This is because in general, songke woven fabric as a geographical indication has indeed been accommodated in the law. However, it is unfortunate that until now there has been no government effort to register or facilitate the community in registering songke weaving as a geographical indication right and there are no local regulations governing the protection of songke weaving. Therefore, to realize optimal legal protection, the Manggarai regional government must be actively involved in registering songke weaving as a geographical indication right.
AKIBAT HUKUM PEREDARAN MAKANAN DAN MINUMAN OLAHAN ILEGAL DALAM PERSPEKTIF PERLINDUNGAN KONSUMEN Wahyudi; Aisyah Dinda Dwitami
Justitia et Pax Vol. 41 No. 1 (2025): Justitia et Pax Volume 41 Nomor 1 Tahun 2025
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v41i1.8385

Abstract

This study was conducted with the aim of determining the legal consequences of illegal circulation of processed food and beverages from the point of view of consumer protection. Processed foods and beverages are widely circulated in modern and traditional market environments, but there are still these products in circulation that do not have a distribution permit. Because the circulation of processed food and beverages does not go through the procedure stage to obtain a distribution permit so that consumers can be harmed. This research was conducted by descriptive analysis using normative juridical approach methods and qualitative juridical data analysis to achieve legal certainty with laws and regulations so that existing provisions do not conflict with each other. The results of this study show that the tendency of the public as consumers of processed food and beverage products, both domestic production and imported products, does not pay attention to the distribution permit from BPOM, so that the product is still widely circulated in traditional and modern markets. The circulation of these products is contrary to BPOM Regulation Number 27 of 2017 concerning Processed Food Registration. As a result of the illegal circulation of processed food and beverages, consumers are not protected from all forms of contents and packaging of the product and consumers risk being harmed if the product is not in accordance with what is stated on the packaging. Legal remedies against aggrieved consumers based on consumer protection laws can file a lawsuit through the Consumer Dispute Resolution Agency.
JUDICIAL PARDON: ANTARA ABUSE OF PARDON POWER DAN PEMBAHARUAN HUKUM PIDANA Jayusman, Dandi; Gusnawati, Dita; Fathi, Muhammad
Justitia et Pax Vol. 40 No. 2 (2024): Justitia et Pax Volume 40 Nomor 2 Tahun 2024
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v40i2.8574

Abstract

After 78 years of being subject to the Dutch legal legacy of Wetboek van Strafrecht (WvS), on December 6, 2022, Indonesia officially separated itself from Law Number 1 of 1946. Article 51 of Law Number 1 of 2023 contains the new concept of judicial pardon, a new addition to Indonesian criminal law. This study aims to analyse the formulation of the concept of judicial pardon in Law Number 1 of 2023 on the Criminal Code (KUHP) and examine indications of abuse of power by judges in the formulation of judicial pardon. This study employs a juridical-normative research method, which involves a legal review of the Law Number 1 of 2023, a conceptual approach to analyse the objectives and direction of policy, and a comparative approach to examine the formulation of judicial pardon in various countries. The study utilizes secondary data or library research. Based on the conducted discussion, it is evident that the concept of judicial pardon has been in existence for a considerable amount of time and has been implemented in various countries. We should guide Indonesia's adoption of the judicial pardon concept by studying its formulation in various other countries. Law Number 1 of 2023 formulation of the concept of judicial pardon is still considered incomplete, ambiguous, multi-interpretable, and susceptible to legal abuse. As a result, the concept of judicial pardon can potentially be misused by judges who have personal interests, resulting in abuse of pardon power, particularly in corruption cases.
Author Index Volume 39 Nomor 2 Desember 2023 et Pax, Justitia
Justitia et Pax Vol. 39 No. 2 (2023): Justitia et Pax Volume 39 Nomor 2 Tahun 2023
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v39i2.8928

Abstract

Author Index Volume 39 Nomor 2 Desember 2023
Subject Index Volume 39 Nomor 2 Desember 2023 et Pax, Justitia
Justitia et Pax Vol. 39 No. 2 (2023): Justitia et Pax Volume 39 Nomor 2 Tahun 2023
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v39i2.8929

Abstract

Subject Index Volume 39 Nomor 2 Desember 2023
PENERAPAN ASAS KEADILAN DALAM PROSES PENYELESAIAN HAK ATAS TANAH UNTUK KEGIATAN PERTAMBANGAN Nakamnanu, Manuel Defender
Justitia et Pax Vol. 41 No. 1 (2025): Justitia et Pax Volume 41 Nomor 1 Tahun 2025
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v41i1.9211

Abstract

Mining activities are one of the fields that provide a large contribution to state revenue through investment in the mining sector. To increase investment in mining, the government has changed several times the legal policies relating to the implementation of mining activities in Indonesia. Starting from centralized laws through Law Number 11 of 1967 concerning Basic Mining Provisions, which was later revoked by Law Number 4 of 2009 which gave more roles to local governments related to the granting of mining licenses, and further amended by Law Number 3 of 2020 which again adhered to a centralized system in granting mining licenses. Talking about mining activities, things that need to be seen are also related to the settlement of land rights for mining interests. In the three rules above, it implicitly regulates the settlement of land rights for mining interests, but none of the three rules guarantee and provide legal protection and a sense of justice for land rights voters. This is illustrated by the weak position of land rights holders in the process of resolving land rights. In this paper the author takes the formulation of the problem, namely whether the principle of justice has been applied in the process of resolving land rights between land rights holders and IUP holders. Also the method used in this research is based on library research. The results of this study indicate that the principle of justice has not been applied in the process of implementing land rights settlements.
JUDICIAL REVIEW OF CONSTITUTIONAL COURT DECISION NO. 90/PUU-XXI/2023 CONCERNING AGE LIMITS FOR PRESIDENTIAL AND VICE-PRESIDENTIAL CANDIDATES M. Faqih Firdaus; Slamet Riyanto
Justitia et Pax Vol. 41 No. 1 (2025): Justitia et Pax Volume 41 Nomor 1 Tahun 2025
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v41i1.9553

Abstract

The Constitutional Court is an organization of legal power which, in view of the constitution, has a legal capability to maintain regulation and equity. Regulation Number 24 of 2003 makes sense of that the obligations and elements of the Constitutional Court are to deal with established matters in regards to specific protected matters to shield the constitution so it is carried out dependably as per the desire of individuals and majority rule beliefs. In protecting the constitution, obviously, sacred appointed authorities are required who have information and skill in state organization as well as a promise to executing and managing state life as per the passages of the constitution, so every choice gave by the Constitutional Court is a legitimate item that doesn't go external the passageways of the constitution, so the actual constitution is naturally kept up with. This examination is spurred by the significant job of the Constitutional Court in giving over choices since it is as per Article 10 of Regulation No. 24 of 2003 concerning the Constitutional Court, the choice of the Constitutional Court is conclusive and has restricting legitimate power. The overall population, state directors, and all parts of the country trust that the Constitutional Court judges will really complete their capabilities, obligations and commands as per the Constitution, so through Constitutional Appointed authorities who have a statesmanlike soul, the Constitutional Court can create choices that can give a feeling of equity. in the midst of society. Keywords: Equity, Judge's Choice, Constitutional Court.
KETIDAKJELASAN BATAS KERUGIAN DARI TINDAK PIDANA PENGHINAAN Prahassacitta, Vidya; Candra, Livia Vanessa
Justitia et Pax Vol. 40 No. 2 (2024): Justitia et Pax Volume 40 Nomor 2 Tahun 2024
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v40i2.9665

Abstract

The research aims to analyze the harm limits of defamation offenses that shall be criminalized. The research analyzes four court decisions. In those court decisions, the defendants are punished with mild punishment (under 1 year imprisonment) using Article 27 (3) Jo. 45 (3) Information and Electronic Transaction Act, and all of victims are ordinary citizen not a public official or public figure. The research is doctrinal legal research using secondary data from literature study. Research result shows it requires a clear danger of speech to criminalize defamation behavior. Harm cannot only be measured with debate and discussion that have become a trending topic in social media, but it also requires a clear danger of the speech against the victim in society. For instance, when society ostracizes the victim, they lose jobs, opportunities, and financial benefits, and they experience mental disorders. Analyzing court decisions shows that most of the judges’ ignorance the impact of the defendant's speech on the victim’s private and social lives. In the end, unclear harm limitations and the seriousness level of harm in a defamation offense create uncertainty in defamation cases. 

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