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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 20 Documents
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Search results for , issue "Vol. 11 No. 2 (2025): JUSTISI" : 20 Documents clear
Application of Employment Agreements as a Legal Remedy to Protect The Rights and Obligations of Contract Workers Siregar, Dahris
JUSTISI Vol. 11 No. 2 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i2.4127

Abstract

The study aims provide an explanation and comparison of the legal aspects of Law Number 13 of 2003, which regulates the rights and responsibilities of workers who have contract status. This research method uses normative juridical law, so the focus of the research is processing legal documents and collecting and analyzing current legal elements based on secondary data sources. Novelty the legalization of the Manpower Law Number 13 of 2023, the status of contract worker or PKWT has sparked debates and demonstrations. This research provides an overview of each issue addressed at the base, unit, or company level in a bipartite cooperation organization. The problem will be resolved in the industrial relations court to provide the right result for the parties. The existence of a business contract is made in written form, making it a valid and legally binding written agreement for the parties. The study results emphasizing the need for a balance between workers' duties and rights, the mechanism for resolving industrial relations disorders as stipulated in Law Number 2 of 2004 through negotiations, conciliation, arbitration, and Industrial Relations Courts, as well as legal certainty and protection of human rights in employment contracts. Conclusion workers are required to comply with the company's regulations, be willing to change positions, maintain and maintain the confidentiality of the position, and comply with the Company's working hours regulations. If there is a dispute between workers and employers, the settlement must follow the provisions of the collective bargaining agreement. The problem is resolved through a bipartite cooperation institution, both at the base, unit, and company levels, and if the solution has been taken but does not give satisfactory results, then the problem will be resolved through the Industrial Relations Court.
Legal Aspects of Joint Account Contracts from a Civil Law Perspective Syafira Nurrin Qolbisyah; Hardian Iskandar
JUSTISI Vol. 11 No. 2 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i2.4213

Abstract

This study aims to analyze the legal validity of agreements and the liability of rekber service providers to their consumers. The research method used is normative juridical with a descriptive analytical approach to the applicable legal regulations related to sales transactions using rekber, supplemented with a limited empirical approach. In the Joint Account system, buyers are required to transfer funds, which is considered as acceptance of the applicable terms and conditions. Violation of these terms results in the forfeiture of the fees that have been paid. Novelty of this study lies in the agreement of sale and purchase and the use of a Joint Account system as a third party. The results of the study indicate that agreements in Joint Account transactions have binding force as contracts between sellers and buyers. However, there is the potential for legal cancellation of the agreement if the terms and conditions are considered unfair, non-transparent, or detrimental to consumers. Conclusion This study identifies that agreements in sales transactions using Joint Account systems such as Shopee are considered valid if they comply with the provisions of the Civil Code and there are two alternative dispute resolution methods in the event of breach of contract or fraud, namely non-litigation efforts through mediation and negotiation or with the assistance of a third party, or litigation through the court system.
Implementation of the Land Swap Agreement (Ruislag) for Waqf Land for the Construction of a Toll Road Umi Masnur Adniyah
JUSTISI Vol. 11 No. 2 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i2.4224

Abstract

This study aims to determine the process of implementing land swap agreements for waqf land used for toll road construction and to analyze the government's responsibilities in the implementation of the swap. The research method used is empirical juridical, interviewing directly the land owners, Nazhir, and the Office of Religious Affairs. The novelty of this study is the swap of waqf land to be built as public facilities in the form of a toll road with the assistance of Nazhir and the Office of Religious Affairs. The novelty of this research lies in the application of information technology and digital management systems to accelerate and simplify the ruislag (land exchange) procedure for waqf land. This may involve the use of digital platforms that enable more transparent and efficient monitoring processes and facilitate better communication between relevant parties such as the nazhir, the Ministry of Religious Affairs, the Indonesian Waqf Board (BWI), and the land office. The results of this study indicate that the implementation of the land exchange agreement for endowed land is carried out by the Nazhir, the District Religious Affairs Office (KUA), and the local District Land Office. The exchange process involves replacing the endowed land with land of equal or higher value. The conclusion drawn is that when the exchange is carried out, the Nazhir, as the administrator, must be transparent and prepare all necessary documents with the assistance of IWN to measure the evaluation instruments developed to assess the performance of waqf management at the national level, from waqf management, regulations, institutions, processes, systems, to results and impacts. while the guidelines used are Law Number 41 of 2004 on Endowment and Law Number 2 of 2012 on Land Acquisition for Public Interest Development.
Legal Analysis of Domestic Violence Based on the Mazhab Syafi’i and Indonesian Positive Law Muhammad Riezky Pradana Mukhtar; AlMubarok, Misbakhul Munir; Budiman Mustofa
JUSTISI Vol. 11 No. 2 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i2.4248

Abstract

This research aims to examine how standards for handling domestic violence can be formed by considering the views of the Shafi'i Mazhab and positive law in Indonesia. The method of research used is normative legal research using the statutory approach method and conceptual approach method. The novelty in this research compared to previous research lies in the dual approach used in analyzing cases of domestic violence, namely through the perspective of the Shafi'i Mazhab and Indonesian positive law. The results show that both Indonesian positive law and the Shafi'i Mazhab consider domestic violence as an act that is contrary to the principles of justice and welfare in the family. However, there are differences in their perspective and legal implementation. The conclusion in Syafi'i's view, domestic violence is associated with the concept of nusyûz, which allows husbands to discipline their wives within strict limits, but this approach is no longer considered relevant in the modern era that rejects all forms of physical violence. Meanwhile, Law No. 23/2004 on the Elimination of Domestic Violence provides comprehensive protection against various forms of domestic violence, although it still faces implementation challenges such as weak law enforcement, patriarchal culture, and social stigma. Therefore, a renewal of the understanding of Islamic law is needed.
The Compensation for Victims of Wrongful Shooting through Pretrial and Alternative Solutions in Indonesia Shihaf Ismi Salman Najib; Geofani Lingga Meryadinata
JUSTISI Vol. 11 No. 2 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i2.4265

Abstract

This study aims to analyze the mechanism for filing and providing compensation for victims of wrongful shootings in pretrial according to criminal procedure law in Indonesia and explore alternative solutions for victims who do not get the proper compensation. The study method used is normative juridical, emphasizing a prescriptive nature because it solves society's legal problems. It is based on literature studies on primary legal materials such as laws, regulations, and court decisions and secondary legal materials such as journals and legal literature. The novelty of the study lies in the discussion of compensation mechanisms for victims of wrongful shootings and alternative solutions that have not been the primary focus in previous studies. This study explored the effectiveness of pretrial procedures as a solution for victims of wrongful shootings by law enforcement officers, as well as analyzed existing legal mechanisms to identify and propose improvements to prevent similar incidents in the future. The results show that victims of misfire can be compensated through the pretrial petition mechanism stipulated in KUHAP, Government Regulation No. 92/2015, and Ministry of Finance Decree No. 983/KMK.01/1983. However, the existing provisions still restrict the amount of compensation, which is often disproportionate to the victim's losses. Thus, alternative solutions that can be pursued include: (1) non-litigation settlement of cases through negotiation or mediation, (2) taking the criminal route by filing a lawsuit for deprivation of liberty and requesting compensation, and (3) filing a civil lawsuit based on unlawful acts (tort lawsuit). This study concludes that the government needs to revise Government Regulation No. 92/2015 by removing the minimum and maximum compensation limits. The amount of compensation should be determined by the District Court Judge, considering the level of loss suffered by the victim. Thus, justice for victims of wrongful shootings can be realized more optimally.
Guaranteed Wages and Social Security for Daily Workers at PTP Nusantara XIV Awaya Arter Lukas Tulia
JUSTISI Vol. 11 No. 2 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i2.4089

Abstract

The study aims to discuss the protection and fulfillment of the rights of casual workers at PTP Nusantara XIV Awaya. This study focuses on the regulation and implementation of wage guarantees and social security programs for casual workers at PTP Nusantara XIV Awaya. The research method applied in this study is normative legal analysis, which includes an analysis of secondary data and the use of interviews with respondents or informants as primary data. The novelty of this research lies in its focus on the rights of daily workers at PTP Nusantara XIV Awaya, which are not explicitly regulated in employment agreements. This irregularity creates legal uncertainty that directly impacts the company's fulfillment of workers' rights. The results of the study show that casual daily workers at PTP Nusantara XIV Awaya do not receive adequate legal protection and certainty regarding their rights to wages and social security. These findings are based on interviews with respondents and an analysis of the applicable piecework employment agreements. The employment contract does not clearly stipulate the amount of wages, potentially leading to legal uncertainty in the implementation of workers' rights. Additionally, the company is obligated to fulfill workers' social security rights in accordance with applicable laws and regulations. However, in practice, PTP Nusantara XIV Awaya fails to fulfill this obligation for daily casual workers. The study concluded that daily workers at PTP Nusantara XIV Awaya, based on interviews with one of the daily workers, a foreman, and members of the company's legal team, do not receive social security programs such as BPJS Ketenagakerjaan. In addition, wage rates are not specifically regulated in the work agreement. However, these workers' rights are regulated and mandated by Government Regulation No. 35 of 2021 on social security and labor.
Religion-Based Law Enforcement in Indonesia, Malaysia, and Saudi Arabia: A Comparative Law Analysis Mohammad Furqoon Senoaji; Ifahda Pratama Hapsari
JUSTISI Vol. 11 No. 2 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i2.4263

Abstract

This study aims to analyze and compare the complexity of religious law's implications for law enforcement in Indonesia, Malaysia, and Saudi Arabia, which have a majority Muslim population. The study comprehensively analyzed the literature, maximizing articles and sources relevant to the three countries' patterns, differences and similarities of law enforcement, by summarizing and examining the writings. A comprehensive method is used by outlining legal reforms and public education to ensure that equal rights for religious minorities are substantially respected and protected. This novelty is in the results from previous studies that examined the application of Islamic criminal law in Indonesia, Malaysia, and Saudi Arabia. The results of this study show the complex challenges and potential for protecting the rights of minority citizens in implementing Islamic law in each of these countries. Furthermore, it is mentioned in this study that the linear application of Islamic law in state policy often leads to tensions and resistance between religious principles, human rights principles and internationally recognized law which is currently often accepted by Saudi Arabia through the ijtihad system and the dual influence of Sharia and regulations issued by the state. In contrast, Indonesia and Malaysia are considered more flexible by applying two legal systems for Islamic communities and civil society in general. The study concluded by comparing law enforcement activities carried out in the three countries, which revealed why the three countries with the majority of the population of Islam could implement a legal system with diverse impacts.
Reformulation of Electronic Evidence in Forex Trading Manipulation Crimes Terra Whisnu Murti; Abdul Kholiq
JUSTISI Vol. 11 No. 2 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i2.4264

Abstract

The aim of this study is to find the root causes of problems in legislation and weaknesses of law enforcement officials in maintaining the validity and authenticity of electronic evidence in cases of forex trading manipulation, as well as to reformulate relevant laws after identifying the root causes of the problems. The method used in this study is a normative juridical method using a legislative approach to analyze regulations related to the examination of electronic evidence and a conceptual approach in reformulating relevant regulations. Data was obtained through analysis of legislation, literature, and relevant legal doctrines. The novelty of this research lies in its focus on regulatory reform related to electronic evidence in forex trading manipulation crimes. It not only involves reformulation but also determines how the novel aspects of legal practice should be implemented. The results of this study indicate that regulations on electronic evidence, particularly Artificial Intelligence (AI) in forex trading, still need to be reformulated to accommodate technological developments, especially in terms of authenticity. The lack of knowledge of law enforcement officials in the field of technology is also a priority in determining how law enforcement officials carry out their duties as investigators in technology-based crimes. The study concludes that the existing weak regulations and the lack of knowledge of law enforcement officials in maintaining the validity of electronic evidence in cases of manipulation need to be strengthened through the reformulation of laws and regulations and the expansion of knowledge in technology for law enforcement officials. With more adaptive and comprehensive reformulation, the evidence system in forex trading cases can be more effective and provide better legal protection.
Choice of Law in International Contracts Based on the Hague Principles 2015: Indonesian Positive Law Perspective Geofani Lingga Meryadinata; Shihaf Ismi Salman Najib; Ahmad Bastomi
JUSTISI Vol. 11 No. 2 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i2.4317

Abstract

The study aims to examine the principle of choice of law in The Hague Principles 2015, assess the application of choice of law and forum clauses in international contract disputes, and evaluate the relevance and obstacles to its application in Indonesian law to encourage harmonization and legal certainty in cross-border transactions. This research method used a normative legal approach through a literature study with three approaches: statute, case, and comparative. The focus is on applying The Hague Principles 2015 on the choice of law in international contracts and its relevance to Indonesian positive law to strengthen legal certainty and the parties' autonomy. The Novelty this study lies in the study of the potential adoption of THP 2015 in the Indonesian legal system, which until now has not officially recognized these principles. In addition, this study discusses the challenges of implementing legal options and forum options in national law and analyzes real cases of international contract disputes. The study results show that the principle of choice of law in The Hague Principles 2015 upholds the parties' autonomy. However, Indonesian law has not optimally accommodated this principle, causing uncertainty in applying choice of law and forum clauses in international contracts involving national jurisdictions. The conclusions of the Hague Principles 2015 affirm party autonomy in international contracts, allowing freedom to choose the applicable law. Though non-binding, they influence legal interpretation globally. Integration into Indonesia's legal system is recommended to enhance legal certainty, support cross-border trade, and guide judges, practitioners, and scholars in resolving international contract disputes.
Determination of Inheritance Rights for Transgender Individuals According to Positive Law in Indonesia Dian Ayu Rizkika; Gunawan Djajaputra
JUSTISI Vol. 11 No. 2 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i2.4338

Abstract

This study aims to analyse the legal position of transgender inheritance in the inheritance system in Indonesia concerning customary law, the Compilation of Islamic Law, and applicable civil law. This study uses a normative legal method with a regulatory-legislative approach and a contextual approach. The data sources used include relevant laws and regulations, Islamic legal doctrines, and court decisions related to transgender inheritance cases in Indonesia. The analysis examined the relationship between applicable legal provisions and legal practices in society. The novelty of this study lies in a comprehensive analysis of the position of transgender people in Indonesian inheritance law and the identification of alternative solutions outside the conventional inheritance system. The results of this study reveal that although Islamic law does not recognise gender change about inheritance status, there is no explicit prohibition in the KHI regarding the distribution of inheritance to transgender people. Therefore, mechanisms such as grants, agreements, and wills are legal alternatives that can be used to provide part of the property to transgender people in a family. The results of the study indicate that in the legal system in Indonesia, transgender people do not have specifically recognised inheritance rights. However, legal provisions allow the use of other instruments such as grants and wills to provide property to transgenders without violating the principles of Islamic law or positive law. The study concluded that although there are no explicit regulations regarding inheritance rights for transgender individuals, alternative mechanisms in Indonesian inheritance law can be used to ensure justice for all parties. Therefore, more inclusive legal policies are needed so that this issue can be adequately accommodated in the national legal system.

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