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Varia Justicia
Published by Universitas Muhammadiyah Magelang
ISSN : 19073216     EISSN : 25795198     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Varia Justicia (ISSN 2579-5198) is a peer-reviewed Journal of Legal Studies developed by the Faculty of Law, Universitas Muhammadiyah Magelang. This journal publishes biannually (March and October). The scopes of Varia Justicia, but not limited to, are: Constitutional Law, Criminal Law, Civil Law, Islamic Law, Environmental Law, Human Rights, International Law, and also interconnection study with Legal Studies. Varia Justicia has been indexed by Google Scholar, Directory of Open Access Journal (DOAJ), Sinta, IPI, Worldcat and others.
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Articles 165 Documents
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Legal Arrangement for Household Workers: A Case Study of Plasma Fake Eyelashes Industry in Labor Law Perspective Susilo Wardani; Ari Hernawan
Varia Justicia Vol 17 No 1 (2021): Vol 17 No 1 (2021)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v17i1.3849

Abstract

This study analyzes legal protection for domestic workers in the plasma fake eyelashes industry in Kabupaten Purbalingga from a labor law perspective. The method used in this study is juridical empirical. The data used in this study consisted of primary data, secondary data. Primary data were obtained from a field study conducted in Bojongsari District and the plasma fake eyelashes industry in Purbalingga Regency. Secondary data is obtained from primary legal materials in the form of laws and regulations relevant to the topic under study. According to the employment law, the research result shows that the legal protection of homeworkers in the Plasma hair industry in Purbalingga faced a significant challenge. Although it is covered in law 13 of 2003, it does not accept the right and protection as stipulated in the law on wages, employment contracts, freedom of Union and assembly, working hours, occupational safety and health, and social security. With these issues, home workers are very vulnerable and hold poor positions; therefore, particular actions are needed to encourage the protection and fulfillment of their fundamental rights. Strategic policies need to be carried out that recognizes the existence of home workers. These policies need to be incorporated into national statistical data and legislation as an affirmative step taken by the Indonesian Government. Furthermore, the Government needs to develop home worker protection policies that include their fundamental rights. The Government needs to establish a mandatory minimum health and worker protection scheme not to be a burden
Law Enforcement Reform on Covid 19 Pandemic: a Necessity or an Innovation? Andri Winjaya Laksana
Varia Justicia Vol 16 No 2 (2020): Vol 16 No 2 (2020)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v16i2.3903

Abstract

This study aims to identify the urgency and the form of law enforcement reform in the Covid 19 pandemic era. The approach method used is juridical normative. The type of data used in this research is secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The result shows that law enforcement reform in the Covid 19 pandemic era took online trials of courts. Based on the value of justice to achieve legal certainty manifested in online trials, legal certainty in online trials in achieving justice values in criminal cases is legal. The criminal justice system reviews it since the investigation, prosecution, trial, and execution. Some legal actions can be seen from 3 (three) things: position, authority, and procedure as parameters of the action or legal action carried out at each process level case.
Problematic Arrangements for Termination of Employment in the Job Creation Law Gilang Ramadhan; Amalia Diamantina
Varia Justicia Vol 16 No 2 (2020): Vol 16 No 2 (2020)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v16i2.3932

Abstract

This study aims to identify the value of Pancasila justice related to labor in the Job Creation Law. The method used in this research is a normative juridical method through a statutory and conceptual approach. The legal materials used are the 1945 Constitution and Law Number 13 of 2003 concerning Labor (Labor Law) compared to the Omnibus Law, which also regulates Labor. The results showed that the issuance of the Job Creation Law caused many losses for workers/laborers in providing wages, eliminating the right to wages, severance pay, compensation for rights, and compensation for workers/laborers. In addition, there is a lost right in suing an employer if a worker does not receive a layoff because of serious mistakes. Finally, employers who do not include pension workers in the pension program cannot be prosecuted. Amendments to the Job Creation Law must be made considering that laws must be made based on Pancasila justice. In current conditions, workers' rights are being erased so that the Job Creation Law is considered to only favor employers.
Concept & Application of Baiʻ al-Īnah in Islamic Banking in Indonesia and Malaysia Istianah ZA
Varia Justicia Vol 16 No 2 (2020): Vol 16 No 2 (2020)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v16i2.4164

Abstract

Baiʻ al-īnah is the process of buying and selling carried out by the seller to the buyer on a direct or credit basis, which then the goods are resold by the buyer to the original seller at a price lower than the previous purchasing price. This research is normative (doctrinal) research, with a regulative (statute approach) and conceptual approaches, emphasizing the use of secondary data in the form of primary, secondary, and tertiary legal materials. The result shows that: First, the scholars had different opinions on baiʻ al-īnah. Abu Hanifah forbade baiʻ al-īnah from the legally binding sale, and the purchase was illegal. Hence the second sale and purchase were also illegal. Besides, Imam Malik and Ahmad ibn Hanbal also prohibited baiʻ al-īnah because they both adhered to the arguments of sadd aż-żrīʻah, where baiʻ al-īnah contained elements of usury, manipulation to justify baiʻ al-īnah interest. In contrast, Imam al-Syafi'i allowed baiʻ al-īnah because buying and selling were halal (legal), and based on qiyas, the buying and selling model was in line with the law of buying and selling according to the Al-Qur'an. However, al-Syafi'i also prohibited baiʻ al-īnah if any hilah/manipulations occur. Second, Indonesia prohibits baiʻ al-īnah to be applied in Islamic Financial Institutions (LKS), except for one type of baiʻ al-īnah in an emergency case, the for transferring customer debts from Conventional Financial Institutions (LKK) to LKS. Meanwhile, in Malaysia, baiʻ al-īnah can be applied to Islamic financial institutions because Malaysia refers to the opinion of Imam al-Syafi'i. Despite that, Malaysia continuously evaluates the program and regulates baiʻ al-īnah to be applied cautiously. Baiʻ al-īnah in Malaysia is practiced in several Islamic products, including Islamic credit card financing, home financing, gold transactions,etc.
ICC’s Involvement in Darfur Conflict: Possibility and Prospect Yordan Gunawan; Ayu Mega Rakhmawati; Salma Rahmi Pratiwi; Ayu Nopiyaranie; Fatimah Nuraini
Varia Justicia Vol 17 No 1 (2021): Vol 17 No 1 (2021)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v17i1.4254

Abstract

The fall of President Al-Bashir in 2019 was a turning point in the Darfur conflict that happened for more than 17 years in Sudan. The conflict has forced 2.5 million people away from homes and killed at least 500,000 people. The humanitarian conflict and crisis are motivated by the inter-ethnic conflict in Sudan. With orders from the U.N. Security Council, on March 4, 2009, at The Hague, the International Criminal Court (ICC) issued an arrest warrant for President of Sudan, Omar Hassan Al-Bashir, on charges of war crimes and crimes against humanity in Darfur. The purposes of the study are to understand the factors behind the Darfur conflict, to understand how effective the Sudanese national judicial system is, and the jurisdiction of ICC in resolving Darfur conflict. The study is normative legal research through literature review with the existing books and journals. Two approaches of normative legal research were used, namely statutory approach and case approach. The result shows that Sudan National Court is ineffective in resolving the conflict and has no willingness to settle the conflict. Furthermore, ICC has jurisdiction to settle the Darfur conflict by order of United Nation Security.
The Complexity of Determining Indicative Evidence in The Rape Criminal Act Ni Putu Rai Yuliartini; Wita Setyaningrum; Dewa Gede Sudika Mangku
Varia Justicia Vol 17 No 1 (2021): Vol 17 No 1 (2021)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v17i1.4368

Abstract

The rise of rape cases in Indonesia has resulted in social unrest, especially among women and children. Sometimes, judges have difficulty determining indicative evidence of rape cases. This study aims to analyze the strength of the evidence as consideration for judges in the criminal case of rape. This research is normative legal research. The data used in this research is secondary data obtained through a literature study and analyzed juridically normative based on a statutory and conceptual approach. The legal materials used in this research are primary and secondary legal materials. The study results show that rape is the most difficult crime to prove, considering that this kind of crime is often committed in places where it is difficult to find witnesses. Judges experience difficulties in concretely explaining evidence. Even in court practice often experience difficulties in applying it. These difficulties can then have implications for the decision that the judge will release because the decision is dominated by the judge's verdict, which may be excessive. Indicative evidence is the only indirect evidence among other evidence formulated in Article 184 of the Criminal Procedure Code.
Law, Politics, and Women: How were 'Aisyiyah's Cadres Involved in the Party? Anom Wahyu Asmorojati; Fauzan Muhammadi
Varia Justicia Vol 17 No 1 (2021): Vol 17 No 1 (2021)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v17i1.4573

Abstract

The law has regulated the quota of women candidates for legislative members of at least 30%. This regulation has encouraged all political parties to seek female members. However, women who have the capacities and capabilities as members of the legislature are difficult to find. One possible reason is their low participation in political education in religious, social organizations, such as' Aisyiyah. This study aimed to analyze the cadre system of women's political education of 'Aisyiyah in the Partai Amanat Nasional (PAN). This research is a normative, empirical legal research with a qualitative phenomenological approach. The informants of this research were 'Aisyiyah cadres or activists who were PAN and the Legislature members. The results showed that the cadre system of women's political education in 'Aisyiyah was carried out naturally through a public leadership capacity-building program. The involvement of 'Aisyiyah women in PAN was not merely practical politics, but it was carried out for the sake of upholding the law in Indonesia. Therefore, they were not affiliated with one particular political party but spread to various political parties in Indonesia. Thus, the involvement of 'Aisyiyah women in PAN was not merely a political movement but a legal movement and da'wah of amar ma'ruf nahi munkar (enjoining the good and avoiding the bad).
Customary Law Existency in The Modernization of Criminal Law in Indonesia Tolkah Tolkah
Varia Justicia Vol 17 No 1 (2021): Vol 17 No 1 (2021)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v17i1.5024

Abstract

Customary law is defined as assets owned by the Indonesian nation and developing in society. However, the existence of customary laws is often questioned to what extent these laws can be applied. In several criminal law cases in Indonesia, several regions still use the customary law system as an alternative to decisions because its role in law enforcement is quite dominant. This study aims to identify the existence of customary law as a modernization of criminal law in Indonesia. This study used a descriptive analytic method with a normative and empirical juridical approach. The data used are secondary data and primary data. The results show that the customary law can be used as a basis of law for developing new criminal laws that are acceptable to the society. Indonesian customary criminal law, which is divided into numerous customary law units, represents the Indonesian nation's original culture, which was once governed by Islamic law. Customary law is very relevant as a consideration for Indonesian criminal law reform, especially in the formulation of the Criminal Code (KUHP).
Regional Head of Performance Accountability in Local Government Law from The New Order to The Reform Era Agus Budi Santoso
Varia Justicia Vol 17 No 1 (2021): Vol 17 No 1 (2021)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v17i1.5035

Abstract

The accountability of regional heads is one of the benchmarks for the success of development and regional autonomy. This study aims to analyze the accountability of regional heads in each law. The research method used is a normative juridical method with a statutory approach based on a study of statutory regulations related to this research topic. The results showed that the accountability of regional heads in Law Number 5 of 1974 is not regulated. However, the characteristics of the new post-reform decentralization order by a centralized government were marked by the enactment of Law Number 22 the Year 1999. The DPR elects regional heads based on accountability. In addition, regional heads can be dismissed by the DPR if their accountability report (LPJ) is rejected, which in turn creates political instability. It is also due to the absence of a parallel position between the regional head and the DPRD.
Overview of Patent Protection in Public Services Towards Smart City: Case Study in Yogyakarta Budi Agus Riswandi; Chrisna Bagus Edhita Praja
Varia Justicia Vol 17 No 1 (2021): Vol 17 No 1 (2021)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v17i1.5174

Abstract

In Indonesia, the smart city idea strives to improve public services by combining a variety of components like as governance, economy, quality of life, environment, human resources, and transportation. These developments are mirrored in public service applications such as population administration, e-mobile ID cards, non-cash parking retribution, and smart retribution. However, such applications acquire no special protection. The purpose of this study is to define patent protection as an instrument for directing the development of public services toward becoming a smart city in Yogyakarta, Indonesia . This study employs a method of normative juridical legal research in conjunction with qualitative descriptive data analysis. The findings indicate that while the city of Yogyakarta develops android-based public service applications as a method of transforming public services, this innovation lacks legal protection as a means of controlling the application. Patent instruments can be utilized to protect android-based public service applications through the implementation of the Patent Law. The use of this Patent Law has had no effect on efforts to reproduce the Android-based public service application in other domains.

Page 13 of 17 | Total Record : 165

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