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<![CDATA[Analysis the Implementation Ministry of Transportation Decree Number KM 65 of 2009 in Shipping Crimes ]]>
<![CDATA[Ardiansyah, Yusuf Amir]]>;
<![CDATA[Umlati, Dandi]]>;
<![CDATA[Yasdin, Ewi]]>;
<![CDATA[Faisal, Muhammad]]>;
<![CDATA[Hasibuan, Amirul Adli Habib]]>
<![CDATA[ JUSTISI Vol. 11 No. 2 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i2.3901
<![CDATA[The study aims to analyze the effectiveness of the implementation of the Decree of the Minister of Transportation Number KM 65 of 2009 concerning the Standard of Non-Convention Vessels (Non Convention Vessel Standard) Flagged by Indonesia in a criminal act of shipping in Sorong Waters. The author uses a normative legal approach with a descriptive analysis method. The descriptive analysis method is an analysis method that focuses on case problems, then linked to existing legal principles and conclusions are drawn from the analysis. The data collection technique uses a secondary data collection method consisting of primary legal materials in the form of legal regulations or the results of judges' decisions that have been final and binding, and secondary legal materials in the form of scientific research journals compiled by legal experts. In this study, the author found that there had been a waiver of the KM 65 of 2009 regulation by the judge in a case of a criminal act of shipping violation with Decision number: 267 / Pid.B / 2023 / PN Son. In this mn case, the judge made a mistake by not conducting a thorough examination. The judge's mastery of shipping regulations is considered very weak. The judge has the authority to ask the public prosecutor to present an expert, namely the Harbor Master, to request expert information and also clarification on the Sailing Approval Letter that has been issued by him. There are quite a lot of shipping regulations so that the presence of an expert is needed to provide input to the judge on the technical regulations of the ship. Law enforcers in Indonesia are accustomed to focusing their views on a regulation at the level of the Law which already contains sanctions and types of violations. Therefore, the author is of the opinion that the regulation KM 65 of 2009 concerning the Indonesian-flagged Non-Convention Vessel Standard must be formed at the level of the Law and the presence of an expert in the legal field is needed to explain clear legal regulations so as to minimize the judge's error in a regulation. These two things must be done so that the case of ignoring the regulation KM 65 of 2009 does not happen again, and the economic activities of shipping are not disrupted due to incorrect law enforcement.]]>
<![CDATA[Legality Analysis of Baros Mangrove Area Designation with the Status of Essential Ecosystem Area on Sultan Ground Land ]]>
<![CDATA[Imam Amalda Rizki Harahap]]>;
<![CDATA[Sunarya Raharja]]>
<![CDATA[ JUSTISI Vol. 11 No. 2 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i2.3960
<![CDATA[This study aims to answer the question of why Baros mangrove forest area does not yet have legal legality and the opportunities for this area to be used as an essential ecosystem area, Kawasan Ekosistem Esensial (KEE). This study used empirical normative research to integrate normative legal aspects at the level of theories, rules, and legal principles and empirical legal aspects, namely the application of law in social reality in society. The qualitative approach method is obtained from interviews, observations, recordings, and others. The novelty of this study is related to the study object and the procedure for the designation of the candidate for the Baros mangrove KEE, which is different from the previous KEE designation, which was only based on national law. At the same time, the KEE designation in D.I Yogyakarta uses two legalities. They are a KEE Decree Letter (National Law) and a Certificate of Land Rights on Sultanate land (Privilege Law). The study results found that there is already a wetland KEE management forum in the Special Region of Yogyakarta Province, which is contained in the Decree of the Governor of the Special Region of Yogyakarta Number 111/Kep/2022. Concluded that efforts to determine the Baros KEE mangrove forest area have great opportunities.]]>
<![CDATA[The Application of Penal Mediation in Handling Minor Criminal Offenses Regulated by Regional Regulations ]]>
<![CDATA[Fandri Rachmanto]]>
<![CDATA[ JUSTISI Vol. 11 No. 2 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i2.3961
<![CDATA[This study aims evaluates the effectiveness of penal mediation in resolving minor offenses under Regional Regulations (Perda) in Indonesia, focusing on reducing court caseloads and aligning with national and local legal frameworks. This study A normative legal research method was used, analyzing primary legal materials, such as laws and judicial decisions, supplemented by secondary sources, including case studies. A comparative analysis was conducted with New Zealand’s restorative justice system. Novelty The research highlights the integration of penal mediation within Perda as a tailored approach for minor offenses. It identifies challenges such as regional disparities, limited mediator availability, and insufficient public awareness, offering strategic recommendations. Findings Penal mediation effectively resolves minor offenses by emphasizing dialogue and accountability. However, inconsistent mediator training and lack of institutional support remain key challenges. Conclusion Penal mediation is an effective alternative for minor offenses under Perda. Its success depends on public awareness, standardized training, and institutional support. Lessons from international best practices can help optimize its implementation.]]>
<![CDATA[Human Rights Enforcement in Indonesia towards the Implementation of Pancasila Values ]]>
<![CDATA[Yustitianingtyas, Levina]]>;
<![CDATA[Irawan, Anang Dony]]>;
<![CDATA[Dedy Stansyah]]>
<![CDATA[ JUSTISI Vol. 11 No. 2 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i2.3079
<![CDATA[The study aims to determine the extent of the Indonesian Government's efforts to provide protection of Human Rights (HAM) in order to remain firmly adhered to the values of Pancasila. This research method is normative juridical, with a statutory approach using data analysis techniques and processing the results of primary material collection and secondary material collection. Novelty of this research provides a more comprehensive view of efforts to restore and improve human rights enforcement in post-New Order Indonesia, especially in the face of human rights violations that remain unresolved, such as the Tanjung Priok, Aceh, Semanggi, East Timor and Papua cases. This study also offers a solution based on Pancasila values as the basis for making legal policies, which have not been thoroughly applied by the government in law enforcement practices in Indonesia. The study results show that human rights enforcement in Indonesia is still far from the true meaning of justice, because it is still influenced by the interests of the authorities, law enforcement officials, and so on. Included in the enforcement of human rights is also still very far away from the values of Pancasila. Conclusion of this paper is that all formulations and policies of the State must be guided by the values of Pancasila, especially in the enforcement of human rights in Indonesia, although many cases that occur in law enforcement do not reflect Pancasila as the identity of the nation.]]>
<![CDATA[Legal Review of Consumer Rights in Product Sales Through the Bundling System ]]>
<![CDATA[Rohaedi, Rosalia Alima Utami]]>;
<![CDATA[Susilowati Suparto]]>;
<![CDATA[Elisatris Gultom]]>
<![CDATA[ JUSTISI Vol. 11 No. 2 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i2.3952
<![CDATA[The study aims to determine consumer rights in product sales through an adverse bundling system and dispute resolution efforts to maintain rights. The focus of the problem is the fulfillment of consumer rights and their resolution, both in court and out of court. The method of research used by the author is normative juridical, which examines theories, concepts, legal principles, and laws and regulations related to the research topic. Novelty of this research is the gap in the implementation of product sales strategies carried out by business actors with the GCPL Law in implementing a bundling system that forces consumers to buy products in packages. This emphasizes empowering weak consumers in the face of adverse conditions. Often the product sales strategies found can benefit consumers in shopping, thus making this research different from previous studies. The results showed that according to the GCPL, business actors should not force consumers to buy products with a bundling system, because it can reduce consumer comfort when shopping. In implementing the bundling system, it is natural to pay attention to the GCPL so as not to cause harm to consumers. Consumers also have the right to security, honest information about product conditions, and the right to choose goods according to the exchange rate stated in the GCPL Law. Conclusion, consumer protection can be carried out through LPKSM supervision seen from the obedience of business actors as prevention. Legal efforts that can be taken by consumers include peaceful settlement, BPSK, or court through a tort lawsuit.]]>
<![CDATA[The Role of the Government Regarding Land Rights of Residents Affected by Abrasion ]]>
<![CDATA[Ahmad Hadzikil Fahimi]]>
<![CDATA[ JUSTISI Vol. 11 No. 2 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i2.4026
<![CDATA[This study aims to see that from the abrasion disaster, many residents have lost their land rights. In this case, the government must protect the rights of residents affected by the abrasion disaster. The research method used is an empirical juridical approach to the method of legislation. Novelty of the research is that the loss of land rights of residents affected by abrasion can be done through land registration so that their land rights can be protected by the government. Land registration is carried out to protect the rights of citizens with land registration the government can follow up the process of protecting land rights. The result of the research the government has tried to protect their rights by providing aid funds to its citizens, but there has been no announcement for citizens in the registration of land affected by abrasion. Conclusion in Land Regulation No. 24 of 1997, the legal status is considered invalid because it is not in line with the physical data or legal data that is used as strong evidence and the Jembrana Regency Government has made efforts to prevent the occurrence of abrasion disasters by banning beach sand mining and the manufacture of concrete to break sea waves.]]>
<![CDATA[Implementation of the Principle of Equality Before the Law in the Dynamics of Indonesian Law ]]>
<![CDATA[Salomo Jitmau]]>;
<![CDATA[Naim, Sokhib]]>;
<![CDATA[Muh Akhdharisa SJ]]>
<![CDATA[ JUSTISI Vol. 11 No. 2 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i2.4088
<![CDATA[This study aims to analyze the principle of equality before the law in Indonesian positive law and how this principle is understood and applied in practice. The research method used is normative legal research with a sociological jurisprudence approach to describe the gap between law in books and law in action. Data sources were obtained through document studies, including books, journals, and relevant laws and regulations, with qualitative analysis of the deductive model. Novelty of this research is in the form of a legal perspective in understanding and evaluating the implementation of the principle of equality before the law in Indonesia. The results of the study show that the principle of equality before the law has been guaranteed in Article 27 paragraph (1) and Article 28D paragraph (1) of the 1945 Constitution, as well as in a number of other legal regulations such as the Criminal Code (KUHP) and Law Number 48 of 2009 concerning Judicial Power. However, in practice, the implementation of this principle still faces various challenges, including discrimination, abuse of power, and inequality in law enforcement. This study also found a gap between written regulations and implementation in the field, resulting in legal injustice against certain groups. In conclusion, although the principle of equality before the law has become an integral part of the Indonesian legal system, its implementation is still far from ideal. Improvements are needed in the legislative system, law enforcement oversight, and increased public awareness to achieve equal justice under the law. This study provides recommendations for the government and law enforcement officials to be more consistent in implementing the principle of equality before the law, taking into account the moral values of Pancasila as the philosophical foundation of the state.]]>
<![CDATA[Efforts to Withdraw Inheritance Assets Controlled by One of the Heirs ]]>
<![CDATA[Dewanto Satrio Prakoso]]>;
<![CDATA[Arauna, El-Roi]]>;
<![CDATA[Tri Budhayati, Christiana]]>
<![CDATA[ JUSTISI Vol. 11 No. 2 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i2.4201
<![CDATA[This study aims to explain the efforts that can be used by aggrieved heirs to withdraw the inheritance property controlled by one of the heirs due to a will made under duress. The research method used is normative legal research using the statutory approach method and conceptual approach method. Novelty in this research is to provide the most appropriate effort in withdrawing inherited property controlled by one of the heirs, this novelty includes important elements that will contribute to science, especially in the field of inheritance law. Meanwhile, people only withdraw inherited property using the inheritance law approach. The research shows that there are various efforts to withdraw the inheritance controlled by another heir such as the Right of Hereditatis Petitio, the right to demand the distribution of inheritance, and unlawful acts. The author concludes, taking into account the advantages and disadvantages of each of these efforts, that the effort through the right of hereditatis petitio is the most appropriate effort to withdraw inherited property controlled by one of the heirs.]]>
<![CDATA[Criminal Policy on Countering Organized Crime Against Land Ownership in the Perspective of Criminal Law Reform ]]>
<![CDATA[Darmawan, Yuda Pratama]]>;
<![CDATA[Suetani, Lies]]>;
<![CDATA[Pujiwati, Yani]]>
<![CDATA[ JUSTISI Vol. 11 No. 2 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i2.3902
<![CDATA[This research aims to analyze the countermeasures of organized criminal acts related to land ownership in Indonesia and analyze criminal policies to overcome these criminal acts in the future from the perspective of criminal law reform. The method used is a normative juridical method, which examines library materials and secondary data related to legislation and literature relevant to the problem under study. The novelty of this research lies in the clarity of the function of the Land Mafia Task Force attached to each institution, which aims to avoid sectoral ego. The results show that the settlement of land mafia cases is carried out using penal and non-penal approaches. The penal settlement serves as a catalyst for strict law enforcement, while the non-penal approach focuses on preventive efforts. Although countermeasures against organized crime have been implemented by involving Law Enforcement Officials and the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency through the Anti Land Mafia Task Force, this organized crime is still challenging to solve because it is carried out in a structured and organized manner. The conclusion of this research is that legal reform is needed to tackle this problem, which has the potential to cause huge losses and many victims. The suggested legal reform is to prioritize non-penal policies that are sustainable through cooperation between relevant stakeholders. Thus, overcoming organized crime against land ownership can be done thoroughly, starting from prevention through public education and prosecution of perpetrators to recovery of losses for victims and closing the space for new, more varied crimes.]]>
<![CDATA[Legal Positivism Influence on Law Enforcement and Judicial Practice in Indonesia ]]>
<![CDATA[Kamil, Renita]]>
<![CDATA[ JUSTISI Vol. 11 No. 2 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i2.4049
<![CDATA[The study aims to examine the influence of legal positivism on law enforcement and judicial practices in Indonesia, particularly in the context of its limitations in realizing substantive justice. The main focus is on the issues of customary land rights, human rights enforcement, and corruption eradication. This method is a normative qualitative approach combining doctrinal analysis and comparative law. Data was collected through a literature study of relevant laws and regulations, court decisions, and academic literature. This method is used to explore and interpret the principles of legal positivism and its influence on the Indonesian legal system, without involving empirical data collection. The novelty of this study lies in its interdisciplinary approach that integrates classical legal positivism theory with contemporary challenges faced by Indonesia's pluralistic legal system. The research introduces the concept of “inclusivity positivism” which suggests that the legal system can retain a formal normative structure, yet still be accommodating to principles of substantive justice, constitutional values, and international human rights norms. The results show that the rigid application of legal positivism often hinders the achievement of social justice. In cases such as customary land rights and corruption eradication, courts tend to prioritize written regulations even when they contradict social realities and constitutional values. The findings also show that although the Constitutional Court has tried to balance with constitutional principles, implementation at the general court level is still limited due to the highly formalist legal culture. This study concludes that legal reform is needed that balances legal certainty and substantive justice. This can be achieved through updating laws in line with human rights principles, training judges in progressive constitutional approaches, and increasing the role of oversight institutions such as Komnas HAM. Thus, legal positivism in Indonesia does not need to be abandoned, but needs to be developed to be more responsive to the demands of justice in a pluralistic society.]]>
