Substantive Justice International Journal of Law
The scope of articles published in this journal relates to topics in the fields of Adat Law, Constitutional Law, State Administrative Law, Criminal Law, Civil Law, International Law, Islamic Law, Environmental Law, Economic Law, Medical Law and other discussions relating to Legal studies that follow our writing guidelines.
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<![CDATA[The Efforts of Attorney Offices to Resolve Criminal Cases Based on the Concept of Restorative Justice ]]>
<![CDATA[Joko Sriwidodo]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 4 No 1 (2021): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.33096/substantivejustice.v4i1.121
<![CDATA[Recently, several cases show the criminal justice system in Indonesia has not guaranteed legal certainty and justice for the people. Thus, it is necessary to have a breakthrough in Indonesia’s criminal justice system by using the restorative justice approach. This approach is carried out by transferring and institutionalizing in accordance with justice. For this reason, it is necessary to have a specific regulation regarding the settlement of cases based on the concept of restorative justice in law enforcement institutions in Indonesia, especially in the attorney offices. The problems in this research are: How is law enforcement in Indonesia based on the concept of restorative justice? And how are the attorney’s efforts to resolve criminal cases based on the concept of restorative justice? This study aims to provide an overview of the restorative justice application. To respond to the senses of justice in society by implementing case resolution based on restorative justice. This normative legal research is conducted by library research through studying and analyzing primary, secondary, and tertiary legal materials. The research results show that the resolve of criminal cases by the Attorney General Office uses the Indonesian Attorney Office Regulation (PERJA) Number 15 of 2020 concerning Cessation of Prosecution Based on Restorative Justice.]]>
<![CDATA[Law Enforcement Factors in Waste Management to Achieve Environmental Sustainability and Community Welfare ]]>
<![CDATA[Suwari Akhmaddhian]]>;
<![CDATA[Ria Virigianti]]>;
<![CDATA[Erga Yuhandra]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 4 No 1 (2021): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.33096/substantivejustice.v4i1.109
<![CDATA[Environmental issues are interesting subjects that are related to the earth’s sustainability. While Garbage is basically an obstacle, it also has the potential to prevent environmental damage and increase the community's economy if it is well managed. This research aims to analyze local government policies in waste management based on the value of ecological justice to achieve natural preservation. The research method used is qualitative with primary data from interviews and observations supported by laws and regulations related to waste management. The research was conducted in Kuningan Regency and Ciamis Regency. The results showed that the Ciamis local government policy in waste management was equipped with local regulations, government officials, infrastructure, community participation, and program innovation, namely waste sorting, waste bank, maggot, and garbage alms. The conclusion is that local government policies, especially in Kuningan, still need improvement related to optimizing the role of the local government in institutional and funding of waste management and increasing public education regarding waste management. Good waste management can create environmental sustainability and community welfare.]]>
<![CDATA[Reformulation of Dispute Resolution Mechanisms for Public Information Requests to Achieve Constructive Law Enforcement and Legal Certainty ]]>
<![CDATA[Peter Jeremiah Setiawan]]>;
<![CDATA[Xavier Nugraha]]>;
<![CDATA[Elma Putri Tanbun]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 4 No 1 (2021): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.33096/substantivejustice.v4i1.122
<![CDATA[The nature of law enforcement in resolving multi-dimensional information disputes has a logical consequence on the need for constructive law enforcement. This research aims to examine the forms of law enforcement that exist in resolving disputes over requests for public information and to formulate a constructive mechanism to realize a series of law enforcement procedures with legal certainty. This research is normative legal research using a statutory and conceptual approach. The results showed that law enforcement in the settlement of public information disputes consists of the objection, non-litigation adjudication, and litigation covering civil, state administration, and criminal law. In this case, The Criminal law instruments are placed as the final law enforcement if the relevant public agency does not carry out a decision that has permanent legal force. In addition, in the context of realizing comprehensive and constructive law enforcement, a Memorandum of Understanding was held between the Information Commission and the Police to synergize and effectively implement the criminal law as a final resort.]]>
<![CDATA[The Legality of the Prostitution Place Behind the Nightlife ]]>
<![CDATA[Andi Hidayat Anugrah Ilahi]]>;
<![CDATA[Titien Pratiwi Adnas]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 4 No 1 (2021): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.33096/substantivejustice.v4i1.117
<![CDATA[The rampant localization of prostitution that moves implicitly on the Nusantara Street of Makassar causes a long-standing problem that is neglected in terms of legislation, sexually transmitted diseases, and human trafficking. This study aims to provide information about raising social reality through case studies of the relationship between commercial sex workers and nightclubs (THM) on Nusantara street, as well as an observation of the phenomenon of pimps, customers, and commercial sex workers in the Indonesian legal system, and comparison on the perspectives of the government and local regulations in the City of Makassar. The method used in this research is depth interview, observation, and literature review. The findings indicate that there is a mutual relationship between nightclubs (THM) and prostitution activities and that they even benefit each other. In addition, the existence of Regional Law Number 4 of 2014 On the Supervision and Control of the Procurement, Distribution, and Sale of Alcoholic Beverages shows that there is no firm step taken by the local authorities to minimize the activities of nightlife entertainment and hidden prostitution.]]>
<![CDATA[Human Trafficking in Woman and Children Perspective; Protocol to Prevent, Suppress and Punish in Persons ]]>
<![CDATA[I Wayan Putu Sucana Aryana]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 4 No 1 (2021): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.33096/substantivejustice.v4i1.124
<![CDATA[Trafficking in persons is a cross-border crime which injures human dignity. The mode of trafficking in persons is to take advantage of the economic conditions of potential victims by luring them a better job. This research will discuss the profile of victims of trafficking in persons, gender analysis in human trafficking, and international policies in victim protection that are gender equality oriented. This research is a normative juridical study examining the analysis of international legal instruments, laws and court decisions. The research was conducted using the statute approach, legal concepts and the concept of gender. The victims of trafficking in persons are dominated by women, although it does not rule out the possibility that men can also be the victims. Women are considered as commodities that can provide benefits because they can be bought and sold to do work without requiring high education, and even provide sexual services. The perpetrators of the criminal network carry out the recruitment of potential victims by involving the householder of the potential victim, in this case the husband or father of the potential victim. This condition cannot be separated from the deep rooted patriarchal culture in the society, in which the men play a role as the decision makers in the family. Power relations play an important role in analyzing this crime of trafficking in persons. Efforts to combat trafficking in persons are carried out within the framework of a gender-equitable policy. However, the existing legal instruments have not addressed the fundamental problems of trafficking in women. Reconstruction of the legal culture of society is very important in protecting women from various forms of violence.]]>
<![CDATA[Government Responsibility for The Fulfillment Basic Rights of Unprosperous people In Education Sector ]]>
<![CDATA[Pipi Susanti]]>;
<![CDATA[Rafiqa Sari]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 4 No 1 (2021): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.33096/substantivejustice.v4i1.106
<![CDATA[In fact, there are still many people living in poverty where they cannot fulfil their basic needs, be it food or clothing, there are still many children who drop out of school which causes ignorance. Education is one of the things that can change a family to be prosperous, therefore the government is obliged to fulfil this right. The problem in this paper is what form of government responsibility to fulfil the basic rights of the unprosperous people in education? The writing method used is normative with more emphasis on positive legal norms in the form of statutory regulations. The result of the discussion of this writing is that education is the basic right of the unprosperous people fulfilled by the government. In carrying out its responsibilities, the government fulfils the basic rights of the unprosperous people in several programs. Education which is the basic right of the unprosperous people is provided by the social service through PKH, while the Education Office provides these rights through (PIP) As stated in Article 31 of the 1945 Constitution, the community is required to get an education and the government is responsible for this, with some Indonesian program has fulfilled the rights of the unprosperous people in education.]]>
<![CDATA[Government Responsibility for The Fulfillment Basic Rights of Unprosperous people In Education Sector ]]>
<![CDATA[Susanti, Pipi]]>;
<![CDATA[Sari, Rafiqa]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 4 No 1 (2021): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
Show Abstract
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DOI: 10.33096/substantivejustice.v4i1.106
<![CDATA[In fact, there are still many people living in poverty where they cannot fulfil their basic needs, be it food or clothing, there are still many children who drop out of school which causes ignorance. Education is one of the things that can change a family to be prosperous, therefore the government is obliged to fulfil this right. The problem in this paper is what form of government responsibility to fulfil the basic rights of the unprosperous people in education? The writing method used is normative with more emphasis on positive legal norms in the form of statutory regulations. The result of the discussion of this writing is that education is the basic right of the unprosperous people fulfilled by the government. In carrying out its responsibilities, the government fulfils the basic rights of the unprosperous people in several programs. Education which is the basic right of the unprosperous people is provided by the social service through PKH, while the Education Office provides these rights through (PIP) As stated in Article 31 of the 1945 Constitution, the community is required to get an education and the government is responsible for this, with some Indonesian program has fulfilled the rights of the unprosperous people in education.]]>
<![CDATA[Law Enforcement Factors in Waste Management to Achieve Environmental Sustainability and Community Welfare ]]>
<![CDATA[Akhmaddhian, Suwari]]>;
<![CDATA[Virigianti, Ria]]>;
<![CDATA[Yuhandra, Erga]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 4 No 1 (2021): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
Show Abstract
|
Download Original
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Original Source
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Check in Google Scholar
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DOI: 10.33096/substantivejustice.v4i1.109
<![CDATA[Environmental issues are interesting subjects that are related to the earth’s sustainability. While Garbage is basically an obstacle, it also has the potential to prevent environmental damage and increase the community's economy if it is well managed. This research aims to analyze local government policies in waste management based on the value of ecological justice to achieve natural preservation. The research method used is qualitative with primary data from interviews and observations supported by laws and regulations related to waste management. The research was conducted in Kuningan Regency and Ciamis Regency. The results showed that the Ciamis local government policy in waste management was equipped with local regulations, government officials, infrastructure, community participation, and program innovation, namely waste sorting, waste bank, maggot, and garbage alms. The conclusion is that local government policies, especially in Kuningan, still need improvement related to optimizing the role of the local government in institutional and funding of waste management and increasing public education regarding waste management. Good waste management can create environmental sustainability and community welfare.]]>
<![CDATA[The Legality of the Prostitution Place Behind the Nightlife ]]>
<![CDATA[Ilahi, Andi Hidayat Anugrah]]>;
<![CDATA[Adnas, Titien Pratiwi]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 4 No 1 (2021): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
Show Abstract
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Download Original
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Check in Google Scholar
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DOI: 10.33096/substantivejustice.v4i1.117
<![CDATA[The rampant localization of prostitution that moves implicitly on the Nusantara Street of Makassar causes a long-standing problem that is neglected in terms of legislation, sexually transmitted diseases, and human trafficking. This study aims to provide information about raising social reality through case studies of the relationship between commercial sex workers and nightclubs (THM) on Nusantara street, as well as an observation of the phenomenon of pimps, customers, and commercial sex workers in the Indonesian legal system, and comparison on the perspectives of the government and local regulations in the City of Makassar. The method used in this research is depth interview, observation, and literature review. The findings indicate that there is a mutual relationship between nightclubs (THM) and prostitution activities and that they even benefit each other. In addition, the existence of Regional Law Number 4 of 2014 On the Supervision and Control of the Procurement, Distribution, and Sale of Alcoholic Beverages shows that there is no firm step taken by the local authorities to minimize the activities of nightlife entertainment and hidden prostitution.]]>
<![CDATA[The Efforts of Attorney Offices to Resolve Criminal Cases Based on the Concept of Restorative Justice ]]>
<![CDATA[Sriwidodo, Joko]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 4 No 1 (2021): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
Show Abstract
|
Download Original
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DOI: 10.33096/substantivejustice.v4i1.121
<![CDATA[Recently, several cases show the criminal justice system in Indonesia has not guaranteed legal certainty and justice for the people. Thus, it is necessary to have a breakthrough in Indonesia’s criminal justice system by using the restorative justice approach. This approach is carried out by transferring and institutionalizing in accordance with justice. For this reason, it is necessary to have a specific regulation regarding the settlement of cases based on the concept of restorative justice in law enforcement institutions in Indonesia, especially in the attorney offices. The problems in this research are: How is law enforcement in Indonesia based on the concept of restorative justice? And how are the attorney’s efforts to resolve criminal cases based on the concept of restorative justice? This study aims to provide an overview of the restorative justice application. To respond to the senses of justice in society by implementing case resolution based on restorative justice. This normative legal research is conducted by library research through studying and analyzing primary, secondary, and tertiary legal materials. The research results show that the resolve of criminal cases by the Attorney General Office uses the Indonesian Attorney Office Regulation (PERJA) Number 15 of 2020 concerning Cessation of Prosecution Based on Restorative Justice.]]>
