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INDONESIA
JUSTISI
Published by Universitas Muhammadiyah Sorong
ISSN : 19797532     EISSN : 26860821     DOI : https://doi.org/10.33506/js.v10i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Justisi provides a forum for publishing research articles, reviewer articles from academics, analyst, practitioners who are interested in providing literature on Legal Studies in all aspects. Scientific articles covering among them : 1. Criminal Law; 2. Civil Law; 3. Constitutional Law; 4. State Administrative Law; 5. Internasional Law; 6. Legal Comparison.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 17 Documents
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Search results for , issue "Vol. 10 No. 1 (2024): JUSTISI" : 17 Documents clear
Law Enforcement Against Traffic Law Violations Committed by Students in Ternate City Fahria, Fahria; Djafar, Muhammad Mufti M; Muhdar, Gamar; Budiono, Arief
JUSTISI Vol. 10 No. 1 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v10i1.2796

Abstract

Traffic rules are created to guard the safety of everyone who travels on vehicles on the road every day. Rampantly occurring traffic violations that evoke concerns in society are traffic violations committed by students. This paper aims to analyze the factors that influence law enforcement against traffic law violations committed by students in the legal area of the Ternate City Police Resort Traffic Unit as well as the efforts carried out to prevent events of traffic law violations by students. This research used the empirical research design. It was an approach model in the form of an action to see the legal reality in society. In this research, the researchers collected the data using field research, literary study, and documentation methods. From these three types of data collection, the data obtained were divided into two, namely primary and secondary data. Research found that the factors which influence law enforcement against traffic law violations committed by students in the legal area of Ternate City Police Resort Traffic Unit are the family factor, the education factor, and the environmental factor. Legal efforts that may be applied to prevent the occurrence of traffic law violations committed by students in the legal area of Ternate City Police Resort Traffic Unit are: (1) Preventive efforts, by organizing socializations especially for parents to always supervise their children and prevent them from driving motorized vehicles as underage children are not eligible to obtain a driver’s license, as according to the law, a person must be at least 17 years old to obtain it and (2) Repressive efforts by giving a warning to students that violate the traffic laws. If perpetrators still commit violations after obtaining a warning, they will obtain a ticket
Drug Therapy For Mental Disorders In Psychotropic Law And Islamic Legal Perspectives Rizka, Rizka; Sari, Septiana Novita; Nurhayati, Nunik; Lyandovy, Vanka
JUSTISI Vol. 10 No. 1 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v10i1.2819

Abstract

Problems with mental and physical health often occur together. Various conditions of a person’s mental health are referred to as mental illnesses, also known as mental health disorders. Mood, thingking, and behavior are usually affected by these disorders. Therapy has the potential to treat some mental illnesses. However, the are times when therapy alone is insufficient, thus requiring medical assistance. Psychotropic medications can be prescribed by doctors based on the patient’s mental state. This study used a normative strategy. Descriptive research is being conducted. According to the study's findings, patients may safely use psychiatric medications for medical purposes under the watchful eye of the Minister of Health so long as they follow their doctors' orders. In the event of psychotropic abuse will cause sanctions or penalties for psychotropic abusers specifically regulated in the Psychotropic Act, and for psychotropic addicts can undergo medical rehabilitation dan social rehabilitation in accordance with the Psychotropic Act No. 5 off 1997 the use of psychotropic drugs in the view Islamic law if halal goods do not exist or can not be found for use in health services, then it is permissible to use pychotropic drugs for health services Keywords: Drug Use; Pyscotropic Drug; Mental Disorders.
Pencegahan Kekerasan Dalam Rumah Tangga Berbasis Penegakan Hukum Dan Falsafah Budaya Jawa Mbangun Kromo Di Kulon Progo Acita, Fonni; Ismail, Bayu; Sukmaningsih, Juwita; Alfatiha, Inaya; Oktavian, Diky; Khakim, Mufti
JUSTISI Vol. 10 No. 1 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i1.2879

Abstract

Domestic Violence (KDRT) is an iceberg phenomenon, where what is visible is less than what is not visible. One of the characteristics of domestic violence is domestic violence, this is what makes this act of violence so little can be revealed. This research aims to provide a solution in preventing criminal acts of domestic violence using a law enforcement approach, namely a Javanese cultural approach. The special relationship between the perpetrator and the victim is that they are part of the family and violence is often considered a family disgrace so that they cover each other up. The legal approach is less effective in preventing and overcoming it due to the lack of public awareness that domestic violence is a serious global crime. Therefore, a cultural approach needs to be pursued, namely the role of Javanese philosophy in the lives of Javanese people to prevent domestic violence. This type of research is empirical normative research using an ethnographic approach. Primary data with direct interviews with research subjects regarding Javanese philosophy. The results of this research are a description of the Javanese community in Triharjo Village in implementing the Javanese philosophy of Mbangun Kromo and the effectiveness of the Javanese Mbangun Kromo philosophy in preventing domestic violence. The conclusion from this research is that preventing domestic violence using a cultural approach is quite effective in preventing the occurrence of domestic violence. Keywords: Javanese philosophy; violence; household
Keabsahan Akta Notaris Melalui Tindakan Hostile Takeover Pada Perseroan Terbatas Terbuka Regina Adella Palmata Putri; Nefi, Arman
JUSTISI Vol. 10 No. 1 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i1.2884

Abstract

This research aims to ascertain and analyze hostile takeover actions occurring in Listed Companies, as well as the validity of notarial deeds resulting from hostile takeover activities. The research method employed by the author is normative or doctrinal legal research, utilizing a legislative approach along with a conceptual approach. The research findings are as follows: (1) There are various methods employed by aggressors in conducting a Hostile Takeover when the target company is a Listed Companies, namely through Tender Offer, involving the presentation of a cash offer to shareholders, and the acquisition of shares by the aggressor at an elevated price, aligning with the tender price rather than the market price. Another method is Proxy Fight, entailing persuasive actions to replace members of the board of directors to facilitate the takeover plan. (2) Regarding the validity of Notarial Deeds executed as a consequence of Hostile Takeover activities, they remain legally binding as long as their validity can be substantiated externally, formally, and materially. However, such deeds can be annulled through legal proceedings, provided there is a party seeking the annulment, and valid grounds for such action exist. Keyword : Notarial Dees; Hostile Takeover; Listed Company.
Perlindungan Hukum Terhadap Korban Phising Terkait Pengiriman File Apk Artanti Zahra Adisa; Andriyanto Adhi Nugroho
JUSTISI Vol. 10 No. 1 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i1.2980

Abstract

Abstract: In Indonesia, technological advancements are undergoing rapid changes, and this can be beneficial for the daily needs of people. However, apart from the positive aspects of technology itself, there are also cyber threats present in society, for example, phising. Phising is a cybercrime that initially carried out by deceiving victims through the transmission of fake links. However, as it has evolved, phising is now conducted by sending files in apk format through Whatsapp. This research aims to determine the importance of legal regulations regarding phising cases in Indonesia. this study use the normative juridicial legal research as the research method. The results of this study indicate that current legislation in Indonesia doesn’t clearly regulate phising, and the Information and Electronic Transactions Law (UU ITE) doesn’t have specific articles addressing phising. Therefore, there is a need for Indonesia to enhance regulations concerning phising within the UU ITE or to develop separate legislation as a derivative of the UU ITE specifically addressing phising issues. Keyword: cybercrime; phising; cyber threats
Misuse of Consumer Personal Data Through Illegal Fintech Peer To Peer Lending Syaiful, Rivasya Dinda; Sugiyono, Heru
JUSTISI Vol. 10 No. 1 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i1.3003

Abstract

This research examines the misuse of consumer personal data through illegal Fintech Peer To Peer Lending. The aim of this research is to determine aspects related to Peer-to-peer lending Fintech Companies with a focus on the problem of misuse of consumer data. By providing an in-depth overview of forms of data misuse, as well as analyzing the legal responsibilities of illegal peer to peer lending fintech providers who are involved in misuse of consumer data. The research focus based on the background in this research is; 1) What are the forms of misuse of consumer data through illegal fintech peer to peer lending according to decision number; 438/Pid.Sus/2020/PN Jkt.Utr. 2) What is the legal responsibility of individuals managing illegal peer to peer lending fintech who misuse consumer personal data according to Decision Number; 438/Pid.Sus/2020/PN Jkt.Utr. This research uses a type of normative juridical research using qualitative methods and analytical descriptive approaches. So that the analysis can be carried out, the author first collects materials that are appropriate to the legal issue to be studied. The research results show that illegal fintech operators often misuse consumer data by involving third parties who do not have official certification, giving rise to intimidation, threats and defamation of consumers. In addition, the practice of requesting consumer consent to access personal data in violation of certain regulations was also exposed. The conclusion of this research confirms that this act can be subject to criminal sanctions as stated in the court decision. It is hoped that legal enforcement of this practice can be an effective step to protect consumer data and prevent abuse in the peer-to-peer lending fintech industry. Keywords: Misuse of personal data; illegal fintech peer-to-peer lending; positive law in Indonesia.
Regulasi Hukum Terhadap Pemidanaan Orang Yang Melakukan Kohabitasi (Kumpul Kebo) Sholikah, Ana; Hidayati, Rahmatul; Parmono, Budi; Muhibbin, Muh; Ilmania, Nurika Falah
JUSTISI Vol. 10 No. 1 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i1.3009

Abstract

Cohabitation (cohabitation) is an act that violates the juridical and social norms of criminal law carried out in the State of Indonesia. The research was prepared to find out the legal rules for cohabitation offenders and a comparison of cohabitation according to the Criminal Code Law Number 1 of 1946, Law Number 1 of 1951 and Emergency Law Number 1 of 1951 concerning Temporary Measures to Organize the Unity of the Structure of Powers and Procedures of Civil Courts. This research is normative juridical research using the technique of approaching the law. The results of the study reveal that in the regulation there is no explicit formulation policy on cohabitation in the Criminal Code / WvS. Legal arrangements for cohabitation offenders are contained in Article 412 of Law Number 1 of 2023 but have not been enforced. So that the legal arrangements for cohabitation offenders use Jurisprudence, but only certain regions use it. Keywords: Regulation; Legal Consequences; Cohabitation.

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