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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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Strengthening Indonesia’s Waste Management Laws: Compliance with Public Health and Marine Conservation Norms Maskun, Maskun; Mohamad Khalid, Rasyikah; Ratnawati, Ratnawati; Mutawalli Mukhlis, Muhammad; Anggara, Wira; Ramli, Rafika Nurul Ramadani
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.v7i2.298

Abstract

Study examines the legal accountability of household waste management in Makassar City within the framework of Indonesian environmental law and its alignment with Sustainable Development Goals, such as SDG 3 “Good Health and Well-Being” and SDG 14 “Life Below Water”. Employing a normative and empirical legal research approach, the study integrates primary data from legal instruments and field observations with secondary legal sources. The findings highlight that ineffective enforcement of criminal sanctions has contributed to the persistence of poor waste management practices. Instead, administrative sanctions, such as fines and corrective measures, have demonstrated greater effectiveness in ensuring compliance. Additionally, a lack of public awareness and inadequate waste segregation infrastructure further exacerbate waste management challenges. Data analysis from the National Waste Management Information System or Sistem Informasi Pengelolaan Sampah Nasional for 2020 until 2023 reveals that nearly 41% of total waste in Indonesia remains unmanaged, while Makassar alone generates approximately 1,000 tons of waste per day. Given these challenges, this study advocates for the enhancement of legal enforcement mechanisms by prioritizing administrative over criminal sanctions, strengthening public participation, and integrating sustainable waste management policies. Comparative insights from countries with successful waste management strategies, such as Japan and Sweden, underscore the importance of policy coherence, stakeholder collaboration, and technological innovations. The study concludes that an effective regulatory framework, coupled with community engagement and structured law enforcement, is essential for achieving intergenerational sustainability and environmental protection in Indonesia.
Legal Review of Financial Technology Peer To Peer Lending Based on Indonesian Collateral Law Perspective Ningsih, Ayup Suran
Susbtantive Justice International Journal of Law Vol 3 No 2 (2020): 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: 10.33096/substantivejustice.v3i2.73

Abstract

In fulfilling everyday needs, certainly needing equipment and supporting equipment in practice. However, due to limited capital, the background of the birth of legal entities from the government to the private sector offered a program to lend money which was then used for capital. In the process, this loan is often called a credit agreement in which the minimum requirement is a guarantee that will later be used as a collateral object. The guarantee acts as an addition (accesoir) to the main agreement which is to convince the creditor of the assets of the debtor and their ability to make payments later. Because not everyone has sufficient assets to make a loan, a guarantee institution arises that provides a loan program without using collateral. In connection with the development of technology, a new program was born, namely peer to peer lending based on financial technology. Ease in requirements and track record written in a system is the attraction of this type of loan, but because it is regulated by the system, there can be a mismatch of what is promised.
Urgency of the Harmonization of Interception Regulation in the Context of Law Enforcement Fadhil, Moh.
Susbtantive Justice International Journal of Law Vol 3 No 2 (2020): 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: 10.33096/substantivejustice.v3i2.75

Abstract

Systems regarding the legal remedy of communication interception can be found in several regulations. However, those systems are not supported by horizontal harmonization since each regulation governs the mechanism differently, so there is a disparity among interception regulation. This paper analyzes the harmonization of wiretapping regulations in Indonesia from a law enforcement perspective with an inventory of regulations governing the current mechanism of interception. The results concluded that first, the disparity in intercepting authority of communication interception practice regulated by several institutions in the same form of crime eradication authority must be reformulated to restore overlapping regulations. Secondly, the interception regulation as a coercive force that derogates the right to privacy must contain detailed provisions in terms of a permit request and the wiretapping authority. The permit application must contain the purpose of the request for wiretapping permission descriptively. Moreover, these provisions must explicitly regulate legal subjects that are authorized to conduct wiretapping practice in the form of clear mechanisms and coordination with the direct superiors and court supervision regulating the interception procedure as well as the cooperation between law enforcement officials and telecommunications service providers. Third, prospectively interception regulations can be assessed from the political will of the legislators. The decision of the Constitutional Court No. 5/PUU-VIII/2010 mandates the need for horizontal harmonization of interception regulations in the form of the Interception Bill, which is also included in the 2019 National Legislation Program.
5C Principles in Profit and Loss Sharing Financing on Baitul Maal Wattamwil as Islamic Micro Finance In Indonesia Thalib, Prawitra; Hajati, Sri; Kurniawan, Faizal; Aldiansyah, Komari
Susbtantive Justice International Journal of Law Vol 3 No 2 (2020): 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: 10.33096/substantivejustice.v3i2.76

Abstract

Baitul Maal wat Tamwil is a financial institution with a sharia concept that was born as a choice that changes the concept of maal and tamwil in one institution. The concept of maal was born and became part of the lives of Muslim communities in terms of collecting and distributing funds for zakat, infaq and shadaqah) productively. While the Tamwil concept was born for purely business activities to benefit from the middle to micro sectors of society. One of the financing activities carried out by BMT is financing based on profit sharing principles. Profit sharing is done by two types with mudharabah and musyarakah contracts. musyarakah is derived from the word syirkah, also called syarikah, which means a cooperation agreement between two or more parties for certain businesses, each party providing the assistance fund, and will be borne together in accordance with the aid fund, or mutual agreement. The methods used in the writing of this article are normative research using a statute approach and a conceptual approach.the result of this research indicates distribution of funds or financing must pay attention to various matters relating to caution both from within and from outside the Islamic Financial Institutions of Islamic Banks and Non-Islamic Banks. Matters issued from internships are in the form of Legal Lending Limit (LLL), financing guidelines, operational aspects. Aside from internal, things that are of caution are also excluded from the external supported by 5C analysis (Character, Condition, Capacity, Capital, Guarantee) and sharia compliance). This analysis must be considered in channeling financing to avoid elements forbidden in Islam.
Legal and Problematic Protection of Social Movements to The Tau Taa Wana Indigenous People Tampubolon, Muhammad Hatta Roma
Susbtantive Justice International Journal of Law Vol 3 No 2 (2020): 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: 10.33096/substantivejustice.v3i2.77

Abstract

Social movements of the legal community of Tau Taa Wana Custom is a struggle to release threats and structural shackles and want recognition of customary (communal) rights that they deserve. This study aims to analyze and explain the factors that led to the birth of the Tau Taa Wana indigenous peoples' social movements. The research design is descriptive qualitative with a case study approach. Research informants as many as 5 people selected purposively. Data collected through observation, in-depth interviews and literature study. the results showed that the social movement of the Tau Taa Wana indigenous people was driven by three determinants namely, the threat of capitalist expansion through an expansion of oil palm plantations, the threat of loss of communal natural resources due to oil palm expansion, the creation of solidarity in maintaining customary rights and local wisdom. It was concluded that Tau Taa Wana customary law community social movements are caused by policy imbalances, weak state protection functions and the lack of state recognition of the existence of Tau Taa Wana indigenous peoples
Workers Protection with a Fixed-Term Employment Contract System based on the Employment Statutory Regulations Kamal, Muhammad
Susbtantive Justice International Journal of Law Vol 3 No 2 (2020): 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: 10.33096/substantivejustice.v3i2.89

Abstract

This research aims to identify and understand the position of legal protection for workers with a system of fixed-term employment contracts in the aspects of work relations, protection, and wages based on Employment laws and regulations. This research uses an empirical normative research method which combines the normative legal approach with empirical research. The results of this study indicate that there are still many companies in Makassar City that do not implement statutory regulations, especially regarding workers 'rights, for example, workers' status based on fixed time or a Non-Specified term employment contract and wages that are not in accordance with the city's minimum standard. As for the conditions of the workers, based on the analysis result from the prescriptive aspect, there were 95 or 47.50% of 200 workers starting a cooperative relationship without making a written agreement. Furthermore, there are as many as 55 or 27.50% of 200 workers assess that in their work activities, they do not get rights, there are also as many as 110 or 55.00% of 200 workers do not know what the form of worker rights is. Furthermore, there were as many as 140 or 70.00% of the 200 workers who received compensation that did not match the minimum wage in 3 (three) companies in Makassar City. These problems can be resolved appropriately if Law no. 13 of 2003 is properly implemented by Labor Inspectors and Specialist Labor Inspectors as the person in charge based on Minister of Manpower Regulation (Permenaker) No. 33 of 2016.
The Responsibilities of Influencers in Promoting Tie-Dye Motif Products Based on Copyright Law Dwijayanthi, Putri Triari; Dharmawan, Ni Ketut Supasti
Susbtantive Justice International Journal of Law Vol 3 No 2 (2020): 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: 10.33096/substantivejustice.v3i2.90

Abstract

Tie-dye is known as a method of dyeing which results in a design on the fabric by which the fabric is collected and tied tightly with fibres, rope, or yarn, then dyed or coloured. The cloth is then processed into clothes, masks, and other accessories which can now be easily found in several online shops. This paper aims to identify, analyze, and elaborate on the legal protection of tie-dye motifs based on Indonesia Law Number 28 the Year 2014 concerning Copyright and the responsibilities of influencers who promote tie-dyed motif products. This is normative legal research with a statutory approach and a conceptual approach. The technique of tracing legal materials uses document study techniques and the analysis of studies uses qualitative analysis. The study shows that the tie-dye motif has been protected under Copyright law both nationally and internationally. Tie-dye motif as a form of continues to be developed with a high economic value has received clear protection under Indonesia Law Number 28 of 2014 concerning Copyright. The clear arrangement of tie-dyes is becoming increasingly important, especially when tie-dyes are used commercially. Regarding the Announcement of a copyrighted work, such as tie-dye products, the element of the uniqueness of form and originality are important points in copyright protection, so it is only natural for an influencer not to allow the sale and/or duplication of goods resulting from infringement of copyright and/or Related Right as regulated in Indonesia Copyright Law.
Government Responsibility for The Fulfillment Basic Rights of Unprosperous people In Education Sector Susanti, Pipi; Sari, Rafiqa
Susbtantive Justice International Journal of Law Vol 4 No 1 (2021): 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: 10.33096/substantivejustice.v4i1.106

Abstract

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.
Law Enforcement Factors in Waste Management to Achieve Environmental Sustainability and Community Welfare Akhmaddhian, Suwari; Virigianti, Ria; Yuhandra, Erga
Susbtantive Justice International Journal of Law Vol 4 No 1 (2021): 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: 10.33096/substantivejustice.v4i1.109

Abstract

Environmental issues are interesting subjects that are related to the earth’s sustainability. While Garbage is basically an obstacle, it also has the potential to prevent environmental damage and increase the community's economy if it is well managed. This research aims to analyze local government policies in waste management based on the value of ecological justice to achieve natural preservation. The research method used is qualitative with primary data from interviews and observations supported by laws and regulations related to waste management. The research was conducted in Kuningan Regency and Ciamis Regency. The results showed that the Ciamis local government policy in waste management was equipped with local regulations, government officials, infrastructure, community participation, and program innovation, namely waste sorting, waste bank, maggot, and garbage alms. The conclusion is that local government policies, especially in Kuningan, still need improvement related to optimizing the role of the local government in institutional and funding of waste management and increasing public education regarding waste management. Good waste management can create environmental sustainability and community welfare.
The Legality of the Prostitution Place Behind the Nightlife Ilahi, Andi Hidayat Anugrah; Adnas, Titien Pratiwi
Susbtantive Justice International Journal of Law Vol 4 No 1 (2021): 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: 10.33096/substantivejustice.v4i1.117

Abstract

The rampant localization of prostitution that moves implicitly on the Nusantara Street of Makassar causes a long-standing problem that is neglected in terms of legislation, sexually transmitted diseases, and human trafficking. This study aims to provide information about raising social reality through case studies of the relationship between commercial sex workers and nightclubs (THM) on Nusantara street, as well as an observation of the phenomenon of pimps, customers, and commercial sex workers in the Indonesian legal system, and comparison on the perspectives of the government and local regulations in the City of Makassar. The method used in this research is depth interview, observation, and literature review. The findings indicate that there is a mutual relationship between nightclubs (THM) and prostitution activities and that they even benefit each other. In addition, the existence of Regional Law Number 4 of 2014 On the Supervision and Control of the Procurement, Distribution, and Sale of Alcoholic Beverages shows that there is no firm step taken by the local authorities to minimize the activities of nightlife entertainment and hidden prostitution.

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