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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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Periodization of General Elections: Ideas and Refinements in Indonesia Muhammad Mutawalli; Naswar Naswar; Aminuddin Ilmar; Georges Olemanu Lohalo
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.
Wages in Employment Relations in the Tourism Sector in Yogyakarta in Justice Perspective Fithriatus Shalihah; Siti Alviah; Imtikhan Anas Shob’ron
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.
An Overview of Human Rights Violations Against Racial Discrimination: Case Study of Racism Against Vinicius Jr Gunawan, Yordan; Azham, Kevin Syahru; Akbar Napitupulu, Ichwan Rizki
Susbtantive Justice International Journal of Law Vol 7 No 1 (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.v7i1.251

Abstract

The author’s overarching goal is to analyze the Racial discrimination that remains a significant issue worldwide, leading to severe human rights violations. The problem formulation aims to investigate the prevalence and impact of racial discrimination, using a case study of racism against Vinicius Jr (a professional football player). By examining this specific case, we can gain insight into the broader problem of racial discrimination, explore the challenges individuals face, and assess the efforts made to address this violation of Human Rights. By studying the case of racial discrimination against Vinicius Jr, this research aims to shed light on the broader issue of human rights violations resulting from racial discrimination. The research uses normative legal research, which studies the case approach and collects data from journal articles, books, and websites. The study's outcomes will contribute to a deeper understanding of the challenges individuals like Vinicius Jr face and provide insights into effective strategies to combat racial discrimination in football and society. Ultimately, the research aims to promote equal treatment, inclusivity, and respect for human rights, fostering a more just and equitable environment for all.
The Influence of Positivism and Empirism in The Enforcement of Islamic Inheritance Law in Indonesia Zaman, Jamrud Qomaruz; Sholeh, Achmad Khudori; Fadil, Fadil; Salam, Nor; Binti Ros Azman, Aina Sofea
Susbtantive Justice International Journal of Law Vol 7 No 1 (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.v7i1.267

Abstract

Positivism and empiricism are modern paradigms become the basic guidelines for the schools of legal philosophy, namely legal positivism and legal realism. However, the current condition in Indonesia is dominated by the paradigm of legal positivism so that everything must be by written law. The practice of inheritance division that is always based on the concept of 2:1 as in the Compilation of Islamic Law is felt to be incompatible with community justice. The purpose of this research is to enrich the study of the positivism and empiricism paradigms as a renewal of Islamic inheritance law in Indonesia. The benefit of this research is to inform that the integration of positivism and empiricism in law will produce competent law enforcement. This research is a normative research with a conceptual approach and data sources in the form of literature and data analysis techniques, namely evaluation. The results of this research are; (1) The factor that causes judges in Indonesia to use the judicial restraint approach excessively as a characteristic of legal positivism is the legal culture of the application of the civil law legal system. (2) The solution to the problem offered is to borrow Fazlur Rahman's double movement theory, namely historical contextualisation by taking universal values from the norm. Therefore, it is time for judges to be free to move to realize moral justice within the limits set by the Constitution and the Law on Judicial Power.
Sexual Violence Against Female Labour in the Perspective of Employment Law and Legal Justice Sugiharto, Gatot; Shalihah, Fithriatus; Elda Octivia, Annisa
Susbtantive Justice International Journal of Law Vol 7 No 1 (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.v7i1.271

Abstract

This article aims to examine legal protection for workers who are victims of sexual violence in the workplace, as well as the legal implications for perpetrators of sexual violence from the perspective of Criminal and Employment Law in Indonesia. The research method used is normative research. The research results show that legal protection for workers from sexual harassment is regulated in various existing regulations. One aspect that is regulated is the right of witnesses and victims to obtain security protection for themselves and their families, as well as freedom from threats related to the testimony they give. Furthermore, the procedures for resolving cases of sexual harassment in the workplace are limited to legal sources in the form of the Employment Law, through deliberation, negotiation, and if no agreement is reached, filing a lawsuit for termination of employment. This article finds that there is still a lack of focus in highlighting the importance of legal protection for victims of sexual harassment in the workplace to ensure their safety and comfort, including knowledge of the procedures for resolving these cases, in order to achieve optimal legal justice. Focusing on a better understanding of rights and related legal procedures is essential in ensuring adequate protection for workers who are victims of sexual violence.
Protection Bilateral Investment Treaty as Treaty of International Discussion Resolution Supporting Indonesia Reform Ningsih, Ayup Suran; Niravita, Aprila; Masyhar, Ali; Suhadi, Suhadi; Bin Hassan, Muhammad Sayuti; Sulistianingsih, Dewi; Shidqon Prabowo, Muchammad; Ramli, Asmarani; Wedhatami, Bayangsari; Maharani, Ferra Tiara; Wardhani, Harumsari Puspa
Susbtantive Justice International Journal of Law Vol 7 No 1 (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.v7i1.274

Abstract

The implementation of the Bilateral Investment Treaty in Indonesia with foreign investors must still pay attention to the existence of Indonesian state sovereignty. State sovereignty must be maintained by the host state to maintain the existence of the country in the international world. BIT has the main function as an international legal instrument that is useful in foreign investment activities with reciprocal relations in obtaining benefits between the guarantee of legal protection of the home state of foreign investors and the economic growth of the host state. BIT signatories are theoretically balanced and reciprocal, but they are often detrimental to host states, most of which come from developing countries. This research aims to find out the extent of Indonesia's implementation of BIT and still protect the existence of state sovereignty. The method used in this research uses normative and comparative juridical and this research has an analytical descriptive nature. Normative legal research is obtained by studying the Churchill Mining case approach and collecting data from articles, web, books, and websites and then comparing the implementation of BITs in Indonesia as a developing country and the United States as a developed country and comparing the implementation of BITs in fellow developing countries between Indonesia and Brazil. The first victory achieved by Indonesia against Churchill Mining in the resolution of the international investment dispute at the ICSID forum proved the BIT reform in Indonesia that continues to develop. This study showed that: first, The Bilateral Investment Agreement provides legal protection guarantees for foreign investors and settlement of settlement disputes through ICSID, an international investment settlement arbitration agency between the two countries that signed the BIT so that the BIT is a protection guarantee for investors. Second, Indonesia's victory against Churchill Mining proves that it has reformed the BIT that applies to Indonesia in a balanced manner to provide legal protection (host state) and the existence of state sovereignty (home state).
Project-Based Learning Models to Analyze Citizenship Law in Legal Science Subject Dwi Mustikarini, indriyana; Harmawati, Yuni
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.v7i2.291

Abstract

Citizenship law pertains to an individual’s membership within a political society. Acquiring citizenship involves the ability to claim rights and fulfill corresponding obligations. In parallel, the state also possesses rights and obligations toward its citizens. Globalization has significantly impacted the scope of Indonesian citizenship, resulting in certain rights and obligations not being fully accessible to citizens as mandated by the Constitution. The core issue addressed in this study is the analysis of students’ critical thinking skills through the application of project-based learning (PjBL) in the context of citizenship law. Students serve as the primary subjects of this research, as they are the central agents responsible for examining citizenship law, thereby enhancing their critical thinking abilities. The research aims to cultivate critical thinking in the process of designing legislative frameworks and reformulating Indonesian citizenship law. Critical thinking skills are essential for the development of citizenship law, as this legal domain addresses fundamental aspects of human identity and civil rights. Revisions to citizenship law can have widespread implications for individuals, society, and the state. The research employs both qualitative and quantitative descriptive methods. The findings indicate that project-based learning effectively fosters critical thinking in the context of designing and reformulating Indonesian citizenship law.
Transintegration of Customary Law and Sharia: Lesson from Historical Law and Cultural Law Subhan, Subhan; Rahman, Fuad; Alfikri, Albert
Susbtantive Justice International Journal of Law Vol 7 No 1 (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.v7i1.296

Abstract

This study explores the transintegration of customary law and Islamic law in Jambi in the context of history and culture. With a descriptive qualitative approach, this study uses data collection methods: in-depth interviews with traditional figures, ulama, and the community, field observations, and analysis of historical documents and related legal regulations. Data analysis techniques are carried out by identifying patterns, themes, and changes in the relationship between customary law and sharia. The study results indicate that the integration of customary law and sharia in Jambi has been going on since the time of the Jambi Sultanate, with the important role of figures such as Datuk Orang Kayo Hitam. In family law, Jambi customs accommodate sharia principles such as the prohibition of marrying siblings, although there are differences in specific customary rules. In criminal law, the application of qisas is adapted into customary fines, reflecting an effort to compromise sharia values ​​in the structure of customary law. The challenges of modernization and plurality create dynamics in maintaining the principle of "custom is based on syarak, syarak is based on the Book of Allah". The majority of the community supports preserving customary law that is in line with Islamic values. This study emphasizes the importance of inclusive dialogue between traditional leaders, religious scholars, and the younger generation to ensure the relevance of customary law integrated with Islamic values.
The Business Law in Contemporary Times: A Comparison of Indonesia, Vietnam, and Ghana Kurniawan, I Gede Agus; Disantara, Fradhana Putra; Thuong , Mac Thi Hoai; Nutakor, Briggs Samuel Mawunyo
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.v7i2.297

Abstract

This study examines the intersection of justice within the framework of business law by analyzing its effectiveness and implementation in Indonesia, Vietnam, and Ghana three nations navigating the challenges of globalization. Justice is conceptualized through the lens of fairness, efficiency, and inclusivity in legal frameworks. By adopting a comparative normative legal research method, this study identifies the critical factors influencing business law implementation: regulatory quality, institutional capacity, political stability, and technological infrastructure. Findings reveal disparities in achieving justice due to corruption, bureaucratic inefficiencies, and weak enforcement mechanisms. While Indonesia grapples with regulatory overlap and decentralized governance challenges, Vietnam demonstrates progressive reforms but struggles with legal clarity. Ghana, despite leveraging political stability, faces significant limitations in infrastructure and enforcement. The study highlights the need for enhanced legal certainty, equitable stakeholder protections, and institutional reforms to align domestic business laws with global standards. Addressing these disparities can foster a more just and competitive business environment, ensuring fair treatment for all economic actors.
Restructuring of State Ministry Authority: Fostering Efficiency Based on Lean Governance Principles Arifin, Firdaus; Maarif, Ihsanul; Kurniati, Yeti; Bahri, Robi Asadul; Murbani, Anastasia Wahyu
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.v7i2.294

Abstract

The present study sets out to explore the application of lean governance principles to streamline state ministries' bureaucratic structures, with a focus on reducing waste and optimizing workflow. It is hypothesized that such an approach would enhance the responsiveness of public services, thereby addressing the inefficiencies in decision-making and resource wastage that are often observed in bloated bureaucratic structures, where ministries frequently have overlapping authority. A normative juridical research method was used to foster relevant regulations and assess the compatibility of the concept within the context of government administration. The findings indicate that lean governance can reduce redundancy and improve efficiency through authority restructuring, simplifying bureaucratic processes, and strengthened inter-agency coordination. The implications of this study include the need for regulatory adjustments to support authority restructuring and enhanced information technology to improve transparency and accountability. Consistent implementation of lean governance is expected to create a more responsive and adaptive government, ultimately fostering greater public trust in the public sector.

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