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INDONESIA
JURNAL MERCATORIA
Published by Universitas Medan Area
ISSN : 19798652     EISSN : -     DOI : -
Core Subject : Education, Social,
Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice
Mercatoria is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business Law, International law, Criminal law, and Civil law. All papers are peer-reviewed by at least two referees. Published twice a year (June and December) and first published for print edition in June 2008.
Arjuna Subject : -
Articles 386 Documents
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Women's Reproductive Rights (Comparative Family Planning in Indonesia, Malaysia, and Turkiye) in Islamic Perspective Mammenasa Daeng Yusuf, Siti Sahnia; Akbarizan; Munir, Akmal Abdul; Fahlevi, M Reza
JURNAL MERCATORIA Vol. 18 No. 1 (2025): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v18i1.14810

Abstract

This article aims to determine women's reproductive rights (comparative family planning in Indonesia, Malaysia, and Turkey) in an Islamic perspective. The problem is focused on women's reproductive rights using family planning. Data were collected by reviewing related research, as well as the Qur'an and laws and regulations using a literature approach method analyzed qualitatively. This study concludes that women's reproductive rights in Indonesia, Malaysia, and Turkey in the Family Planning (KB) program are equally important, although women are still the main users of family planning, their reproductive rights are still burdened. Women must be good mentally, physically, and socially, especially in reproductive rights with the importance of male participation, and freedom to determine their physical and mental choices, and the need to overcome factors that violate women's reproductive rights. The use of family planning in Indonesia, Malaysia, and Turkey differs from the focus of the objectives, the main methods used, and the meaning of the function of family planning from each country. The form of comparison of women's reproductive rights in the Family Planning (KB) program in Indonesia, Malaysia, and Turkey still prioritizes Islamic teachings in KB, which is permitted as long as it is in accordance with Islamic teachings with the aim of regulating spacing and not limiting children except for certain reasons such as threatening the reproductive health of women or men for the common welfare and the impact on state goals.
Product Responsibility and Licensing of Skincare Product Labels in The Perspective of Justice Zhou, Valerie; Pakpahan, Kartina; Pakpahan, Elvira Fitriyani
JURNAL MERCATORIA Vol. 18 No. 1 (2025): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v18i1.14829

Abstract

This article aims to analyze skincare product label licensing regulations in Indonesia, examine product liability and label licensing for skincare products from the perspective of justice, and explore efforts to combat criminal acts involving the distribution of skincare products that is failed to meet the quality also the safety standards. The problem is focused on the discovery—at the beginning of 2025—of 16 cosmetic items containing harmful and/or prohibited substances, including 10 contract-manufactured products and 6 imported products, and the necessity to ensure that all skincare products on the market comply with established quality and safety standards. In order to address this problem, the theoretical frameworks of product liability theory, justice theory, and crime prevention theory are used. The data is gathered through a review of literature and sujected to qualitative analysis. This study ultimately finds that that improved dissemination of regulatory information, stricter enforcement by BPOM, and awareness among all relevant parties are required to ensure consumer protection and the integrity of skincare product labeling.
Juridical Review of Confiscated Goods of Corruption Crime (Study of Decision Number 40/Pid.Sus/TPK/2020/PN Mdn) Panjaitan, Retimelani; Br Tarigan, Rani Theresia; Sitinjak, Helprida Marstella; Aritonang, Zico Ricardo
JURNAL MERCATORIA Vol. 18 No. 1 (2025): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v18i1.15246

Abstract

This study aims to examine the enforcement of criminal law and legal certainty in asset confiscation related to corruption cases, by focusing on Decision No. 40/Pid.Sus/TPK/2020/PN Mdn. The case concerns a private actor who manipulated the procurement process of waste-processing machines in Tanjungbalai City, causing state losses of more than IDR 1.5 billion. Using a normative juridical method and statutory-case approach, the research analyzes relevant legal norms, legislation, and jurisprudence. The data sources include primary legal materials (statutes and court decisions), secondary materials (journals and legal commentaries), and tertiary materials (legal dictionaries). The analysis shows the defendant violated Article 2(1) and Article 18 of Law No. 31/1999 in conjunction with Law No. 20/2001, supported by Article 55(1) of the Indonesian Penal Code. In addition to imprisonment, the court imposed a restitution penalty, enforceable through asset seizure and auction. The urgency of this issue lies in the challenge of recovering state losses when assets are in the name of third parties. This decision highlights the significance of legal certainty and enforceability in asset confiscation rulings, especially in corruption cases involving non-state actors. This research contributes to legal development in anti-corruption enforcement and provides a precedent for how asset recovery should be implemented.
Legal Analysis of Punishment for Perpetrators of Violence Against Children in the Perspective of Substantive Justice (Study of Decision Number 103/Pid.Sus/2017/PN Psb) Setyawan, Iwan; Pardede, Desi Yeni; Chandra, Stacie Stravinsky
JURNAL MERCATORIA Vol. 18 No. 1 (2025): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v18i1.15346

Abstract

This study aims to analyze the application of the law to perpetrators of child abuse in Decision Number 103/Pid.Sus/2017/PN Psb and to assess the extent to which the decision reflects the principles of justice and legal protection for child victims. The phenomenon of violence against children in Indonesia continues to increase, but the response of criminal justice often does not fully support the best interests of children. A qualitative approach with a case study design was used in this study, focusing on one court decision as the unit of analysis. Data were collected through court decision documentation, literature studies, and reviews of laws and regulations, which were analyzed descriptively-qualitatively to reveal the suitability of the application of the law to the principles of child protection. The results of the study indicate that normatively, the judge has applied the provisions in Article 80 paragraph (1) in conjunction with Article 76C of Law No. 35 of 2014 by imposing a sentence on the defendant. However, the decision does not fully reflect substantive justice because it does not contain an order for psychological recovery for child victims. This finding indicates that the legal approach still tends to be repressive and has not touched on holistic aspects of recovery. This study contributes to the understanding of the weaknesses of the juvenile criminal justice system in ensuring comprehensive justice. Further research is recommended to examine the implementation of the decision and its impact on the psychosocial conditions of child victims of violence.
Legal Certainty of Jurisdiction and Authority of the International Criminal Court (ICC) Regarding the Detention of Rodrigo Duterte in the “War on Drugs” Case Kaloko, Ilhamda Fattah; Harmelia; Putra, Rian Rusmana
JURNAL MERCATORIA Vol. 18 No. 1 (2025): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v18i1.15362

Abstract

This article aims to analyze the relationship between state withdrawal and the jurisdiction of the International Criminal Court (ICC), particularly in the context of the Philippines' decision to withdraw from the Rome Statute. The problem is focused on the legal implications of such a withdrawal, especially in terms of how it influences the ICC's authority to investigate and prosecute crimes committed prior to the effective withdrawal date. This issue is exemplified by the Philippines' controversial "war on drugs" campaign under President Rodrigo Duterte, which has led to the deaths of thousands of civilians and is alleged to constitute serious human rights violations and crimes against humanity. In order to approach this problem, a normative theoretical reference is used to examine international law and the principles of accountability that underpin the ICC’s mandate. Data is collected through a comprehensive analysis of legal texts, court rulings, and relevant case studies. This study concludes that despite a state’s formal withdrawal from the Rome Statute, its responsibility for international crimes committed before the withdrawal remains intact. The ICC continues to hold jurisdiction over such crimes, as demonstrated by its ongoing investigation into the deaths linked to Duterte’s policies. This case highlights significant challenges related to political sovereignty, while also raising critical questions about the tension between national autonomy and global justice.
Legal Protection of Children's Rights in Early Marriage Nurjannah; Al Munawar, Said Agil Husin; Aslati
JURNAL MERCATORIA Vol. 18 No. 1 (2025): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v18i1.15383

Abstract

This article aims to find out the age of readiness to marry in early marriage in the review of Islamic law and Indonesian Positive Law against early marriage and legal protection of children's rights in early marriage. The problem is focused on how the readiness age of marriage in early marriage based on Islamic law and positive law, how legal protection of children's rights in early marriage. The theoretical references used are the theory of legal protection and the theory of benefit in Islamic law. Data were collected through literature study and analyzed qualitatively. This study concludes that the readiness of marriage age in Islamic Law can be carried out by prospective brides who have not or have reached puberty if they have fulfilled the conditions and pillars of marriage by paying attention to the benefits. Based on the Compilation of Islamic Law, the minimum age of marriage for men is 19 years and for women is 16 years. Based on Positive Law Marriage Law No. 16 of 2019 in Article 7 Paragraph (1) marriage is permitted if the man and woman reach the age of 19 years. If in certain circumstances married under the age of 19 years can apply for Dispensation to the Court with urgent reasons and supporting evidence. In early marriage, legal protection of children's rights includes age limits, marriage dispensation and protection of children's rights including protection of education and awareness, supervision and protection from violence, physical and mental readiness, agreement and consent in early marriage. With this protection, the rights of children in early marriage can be protected.

Page 39 of 39 | Total Record : 386

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