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Substantive Justice International Journal of Law

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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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Recruitment of Village Apparatus in the Regions and Implementation Suwari Akhmaddhian
Susbtantive Justice International Journal of Law Vol 2 No 2 (2019): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

The purpose of this article is to find out how the rules for the appointment of a village apparatus in the area and to know the implementation of the appointment at every level of village apparatus in the area. The research method used is empirical normative data collection through literature study, observation and interviews. The research location is Kuningan Regency, West Java. The results of the study are that the regulation on the selection of village apparatus is regulated in Law Number 6 of 2014 concerning Villages while the implementation of the local government issued Regional Regulation of Kuningan Regency Number 13 of 2015 concerning Village Apparatus and Kuningan Regent Regulation Number 73 of 2015 concerning Procedure for Appointment, Dismissal and Transfer of Position of Village Apparatus. Factors that predominantly influence the implementation of the appointment of the village apparatus are the lack of community knowledge related to regulations related to the selection of village apparatus so that there is a need for educational activities to the community related to regulations at the regional level.

Standing Commitment of Sale and Purchase Agreement (PPJB) in Purchasing Flats Unit as Legal Protection for Consumers Ni Putu Teresa Giovana
Susbtantive Justice International Journal of Law Vol 2 No 1 (2019): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Research on the commitment of binding sale and purchase (PPJB) in terms of the marketing of flats is a step in legal protection for consumers who will buy flats. This PPJB will bind both parties, namely sellers and buyers for the legal sale and purchase. However, often in terms of the marketing of flats, some rogue developers market flats when the apartment building does not yet have a building permit. This is very contrary to Law Number 20 of 2011 concerning Flats, which says that the marketing of flats must be carried out if the apartment has an IMB. This causes uncertainty of protection for consumers in terms of purchasing flats. Plus PPJB is generally made only with a standard agreement made unilaterally so that consumers cannot freely express their opinions, besides that consumers are also susceptible to losses due to PPJB made without the said IMB. This research was conducted to examine the PPJB in terms of protection for consumers of the flats. This research is normative, namely by way of implementing a legal and conceptual approach. The legal material of this study uses primary legal materials, secondary legal materials and tertiary legal materials by conducting legal material collection using a single method, namely literature study. Protection for consumers is done by using PPJB made by a Notary to minimize the impact that might occur in the future.

Impeachment in The State System Nurwita Ismail
Susbtantive Justice International Journal of Law Vol 1 No 1 (2018): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Impeachment Dalam Sistem Ketatanegaraan. Tulisan ini bertujuan: Untuk mengetahui dan menganalisis bagaimana pengaturan impeachment dalam sistem ketatanegaraan indonesia; Untuk mengetahui dan menganalisis bagaimana proses hukum dalam mekanisme impeachment sebelum amandemen dan sesudah amandemen UUD 1945; dengan menggunakan metode Normatif Studi yang dilakukan dalam penelitian ini adalah kepustakaan. Impeachment Presiden dan/atau wakil Presiden dari jabatannya bukanlah hal yang baru dalam sistem ketatanegaraan Indonesia. Baik sebelum amandemen maupun setelah amandemen UUD 1945. Undang-undang Dasar Negara 1945 hasil amandemen telah memuat secara khusus ketentuan mengenai Impeachment Presiden/dan atau Wakil Presiden sebagai kepala negara. Namun mekanisme proses impeachment ditentukan secara liminatif dalam konstitusi meskipun alasan-alasan tersebut memiliki penafsiran yang sangat luas dan dapat saja subjektif terutama dalam sebuah lembaga politik DPR,olehnya ada beberapa hal yang perlu diperhatikan dalam proses impeachment di indonesia, diantaranya adalah proses impeachment di Dewan Perwakilan Daerah dan proses Impeachment di Mahkamah Konstitusi.sehingganya perlu adanya ketentuan produk hukum atau pembuatan hukum acara yang mengatur mengenai impeachment Presiden dan/atau Wakil Presiden.

Understanding to Intergroup Conflict: Social Harmonization and Law Awareness of Society Syahruddin Nawi; Muhammad Syarif; Aswad Rachmat Hambali; Salle Salle
Susbtantive Justice International Journal of Law Vol 2 No 2 (2019): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

The development and progress of the city of Makassar in line with the occurrence of disturbing conflicts, conflicts and even war between groups provide an overview of research problems regarding the erosion of nationalism, erosion of national ideology, low national character, erosion of local culture, shallow religious values, low sense of solidarity, moral decline , and ethnic fanaticism and declining character quality and declining character quality, all of which have the potential to threaten National Integration and Social Harmony. This research method is descriptive and form of presentation in a systematic, factual and accurate description of the facts obtained. The results showed that conflict/war between groups or residents still occurred in at least six 6 regions in Makassar that had caused various losses because war between groups or residents involved children or adolescents using dangerous objects. There are 30 factors, namely juvenile delinquency, multi aspects, peaceful disturbance, offensive, revenge, social, economic, jealousy, work area disputes, unemployment, ethnicity, religion, culture, wild race, women, competition, misunderstanding, social change, deprivation land, women who seize men (infidelity of women), youth group clashes, politics/parties, deception, social classes/strata, selfishness, arrogance, ridicule, slander, conflict of interest, and government land disputes. Recommendations are needed Conflict Resolution Forum (FOLEKO) as a preventive and repressive measure, provide guidance and counseling for members of the community, about legal awareness, social ethics and courtesy in family life and community life, and inculcation of religious values â€‹â€‹and national integrity, the authorities need to be more intensive in conducting surveillance and need to carry out routine checks on the possession of dangerous sharp objects, and it is necessary to have the Social Harmony Creation Model module and legal awareness as recommendations of this research.

Virtual Court Policy For Criminal Justice on Corona Virus Disease Pandemic Sandhy Handika; Muhammad Ibnu Fajar Rahim; Rudi Pradisetia Sudirdja
Susbtantive Justice International Journal of Law Vol 3 No 1 (2020): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

The Corona Virus Disease (COVID-19) pandemic that has plagued the world has changed the mindset, how to behave and how to act, not only in social interaction but also has influenced the law enforcement system. Development in Information Technology (IT) has found a teleconference system as a means of conducting virtual courts as a reaction to social or physical distancing movements which is one way to prevent the spread of COVID-19. Although in practice the use of a virtual court in a trial is considered capable of preventing the spread of viruses, the use of a virtual court must keep be based on applicable laws and regulations. This paper is a normative legal research with legislation approach, case approach, comparative legal approach, and conceptual approach to legal material collected through literature study and then analyzed using grammatical, systematic, and extensive interpretation methods. Based on the results of the study, several countries such as the United Kingdom, China, Australia (New South Wales) and America (New York) and Indonesia (although limited to the examination of witnesses) have applied virtual courts in the justice system. Implementation of the trial using the virtual court method by teleconference did not violate the provisions of the trial set out in the Criminal Procedure Code (KUHAP). According to the Draft Law KUHAP has accommodated the trial using the virtual court method as an embodiment of legal principles in the judiciary that is carried out quickly, simply, and at a low cost. The use of virtual court is not the first or primary choice in examining criminal cases in Indonesia, in abnormal emergency conditions due to the COVID-19 pandemic as it is today, an examination by the virtual court method is a solution so that the criminal justice system continues to run without reducing the efforts to prevent the spread of the virus. Trials using virtual court facilities continue to accommodate the human rights of victims, witnesses and defendants through their virtual presence so that a fair trial continues in the courtroom.

Legal Protection of Labor in Employment for Termination of Employment Due to the Acquisition of the Company I Putu Rasmadi Arsha Putra; I Ketut Tjukup; Dewa Gede Pradya Yustiawan
Susbtantive Justice International Journal of Law Vol 3 No 1 (2020): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

The emergence of competition makes companies do various things to maintain their existence and the stability of companies in the world of economy. One of the ways the company survives in the agreement is to make an acquisition. In addition to generating profits for the company that acquires the acquiring company, acquiring can also balance employment including termination of employment that is detrimental to workers. The subject matter of this research is protection for workers carried out with the approval and how to solve the problems requested by companies that carry out procurement actions. This research is normative legal research, which is assisted by field research with interview techniques. The agreement used was approval on the invitation (statute approach), conceptual agreement (conceptual approach) and case approach (case approach). Data is collected by literature study, by reading references that are used such as invitation rules, books, journals, which are related to the debate raised, then analyzed by description analysis techniques. Regarding the results obtained in Indonesia's positive law legal protection for workers resulting from acquisitions by companies still relies on the Labor Act, there is no sense of justice for workers when there are terminations due to the acquisition. Termination of employment is resolved by legal action in the form of non-litigation and legal litigation under the Settlement of Industrial Relations Disputes Act. This research is important because the labor law is far from the concept of the Pancasila legal rule in which the Pancasila legal rules always uphold public welfare and social justice in the protection of workers, workers in Indonesia are still underestimated and do not have enough space to protect.

Comparing Reforms of Juvenile Justice in Bangladesh and Malaysia Nahid Ferdousi
Susbtantive Justice International Journal of Law Vol 3 No 1 (2020): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

The article attempts to critically compare juvenile justice reforms in both jurisdictions of Bangladesh and Malaysia. It explores legal reforms in line with the international standards to ensure the effective juvenile justice system as well as child well-being in the respective legal systems. The juvenile justice practice of Bangladesh and Malaysia are a testament that diverse juvenile laws, norms and systems exist. After ratification of UNCRC, significant progress has been achieved in both countries. Malaysia adopted mechanisms for rehabilitation in terms of job-based education and alternatives measures by the Child Act 2001. Child-oriented justice and alternative measures have started with the commencement of Children Act 2013 in Bangladesh. For both countries, there is a need for establishing a child-friendly justice system, which would ensure sustainable juvenile justice.

Legal Liability of Advocates in Legal Services Contracts Mohammad Zamroni
Susbtantive Justice International Journal of Law Vol 3 No 1 (2020): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

The main role of an advocate is to help clients get a fair legal process. This role gives birth to high expectations of advocates so that clients give full confidence to advocates to represent their interests. But in practice, it is not uncommon for advocates to abuse the trust given by their clients. As recorded in the 2019 PERADI annual report which shows that advocates reported by their clients to the PERADI Honorary Board are increasing. Avocados do have immunity rights as regulated in Article 16 of Law No. 18 of 2003 concerning Advocates jo. the decision of the Constitutional Court through decision No. 26 / PUU-XI / 2013. But of course, advocates cannot always protect their immune rights, especially if advocates violate the law and harm the interests of their clients. This study aims to analyze the legal responsibilities of lawyers who violate the law while carrying out their profession and are bound in a legal services contract. This research is normative legal research. The approach used in this research is the conceptual approach, the legislation approach, and the case approach. This research concludes that even though law violations were carried out by lawyers while carrying out their profession and based on a contract, advocates remain responsible, both civil and criminal. While the right to immunity can only be used as a basis for legal protection when advocates in good faith in defending the interests of their clients.

Legal Consequences Dispute Settlement Body Decision 477-478 Concerning Protection and Empowerment of The Farmers Sihnomo Abu Hilmy
Susbtantive Justice International Journal of Law Vol 3 No 1 (2020): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Agriculture has an important role in providing food for the community. The Increasing of open world trade, especially in food products, causes prices of domestic food products to be affected by the situation and conditions of international food prices. To protect farmers, the Law Number 19 of 2013 concerning Protection and Empowerment of Farmers has been enacted. In the implementation of the law, especially Article 30 Paragraph (1), received many complaints from Indonesian trading partners, such as the United States and New Zealand who stated that these rules were inconsistent with the GATT provisions. The research method in writing this journal is a normative juridical approach method. In summary, the conclusions from the results of the first discussion, the protection of farmers in addressing world trade is regulated in Article 30 Paragraph (1) of the article aimed at protecting farmers as food producers from loss of price risk due to uncontrolled import of agricultural commodities. Second, Responding to the DS 477-478 WTO ruling it is necessary to revise Article 30 Paragraph (1) because it is contrary to the principle of quantitative restrictive prohibition. Changes to the article should still be used as an instrument to protect farmers as food producers by harmonizing the provisions contained in the WTO

Discover the Legal Concept in the Sociological Study Kadek Agus Sudiarawan; Putu Edgar Tanaya; Bagus Hermanto
Susbtantive Justice International Journal of Law Vol 3 No 1 (2020): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

ABSTRACT This paper specifically examines the concept of law in a sociological study to find out how the law develops and how the law implemented or enforced as a unity in the legal system. This paper-based on the normative juridical method, using legal materials collected and analyzed using qualitative methods. The results show that the sociological of law studies as part of the activities of drafting legal products and the preparation of legal products is not just a juridical process. The processes of transformation from social desires into laws and regulations both in political and sociological contexts do not only occur during the formation of a regulation, continue and continually correct the legal products that produced. Law enforcement related to the sociology of law that observes the reality of how the law is working on different social structures, this scientific approach is expected to not only provide advice related to the development of legal science alone, but also must be applied, but unfortunately in the development of this science itself is not able to develop dynamically because observations that are not equally displayed in providing input to the development of legal protection in Indonesia.

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Contact Name Aan Aswari

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Editorial Address Faculty of Law, Universitas Muslim Indonesia

Location Kota makassar, Sulawesi selatan INDONESIA

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Contact Name
Aan Aswari

Contact Email
-

Phone
+6285341767070

Journal Mail Official
substantive.justice@umi.ac.id

Editorial Address
Faculty of Law, Universitas Muslim Indonesia

Location
Kota makassar,

Sulawesi selatan

INDONESIA