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.
Articles
123 Documents
<![CDATA[Fixed-Time Employment Agreement Based on Legal Awareness to Realize Harmonious Employment Relationship ]]>
<![CDATA[Shalihah, Fithriatus]]>;
<![CDATA[Megawati, Megawati]]>;
<![CDATA[Suryadi, Suryadi]]>;
<![CDATA[Zuliyah, Siti]]>;
<![CDATA[Muhammadi, Fauzan]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 5 No 2 (2022): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.56087/substantivejustice.v5i2.184
<![CDATA[The arrangement of fixed-time employment agreements stipulated in the laws and regulations of the Republic of Indonesia is considered ineffective. One of the primary reasons is that some existing provisions are deemed inappropriate for labor-market needs. Several articles concerning work agreements have been removed from the Job Creation Law, but implementation issues remain. Both are concerned with the fulfillment of workers' rights and the types of work that are permissible for workers with specific worker statuses at specific times. This research uses a normative juridical method with a statutory and conceptual approach. The result of analysis indicates that any employment agreement must include legal awareness provisions. This is done to provide a more concrete measure of legal awareness, because everything in the employment agreement is the result of an agreement reached by both parties. If there are impediments to the exercise of rights that are not the result of deliberate reason, the settlement has also been arranged using local wisdom in the form of deliberation between the parties. If the provisions of the laws and regulations regarding the fulfillment of the parties' rights cannot be run optimally, this can be a solution to create harmonious industrial relations. The most important solution to establishing the rule of law in creating a harmonious working relationship is legal awareness in the implementation of fixed-time employment agreements.]]>
<![CDATA[Towards Balanced Bicameralism: Reconstruction of Law-making powers in Indonesian Representative Institutions ]]>
<![CDATA[Marzuki, Marzuki]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 5 No 2 (2022): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.56087/substantivejustice.v5i2.187
<![CDATA[This study intends to analyze the problems of parliamentary institutions in Indonesia, with a focus on the inequality of authority between the first chamber (DPR) and the second chamber (DPD) in the lawmaking process. It also offers normative-conceptual ideas on the reconstruction formula for balancing the roles of both houses in the law-making power, according to the concept of balanced or strong bicameralism. The study uses a doctrinal legal research model, through a literature study of primary and secondary legal materials. This study also combines constitutional, theoretical, and statutory/normative approaches. The analysis is presented descriptively-prescriptively with qualitative techniques. The findings indicate that the authority of both chambers (DPD & DPR) in the law-making power, as regulated in the 1945 Constitution of the Republic of Indonesia and in statutory regulations, is still not proportional. This is due to the DPD's limited authority, both to submit a draft law and to discuss a bill that has not reached the final approval stage. In comparison to the DPR's unlimited authority, the DPD is still identified as a co-legislator or an auxiliary authority in the law making process. As a result, the relationship between the two chambers as representative institutions must be reconstructed on the basis of balanced bicameralism or strong bicameralism. Reconstruction efforts must be carried out by altering some provisions in the Constitution, and making adjustments to other regulations at the statutory level. It is hoped that the two chambers can synergize with each other and accommodate national and local aspirations to produce higher quality legal products.]]>
<![CDATA[The Impact of Criminal Policy on Money Laundering Against the Resilience of the Law ]]>
<![CDATA[Kusbianto, Kusbianto]]>;
<![CDATA[Sitompul, Ariman]]>;
<![CDATA[Adiputra, Adiputra]]>;
<![CDATA[Miftahuddin, Miftahuddin]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 5 No 2 (2022): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.56087/substantivejustice.v5i2.192
<![CDATA[Differences in the authority of investigators over money laundering crimes committed by members of the Indonesian National Armed Forces lead to disharmony of norms, thus creating polemics in the law enforcement process, especially in efforts to eradicate money laundering. Currently, there is an expansion of investigative competence based on the Decision of the Constitutional Court of the Republic of Indonesia, which states that predicate criminal investigators are officials or bodies authorized by laws and regulations to conduct investigations. Violations committed by members of the Indonesian National Armed Forces against the crime of money laundering should be under the jurisdiction of the Military Court. This study aims to determine the development and impact of legal policies related to members of the Indonesian National Armed Forces who commit criminal acts in the jurisdiction of the Military Court I-03 Padang. The analysis of this research uses a descriptive qualitative approach by using primary and secondary data. The results indicate that the competence of military courts is vulnerable to discontinuing the legal process of money laundering. Military courts should also be given the authority to try Indonesian National Armed Forces members who commit money laundering crimes. Investigation of The Crime of Money Laundering committed by members of the Indonesian National Armed Forces in the ius constituendum must be formulated more firmly in the Money Laundering Law. Thus, the Indonesian National Army members who violate the entered in categorization of General Crimes or non-military will be subject to the general justice system, and in the investigation carried out by investigators in the general court as described in the provisions in accordance with the limitative theory.]]>
<![CDATA[Law Enforcement Against Members of The Indonesian National Police Commit Crimes ]]>
<![CDATA[Idy, Muhammad Yunus]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 5 No 2 (2022): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.56087/substantivejustice.v5i2.194
<![CDATA[The piling up of tasks for police officers is due to the increasing number of new problems that have emerged in the urban community, also having an impact on classic and unfinished problems that must continue to be handled by the police as the authorized party to be neglected, including a number of obligations in maintaining public order on classic issues that should have been completed. But in fact, they were only obscured and seemed to be in order, even though the proverb for reporting missing goats and even missing cows was still ongoing, so this study aims to detect types of violations by members of the police, which include: crime and law enforcement efforts. This study uses empirical normative legal research methods. The results of this study indicate that the types of criminal offenses committed by members of the police are very diverse and increasingly ignore the various laws that have regulated the obligations of the police, who act as members of the community and law enforcement. The type of violation that is quite prominent is a violation committed due to unprofessionalism in handling cases, and this action can no longer be viewed as a violation. In fact, it has been seen as a crime in carrying out its duties and authorities. The incident repeated and became more blatant because there is still a system and other structure that lives in the system and structure of police members, namely those who have not acted according to procedures in carrying out their duties, professional ethics of law enforcement, and other violations of law in carrying out their duties.]]>
<![CDATA[Consumer Legal Protection from the Decoy Effect Through Digital Literacy ]]>
<![CDATA[Cahyani, Afrilia]]>;
<![CDATA[Fitriyanti, Fadia]]>;
<![CDATA[Ahmad, Jamaluddin]]>;
<![CDATA[Ramlan, Pratiwi]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 5 No 2 (2022): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.56087/substantivejustice.v5i2.196
<![CDATA[The millennial and generation Z tend to experience the negative impact of the decoy effect, so a consumer protection law is required. The purpose of this study is to demonstrate the negative impact of the decoy effect and the importance of consumer protection through digital literacy. A quantitative descriptive approach was used with millennial and generation Z research subjects who were given a choice of products using bait items. According to the study's findings, respondents are susceptible to the decoy effect, so consumers have the right to know before making a decision. The findings of this study contribute to the public's understanding and provision of suggestions or criticism, as well as to the government's formulation of consumer protection policies, particularly for the millennial and generation Z generations. The implication is that existing consumer protection laws must be flexible, rational, and based on digital literacy. Legal certainty as a form of consumer legal protection to achieve equality in an engagement as a concept for those who make transaction.]]>
<![CDATA[Weak Investment Law Enforcement in Land and Forest Fire Cases in Indonesia ]]>
<![CDATA[Wuryandari, Utji Sri Wulan]]>;
<![CDATA[Chairani, Anggi Dewinta]]>;
<![CDATA[Safitri, Myrna Asnawati]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 5 No 2 (2022): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.56087/substantivejustice.v5i2.204
<![CDATA[This article aims to analyze the formulation of sanctions in Indonesian investment law against foreign investors who commit environmental damage and pollution in the case of forest and land fires. This paper uses a legislative approach by analyzing the quality of legal norms on regulating sanctions for foreign investors involved in forest and land fires. The results show that the current development of global investment law requires companies, including transnational companies, to carry out environmental responsibilities in addition to social responsibility and good governance. The need to build pro-environmental investment law is important to strengthen environmental law enforcement with a multi-door approach. This is not followed by the investment law in Indonesia. The country's Investment Law does not strictly regulate sanctions against investors who violate their obligations and responsibilities to maintain the environment. The aspect of government supervision of the implementatio of investor obligations is also weak. These weaknesses in legal substance show that investment law is not in line with today's investment objectives that require support for environmental preservation or better known as green investment. This paper concludes that investment law will not be effective in supporting law enforcement in forest and land fire cases due to the lack of sanction formulation and weak supervision. Because of this, the existing investment law is still far from the goal of realizing green investment in Indonesia.]]>
<![CDATA[Restorative Justice Approach to The Settlement of Banking Crime Cases ]]>
<![CDATA[Hijriani, Hijriani]]>;
<![CDATA[Niasa, La]]>;
<![CDATA[Dewi, Ayu Lestari]]>;
<![CDATA[Yusuf, Muhammad]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 6 No 1 (2023): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.56087/substantivejustice.v6i1.206
<![CDATA[Banking crimes can now occur in a variety of new forms, which not only harm people or the wider community, but can also cause losses to the state and even the global economy. Settlement of corporate crimes, particularly banking crimes, still leads to legal accountability through diverse statutory instruments, and the imposition of sanctions tends to be oriented toward the perpetrator's criminal responsibility rather than representing the victim's interests. The purpose of this study is to examine non-litigation dispute resolution in the context of corporate banking crimes, as well as whether the concept of restorative justice can be used as an alternative to sanctions in the resolution of corporate banking crimes. The normative legal research method is used, with analytical, comparative, and statutory approaches. The study's findings indicate that the disputing parties can use the out-of-court settlement mechanism to reach an agreement. The use of this mechanism must be established through an injunction settlement institution, as it is known in the legal systems of the United States and the United Kingdom. The court may order a delay in examining the case at the request of one of the litigants if the applicant can demonstrate that there is no clear legal means. The concept of restorative justice opens the door to alternative solutions to corporate banking crimes, such as the deferred prosecution agreement policy.]]>
<![CDATA[Consequences of Rejecting the Principle of Portie Legitieme on Wills and Deeds of Grants ]]>
<![CDATA[Setiyowati, Setiyowati]]>;
<![CDATA[Lisdiyono, Edy]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 6 No 1 (2023): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.56087/substantivejustice.v6i1.213
<![CDATA[Inheritance law in the BW is basically regulatory and there is no element of coercion. The heir has the right to do anything with his property as long as he is still alive. However, the treatment of his assets must not violate the legitimacy of the portie or the absolute rights of the legal heirs. If the right of legitieme portie is violated, all the actions of the heirs are null and void as long as the demands of the heirs are valid. The purpose of this research is to find out the legal consequences of annulment of wills and awarding of deed for violating the legitieme portie. The method of analysis was carried out using a case study of the Supreme Court Decision. The results of the analysis of the case filed a lawsuit for Budijono Hartono's inheritance between Budijono Hartono's legitimate child as the legal heir and Budijono Hartono's wife, the Court judge decided to cancel the Will and Grant Deed for violating the legitieme portie, as a consequence of not fulfilling the provisions in the laws and regulations on the seduction of legitimaries. Deeds of wills and deed of grants are declared to have no legal force so that all assets listed in the deed of wills and grants are included in the boedel to be divided among all the heirs.]]>
<![CDATA[Sociology of Law Perspectives on Security, Population, and Local Wisdom Issues ]]>
<![CDATA[Pasamai, Syamsuddin]]>;
<![CDATA[Aswari, Aan]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 6 No 1 (2023): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.56087/substantivejustice.v6i1.215
<![CDATA[This study aims to provide an overview of governance that always links the interests of society and the State based on the values of the sociology of Law. Therefore, state administrators always pay attention to issues of Security, population, and local wisdom on a country basis. The conceptual study presents this manuscript as an effort to understand how Law is developed and changed along with social and cultural changes. This article explains the basic argument that Pancasila is still the guardian in the development of Law, and it is also proven that there is a development of Law which has a tendency and begins to show detachment from Pancasila values, but in its journey efforts are made to adapt it to Pancasila values in order to reduce the symptoms. Social conflict. Thus concluding that Security, population, and local wisdom are part of influencing the quantity, quality, mobility, and administration of population.]]>
<![CDATA[Existence of Consumer Protection in the Katsuwonus Pelamis Process as a Safe Culinary ]]>
<![CDATA[Sumbu, Telly]]>;
<![CDATA[Rumokoy, Donald Albert]]>;
<![CDATA[Frederik, Wulanmas Anna Patricya Gracya]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 6 No 1 (2023): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.56087/substantivejustice.v6i1.224
<![CDATA[Katsuwonus Pelamis is a fishery commodity originating from the waters of the bay in Indonesia, Cakalang Fufu is a popular culinary dish with processed fish that is processed quickly, served fresh, frozen, canned or dried, which has become the object of fishing for fishermen because it is considered profitable. The reality of management that does not have adequate quality control, while the paradigm of entrance market is skipjack tuna management as soon as possible has been carefully tested for safety aspects before the product is released to the market. This action is a legal event that causes harm to consumers who are accommodated by legal protection. This study aims to describe the process of catching, storing and marketing skipjack tuna as a safe food product from the perspective of consumer law protection, and to describe the forms of law enforcement against the circulation of unsafe food products. This research uses the type of research socio legal research. The description of the research results shows that the process of catching, storing and marketing skipjack tuna specifically in North Sulawesi still uses traditional methods, but the urgency and safety aspects of catching results cannot be guaranteed, including the process of storing and marketing skipjack tuna does not comply with the provisions. Standard procedures are ignored so that the impact of the expected information is given to consumers from the capture process to the final consumer.]]>
