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Substantive Justice International Journal of Law
Published by Universitas Muslim Indonesia
ISSN : -     EISSN : 25990462     DOI : http://dx.doi.org/10.33096/substantivejustice
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 123 Documents
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Judicial Activism in Regional Head Election Dispute: The Practice and Consistency of The Indonesian Constitutional Court Amiruddin, Amiruddin; Ramadani, Rizki
Susbtantive Justice International Journal of Law Vol 6 No 1 (2023): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v6i1.230

Abstract

The Constitutional Court's approach towards regional head election disputes is regarded as quite progressive and illustrates the growing trend of judicial activism. This article attempts to analyze the practice of activism by the Constitutional Court in the context of regional head election disputes and assess its consistency in simultaneous elections. This study uses a conceptual, statutory and case approach in analyzing several regional head election dispute decisions in 2020. The activism of the Constitutional Court in the context of regional head election disputes is at least practiced by judges through three things: first, the determination taken by the Constitutional Court to decide on re-voting and re-counting of votes; second, the willingness of the Court to consider election offenses that are structured, massive, and systematic; and third, the courage of judges to disqualify regional head candidates as well as determine the winner to provide legal certainty. This practice of activism is still being consistently pursued by judges in the 2020 simultaneous regional head elections. Even so, there is a tendency that structured, systematic and massive violations are not the main reason for terminating the election results, and even tend to be complicated by judges who demand more significant evidence. This condition will cause the burden of proving the structured, systematic and massive offenses to be much heavier in the future. This seems to be contradictory to previous decisions of the Constitutional Court which were known to prioritize substantive justice.
Unincorporated Merchant: How Does the Law Protect Consumers in Electronic Commerce? Buana, Andika Prawira; Ating, Rashid; Ma'ruf, Tri Abriana
Susbtantive Justice International Journal of Law Vol 6 No 1 (2023): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v6i1.238

Abstract

Currently, electronic commerce (e-commerce) is a platform that allows merchants and consumers to easily conduct online transactions. Nonetheless, there are a lot of e-commerce business actors who do not yet have legal entity status. The purpose of this research is to discover and examine rules pertaining to e-commerce merchants who are not incorporated, as well as what portions of consumer legal protection are available to consumers. This doctrinal legal research uses statutory and conceptual approaches. The results of the study show that regulatory provisions for e-commerce business actors who are required to be legal entities (incorporated) have been contained in regulations issued by the Minister of Trade, while e-commerce business actors who are not legal entities are regulated in various regulations such as the Law on Electronic Information and Transactions, the Consumer Protection Act, and the Trade Quiet Act. However, the regulation does not explicitly contain e-commerce obligations for legal entities. In fact, the legality of business actors is highly recommended because it guarantees legal protection for consumers if they experience losses in the future. In addition, it is also a potential source of income for countries with tax schemes. Based on this, it is suggested that the government immediately draw up specific regulations so that every e-commerce business actor is not given any other choice but to have a legal entity. It is also necessary to stipulate strict sanctions against unincorporated business actors and result in losses to consumers.
The Urgency of Indonesian Omnibus Law Implementation Related to Foreign Investment Laksmi Dewi, Anak Agung Sagung; Rahayu, Mella Ismelina Farma; Ujianti, Ni Made Puspasutari; Saripan, Hartini; Wibisana, Anak Agung Ngurah Adhi
Susbtantive Justice International Journal of Law Vol 6 No 2 (2023): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v6i2.239

Abstract

Investment is one of the driving means of strengthening the country's economy. One of the expected ways to increase investment is through foreign investment. Various regulatory measures have been carried out by evaluating and analyzing regulations and policies related to the licensing process for foreign investment. A new legal breakthrough is in the form of the enactment of the Omnibus Law on the Job Creation Law that is being pursued by the government aims to make it easier for foreign investors to obtain a permit. The formulation of problems that can be studied include how the omnibus law applies to simplifying licensing in an effort to facilitate the licensing process related to foreign investment. This study aims to examine the urgency of the implementation the Omnibus Law to simplify the licensing process in an effort to facilitate foreign investment in Indonesia. This research is a normative legal research, which uses primary, secondary, and tertiary legal materials. The results of the study show that efforts to simplify the licensing process for foreign investment in Indonesia become a reference for the government with foreign investors in facilitating sustainable development efforts in the tourism sector which aims to increase large amounts of investment, the availability of jobs, and is expected to improve the country's economy. So in the application of the Omnibus Law, it is expected to be able to accommodate interests that aim to prosper the community.
Periodization of General Elections: Ideas and Refinements in Indonesia Mutawalli, Muhammad; Naswar, Naswar; Ilmar, Aminuddin; Lohalo, Georges Olemanu
Susbtantive Justice International Journal of Law Vol 6 No 2 (2023): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v6i2.245

Abstract

General election is one part of the practice of democracy in Indonesia. In this case, the general election is a manifestation of people's sovereignty. In general, the principles of elections include the principles of direct, public, free, confidential, honest and fair. This research seeks to explore legal constructions related to the periodic principle of general elections which must be held periodically every five years, which is a separate principle in general elections. This research is normative legal research with a statutory and conceptual approach. The results of the study confirm that to achieve and ensure that general elections are held a justice process and proportionally, the orientation of legal construction on the periodic principle has actually been explicitly stated in the 1945 Constitution of the Republic of Indonesia and is based on a systematic interpretation. In this case, in terms of periodic aspect orientation, it is part of the general election principle that is obligatory and must be implemented. This has the implication that the principles of general elections include the principles of direct, general, free, confidential, honest and fair, and must be held periodically for five years. In this case, the principle of periodicity occupies an important position in the holding of general elections.
Russian-Ukrainian Conflict: International Humanitarian Law and Civilian Settlements Gunawan, Yordan; Gultom, Qinnara Zegia; Amarulia, Shafirah; Arumbinang, Mohammad Hazyar
Susbtantive Justice International Journal of Law Vol 6 No 2 (2023): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v6i2.253

Abstract

The research analyzes the views of the International Humanitarian Law (IHL) and UN Charter violations in the case of the invasion of civilian settlements in the Russia-Ukraine conflict for justice. The conflict, which took place on February 24, 2022, has raised serious concerns about violations of the UN Charter and IHL and the protection of civilians. This research collected data and information from various primary and secondary sources, including reports of international organizations, legal documents, and journal analysis. A qualitative approach was used to analyze the impact of the invasion of civilian settlements on IHL in the case of the Russia and Ukraine case. The results show that the view of IHL in the context of the invasion of civilian settlements in the Russia-Ukraine case has caused great harm to civilians, ranging from damage to homes, infrastructure, and public facilities, including casualties. It also appears that Russia has ignored the guiding principles of the UN Charter. To overcome this problem, several steps can be taken. First, there is a need to increase understanding and awareness of IHL among all parties involved in the conflict. Second, increase efforts to maintain brotherhood between nations. Third, working together to assist in humanitarian terms in the event of armed conflict, famine, and starvation. The resulting policy implications and recommendations can be used as a guide for policymakers and practitioners to improve the humanitarian protection of civilians in the future.
Legal Protection for Buyers of Joint Assets Sold Without Wife's Consent Nurfaiqah, Andi Dimah Laila; Tjempaka, Tjempaka
Susbtantive Justice International Journal of Law Vol 6 No 2 (2023): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v6i2.256

Abstract

This article aims to provide an objective explanation of the legal protection afforded to buyers who intend to transfer rights to land that is jointly owned without the wife's consent. In 2012, the late Haryanto sold the land to PT. Makmur Persada Indonesia conducted the transaction as recorded in Sale and Purchase Deed No. 53/2012, prepared by Notary/Land Deed Maker Hj. Hasnawati Juweni Shande. In 2017, Sherly initiated legal action asserting that the deed for the land sold by the deceased Haryanto reflected joint ownership resulting from his marriage to Sherly; yet, the relevant sale and purchase transaction occurred without Sherly's involvement despite her rights to the property. Normative research was conducted utilising a statutory, conceptual, and case approach. The research specifically analysed secondary data, comprising primary and secondary legal materials, which was analysed descriptively. In relation to Sherly's lawsuit, the Serang District Court issued decision Number 39/Pdt. Srg, which resulted in the rejection of the plaintiff's application. Subsequently, the plaintiff lodged an appeal against the Serang Court's decision. In 2018, Decision Number 39/Pdt/2018/PT BTN of the Banten High Court upheld the Serang District Court's decision to reject the applicant's claim entirely. The Supreme Court confirmed this judgement in 2019 with Judicial Review Decision Number 227K/Pdt/2019, thus dismissing the plaintiff's lawsuit. Thus, it seems that the verdict of dismissing the plaintiff's application safeguards the buyer.
Wages in Employment Relations in the Tourism Sector in Yogyakarta in Justice Perspective Shalihah, Fithriatus; Alviah, Siti; Shob’ron, Imtikhan Anas
Susbtantive Justice International Journal of Law Vol 6 No 2 (2023): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v6i2.261

Abstract

The tourism sector in Indonesia plays a significant role in the country's foreign exchange income. Optimizing this sector is seen as a way to stimulate various economic segments after the Covid-19 pandemic. However, the workers in this industry face multiple challenges in their employment relationships. Issues such as sub-minimum wages and excessive working hours are prevalent among workers in the hotel, restaurant, and travel agency domains. These problems indicate systemic obstacles within the industry. This study focuses on the Special Region of Yogyakarta and examines the legal intricacies within the employment relationships of its tourism sector. Specifically, it explores the Culinary and Cultural Services Sector associated with the Remains of the Tombs of Kings. The primary goal is to clarify the nuances of justice within employment relationships and scrutinize the alignment of rights for culinary service workers and royal grave attendants with Indonesian law or the presence of justifiable legal reasons for deviations. The research methodology involves comprehensive data collection through stakeholder interviews, summarizing diverse challenges in the field. Findings underscore persistent discrepancies, notably within certain restaurants that violate the stipulated minimum wage as per the Indonesian Job Creation Law through fixed-term or indefinite-term work agreements. On the other hand, the employment relationship of Abdi Dalem workers, safeguarding Kings' tombs, aligns with labor laws due to their casual daily worker status, justified by an intermittent work schedule that exceeds legal provisions. In conclusion, this research provides a nuanced understanding of the existing issues within the employment relationships of the tourism sector. It sheds light on both legal infringements and instances where deviations are substantiated by explicit legal rationales.
Promoting Justice through Membership Rights: Insights from International and Municipal Law Nnawulezi, Uche; Mugisha, Cedric; Hakuzimana, Jean Damascene; Yesashimwe, Amina
Susbtantive Justice International Journal of Law Vol 7 No 2 (2024): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v7i2.302

Abstract

The paper aims to examine how international law can be advanced through membership rights, with a particular focus on international organizations and municipal laws. It explores how treaty-based frameworks in international law facilitate cooperation among states, while municipal law operates within the sovereign jurisdiction of individual states. The paper highlights key distinctions in the regulation and enforcement of membership rights within these two systems. It may be argued that while international organizations provide a platform for collective action on global issues, enforcement mechanisms remain limited due to the lack of centralized legislative or executive authorities. These structural limitations create disparities among states, where weaker states may face indirect subjugation in the face of international negotiations. The paper employs a doctrinal approach by identifying and analyzing relevant treaties, laws, case law, and scholarly works. It demonstrates how international and municipal legal systems intersect, especially through human rights treaties, which enable individuals to access global judicial mechanisms. The paper reveals that, despite the existence of global justice mechanisms, enforcement remains challenging due to power imbalances and concerns over state sovereignty. Reservations made by states to international treaties further undermine the effectiveness of these frameworks. The paper concludes with recommendations to strengthen the legal frameworks governing membership rights. These include eliminating state reservations to international treaties, enhancing enforcement mechanisms under international legal frameworks, and ensuring equitable participation by all member states. These measures are necessary to harmonize international and municipal legal systems for the better protection and promotion of human rights.
Women as Terrorists: a Motivational Factor Becomes a Terrorist In Indonesia: bahasa i Wirandari, Ningsih; Qodir, Zuli
Susbtantive Justice International Journal of Law Vol 5 No 1 (2022): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v5i1.162

Abstract

This study aims to determine whether women's motivation to become terrorists can threaten state security in Indonesia. This article shows that women are actors who play an active role in several acts of terrorism in the country. Factors that cause this to become a terrorist are low family, political and social economics, cultural influences, and ideology of religious beliefs. Terrorist acts carried out by women involve suicide bombings, destruction of public facilities, and destruction of houses of worship in several areas affected by terrorist acts. Researchers conducted research by analyzing data obtained from social media sources for data collection. After the data was received, it was processed through NVivo 12 Plus to make it more interesting. The theory used in this study uses the ladder of terrorism theory. The limitation of this research is that it uses only a few social media as data sources, so further research is expected to add richer data to expand the study.
Social Injustice: The Dilemma of Family Resilience in Early Marriage to Supporting Regenerative Development Marlina, Siti; Adawiyah, Robi’atul; Maryani, Maryani; Elvira Zahara, Anzu; Guswendra, Rahmat
Susbtantive Justice International Journal of Law Vol 8 No 1 (2025): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v8i1.293

Abstract

This research aimed to thoroughly explore the problem of social injustice in the context of early marriage. It positioned the subject matter as a significant dilemma that undermines family resilience and hinders the pursuit of equitable regenerative development. Accordingly, the objectives of the investigation include analyzing how social injustice manifests in the practice of early marriage and how this practice serves as an obstacle to equitable regenerative development. In order to achieve the stated objective, the investigation was conducted using a normative approach. The obtained results showed that social injustice, in the context of early marriage, significantly disrupted family resilience, thereby presenting a substantial challenge to the realization of regenerative development. Based on the observations made, early marriage, which was found to be predominantly driven by socio-economic pressures, cultural norms, and lack of education, weakened family resilience. As a result, the respective capabilities of families to contribute to regenerative development were substantially diminished.

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