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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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The Legal Framework in Management of Indonesian Special Economic Zones Suparji Achmad
Varia Justicia Vol 17 No 3 (2021): Vol 17 No 3 (2021)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v17i3.6140

Abstract

The purpose this paper is to determine the legal aspects of special economic zones in the development of the national economy for the welfare of the people, increasing competitiveness for the national interest. In addition, this study uses a normative juridical method with a comparative approach and a descriptive qualitative approach. The results of this study indicate that economic management based on Free Trade Zones and Free Ports is not more profitable than the management of Special Economic Zones, because of that there are many views that various free trade legal products are too beneficial for foreign parties and detrimental to domestic interests.
The Importance of Enacting Indonesian Data Protection Law as a Legal Responsibility for Data Leakage Edelweiss Premaulidiani Putri; Aroma Elmina Martha
Varia Justicia Vol 17 No 3 (2021): Vol 17 No 3 (2021)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v17i3.6231

Abstract

The disclosure of digital development and the openness of many online transactions often lead to data leakage. Furthermore, digital development on the one hand, provides benefits to the digital economy and at the same time also led to the new impact or threat to the conventional economy from the aspect of cyber-security vulnerabilities to harm customer information and challenge the concept of privacy. The lack of government consents the data protection against the 1945 Constitution. This study aims to propose accelerating the Indonesian Personal Data Protection Bill by The House of Representative Council (DPR). This study uses a normative juridical method with a statute approach, the data used is secondary data consisting of primary and secondary legal material. The result shows the urgency of designing new regulation prior to tackling the issue on data leakage and maintaining the confidentiality of the personal data of Indonesian citizens. Through the enacting PDP Law will benefit the stakeholders, the data owner and further recognition by other countries.
Maladministration on Mining Business Licenses: Case Study “Mining Business License Production Operation PT. Aneka Tambang, Tbk.” Ahmad Rustan; Ju Lan Hsieh; Wahyudi Umar
Varia Justicia Vol 17 No 3 (2021): Vol 17 No 3 (2021)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v17i3.6265

Abstract

As a potential natural wealth, mining sectors should be managed with proper rules. Therefore, control instruments are needed in the form of mining business licenses to prevent the negative impact of mining management. At the stage of production operations, the requirements that must be met by businesses are administrative, technical, environmental, and financial. This paper aims to describe maladministration in the issuance of mining business license process especially on upgrading process of exploration permits to production operating permits. This research is a normative juridical research with statute approach and case approach. The results showed that the issuance of mining business license production operation (IUP OP) of PT. Aneka Tambang, Tbk based on the Decree of the Regent of North Konawe No. 158 of 2010 does not meet the technical requirements, especially regionally because the IUP is overlapping 11 other IUP with the same commodity, and there is an IUP OP area which not a part of the exploration area.
Is it Possible? The Improvements of Indonesian Advocate Code of Ethics (KEAI) during the Multi Organizational Rio Saputra; Mokhammad Najih
Varia Justicia Vol 17 No 3 (2021): Vol 17 No 3 (2021)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v17i3.6306

Abstract

The advocate profession as an officium nobile is required to carry out their duties professionally in the real terms of the implementation for the community. However, various professional advocacy organizations currently influence the effect of professionality ethical values. In this regard, it is necessary to conduct a study on how advocates' professionalism in Indonesia in accordance with the value of Pancasila as contained Law No. 18 of 2003 on Advocate (Advocate Law 2003) and Indonesian Advocates' Code of Ethics (KEAI). The research aims to harmonize KEAI and Advocate Law 2003 and create a Professional Committee for the advocate in Indonesia. This research used normative legal research with comparative and historical approaches. The result showed that the improvement of current KEAI as mandated by Advocate Law 2003 by confirming the position of the Supervisory Commission and the Honorary Council and further involving external elements, as well as elements of the state as controllers will avoid the advocate profession from the involvement of unethical behavior, slaves by the client and its involvement to the criminal offences.
The Future of E-voting Implementation in Indonesian General Election Process: Constitutionality, Benefits and Challenges Fahri Bachmid; Hardianto Djanggih
Varia Justicia Vol 18 No 1 (2022): Vol 18 No 1 (2022)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v18i1.6359

Abstract

The emergence of the COVID-19 pandemic has hampered the conduct of general elections in a number of countries. In the previous simultaneous regional elections in 2020, there was an increase in positive cases of COVID-19, which resulted in fatalities. This study seeks to examine the possibility of electronic voting (E-Voting) as an alternative policy to ensure safe elections during a pandemic, by examining the aspects of constitutionality, advantages, and challenges of its implementation.. This research employs a normative research methodology with a conceptual, constitutional, and comparative approach. The result shows that, from a constitutional standpoint, the protocol for implementing E-Voting is consistent with the principles of direct, general, free, confidential, honest, and fair elections mandated in the Republic of Indonesia's 1945 Constitution, and thus can be used as an alternative election policy in the future. E-voting also offer potential benefits for the democratic, efficient, and secure electoral system that can be used in the current pandemic situation. However, there are a number of obstacles to its implementation in Indonesia due to systemic flaws in e-voting, such as its security and validity, as well as the condition of voters and insufficient infrastructure in the Indonesian context.
Inventor’s Legal Liability upon the Invention of Artificial Intelligence in Indonesia Deslaely Putranti; Kurnia Dewi Anggraeny
Varia Justicia Vol 18 No 1 (2022): Vol 18 No 1 (2022)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v18i1.6407

Abstract

The pace of technological development can no longer be restrained until the emergence of artificial intelligence (AI), which later turns out to negatively impact its application. AI is a computer system program created by humans. On the one hand, the invention of AI makes human work easier. On the other hand, it is also noticeable that there are several criminal cases "performed" by AI. This research is qualitative research with doctrinal approach. The data used include secondary data consisting of primary, secondary, and tertiary legal materials. The method of data collection is done through document study. The research concludes that the inventor of an invention of artificial intelligence can be charged with legal responsibility by applying the limits of liability both in civil and penal sanction. Further studies are needed to answer the question of how far this responsibility can be carried out.
Potential Fraud on Online Auction Business Via Instagram: Overview of Islamic Law and Indonesian Statutory Law Nur Rizqi Febriandika; Jajang Nurzaman; Muhammad Reynaldi Ariananda Arkiang
Varia Justicia Vol 18 No 1 (2022): Vol 18 No 1 (2022)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v18i1.6640

Abstract

This study aims to discuss the potential problem of auction fraud carried out by the @xxx Instagram account in terms of Islamic law and Indonesian law. The research method used is descriptive qualitative, through a normative juridical approach, and is complemented by the results of observations and interviews with sources. The results of this study indicate some indications of fraud. First, the seller creates a fake account and colludes with his friend to make a fake offer. Second, the seller who entrusted the goods to the @xxx Instagram account did not send the goods to the auction winner. Third, the seller of the @xxx Instagram account sells goods by mixing genuine and fake products. It is contrary to Islamic law, which prohibits any intentional fraudulent activity. Of the several acts of fraud committed by the perpetrators, they can be subject to Article 28 of the 2016 ITE Law, Article 378 of the Criminal Code, Law no. 20 of 2016 concerning Brands and Geographical Indications, Law Number 11 of 2008 concerning Information and Electronic Transactions, and Article 16 of Law no. 8 of 1999 concerning Consumer Protection.
The Covid 19 Pandemic as a Strain in Increasing Domestic Violence (An Overview of Restorative Justice in Sustainable Crime) Ni Nyoman Juwita Arsawati; I Made Wirya Darma; Ni Gusti Agung Mas Triwulandari; Dewi Bunga
Varia Justicia Vol 18 No 1 (2022): Vol 18 No 1 (2022)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v18i1.6861

Abstract

The COVID-19 pandemic has become a global pandemic that has changed the order of human life in almost all parts of the world. Indonesia is also one of the countries affected by the Covid-19 pandemic. The Indonesian government has established public policies to prevent the spread of the COVID-19 virus, one of which is the policy on limiting community activities by diverting work to be done from home (Work from Home). The pandemic condition has an impact on increasing cases of domestic violence. Various factors can cause domestic violence during the pandemic, the main one is the economic factor. This study aims discusses the Covid-19 pandemic as a "strain" that triggers domestic violence, the state's response to domestic violence, and restorative justice in resolving domestic violence. This research is a normative juridical research that examines the problems of various legal theories. The study was conducted on the prospect of restorative justice in resolving cases of domestic violence as sustainable violence. The analysis was carried out qualitatively. Domestic violence that occurred during the pandemic was caused by "strain" including a decrease to loss of income, boredom from having to be at home, sick conditions and so on. The increasing number of domestic violence cases during the pandemic requires handling using the principle of restorative justice with a penal mediation mode. This problem solving model is carried out by bringing together perpetrators and victims and finding a middle way to solve the problems they face. This out-of-court settlement is believed to be more effective considering that the perpetrator and the victim have an inner relationship based on love that prioritizes the integrity of the household. Restorative justice with penal mediation does not yet have regulators and categories in criminal law, including Law Number 23 of 2004 concerning the Elimination of Domestic Violence, within the limits or levels of violence whose resolution can be carried out using the concept of restorative justice.
The Legal Lacunae of UNCLOS and CBD to The Access and Benefit Sharing of Marine Genetic Resources in The Area Beyond National Jurisdiction Sri Wartini
Varia Justicia Vol 18 No 1 (2022): Vol 18 No 1 (2022)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v18i1.6989

Abstract

This article aims to comprehensively analyze the legal lacunae of UNCLOS and CBD in regulating the utilization and benefit sharing of marine genetic resources (MGRS) in the area beyond national jurisdiction (ABNJ). T he study argues that the existence of international legal instruments, such as the UNCLOS and the CBD fail to regulate the legal status of MGRS in the ABNJ as well as to regulate access and benefit sharing. The debate arises in the legal status of MGRS in the ABNJ will be applied the regime of common heritage of mankind or freedom of the sea, because both regimes have different legal implication. This study is a normative juridical research by applying conceptual and statutory approaches. The result of the study found that it is essential to addressed the legal lacunae in order to maintain equitable benefit sharing in the utilization of MGRS in the ABNJ. Therefore, in order to overcome the legal lacunae of UNCLOS and CBD, it is urgent to create new internationally binding Agreement..
Why is PayLater Scheme via E-commerce Prohibited in Islam? Islamic Law Overview Nur Rizqi Febriandika; Ahmad Syaifuddin; Aminudin Ma'ruf
Varia Justicia Vol 18 No 2 (2022): Vol 18 No 2 (2022)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v18i2.6759

Abstract

The internet has now been used as a medium for Online shopping; one of the media for Online shopping is e-commerce. Currently, a delayed payment system (debt) called PayLater has been implemented in e-commerce. The purpose of this study is to find out how the usage of PayLater in e-commerce is based on the perspective of Islamic law. This type of research is qualitative. Data collection methods used are library research, observation, and interviews. This study uses descriptive data analysis techniques, namely analyzing a phenomenon or social reality, by describing variables that are concerned with the problem and unit being studied and analyzed descriptively qualitatively using an inductive thinking approach, namely a way of thinking that departs from facts, events that occur. Then from the specific and concrete facts, generalizations that have a general nature are drawn. The results of the study prove that the law of buying and selling online according to Islamic law is valid as long as it does not contain haram elements and the goods being traded are halal. However, the practice of PayLater loans is not in accordance with Islamic law because there is an element of usury contained in it.

Page 15 of 17 | Total Record : 165

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