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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.
Arjuna Subject : -
Articles 165 Documents
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Domestic Violence in the Criminology and Victimology Perspectives: Case Study in Kupang, East Nusa Tenggara Siti Syahida Nurani; Dyah Adriantini Sintha Dewi; Joel Rey Acob Ugsang; Nurdin Nurdin; Heru Santoso Wahito Nugroho
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.v18i2.6856

Abstract

The state controls the interaction of family members within the scope of the household through Law Number 23 of 2004 on the Elimination of Domestic Violence. Domestic violence cases often happen in Kupang City, East Nusa Tenggara, Indonesia. This paper analyzes domestic violence in the criminology and victimology perspectives. This study uses the qualitative method with an empirical juridical approach. Based on the results of the discussion, in the criminological perspective, domestic violence is a crime in the form of an expression of physical or verbal strength that reflects aggressive actions and attacks one’s freedom or dignity. In the perspective of victimology, the role of the victim is the basis for the emergence of violence, which impacts the physical, psychological, and social aspects. In Kupang, domestic violence cases are usually triggered by victims, i.e. provocative victims. Thus, both victims and perpetrators are responsible. While in other cases, the position of the victim as the basis for the emergence of domestic violence does not exist at all.
Corporate Social Responsibility Supervisors in Indonesia: Analysis of Local Government Regulation in 10 Province in Indonesia Diana Setiawati; Zulfiani Ayu Astutik; Soepatini soepatini; Haszmi Alfateh; Enno Haya Gladya Naranta
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.v18i2.7022

Abstract

Corporate Social Responsibility (CSR) is a business practice that is governed by the law in Indonesia. Every company in Indonesia is required to implement CSR under the Investment Law No. 25 of 2007 and the Limited Liability Company Act No. 40 of 2007. However, some local governments have created district laws that guide CSR applications because CSR rules are not officially established. In the legal concept, each regulation must appoint an institution in charge of managing and supervising the implementation of the regulation. Meanwhile, in Indonesia, every local government regulation has its own description of CSR supervisors body. Some provinces decide on the local government as a CSR supervisor, and some provinces choose district assembly as CSR supervisors. Institutional matters are stated in Law No. 11 of 2009 concerning Social Welfare, that the government and local governments coordinate the implementation of CSR. However, due to the different interpretations of each local government regulation, the legal basis for CSR supervision is unclear. So, this paper aims to know several institutions that have functions as CSR supervisors based on an analysis of regional regulations in 10 provinces in Indonesia. This research will use normative research methods, namely legal research conducted by analysing and researching library materials or secondary data. The final result of this research is policy suggestions to add an article about supervisory bodies on some regulation that regulates CSR. This research will provide insight for stakeholders that CSR supervision is very important to harmonise stakeholders and create a healthy business climate and social welfare.
Amendment to Term of Office of Constitutional Court Judges in Indonesia: Reasons, Implications, and Improvement Idul Rishan; Sri Hastuti Puspitasari; Siti Ruhama Mardhatillah
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.v18i2.7236

Abstract

After the amendment to the Constitutional Court Law, constitutional court judges would be dismissed honorably when they attain the age of 70 (seventy) years old. Problem arises, where the transitional provisions of the third amendment to the Constitutional Court Law are not applicable prospectively but retroactively. Hence, the implementation of the amendment to the term of office of constitutional court judges also brings an impact on the incumbent constitutional judges in the Constitutional Court. This study had three objectives. First, to identify the underlying reasons (ratio-legis) for the amendment to the term of office of constitutional court judges to the maximum age limit of 70 years. Second, to analyze the implications of arranging a maximum age limit of 70 years for the position of constitutional court judges. Third, to recommend alternative arrangements for the term of office of constitutional court judges in Indonesia. This was a legal doctrinal research with a qualitative analysis. The results showed that (1) the reasons for the amendment to the term of office of constitutional court judges are due to the open legal policy, globalization and efforts to build the pro-majoritarian power in the Constitutional Court. (2) This amendment brings implications, i.e., the distortion of judicial independence, conflicts of interest and a declined public trust. (3) Improvements can be made by revising the transitional provisions and trying other alternatives by arranging the term of office of the judges through the constitution.
Concept of Restorative Justice in Criminal Acts of Sexual Violence with Child Perpetrator and Victims Nani Susilowati; Nurini Aprilianda; Faizin Sulistio
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.v18i2.7847

Abstract

This article aims to clarify the idea of restorative justice in situations of sexual violence where children are both the perpetrator and the victim. This study uses normative legal research with a statute and conceptual approaches. The results show that law enforcement against children as perpetrators of crimes of sexual violence with child victims must still pay attention to the principle of proportionality. This principle seeks to limit punitive consequences and restrain public responses so that they stay proportionate to juvenile perpetrators of sexual violence. In addition to focusing on activities, this idea also considers the child's environment. In the meantime, law enforcement that cannot be conducted through diversion must nevertheless regard the rights of the child, so that when children are criminalized, only half of the adult punishment is imposed, so that they can return to society appropriately and be equipped with skills.
The Concept of Land Bank Agency: Between Public or Bussiness Functions? Anak Agung Gede Duwira Hadi Santosa; I Made Marta Wijaya; Ni Luh Dewi Sundariwati; Made Dwita Martha
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.v18i2.6619

Abstract

The concept of a Land Bank entity in the Job Creation Act and its derivative regulations reflects the contradictory dualism of the functions of the Land Bank agency. On the one hand, the Land Bank agency was formed to carry out public functions, but on the other hand, the Land Bank could carry out business activities. The existence of this dualism results in ambiguity and imbalance in the functions of the Land Bank agency. This research aims to examine the concept of a Land Bank entity as contained in the Job Creation Law and its derivative rules and to provide an overview of the model of a Land Bank entity in the future that can balance the implementation of public and business functions. The research used normative legal research supported by the statutory approach and a conceptual approach. The results show that the concept of a Land Bank agency in the Job Creation Law and its derivative rules still reflects the dualism of contradictory functions of the Land Bank agency, namely as executor of public functions and as executor of business activities. It is necessary to revamp the concept of the Land Bank agency to avoid conflicts of interest between public and private scope, by dividing the Land Bank entity into two types, which is the Land Bank entity in the form of public legal entity and/or private legal entity.
European Union Work-Life Balance Directive: A Lesson for Indonesia Rofi Aulia Rahman; Aimee Joy David; Jumi Apriza; József Hajdú
Varia Justicia Vol 18 No 3 (2022): Vol 18 No 3 (2022)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v18i3.7732

Abstract

The aim of this article is to compare the legal development of the work-life balance directive in the European Union (EU) and Indonesia. The objective of the Work-Life Balance Directive is to enhance the existing EU legal framework for family-related leave and flexible work arrangements. The directive includes the introduction of paternity leave (the equivalent second parent/parent will be able to take at least 10 working days of maternity leave around the birth of the child, compensated at least at the rate of sick pay); the strengthening of the right to leave for birth for 4 months and the right to request flexible leave (e.g., part-time or gradually); and the establishment of nursing leave (5 days/year) for workers caring for permanency-impaired relatives. This policy can serve as a model for Indonesia in terms of defending worker rights and promoting a healthy work-life balance. Nonetheless, the Indonesian legal framework governing the work-life balance remains obscure. Therefore, the Indonesian legal system must modify existing regulations and/or pass new laws to ensure the quality of working time and life are balance which gradually could impact to the families economic stability.
Law, Money Politics, and Public Preferences in Choosing Regional Head Candidates in Ternate City, Indonesia Irham Rosyidi; Mahmud Hi Umar; Kachippa Suvirat; Aslan Rumicovic
Varia Justicia Vol 18 No 3 (2022): Vol 18 No 3 (2022)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v18i3.7979

Abstract

In Indonesia, there are still people who are registered as permanent voters but have not exercised their voting rights. This study aims to analyze people's preferences in the implementation of simultaneous regional head elections in Ternate City, as well as the efforts made by the General Election Supervisory Agency to suppress the practice of money politics in the 2024 Simultaneous Regional Head Elections in Ternate City. This research used the anthropological approach which studied the behavior or preferences of society during the simultaneous election of regional heads in Ternate City. This study used a sociological research method, where the author carried out direct observations or research in the field to obtain accurate data to answer the research problems. Results showed that voters in Ternate City tend to become irrational voters during simultaneous regional head elections and most respondents (40%) stated that they chose candidate pairs based on cash compensation, projects, and positions. Then, the General Election Supervisory Agency makes efforts to suppress money politics in the 2014 Simultaneous Regional Head Election in Ternate City by applying the participatory monitoring movement.
Relations between the State Civil Apparatus and Regional Heads in the Indonesian State Civil Service System Bagus Sarnawa
Varia Justicia Vol 18 No 3 (2022): Vol 18 No 3 (2022)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v18i3.8363

Abstract

The purpose of this study is to ascertain the civil servant' general election neutrality model. This study used secondary data or library resources that included primary, secondary, and tertiary legal materials to accomplish its goals. This study interviewed practitioners such the National Civil Service Agency, the State Civil Apparatus Commission, and the Election Supervisory Board of the Republic of Indonesia in order to gather secondary data on personnel legislation and general elections. In this study, a statutory method was paired with a conceptual, historical, and comparative perspective. The outcomes demonstrated that civil servants' impartiality in general elections has never occurred from the start of independence till the present. This is a result of the system of subordination (unequal relations) between civil servant and political official. To balance positions between the two, it is therefore vital to separate civil servants from political officials. As a result, it is required to amend Law Number 5 of 2014 Concerning State Civil Apparatuses in order to control the separation of positions of Civil Servants and political authorities.
Sharia Compliance on Murabaha Financing in Sharia Rural Banks: A Review of Recent Practices Muhammad Khaeruddin Hamsin; Abdul Halim; Rizaldy Anggriawan; Ahmad Fanani
Varia Justicia Vol 18 No 3 (2022): Vol 18 No 3 (2022)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v18i3.8376

Abstract

One of the most significant concerns in the practice of Sharia Rural Banks is Islamic compliance. This is necessary to guarantee that the policies, provisions, processes, and procedures, as well as the Sharia Rural Bank’s (BPRS) business activities, are in accordance with the provisions and Sharia Principles. The aim in this paper is to extensively evaluate whether Sharia rural banks have completely implemented and conformed with Sharia norms and values, particularly when it comes to Murabaha financing practices. It elaborates on the compliance assessment from the initial application of Murabaha to its complete execution. It also explores the BPRS debt settlement plan, which is in accordance with the DSN-MUI Fatwa, and discusses the OJK Policy on the restructuring process during the Covid-19 crisis. The paper used a normative-empirical research method with employing statutory and conceptual approaches. The análysis of data is described in qualitative-descriptive where the data was obtained from library and empirical research. The findings show that, with a few outliers, the DSN-MUI Fatwa and OJK Policy are implemented in the execution of Murabaha contracts at BPRS. Even during a pandemic crisis, when many customers were unable to settle their debts, the bank was compelled to postpone the debt while still adhering to Sharia principles. However, certain features, particularly the application of the Murabaha contract that is preceded by a wakalah contract, are thought to be in contradiction of the DSN-MUI fatwa on Murabaha.
Technology Company Merger and Acquisition: a Study of Indonesian and European Union Competition Law Reni Budi Setianingrum; Mukti Fajar Nur Dewata; Rahul Kumar
Varia Justicia Vol 19 No 1 (2023): Vol 19 No.1 (2023)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v19i1.8769

Abstract

Technology has become an essential part of human activities, people's needs and demands for it are significantly increased. People have become dependent on technology because they use it to travel, communicate, learn, do business and simplify human life. Currently, technology-based companies are growing rapidly all over the world, as we can see how Google, Facebook, Twitter, Microsoft, Apple, and various other companies dominate the market. Likewise in Indonesia, people's activities cannot be separated from various products from technology-based companies, such as Gojek, Tokopedia, Shopee, Grab, Traveloka, etc. Recently, Gojek and Tokopedia officially merged to become the GoTo Group and are claimed to be the largest technology group in Indonesia. This merger is usually carried out by business actors to seek more profit and to become a company that wins the market both on a national and international scale and in fact has a significant impact on changes in structure and control over the market so that there is a potential for abuse of dominant position to occur by limiting the choice of both products, quality, and price. Based on this case, this normative research using the case approach and statute approach aims to analyze how Indonesian competition law regulates technology company mergers, by comparing it with European Union competition law. The conclusion of this research is, lesson learn from European Union, Indonesian Competition Law needs to adapt the Data Protection Law in reviewing tehcnology company mergers in Indonesia.

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