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<![CDATA[The Legal Status of Circumstantial Evidence in the Context of Criminal Cases in Indonesia ]]>
<![CDATA[Hari Wibowo]]>;
<![CDATA[Dodi Jaya Wardana]]>;
<![CDATA[Levina Yustitianingtyas]]>;
<![CDATA[Hasnan Bachtiar]]>
<![CDATA[ JUSTISI Vol. 10 No. 3 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i3.3307
<![CDATA[In practice, there are several instances of criminal decisions that are not in accordance with the law. In such instances, the judge interprets the law or legal findings based on circumstantial evidence. As a result, the action taken does not achieve the highest degree of justice and legal certainty in a decision. This is because the decision is not based on the minimum requirements of two pieces of evidence that must be met in terms of evidence to impose a sentence. The objective of this research was to analyze the legal status of circumstantial evidence in the context of criminal cases. Our research findings indicate that the philosophy of circumstantial evidence, as it pertains to criminal procedural law, represents a form of evidence that can be considered by judges in relation to the absence of facts that are not directly visible by eyewitnesses. This evidence is intended to provide a comprehensive depiction of the truth of an event, thereby facilitating the acceptance of a reasonable account of events. Establishing circumstantial evidence is distinct from providing instructions, however. To do so, one must obtain clues from facts presented at trial in the form of witness statements, letters and statements of the accused. The ius constituendum application of circumstantial evidence in the process of proving a criminal case is to provide the judge with the authority to utilise circumstantial evidence in the process of proving a crime as an additional legal means of evidence in sentencing. The role of indirect evidence in the imposition of criminal penalties is a doctrine that is confined to be the domain of legal experts.]]>
<![CDATA[Illegal Logging Eradication in the Perspective of National Criminal Law and Local Wisdom of Manggarai Community ]]>
<![CDATA[Ngompat, Yohanes Leonardus]]>;
<![CDATA[Finsensius Samara]]>;
<![CDATA[Dwityas Witarti Rabawati]]>
<![CDATA[ JUSTISI Vol. 10 No. 3 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i3.3308
<![CDATA[This study discusses illegal logging as an environmental problem, especially in forestry. Illegal logging is a criminal offence, especially in violation of Law Number 41 of 1999 on Forestry and Law Number 18 of 2013 on Prevention and Eradication of Forest Destruction. Illegal logging is also prohibited based on the Manggarai community's local wisdom. The prohibition is motivated by the tradition of the Manggarai community, which utilizes the forest and recognizes the roko molas poco customary ritual. The ritual aims to inform the Manggarai people that anyone who wants to take a tree in the forest must bring a new tree seedling in exchange. This ritual also shows the responsibility to preserve the forest so it is not damaged. However, there are still people who commit illegal logging. This study aims to analyze and find regulations and concepts for eradicating illegal logging from the perspective of national criminal law and the local wisdom of the Manggarai community. The type of study used is empirical legal research. This study is a novelty because previous researchers should have specifically reviewed the role of local wisdom, especially the Manggarai community, in eradicating illegal logging. The results show that the role of criminal law and the local wisdom of the Manggarai community is significant in eradicating illegal logging crimes. Criminal law regulates the provision of criminal sanctions against individuals and groups who commit illegal logging. The same thing also applies to the local wisdom of the Manggarai community, namely the roko molas poco ritual that the taking or utilization of timber forest products must not conflict with the ritual; if it conflicts, then it will be subject to customary fines. Based on this explanation, not only national law has a role in combating illegal logging, but local wisdom law also has a role.]]>
<![CDATA[Law Enforcement of E-Ticket Cases at the Bantul District Prosecutor's Office ]]>
<![CDATA[Idhun Fauzan Risalma]]>;
<![CDATA[Isnawan, Fuadi]]>
<![CDATA[ JUSTISI Vol. 10 No. 3 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i3.3319
<![CDATA[Law enforcement of E-Tilang cases has an important role in maintaining traffic order and security in Indonesia. This study aims to determine the role of the Bantul State Attorney's Office in enforcing the law of e-tickets or electronic tickets for traffic violations and the obstacles to the role of the Bantul State Attorney's Office in enforcing the law of e-tickets or electronic tickets for traffic violations. The research method used in this research is empirical legal research. The approach used in this research is a juridical-empirical approach, namely analysing the legal problems that have been formulated by combining legal materials both primary legal materials, secondary legal materials and tertiary legal materials which are secondary data with primary data obtained in the field through interviews. This research is a new contribution to the understanding of law enforcement related to the E-Ticket case at the Bantul District Attorney's Office. From a series of previous studies, various points of view have been studied in depth. This research aims to provide a more comprehensive understanding of the role and constraints of E-Ticket law enforcement, as well as highlighting innovations and best practices in the context of traffic law enforcement. This research shows that the role of the Bantul State Attorney's Office in enforcing the law of e-tickets for traffic offences is as a protector of personal data, a guarantor of legal certainty and justice, and as an executor. Obstacles in the implementation of its role include the absence of detailed legal rules governing the implementation of electronic-based law enforcement, then in the aspect of resources, still limited technological infrastructure, such as unstable internet access and inadequate computers, in terms of human resources which are still very limited, another inhibiting factor is from the community, the lack of public awareness and understanding of the importance of orderly traffic..]]>
<![CDATA[The Criminal Liability in the Context of Fertilizer Trade in Indonesia ]]>
<![CDATA[Farida Luthfyana]]>;
<![CDATA[Kuswardani, Kuswardani]]>;
<![CDATA[Hussain, Mazlena Binti Mohammad]]>;
<![CDATA[Hidaya, Wahab Aznul]]>
<![CDATA[ JUSTISI Vol. 10 No. 3 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i3.3347
<![CDATA[Indonesia is an agricultural country and its agricultural sector which important in meeting food needs. On its journey, the agricultural sector in Indonesia is developing to improve the quality and production of food needs. Then, the fertilizer process has an important role in increasing the production of agricultural products, and the government needs to implement policies to subsidize the price of fertilizers for fertilizer distributors and arrange the regulations underlying the policy. If the fertilizer trade for fertilizer distributors is based on more than clear regulations, how can Indonesia's agricultural journey run. Thus, this study aims to attempt to describe the criminal liability of fertilizer trade based on court decisions at the first level up to the cassation level (namely, Decision Number. 137/pid.sus/2020/PN.Btg, Court of Appeal (Number. 487/Pid.Sus/2020/PT SMG and Cassation Decision Number. 78/Pid.Sus/2022). This study is normative research with a case approach, requiring secondary data in legal documents and references relevant to the subject matter. Data were collected by identification and inventory and then analyzed using the basic principles of criminal law. The novelty is fulfilling criminal liability is not enough regarding the psychological aspects (adult, healthy mind). However, it must also fulfill the normative measure of the act. The results showed that the defendant in the first instance and appellate level decisions were able to take liabilitybut was not sentenced because the element of the action in the prosecutor's charge, which stated "conducting trading business activities without having a license in the field of trade granted by the Ministry" was not fulfilled/proven, because the defendant had a trading business license (SIUP) issued by the Integrated Investment and Licensing Agency Number: 519/054/2014 dated June 04, 2014, under the name of the Agricultural Facilities and Organic Fertilizer Shop "Tani Jaya." The cassation verdict of the defendant can be held responsible and sentenced to punishment because measures from the psychological aspect are fulfilled. The measurements are from the normative aspect demanded by the public prosecutor, especially the elements that are also fulfilled. It can be consluded that based on the court's decision to measure the perpetrator's liability for a criminal offense, two measures must be met in imposing punishment.]]>
<![CDATA[Resolution Effort of Electricity Theft Crimes at PLN UP3 Sorong ]]>
<![CDATA[Saiful HMH]]>;
<![CDATA[Dwi Pratiwi Markus]]>;
<![CDATA[Muh Akhdharisa SJ]]>;
<![CDATA[Mohammad Belayet]]>
<![CDATA[ JUSTISI Vol. 10 No. 3 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i3.3366
<![CDATA[This study aims to investigate the impact of electricity theft on PLN and the state and analyze the out-of-court resolution system for electricity theft by PT PLN UP3 Sorong Branch. The method used is an empirical juridical approach focusing on case analysis and field data. The results showed that PLN uses the additional bill, Tagihan Susulan (TS) as the fine, as an out-of-court resolution for electricity theft cases. However, there is an option to settle through the court if the customer objects. Although the number of cases is decreasing, challenges in addressing the problem of electricity theft still exist, and its resolution requires a holistic approach that considers the principles of justice and applicable law. In conclusion, electricity theft violates the law that must be addressed effectively to maintain the sustainability of the electricity sector and justice for all parties involved.]]>
<![CDATA[Application of Restorative Justice to the Crime of Sexual Violence against Women ]]>
<![CDATA[Ganen Seknun]]>;
<![CDATA[Hadi Tuasikal]]>;
<![CDATA[R.S. Rakia, A. Sakti]]>;
<![CDATA[Nini Nurouzi]]>
<![CDATA[ JUSTISI Vol. 10 No. 3 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i3.3375
<![CDATA[This research highlights the background of Indonesia as a state of law, where state power is regulated by law to achieve legal order. However, the implementation of laws to protect women from violence still poses weaknesses that affect the sense of justice and impunity for perpetrators. As an alternative solution, the Restorative Justice approach is proposed to resolve acts of sexual violence by involving victims and perpetrators in dialogue and joint recovery, in accordance with the principle of consensus. This research uses the normative juridical method by analyzing relevant regulations and literature as well as conducting interviews at the Teluk Bitung District Police. It was found that the Restorative Justice approach can be a more inclusive and restorative alternative for victims and perpetrators of sexual violence. However, to implement it effectively, certain conditions need to be met, including admission of guilt, consent of the victim and perpetrator, and support from the police or prosecutor's office. The results show that this approach has the potential to provide a fairer resolution and have a positive impact on efforts to prevent and respond to violence against women in Indonesia.]]>
<![CDATA[The Influence of The Phrase 'Online' on the Fulfillment of Public Participation in the Formation of Laws Through the DPR Legislative Information System ]]>
<![CDATA[Pujianti, Yuwinda Sari]]>;
<![CDATA[Perwira, Indra]]>;
<![CDATA[Junaenah , Inna]]>
<![CDATA[ JUSTISI Vol. 10 No. 3 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i3.3449
<![CDATA[This research aims to analyze the influence of the phrase 'Online' on the fulfillment of Public Participation in Law Formation through the DPR's legislative information system. This research uses a normative legal research approach which includes legislative, conceptual and historical approaches. Method: The data collection approach in this research is library research. The data obtained is then processed through three stages, namely data reduction, data presentation, and drawing conclusions. Results: Research findings show that the term 'online' in article 96 of Law Number 13 of 2022 requires the DPR to be able to assist in implementing community involvement, one of which is through sileg. Apart from that, based on the provisions of Secretary General Number 13 of 2020 and the parliamentary website guidelines that have been prepared by the IPU, improvements and developments need to be made in the implementation of Sileg. Novelty: The novelty of this research comes from the research object, namely the formation of laws through the DPR Legislative Information System in the context of the influence of the phrase 'Online' on the fulfillment of community participation. Conclusion: Adequate information in Sileg at all stages of law formation can facilitate and encourage public participation in providing input on each bill that is being discussed and/or will be discussed in the DPR. The ideal implementation of sileg is as an online medium for people to carry out more meaningful community activities.]]>
<![CDATA[Social Work Crime as an Alternative to Resolving Overcrowding in Correctional Institutions ]]>
<![CDATA[Kholdaa, Madya Cinta]]>;
<![CDATA[Pujiyono, Pujiyono]]>
<![CDATA[ JUSTISI Vol. 10 No. 3 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i3.3491
<![CDATA[Overcrowded in correctional facilities results from various factors, including increased inmate numbers due to prevailing prison sentencing policies, judicial inefficiencies in handling detainees, and high recidivism rates. The consequences of overcrowding are severe, impacting the ability to meet inmates' basic needs, leading to poor sanitation and health conditions, and reducing the effectiveness of rehabilitation programs. Social work penalties, adopted in several countries, offer a rehabilitative approach that focuses on social reintegration rather than isolation through prison sentences. These penalties help facilitate inmate recovery by involving them in beneficial community activities such as environmental care or social services. This research employs a normative juridical methodology, utilizing document analysis of relevant legal and literature sources. Data are qualitatively analyzed, considering legislative regulations, legal literature, and related research findings. The study aims to contribute to more effective policy formulation for managing overcrowding in correctional facilities and to consider more humane and rehabilitative sentencing alternatives]]>
<![CDATA[The Criminal Offence Of Corruption Of Village Funds (Analysis Of Medan District Court Decision No. 59/Pid.Sus-Tpk/2019 /Pn Mdn) ]]>
<![CDATA[Radyansyah Fitrianda Lubis]]>;
<![CDATA[Edi Yunara]]>;
<![CDATA[Mirza Nasution]]>;
<![CDATA[Marlina , Marlina]]>
<![CDATA[ JUSTISI Vol. 10 No. 3 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i3.3498
<![CDATA[This research aims to provide an understanding of the legal aspects of Village Fund Corruption. In detail, the objectives to be achieved are to analyze the Legal Regulation of the Crime of Corruption of Village Funds, the process of supervision of Village Funds in an effort to prevent Corruption Crimes in Batu Bara Regency and the Legal Considerations of Judges in Issuing Verdicts on Corruption Crimes of Village Funds in the Decision of the Medan District Court No.59/Pid.Sus-TPK/2019/PN Mdn.This study uses a statutory approach and a case approach in its normative juridical research methodology. The results of the study show that the Criminal Law Regulation on the Crime of Corruption of Village Funds, is contained in Law Number 31 of 1999 jo Law Number 20 of 2001 concerning the Eradication of Corruption Crimes, especially articles 2 and 3. The mechanism for monitoring village funds requires the involvement of all parties, namely the village community, the Village Consultative Body (BPD), the Government Internal Supervisory Apparatus (APIP), and related OPDs. The judge's decision is very important, because in it there is a value that can be in direct contact with human rights. In principle, only the judge's decision that has permanent legal force can be implemented. A decision can be said to have permanent legal force if it is issued through an open and transparent trial and no other legal remedies are submitted. Regulation of Village Fund Corruption is regulated in Law Number 31 of 1999 jo Law Number 20 of 2001 concerning the Eradication of Corruption Crimes articles 2 and 3. In carrying out the supervised supervision of village funds, the involvement of all parties is needed, and the judge's decision is very important, because in it there is a value that can be in direct contact with human rights.]]>
<![CDATA[Kajian Yudisial: Perlawanan Para Pihak (Partij Verzet) dalam Proses Eksekusi Hak Milik Atas Tanah Berdasarkan Hukum Acara Perdata ]]>
<![CDATA[Putri, Azizah Kamilah]]>;
<![CDATA[Hazar Kusmayanti]]>;
<![CDATA[Artaji Artaji]]>
<![CDATA[ JUSTISI Vol. 10 No. 3 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i3.3505
<![CDATA[Court decisions that have legal force must be complied with, and execution carried out if the losing party does not voluntarily comply with the judgment. Issues arise when the losing party appeals or takes other legal actions, delaying execution and creating legal uncertainty. Execution is applicable only to condemnatory judgments and is often obstructed by respondent's resistance, a legal challenge from the party involved in the case. The researcher highlights three cases of legal resistance efforts: the South Jakarta District Court decision number 518/Pdt.G/1999/PN Jkt.Sel, Kendal District Court decision number 20/Pdt.Bth/2021/PN Kdl, and Kendal District Court decision number 9/Pdt.Bth/2022/PN Kdl. This study employs a normative juridical method, examining descriptive-analytical literature, and utilizes a qualitative juridical approach in analysis. The research reveals discrepancies between legal certainty theory and judicial practice, where cases may not align with facts or legal standing, leading judges to reject such requests. The study concludes that respondent's resistance is a legal recourse available to the executed party against execution, which does not automatically suspend execution unless there are clear and accepted grounds recognized by the court. The Indonesian Civil Code (HIR) and Civil Procedure Law (RBg) provide legal certainty and protect the rights of those aggrieved by court decisions through the mechanism of respondent's resistance.]]>
