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[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[Constructive Termination of Employment by Indonesia Companies: A Comparative Study ]]>
<![CDATA[Desak Putu Dewi Kasih]]>;
<![CDATA[Nyoman Satyayuda Dananjaya]]>;
<![CDATA[Kadek Agus Sudiarawan]]>;
<![CDATA[I Putu Bimbisara Wimuna Raksita]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 4 No 2 (2021): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.33096/substantivejustice.v4i2.143
<![CDATA[This research aims to identify the regulation and dispute resolution regarding constructive termination of employment by a company in the perspective of Indonesian Labor Law. This research also compares the constructive termination of employment by companies based on International Law and Japan Labor Law. This is normative legal research with a statutory approach, conceptual approach, and also comparative law approach. The result shows that the constructive termination of employment has not been specifically regulated in the Indonesian Labor Law system, hence it becomes an exploitation gap that is used by companies to be able to terminate employment relations without protecting the worker’s right. The dispute resolution mechanism in terms of constructive termination of employments still refers to the provisions of the Industrial Relations Dispute Settlement Law, namely through bipartite negotiations, tripartite, and industrial relations courts. The constructive termination of employment has been substantively regulated in the ILO Convention C-158 concerning the Termination of Employment, which regulated in Article 4 to Article 6. Further in Japan, the constructive termination of employment is regulated in the Japan Labor Union Act, Act Number 174 of 1949 in Article 7 paragraph (i), (iii), and (iv) with its national enforcement.]]>
<![CDATA[Formulation of Customary Criminal Law in Future Criminal Code and Legal Enforcement in Indonesia ]]>
<![CDATA[Gede Eka Rusdi Antara]]>;
<![CDATA[I Nyoman Budiana]]>;
<![CDATA[Ida Ayu Sadnyini]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 4 No 2 (2021): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.33096/substantivejustice.v4i2.149
<![CDATA[The pros and cons were debated in limiting national legal substance with full recognition of Customary Criminal Law in the bill of Criminal Code and its future enforcement. On the other hand, there are arguments against the inclusion of Customary Criminal Law in the Criminal Code and the resulting disparities in legal enforcement caused by some Judges’ ignorance of judging customary criminal cases settled with the imposition of customary sanctions, which resulted in an unjust situation. This article aims to serve as a legal academic framework for establishing, identifying, and analyzing the formulation of Customary Criminal Law into the Indonesian Criminal Code, as well as to contribute to the discussion of judges’ roles in sentencing customary criminal cases, which they should determine and judge based on customary law. This article demonstrated the use of normative legal research in conjunction with statutory law, legal conceptual, and philosophical approaches to law. This article discovered that: first, several issues concerning the formulation of Customary Criminal Law into several national Bills of Criminal Code were debatable; second, it also cannot be enacted due to conflicting contexts with Criminal Law principles, unwillingness, and an ambiguous law-making process. Furthermore, the prospect of including the Customary Criminal Law in the Bill of Criminal Code is based on various justifications and legal needs that reflect the diverse local genius that still exists and adheres to Pancasila law principles. Additionally, it relates to a proposed new paradigm that Judges and other legal enforcers should adopt when enforcing Customary Criminal Law in any criminal customary case.]]>
<![CDATA[The Regulation of Straf Minima For Minors As Manus Ministra In The Crime Of Terrorism ]]>
<![CDATA[I Made Wirya Darma]]>;
<![CDATA[Dewi Bunga]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 4 No 2 (2021): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.33096/substantivejustice.v4i2.144
<![CDATA[In cases of terrorism involving minors, it must be understood that they are victims. Terrorism eradication regulations, which do not provide the possibility for diversion for children as manus ministra, need to consider the condition of the minors' psychological growth, which, of course, still has the potential to be of good value if properly nurtured. This study aims to determine the arrangement of the straf minima of minors as manus ministra in the crime of terrorism. The research method used is juridical normative or literature research related to normative legal substances, to find the truth based on scientific logic from a normative perspective by examining library materials or secondary data consisting of primary legal materials and secondary legal materials. The results of this study show that there are differences in the imposition of criminal sanctions for criminal acts of terrorism committed by a minor, namely Articles 19 and 24 of the Law on the Eradication of Criminal Acts of Terrorism. The Law on Combating Criminal Acts of Terrorism does not apply to minors who are involved in terrorism. This means that the general straf minima contained in the Criminal Code are used, namely for imprisonment to be imposed for at least 1 day. Article 19 and Article 24 of the Law on Combating Criminal Acts of Terrorism also abolish the provisions of the death penalty and life imprisonment for a person who is not yet 18 years old.]]>
<![CDATA[Court Decision to Replace the Deed of Sale and Purchase of Land in the Agreement and Switch of Cessie Rights ]]>
<![CDATA[Kholida Nabila]]>;
<![CDATA[Muhammad Sofyan Pulungan]]>;
<![CDATA[Isyana Wisnuwardhani Sadjarwo]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 4 No 2 (2021): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.33096/substantivejustice.v4i2.156
<![CDATA[Deed of Recognition of Debt is a deed that is generally made by the notary public, followed by binding guarantees that are attached (accessoir) the main agreement. In practice, the Deed of Recognition of Debt can be transferred to another party who is willing to buy it, so that The Sale and Purchase Agreement of Rights to Cessie and Agreements of Transfer of Rights to Cessie is notarized made. The last party who has the cessie rights sometimes does not get his rights because the debtor is no longer known to exist. That is why the party who has the cessie rights claims it to District Court so that it can be determined as the owner of the object of collateral. This case happened at the North Jakarta District Court No. 123/Pdt.G/2018/PN. JKT.UTR where the Panel of Judges decided that the Court's Decision could be a substitute of the land deed sell and purchase based on the sale and purchase agreement of rights to cessie and agreements of transfer of rights to cessie. This court decision is certainly a new legal breakthrough, especially in the notarial and land affairs fields. This type of research is normative with qualitative data analysis, and concluding deductive means. Based on the author's analysis, The Sale and Purchase Agreement of Rights to Cessie and Agreements of Transfer of Rights to Cessie is valid is authentic deeds that are valid and in accordance with applicable law. The public notaries also run their authority properly, so that the deeds have fulfilled the external, formal, and material aspects. Land deed officer who will make the deed on Land Certificate Number. 5217/Bojongnangka has been protected by law because the Land deed officer is obliged to obey the Decision of the Panel of Judges as the competent general authority, and the land deed officer only run his authority after the Land Office of Tangerang Regency has processed the owner's name change of initials TN to SS.]]>
<![CDATA[Discover Crimes against Humanity as Gross Violations of Human Rights: International and Indonesia Perspectives ]]>
<![CDATA[Gde Made Swardhana]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 4 No 2 (2021): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.33096/substantivejustice.v4i2.133
<![CDATA[The human rights law is not identical with international humanitarian law. This article attempts to explore both the relation and the difference between gross human rights violation and violation of international humanitarian law. While, for Indonesia context, crimes against humanity was arranged in the Human Rights Court Law, however, it is still raise discourses related with the limitation of crime against humanity that different with international law instruments, and it also raises problem for Judges and Human Rights Court to define the crimes against humanity as the legal ground for several gross violation of human rights that adjudicate within this framework. This article use normative legal research method to conduct, analyze, and arrange crime against humanity formulation with statutory law approach, legal conceptual approach, and legal cases approach. This article concluded with the limitation that highlighted whether gross human rights violation can be prosecuted and punished using international humanitarian law. This article also stressing normative and conceptual aspect related with development of crimes against humanity, its element of crime and its application by judicial system.]]>
<![CDATA[Paradoxical Implications of Article 7 Paragraph 1 of the Marriage Law in Indonesia ]]>
<![CDATA[Kamaruddin Kamaruddin]]>;
<![CDATA[Andi Yaqub]]>;
<![CDATA[Iswandi Iswandi]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 4 No 2 (2021): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.33096/substantivejustice.v4i2.167
<![CDATA[This study aims to identify the paradoxical and anomalous factors in the marriage law in Indonesia, which are specifically described in Article 7 paragraph 1; which is then based on factual data regarding the marriage law and then strives to be able to produce more effective solutions in overcoming the implications of the paradox, especially in the marriage law. This study uses a normative legal research approach derived from the laws or regulations in the marriage that apply in Indonesia. This study has comprehensively described the fundamental factors of changes to the marriage law, which gave birth to conclusions regarding socially occurring facts, which are described in detail in the discussion and conclusion sections.]]>
<![CDATA[Regional Cooperation in The Utilization of Trans-ASEAN Gas Pipelines: An International Law Perspective ]]>
<![CDATA[Mutiara Khadijah]]>;
<![CDATA[Huala Adolf]]>;
<![CDATA[Setiawan Setiawan]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 5 No 1 (2022): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.56087/substantivejustice.v5i1.168
<![CDATA[The Trans-ASEAN Gas Pipelines was a project of interconnected cross-border pipelines connecting ASEAN countries in a bilateral manner based on the cooperation stipulated in the Memorandum of Understanding of Trans-ASEAN Gas Pipelines. This paper will identify Trans-ASEAN Gas Pipelines with the two (two) cooperation models already practised worldwide, namely the interconnected model and the unified project model. The method used in this article was normative juridical, including the comparative approach and statute approach, by obtaining data from secondary sources. More specifically, this article would elaborate on which cooperation model could be adopted by Trans-ASEAN Gas Pipelines that would effectively govern the project. The results showed that the cooperation of Trans-ASEAN Gas Pipelines was unlike that practised by countries generally since the project consisted of both cross-border pipelines and regasification terminals. The decision to incorporate regasification terminals into the project was made to provide an alternative to the region's depleting gas supply. The model was not known in the cross-border pipeline regime and therefore could not be identified with the already known two models. Although Trans-ASEAN Gas Pipelines were a series of interconnected pipelines in nature, the implementation was not in accordance with the theory. A cross-border pipeline and terminal regasification should not be put together in the same energy transport project as they both have different characteristics, thus making the governance of the project complicated while a harmonized legal framework plays an essential aspect in cross-border infrastructure. Trans-ASEAN Gas Pipelines will only focus on cross-border pipelines and will follow the model of a cooperative project.]]>
<![CDATA[The Legal Framework for the Protection of Turtles as Protected Animals from Culinary Business Production ]]>
<![CDATA[Cok Dian Laksmidewi]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 5 No 1 (2022): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.56087/substantivejustice.v5i1.163
<![CDATA[Turtles are protected animals, regulated both in international agreements and by Government Regulation of the Republic of Indonesia Number 7 of 1999 on the Preservation of Plant and Animal Species. Six of seven species of turtles that still exist are in Indonesia. Protection of these animals has to deal with conditions in which their meat and eggs are still used as culinary products. Consumption of turtles is still a culture of society. The high demand for dishes made from turtles causes them to be traded illegally. In this study, the legal framework for the protection of turtles as endangered species and turtle ecotourism policies based on local wisdom will be studied. This research is empirical legal research that examines the application of the legal framework to protect turtles as protected endangered species. This research also examines the legal culture of the people who actually use turtles as a culinary business product. The data used consists of primary and secondary data. Primary data comes from interviews with criminal law experts, while secondary data consists of primary and secondary legal materials. The legal materials are collected through literature study. The legal framework for protecting turtles as endangered species is carried out by bringing this issue into international forums. A number of international agreements have been reached by countries to protect endangered animals. The Union for Conservation of Nature and Natural Resources (IUCN) even issued a Red List and put turtles on the list. The Indonesian government ratifies international legal instruments and develops policies at the national level to protect sea turtles. In addition, the government also raises public awareness not to consume turtles with a local wisdom approach]]>
