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<![CDATA[Legal Protection for Users of Crypto Assets in Futures Exchange Transactions ]]>
<![CDATA[Fidel, Yohanes]]>;
<![CDATA[Lastuti Abubakar]]>;
<![CDATA[Ema Rahmawati]]>
<![CDATA[ JUSTISI Vol. 11 No. 3 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i3.3913
<![CDATA[This study aims to understand the form and effectiveness of legal protection for consumers of crypto assets before and after the enactment of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (PPSK Law) and Financial Services Authority Regulations (POJK) Number 27 of 2024 and POJK Number 3 of 2024. The method used is normative legal research with a legislative approach and qualitative descriptive analysis techniques. This approach was chosen to explore the substance of legal norms and assess the practical implications of regulatory changes on the rights of consumers who use crypto assets. The novelty of this research lies in its critical analysis of the changes in the supervisory regime from the perspective of legal protection for digital asset consumers, which has not been comprehensively discussed before. This research is relevant amid the dynamic development of the rapidly evolving and complex digital financial sector, particularly following the enactment of the PPSK Law and the OJK's derivative regulations. The results of the study indicate that prior to the implementation of the latest regulations, legal protection for consumers of crypto assets was minimal and sectoral in nature, with a focus on commodity aspects by BAPPEBTI. This resulted in weak protection against risks such as value fluctuations, fraud, and threats to digital transaction security. However, after being transferred to the OJK, the protection approach became more integrated through the regulation of business licenses, clearing systems, digital asset storage governance, and more adequate dispute resolution mechanisms. In conclusion, the transfer of regulatory authority to the OJK significantly strengthens legal protection for cryptocurrency consumers in Indonesia. The new regulations enhance legal certainty and increase user confidence, while also fostering the development of a more transparent, accountable, and consumer-oriented digital asset ecosystem.]]>
<![CDATA[Role of Land Deed Officials (PPAT) in Protecting the Rights of Parties in the Creation of Deeds of Sale and Purchase of Land Rights ]]>
<![CDATA[Simanjuntak, Kristi Warista]]>
<![CDATA[ JUSTISI Vol. 11 No. 3 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i3.4186
<![CDATA[The aim of this study is to examine the role of land deed officials in sales and purchase transactions and the process of transferring ownership certificates, as well as to identify the obstacles encountered in practice. This study uses a socio-legal approach with a qualitative descriptive method, combining positive law analysis and interviews with land deed officials. The study also highlights the authority and responsibilities of land deed officials, including their obligations before and after the deed is drawn up, as well as the professional ethics regulated by the professional organization Association of Land Deed Officials (PPAT). The novelty of this research lies in its emphasis on the practical challenges faced by land deed officials in ensuring legal certainty in the sale and purchase of land and/or building rights, which has not been widely discussed in previous literature, especially regarding the mismatch between existing legal procedures and technical and administrative obstacles encountered in the field. The results of the study indicate that land deed officials play a very important role in ensuring the smooth sale and transfer of certificates through several stages, such as providing information, checking the completeness of documents, verifying the validity of certificates, and registering with the National Land Agency (BPN). However, the obstacles often encountered are the many requirements that must be met, high costs, lengthy processes, and inadequate facilities and technology. Solutions to overcome these problems include providing guidance to the public, collaborating with professional organizations to review tax costs, and improving facilities and technology that support the process of deed and certificate transfer. In concluded despite various challenges, the role of land deed officials remains crucial in maintaining legal certainty in the sale and purchase of land and/or building rights, with relevant solutions to simplify the process for the public.]]>
<![CDATA[The Phenomenon of Personal Data as a “Pseudo Guarantee” In Fintech: Legal or Not? ]]>
<![CDATA[Uswatun Hasanah]]>;
<![CDATA[Djulaeka, Djulaeka]]>;
<![CDATA[Murni, Murni]]>;
<![CDATA[A. Zaenurrosyid]]>
<![CDATA[ JUSTISI Vol. 11 No. 3 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i3.4247
<![CDATA[The study aims to examine the validity of personal data as a "pseudo guarantee" in fintech lending. The focus of this problem is whether the phenomenon of using personal data as a debt guarantee is justified. The research method is normative, employing a statute, a conceptual and a historical approach. The analysis uses deductive logic and teleological interpretation. Novelty of this study is different from offline loan agreements that are based on collateral, fintech is not based on collateral, but personal data has a dual function, first as the main basis for determining whether or not credit is approved and second as a pseudo guarantee if the debtor defaults. The results show that personal data is the basis of the platform to collect and "execute loans" by disseminating personal data of loan recipients to the contact numbers of people close to the borrower if the debtor defaults. The PDP Law, POJK No. 10/POJK.05/2022 and POJK No. 22 of 2023 prohibit Fintech from providing consumer data to other parties. Fintech organizers are required to keep the confidentiality of borrower data in accordance with the data acquisition agreement with the data owner. Conclusion, the use of personal data as a "pseudo guarantee" by providing consumer data to other parties if the loan recipient fails, based on POJK No. 10/POJK.05/2022 and Law No. 19 of 2016 is permitted as long as prior written consent is obtained from the owner of the personal data.]]>
<![CDATA[Legal Politics of Investigation Authority in Criminal Offences Under the Draft Criminal Procedure Code (RKUHAP) ]]>
<![CDATA[Panca Sarjana Putra]]>;
<![CDATA[S.Siagian, Fahrizal]]>;
<![CDATA[Brimob Ritonga]]>;
<![CDATA[Saied Firouzfar]]>;
<![CDATA[Dedi Kurniawan]]>
<![CDATA[ JUSTISI Vol. 11 No. 3 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i3.4273
<![CDATA[The aim of investigative research is a pro justisia stage that serves to gather two pieces of evidence to find the perpetrator of a criminal act after an investigation. This process is known as due process of law, which is contained in the Criminal Procedure Code (KUHAP). The renewal of criminal procedure law is to balance the pre-enactment of the 2026 Criminal Law. Therefore, several research objectives were obtained, namely to explain the authority of investigation in criminal acts in the 1981 KUHAP. Then, another objective is to explain the legal policy review related to the authority of investigation in criminal acts based on the Draft National Criminal Procedure Code. The method used in this study is normative juridical research combined with empirical data, through a conceptual approach, a legislative approach, and a case approach. Novelty This study is novel in that criminal procedure law, particularly dominus litis authority, cannot be expanded and the portion of investigation must remain with the state police investigators. This refers to the effectiveness and efficiency of law enforcement and the principles of human rights. The results of this study show that the authority to investigate criminal acts in Law No. 8 of 1981 on Criminal Procedure is vested in the Indonesian National Police. The legal policy review regarding investigative authority in criminal cases based on the Draft National Criminal Procedure Code aims to prioritize the prosecutorial authority of the public prosecutor in the handling of criminal cases. However, this situation may lead to undesirable issues in the future, such as violations of human rights and the inefficiency of the criminal justice process. The conclusion of this study is that the expansion of the authority of public prosecutors as criminal investigators is dangerous. Therefore, in terms of efficiency, effectiveness, and the enforcement of human rights, the expansion of the authority of public prosecutors in investigations under the Draft Criminal Procedure Code has the potential to undermine the sense of legal justice.]]>
<![CDATA[Sacred Justice: The Autonomy of Traditional Villages in Resolving Customary Disputes in Bali ]]>
<![CDATA[Prasada, Dewa Krisna]]>;
<![CDATA[Ni Putu Sawitri Nandari]]>;
<![CDATA[Kadek Julia Mahadewi]]>;
<![CDATA[Komang Satria Wibawa Putra]]>
<![CDATA[ JUSTISI Vol. 11 No. 3 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i3.4326
<![CDATA[The aim of this study is a fundamental part of Indonesia's state structure, as it has existed since Indonesia's independence and has been recognized within the legal framework. This recognition is enshrined in Article 18B of the 1945 Constitution and reinforced by Law No. 6 of 2014 on Villages. In Bali, customary law communities, known as krama desa, have special rights, including autonomous governance over local affairs. This study focuses on the autonomy of customary villages in Bali, particularly in resolving customary disputes. The study method used is normative legal research with a legislative approach, analyzing the legal provisions governing customary villages and their dispute resolution mechanisms. The novelty of this research contributes to the discourse on legal certainty and justice for customary law communities by clarifying the extent of the authority of customary villages in resolving customary law violations. The results of the study indicate that customary villages in Bali have legal authority to resolve customary law violations, as stipulated in Article 104(d) of the Village Law and Article 24(l) of the Bali Customary Village Regulation. This affirms their role in maintaining order through customary law traditions. In conclusion traditional villages in Indonesia, including in Bali, are constitutionally recognized and granted autonomy in governance and dispute resolution. To enhance legal certainty, traditional villages should establish clear procedural guidelines (awig-awig) for resolving disputes through traditional deliberative assemblies (paruman adat). This approach can ensure justice while maintaining environmental and social harmony within the customary legal system.]]>
<![CDATA[Urgency of Expanding the Meaning of State Financial Losses Based on Ecological Losses Resulting from Corruption in the Natural Resources Sector ]]>
<![CDATA[Jiwanti, Ainun]]>;
<![CDATA[Mona Ervita]]>
<![CDATA[ JUSTISI Vol. 11 No. 3 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i3.4334
<![CDATA[This study aims to analyze the urgency of expanding the meaning of state financial losses by including ecological losses resulting from corruption in the natural resource sector based on an ecocentric approach. This study uses a normative juridical method with a statute approach, a case approach, and a conceptual approach. The novelty of this study lies in the use of an ecocentric approach in the concept of state financial loss, which asserts that natural resources are part of state wealth, so their damage due to corruption in the natural resource sector must be considered as state financial loss. However, this contradicts the current legal approach, which only recognizes “actual loss” based on Constitutional Court Decision No. 25/PUU/XIV/2016, thereby hindering the recognition of ecological losses as part of state financial losses. The results of the study show that corruption in the SDA sector not only has an impact on state financial losses but also causes severe environmental damage. However, current law enforcement still uses an anthropocentric approach that only considers state losses in financial terms without including ecological damage caused by SDA corruption as part of state financial losses, so there is an urgent need to expand the meaning of state financial losses to include ecological losses. The conclusion of the research suggests that incorporating ecological losses into the calculation of state financial losses ensures that criminal law enforcement holds corrupt actors accountable not only for financial aspects but also for environmental restoration, thereby supporting ecological justice and the sustainability of natural resources.]]>
<![CDATA[Pardon for Corruptors: An Examination of Repentance and Restitution in Islamic Criminal Law ]]>
<![CDATA[Nasution, Liantha Adam]]>;
<![CDATA[Nasution, Fatimah Islamy]]>;
<![CDATA[Siti Aminah]]>;
<![CDATA[Zulfahmi , Zulfahmi]]>
<![CDATA[ JUSTISI Vol. 11 No. 3 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i3.4365
<![CDATA[This study aims to analyze the granting of clemency to perpetrators of corruption who return assets from the perspective of positive law and Islamic criminal law. This study examines the definition, elements, and mechanisms for handling corruption based on Law No. 31 of 1999 jo. Law No. 20 of 2001, Law No. 22 of 2002, and discusses the concept of jarimah ghulul in Islamic law, which emphasizes sincere repentance and restitution as prerequisites for divine forgiveness. The method used in this study is legal-normative and literature review to compare national legal norms with the principles of maqashid syariah, with a focus on maintaining justice, deterrence, and prevention of criminal acts. The novelty of this research lies in the fact that sincere repentance accompanied by restitution is an essential element for obtaining divine forgiveness, without neglecting the function of ta'zir punishment as a deterrent to prevent the repetition of the same act. The results of the study indicate that although clemency in positive law can be seen as a humane step toward the rehabilitation of offenders, its application must be accompanied by the condition of full asset restitution and a thorough evaluation of the socio-economic impact. This study provides recommendations for reforming pardon policies and integrating Islamic legal principles into regulations governing the restitution of corrupt officials' assets, with the aim of supporting comprehensive, fair, and effective anti-corruption efforts. These conclusions are expected to serve as a reference for policymakers and legal practitioners in formulating pardon mechanisms that not only prioritize humanitarian aspects but also uphold justice and prevent the recurrence of similar criminal acts.]]>
<![CDATA[Analysis of the Implementation of ATR/BPN Regulation No. 3 of 2023 concerning the Issuance of Electronic Documents ]]>
<![CDATA[Wilfi, Vania]]>;
<![CDATA[Amelia Sri Kusuma Dewi]]>;
<![CDATA[Dyah Widhiawati]]>
<![CDATA[ JUSTISI Vol. 11 No. 3 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i3.4373
<![CDATA[The aim of this study is to determine and analyze how the implementation of Article 14 Paragraph (2) of Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Regulation No. 3 of 2023 concerning the issuance of electronic documents related to virtual legal data research conducted at the ATR/BPN Office in Malang City is carried out, as well as the obstacles and efforts made by the BPN in Malang City in facing obstacles in legal data research. The method used in this study is a sociological approach to law, where law is viewed not merely as written rules but as a living and evolving social institution within society. The novelty of this research lies in its attempt to highlight how the implementation of virtual legal data research activities in land registration, as regulated by Ministry of Agrarian Affairs and Spatial Planning/National Land Agency Regulation No. 6 of 2018 on Systematic Land Registration (PTSL), is carried out, particularly in Malang City. The results of this study are based on the research object, which focuses on specific research variables related to the implementation of legal data research in systematic land registration in Malang City. This study seeks to examine and analyze the challenges and efforts made by the ATR/BPN Office in Malang City in implementing legal data research in systematic land registration. The concludes that the implementation of virtual legal data research in the PTSL program still faces various obstacles, such as the absence of technical guidelines, limited human resources, technical constraints, and data inconsistencies. Improvement efforts are being made through enhancing the quality of personnel, collaborating with villages, and conducting evaluations and socialization. This study recommends that the Ministry of ATR/BPN evaluate relevant regulations and promote increased legal awareness and administrative order in land matters among the public.]]>
<![CDATA[Judicial Considerations in Imposing Replacement Money Sanctions in Corruption Cases Involving State Land Transfer ]]>
<![CDATA[Lameng, Jihan Shavira Yosephin]]>;
<![CDATA[Elis Rusmiati]]>;
<![CDATA[Rully Herdita Ramadhani]]>
<![CDATA[ JUSTISI Vol. 11 No. 3 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i3.4427
<![CDATA[The study aims to examine and analyze the judge's consideration in the imposition of replacement money in corruption cases involving state land transfer through the lens of justice drawing on progressive legal theory, and the theory of economic analysis of law, while also assesing strategies to maximize the recovery of state financial losses through the application of replacement money. The method of research is normative juridical method with a qualitative descriptive approach, focusing on secondary data such a legislation, court decisions, and legal literature. The research specification used is descriptive analytical. Novelty of this research lies in highlighting analyze the effectiveness of additional criminal sanctions in the form of replacement money in corruptions offenses involving state land transfer in optimizing the recovery of state finansial losses through progressive law theory and economic analysis of law approach. The Results indicate that the implementation of replacement money as an additional criminal sanctions is considered not to be optimal in maximizing the recovery of state financial losses, Judges' considerations in several decisions examined show that the imposition of replacement money has not implemented progressive legal theory, without considering other forms of losses impacted by corruption offenses involving state land transfer. This is due to the absence of parameters as guidelines in imposing of replacement money Conclusion, it can be known that although Article 18 paragraph (1) letter (b) of the Corruption Law has included the amount of replacement money payments balanced with the assets/objects obtained from corruption crimes, a more progressive approach are needed to ensure that the imposition of replacement money can effectively restore the state's financial losses. Therefore, it is necessary to calculate the amount of replacement money using the NJOP indicator in corruption cases involving state land transfer in line with efforts to optimize the return of state financial losses.]]>
<![CDATA[Harmonizing Investigative Powers of KPK and Tax Authority in State Financial Crimes ]]>
<![CDATA[Vito Oktovianus Maupiku]]>;
<![CDATA[Mardian Putra Frans]]>
<![CDATA[ JUSTISI Vol. 11 No. 3 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i3.4369
<![CDATA[This study aims to analyze the overlap of investigative authority between investigators of the Corruption Eradication Commission (KPK) and investigators of the Directorate General of Taxes (DJP) in criminal acts that cause financial losses to the state and to harmonize these authorities.The study is a normative legal study using a legislative approach and a conceptual approach.Novelty previous studies have discussed the legal analysis of the authority of the Corruption Eradication Commission as the prosecutor of corruption offenders and the position of civil servant investigators of the Directorate General of Taxes in the framework of criminal tax law enforcement in Indonesia. The difference in this study is that it identifies and analyzes in depth the potential overlap of authority between the DJP investigators and the KPK in handling cases involving tax crimes that have implications for state financial losses, as well as formulating a model for coordination and synchronization of authority based on the principles of ultimum remedium and efficiency of law enforcement based on the principles of limited authority and lex specialis systematis.The results the application of the principle of limited authority and the principle of lex specialis systematis strengthens the authority of DJP investigators in handling tax crimes that cause financial losses to the state.Conclusion investigators of the DJP have more specific and effective authority in handling tax crimes that cause financial losses to the state, based on the principle of limited authority and the principle of lex specialis systematis.]]>
