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<![CDATA[Agrarian Conflicts After the Establishment of the Land Bank Agency in Indonesia ]]>
<![CDATA[Permadi, Iwan]]>;
<![CDATA[Fadhli Rahman Arif]]>
<![CDATA[ JUSTISI Vol. 11 No. 1 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i1.2810
<![CDATA[The establishment of the Land Bank in Indonesia may lead to conflicts of interest and the existence of customary land may be forgotten for reasons of land stateisation. The process of acquiring customary land for reasons of stateisation may affect the legal protection of indigenous peoples' rights. This article examines agrarian conflicts after the establishment of the Land Bank Agency and the legal protection of indigenous peoples' land. This research is examined using the normative juridical method with a statutory approach. The results of the study found that the concept of the Land Bank is in contrast to agrarian reform in terms of land acquisition operations, because land can be obtained through the transfer of land ownership by the state which is intended for investment and infrastructure development. The government needs to improve the land sector Job Creation Law and the legal regulations of the Land Bank, the government must revise the rules related to the Land Bank so that this institution can maintain a balance of land utilisation for various interests fairly. The Land Bank should be a representative of the state to protect vulnerable groups of people, one of which is indigenous peoples. Then the community must be pro-active in applying for a Material Test on articles that have negative potential, especially the regulation of land stateisation in the Job Creation Law and the legal rules regarding the Land Bank in an effort to consolidate guarantees and justifications for land rights over indigenous peoples.]]>
<![CDATA[Status Quo Perkawinan Beda Agama Pasca Surat Edaran Mahkamah Agung Nomor 2 Tahun 2023 ]]>
<![CDATA[Antari, Putu Eva Ditayani]]>;
<![CDATA[I Kadek Budiadinata Satriatama Adnyana]]>;
<![CDATA[Luh Putu Yeyen Karista Putri]]>
<![CDATA[ JUSTISI Vol. 11 No. 1 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i1.3360
<![CDATA[The trend of interfaith marriages is currently gaining interest in Indonesia. Data shows that by 2022, data on interfaith marriages will total 1425 spouses. The presence of the polemic about interfaith marriages in society has resulted in the government, through the Supreme Court, issuing SEMA 2/2023, which prohibits courts from accepting applications for interfaith marriages. Therefore, it is necessary to know the legality of interfaith marriages after SEMA 2/2023, especially regarding the legal ratio of the issuance of SEMA 2/20232. This study aims to determine the basis for the publication of SEMA 2/2023 and the validity of interfaith marriages after the publication of SEMA 2/2023. The study's novelty is demonstrated by the actuality of regulations published related to interfaith marriages in Indonesia, where previous studies analyzed the legality of interfaith marriages before the publication of SEMA 2/2023. The normative legal writing method is used by several approaches, such as the statutory regulations approach -invitation, case approach, and conceptual approach. The collection of legal materials in this study used literature study techniques. At the same time, the legal material analysis method is the descriptive analytical juridical method. The results show that the basis for preparing the circular letter is intended to guide judges in recording religious marriages in Indonesia. Also, since the circular letter came into force, the courts no longer have the authority to register interfaith marriages held in Indonesia.]]>
<![CDATA[Consumer Protection in TikTok Shop Sale Transactions Based on Law Number 8 of 1999 ]]>
<![CDATA[Defriza, Rita]]>
<![CDATA[ JUSTISI Vol. 11 No. 1 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i1.3522
<![CDATA[Online shopping transactions using the TikTok Shop media often experience problems and poor service quality from the business actors. It is because they commonly commit fraud in online shopping with the TikTok Shop media. It is due to the absence of a direct meeting between the seller and the buyer, the size and color of the goods purchased do not match, the dishonesty of the business actors about the goods being sold, and the consumer's lack of understanding of the details of the product ordered. For this reason, consumer rights must be protected by the provisions of laws and regulations. This study analyses consumer protection in online shopping transactions through the TikTok Shop media based on Law Number 8 of 1999 and Law Number 1 of 2024. This study used empirical jurisprudence with a sociological normative approach. The type of data used is primary data. The results of the study indicate that there are aspects of legal protection for online consumers, as shown by Consumer Protection Law Number 8 of 1999 and Electronic Information and Transactions Law (ITE) Number 11 of 2008. The law provides fundamental rights for consumers, such as the right to security, accurate information, and compensation for non-conforming products. The results indicate the importance of implementing the principles of transparency and responsibility among online business actors to prevent consumer losses. Adequate consumer protection can increase consumer trust in e-commerce and encourage business actors to be more responsible in running their businesses.]]>
<![CDATA[The Urgency of Cybercrime Law Reform in Indonesia: Resolving Artificial Intelligence Criminal Liability ]]>
<![CDATA[Kurnia Dewi Anggraeny]]>;
<![CDATA[Mufti Khakim]]>;
<![CDATA[Muhammad Rizal Sirojudin]]>
<![CDATA[ JUSTISI Vol. 11 No. 1 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i1.3608
<![CDATA[The existence of AI is a separate system based on logic, where the information entered into the system will be processed with a programmed algorithm to determine a predetermined result. AI can cause various forms of harm to everyone, including its creator, and the harm it causes can have a long-lasting impact, considering that AI can make decisions similar to humans. The application of AI in the industrial sector will impact all existing systems, including the criminal justice system in all countries. Therefore, the legal regulation of cybercrime in Indonesia needs to be reformed to resolve criminal liability for criminal acts that AI can carry out. The formulation of the problem in this study is what is the urgency of updating cybercrime law in Indonesia. Furthermore, how is the legal policy on criminal liability for artificial intelligence resolved it. Thus, this study normative such as legal research carried out by examining library materials or data using statutory and analytical approaches. This study concludes and suggests that responsibility must be imposed on AI users and legal entities whose responsible parties are company directors. AI creators must also be responsible for the AI's actions. The renewal of cyber law in Indonesia is significant and should be done immediately, even in the Electronic Information and Transactions Law. Almost all institutional and personal documents are stored electronically; the state must also protect them. Other parties can then misuse these documents, which can be traded on the cyber black market and used irresponsibly. Illegal activities in cyberspace are also increasing, and the diversity of their actions with various skills is constantly increasing.]]>
<![CDATA[Onrechtmatige Overheidsdaad for not Fulfilling Incentives for the Protection of Sustainable Food Agriculture Land ]]>
<![CDATA[Riesta Yogahastama]]>;
<![CDATA[Bahri, Syaiful]]>;
<![CDATA[Mohammad Habib Ramdhani]]>
<![CDATA[ JUSTISI Vol. 11 No. 1 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i1.3642
<![CDATA[The regulation of sustainable food agricultural land, especially regarding incentives as an effort to prevent high conversion of functions, the government has the authority to provide incentives as a form of determination from government officials regarding restrictions on agricultural land owned by the community. In practice, the provision of incentives by the government is often not fulfilled, resulting in injustice for the community, even though the regulations explicitly regulate the provision of incentives. this article aims to, How is legal protection for the community regarding incentives for the protection of Sustainable Food Agriculture Land? what is the model of lawsuit against government officials if compensation is not fulfilled in the protection of Sustainable Food Agricultural Land? The type of research used is legal research with statute approach, conceptual approach. This research is prescriptive in nature which aims to provide arguments for the results of the research that has been conducted. The results of this study indicate that legal protection for farmers if their incentives are not fulfilled has not been concretely regulated in Law Number 41 of 2009 concerning the Protection of Sustainable Food Agricultural Land, besides that farmers in accessing justice experience difficulties due to the unregulated and also complicated arrangements regarding the provision of incentives. Also, when farmers experience losses from the non-fulfillment of incentives, they file a lawsuit for compensation, due to provisions that are not fulfilled by government officials as a result of the LP2B policy. Therefore, in law enforcement it is important to reconceptualize so that access to justice for people whose incentives are not fulfilled by the government can make claims against actions taken by the government. Keywords : Law Enforcement, Justice, Incentives]]>
<![CDATA[Legal Protection for Medical Laboratories Concerning Risk-Based Business Licensing Standards and the Fulfillment of Clinical Pathology Specialist ]]>
<![CDATA[Etik Nunuk Setyorini]]>;
<![CDATA[Mokhamad Khoirul Huda]]>;
<![CDATA[Andika Persada Putra]]>
<![CDATA[ JUSTISI Vol. 11 No. 1 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i1.3644
<![CDATA[Medical laboratories play a crucial role in the healthcare system but often face regulatory challenges, particularly in the context of licensing. The amendment to the Ministry of Health Regulation on the Standards of Business Activities and Risk-Based Licensing in the Health Sector, which requires Clinical Pathology Specialists (DSPK) as the responsible physician, replacing general practitioners, has created difficulties for medical laboratory operators. The main issue is the uneven distribution of DSPK across Indonesia, which impacts the operation of medical laboratories. This research aims to analyze the legal protection of medical laboratories concerning the fulfillment of risk-based business licensing standards, particularly regarding the requirement for DSPK. The research employs a normative juridical method by examining relevant laws, government regulations, and judicial decisions. The results indicate that in the formulation of regulation, the legislative rationale must consider philosophical, sociological, and juridical aspects. However, the sociological aspects is not fully addressed due to the uneven distribution of DSPK, rendering the regulation ineffective at the national level. This issue hampers public access to quality laboratory services. Therefore, legal protection is needed to ensure that national health standards are achieved without creating disparities in access to healthcare services across different regions.]]>
<![CDATA[Regulation Act of Torture in Criminal Code: Opportunity and Challenge to Improve Human Rights Situation in Indonesia ]]>
<![CDATA[M. Rizki Yudha Prawira]]>
<![CDATA[ JUSTISI Vol. 11 No. 1 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i1.3653
<![CDATA[This research aims to analyze the opportunities and challenges with regulating the criminal act of torture in Law No. 1 of 2023 concerning the Criminal Code (KUHP). The provisions regarding the criminal act of torture in the Criminal Code certainly open up opportunities in efforts to eliminate the practice of torture in Indonesia. The provisions of Article 530 of the current Criminal Code and the explanatory section stipulate that this article directly derives from the provisions in the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. On the other hand, all efforts and mechanisms to eliminate the practice of torture in Indonesia still require many steps to be taken. This research was conducted using a normative juridical method with a statutory approach. This research also provides an explanation of several gaps from previous similar studies by explaining several novel analyses, such as: (1) the application of sanctions to perpetrators must be adjusted to the provisions of international instruments, (2) revision of various articles in the Criminal Procedure Code which has the potential to perpetuate the practice of torture, and (3) the urgency to ratify the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). The conclusion of this research is an explanation that the regulation of criminal acts of torture in the provisions of the new Criminal Code needs to be appreciated, but of course it is not enough. The state must have high commitment and political will to revise the Criminal Procedure Code openly and involve the community, ratify OPCAT, implement national legal provisions, and ensure law enforcement against perpetrators.]]>
<![CDATA[Relevance of Aceh's Qanun Jinayat in Minimizing Cases of Sexual Harassment against Children in Aceh ]]>
<![CDATA[Wiwin Widiarti]]>;
<![CDATA[Erika Magdalena Chandra]]>;
<![CDATA[Rully Herdita Ramadhani]]>
<![CDATA[ JUSTISI Vol. 11 No. 1 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i1.3670
<![CDATA[This study aims to describe the relevance of Qanun Number 6 of 2014 concerning Jinayat Law as a legal regulation used to address cases of child sexual Harassment in Aceh. This is considered important because until now cases of child sexual Harassment in Aceh have continued to increase every year. In addition, Aceh is a region that has special regulations that are formed based on Islamic law and customary law. Therefore, the provisions relating to sexual Harassment in Aceh are different from other provincial areas that use the Child Protection Law, the Sexual Violence Crime Law or Law Number 1 of 2023 concerning the Criminal Code. The study was conducted using a sociological legal research method with descriptive analytical writing specifications. The focus of this study is on how the relevance of Aceh Qanun Number 6 of 2014 concerning Jinayat Law is in minimizing the number of cases of child sexual Harassment in Aceh, thus causing this study to be different from previous studies. The results of this study indicate that Qanun Number 6 of 2014 concerning Jinayat Law has not been able to optimally address cases of child sexual Harassment in Aceh. It is because the five factors that influence the effectiveness of the implementation of Qanun Jinayat in Aceh have not been effective until now. The five factors are legal factors, law enforcement factors, facilities and infrastructure factors, community factors and cultural factors. In addition, the provisions of the threat of sanctions contained in Qanun Jinayat when associated with the theory of just desert and the theory of the purpose of punishment in Islamic criminal law are still relatively light so that they have an impact on the unprotection of children's rights as victims and do not provide a deterrent effect for perpetrators.]]>
<![CDATA[Financial Services Authority Intervention as an Effort to Protect Bondholders in Corporations Declared Bankrupt by Commercial Court ]]>
<![CDATA[Happy Permata Sari]]>;
<![CDATA[Joni Emirzon]]>;
<![CDATA[Saleh, Putu Samawati]]>
<![CDATA[ JUSTISI Vol. 11 No. 1 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i1.3733
<![CDATA[This article discusses the fulfillment of rights for corporate bondholders declared bankrupt by the Commercial Court. No regulation can provide a comprehensive and integrated benchmark to ensure the protection of the rights of bondholder creditors, making this article important to discuss. This research aims to analyze the status of corporate bondholders declared bankrupt by the Commercial Court as creditors in the liquidation process, evaluate the forms of legal protection applied during the process, and assess the future application of the law in providing certainty of protection for bondholders. This research used normative legal research with statutory, historical, and futuristic approaches. The discussion results are carried out using an analysis perspective emphasizing deductive conclusions. Although corporate bondholders declared bankrupt by the Commercial Court have rights as creditors in the bankruptcy process, the legal protection is still ineffective. A regulatory gap results in uncertainty when implementing protection for bondholders. Revision of the Bankruptcy Law by including regulations regarding bondholders' creditors will provide certainty for the protection of creditors' rights, which can be derived in the Financial Services Authority (OJK) Regulation by enforcing supervision in the bankruptcy process in order to protect the interests of bondholders and ensure the stability of the economic development. ]]>
<![CDATA[EKSISTENSI KEBERADAAN SANKSI UU TPKS MEMBERIKAN PERLINDUNGAN BAGI KORBAN PELECEHAN SEKSUAL DIINDONESIA ]]>
<![CDATA[Fajar Yaskur]]>;
<![CDATA[Ifahda Pratama Hapsari]]>
<![CDATA[ JUSTISI Vol. 11 No. 1 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i1.3748
<![CDATA[This study aims to determine the existence of the sanctions of the sexual violence crime act called (TPKS) in various ways to provide preventive and repressive legal protection for victims of sexual violence. They are compiled using the normative method, which includes the study of laws and regulations, legal theories, opinions of experts, and other legal materials. Sexual harassment is an act that has a severe impact on victims, and the existence of the TPKS Law Number 12 of 2022 in Indonesia was formed as a legal umbrella effort and as an effort to renew punitive sanctions to follow up firmly on perpetrators of sexual harassment. The Criminal Code that has been amended and regulated in the Criminal Code Number 1 of 2023, which is explained in Chapter XV concerning criminal acts of decency, mainly regulated in articles 414 to 423 of the Criminal Code, has also not been able to provide complete legal protection for victims of sexual harassment. The Criminal Code also does not mention explicitly or explicitly the problem of sexual abuse. The result of this research is to provide explanation and legal protection for victims who are mentally disturbed due to the impact of sexual harassment and can provide punishment for perpetrators regardless of their status to create a deterrent effect for the perpetrators.]]>
