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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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Women as Terrorists: a Motivational Factor Becomes a Terrorist In Indonesia Ningsih Wirandari; Zuli Qodir
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.
Legal Protection of Mahakam Dolphins Through Water Conservation Areas in Kutai Kartanegara Regency Rosmini Rosmini; Zainuddin Zainuddin; Syifa Nur Aini
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.v5i1.170

Abstract

Mahakam dolphins are aquatic mammals (not fish) that live in freshwater rivers in the tropics and live in groups. The Mahakam dolphins, as endemic to the Mahakam River, is already threatened with extinction and needs protection to prevent the extinction from occurring. This paper explores the problems, namely the legal protection of the Mahakam Dolphin in Kutai Kertanegara Regency and the determination of conservation of the Mahakam Dolphin habitat area in Kutai Kertanegara Regency. The research method used is normative legal research (doctrinal) with the collection of legal materials. The results showed that the government of Kutai Kartanegara Regency has tried to protect the Mahakam dolphin through the establishment of the Mahakam Dolphins Habitat Water Conservation Area. This stipulation serves as an instrument in providing guidelines for the Regional Government and stakeholders in Kutai Kartanegara Regency in the context of organizing activities for the protection and preservation of the Mahakam dolphins.
The Legal Protection Towards Traditional Clothes: Intellectual Property Regimes in ASEAN Ria Wierma Putri; Yunita Maya Putri; Mahathir Muhammad; Tristyanto Tristyanto
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.v5i1.165

Abstract

Traditional clothing is one of the essential identities in Southeast Asian countries, knowns as ASEAN members; it was once used to showcase individual status in the community. It is still important today and worn on particular occasions to preserve tradition, and now it's emerged as one of the commercial goods. Yet, it becomes a vulnerable commodity when it becomes the object of cultural piracy, dispute of ownership, and disagreement of origin. The problem will continue to be detrimental to indigenous peoples who own it and possibly rift the relationship between ASEAN countries. The protection of traditional clothing in ASEAN is still weak, and there has been no specific legal instrument to regulate it. The intellectual property right (IPR) regime protects traditional clothing as a traditional cultural expression (TCE). TCE protection is part of the international regulation of intellectual property; however, without it well-implemented at the domestic level, TCE can easily be claimed as belonging to other parties who first published and registered them. This research will examine the legal protection of traditional clothes under IPR regimes in ASEAN in their national legal regulations. This research uses a comparative approach that primarily examines the laws and regulations governing the protection of Intellectual Property Rights in ASEAN countries. This research indicates that no single country in ASEAN has a specific law related to traditional cultural expressions (TCE) protection on traditional clothes. The protection for traditional clothes will be embedded in other IPR regimes such as Copyright, trademark, or non-IPR legislation.
The Impact of Criminal Policy on Money Laundering Against the Resilience of the Law Kusbianto Kusbianto; Ariman Sitompul; Adiputra Adiputra; Miftahuddin Miftahuddin
Susbtantive Justice International Journal of Law Vol 5 No 2 (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.v5i2.192

Abstract

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.
Prospects for the New Capital City Policy in Law and Economic Perspectives Muhammad Kamal
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.v5i1.205

Abstract

The relocation of the nation's capital city has been a dream for a long time, but it was only realized after 77 years of Indonesia's independence through Law No. 3 of 2022 concerning the State Capital (IKN Law). Nevertheless, the policy needs to be studied, considering that the current capital relocation will be carried out in the midst of various domestic polemics, as well as global issues such as inflation and the weakening of the global economy after COVID-19, as well as the war between Russia and Ukraine. This study uses a socio-legal research method by combining an interdisciplinary approach between normative studies and economic studies through an analysis of opportunities, threats, strengths, and weaknesses (SWOT). The findings reveal that, from a law perspective, the policy of the new capital city in the IKN Law is an obligation that must be carried out by the government, regardless of who will serve in the future. However, there are several notes to the IKN Law that are not yet in line with the principles of legislation. Meanwhile, from an economic perspective, the IKN policy is indeed based on the ideals of economic equity and sustainability, but financial factors, foreign debt, and global inflation are still a serious threat to the sustainability of the current New capital city policy and for the next few years.
Law Enforcement Against Members of The Indonesian National Police Commit Crimes Muhammad Yunus Idy
Susbtantive Justice International Journal of Law Vol 5 No 2 (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.v5i2.194

Abstract

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.
Towards Balanced Bicameralism: Reconstruction of Law-making powers in Indonesian Representative Institutions Marzuki Marzuki
Susbtantive Justice International Journal of Law Vol 5 No 2 (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.v5i2.187

Abstract

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.
Immigrant Child Legal Identity Registration as A Tool to Promote Sustainable Development Goals 16.9 Mouva Putri Ramadhita; Rianda Dirkareshza
Susbtantive Justice International Journal of Law Vol 5 No 2 (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.v5i2.182

Abstract

Immigrant child in Indonesia and other nation surely has to reach their rights, including in the provision of legal identity, and this matter is stated in as the 16.9th goal of the SDGs. Child registration is an important document that every single child should acknowledge and own as well as identical form and an integral part of citizens’ civil and political rights. However, Indonesia only focuses on immigrant mandatories and has not discussed the fate of child immigrants in terms of identity on granting their rights. This paper intends to find the urgencies on immigrant child legal identity registration in Indonesia and provide a law comparison to maximize the legal identity regulation for immigrants as their basic rights. This paper uses a normative juridical and comparative approach that scopes the immigrant child’s legal identity registration in order to reach the 16.9th SDGs and fulfill the basic rights of the immigrant child that should be reached by them as human beings. The findings of the research show that some immigrant child still not able to reach the 16.9th SDGs goal. Some regulations in Indonesia are not able to scope the loopholes in the societies., Moreover, sustainable development is an important goal for societies that surely fulfill basic rights, and Indonesia, compared with the United States of America and China, has no scope for basic regulation for the immigrant child, regarding legal identity registration.
Fixed-Time Employment Agreement Based on Legal Awareness to Realize Harmonious Employment Relationship Fithriatus Shalihah; Megawati Megawati; Suryadi Suryadi; Siti Zuliyah; Fauzan Muhammadi
Susbtantive Justice International Journal of Law Vol 5 No 2 (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.v5i2.184

Abstract

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.
Consumer Legal Protection from the Decoy Effect Through Digital Literacy Afrilia Cahyani; Fadia Fitriyanti; Jamaluddin Ahmad; Pratiwi Ramlan
Susbtantive Justice International Journal of Law Vol 5 No 2 (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.v5i2.196

Abstract

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.

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