cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Wahab Aznul Hidaya
Contact Email
wahabaznulhidaya@um-sorong.ac.id
Phone
+6281248582845
Journal Mail Official
jurnaljustisi@um-sorong.ac.id
Editorial Address
Jl. Pendidikan No. 27 Kota Sorong
Location
Kota sorong,
Papua barat
INDONESIA
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
 1   2 
Search results for , issue "Vol. 11 No. 3 (2025): JUSTISI" : 20 Documents clear
Tantangan dan Solusi atas Komersialisasi Aplikasi Modifikasi di Indonesia Berdasarkan Undang-Undang Hak Cipta 2014 Hasbi, Hasbi; Nadia, Nadia; Rahmatullah, Nursalam
JUSTISI Vol. 11 No. 3 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i3.4306

Abstract

The study aims to analyze the polemic of commercialization of modified applications in copyright enforcement through an integrative approach between legal certainty, justice and expediency. The method of research used by the author is the normative juridical method, using secondary data, in the form of primary legal materials such as Law Number 28 of 2014 concerning Copyright and its implementing regulations; secondary legal materials in the form of legal literature, journal articles, research results, legal news and legal opinion articles which are then analyzed deductively. The novelty of this research lies in the assessment of copyright law that has not reflected substantive justice in the face of infringement through the commercialization of modified applications, using the approach of Hans Kelsen's Stufenbau theory and Gustav Radbruch's Integrative theory. The results show that the polemic of copyright enforcement against modified applications is mulltidimensional. On the legal side, the unclear norms in the Copyright Law regarding application modification activities, the weak monitoring and enforcement system, and the lack of technical regulations (PP and Permenkumham) governing digital applications. On the other hand, social, cultural, and economic factors such as low legal awareness, the rampant culture of using modified applications, and the economic inability of the community also exacerbate this illegal commercialization practice. The conclusion is that copyright enforcement of modified applications is not optimal due to the gap between normative regulation and practice. Based on Gustav Radbruch's integrative theory, the solutions offered include: (1) from the aspect of justice, the government needs to change the complaint offense into an ordinary offense for application copyright infringement and issue special regulations in the form of Government Regulations or Permenkumham for the protection of digital applications, coupled with improving the integrity of law enforcement officials; (2) from the aspect of legal certainty, it is important to revise Article 52 of the Copyright Law and strengthen supervision of the distribution of modified applications by e-commerce; and (3) from the aspect of expediency, solutions include public education, the use of open source applications as an alternative, open source application development, more affordable pricing strategies, to inclusive payment systems by official developers.
Legality of the Public Prosecutor's Amendment to the Charges in the Valencya Case in Karawang Mohamad Hani Anindito; Wijaya, Emilia Metta Karunia
JUSTISI Vol. 11 No. 3 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i3.3880

Abstract

The aim of this study is to analyze the legality of changes to charges by the public prosecutor during the reply stage in the Valencya case in Karawang, focusing on whether such changes are legally valid and their implications for the Indonesian judicial system. The method of research used is a normative juridical approach, which examines the applicable legal regulations and conducts a case study related to changes in charges at the reply stage. This approach also involves an analysis of relevant legal guidelines and procedures in the context of criminal justice in Indonesia. The novelty of this research lies in the analysis of the prosecutor's discretion in changing charges at the reply stage, something that is rarely studied in Indonesian law. This research provides new insights into the practice of changing criminal charges based on considerations of justice and legal morality. The results of the research show that although changing criminal charges to no charges is unusual, it is legally permissible. This provision is regulated in the Attorney General's Office Law and Guideline Book Number 24 of 2021. The amendment of charges was made because the public prosecutor prioritized the principle of justice over legal certainty, taking into consideration truth, conscience, and the values of God Almighty. The Attorney General conducted a special examination of this case because it was considered controversial and had a broad social impact. The conclusion of this study is that although changes to charges at the reply stage are permitted, clearer legal guidelines are needed to regulate the use of prosecutorial discretion. This aims to maintain a balance between justice and legal certainty, as well as to avoid inconsistencies in the application of the law, so that decisions made remain in line with the principles of fair law.
Comparison of the Principle of Meaningful Participation in the Process of Law Formation in Indonesia, Switzerland, and Sweden Saragih, Geofani Milthree; Putra, Rengga Kusuma; Ishwara , Ade Sathya Sanathana; Nugroho, Aziz Widhi; Ivory, Jared
JUSTISI Vol. 11 No. 3 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i3.4346

Abstract

This study aims to analyze the effectiveness of applying the principle of meaningful participation in lawmaking in Indonesia, Switzerland, and Sweden The method used is normative juridical with a case study and comparative law approach. Data collection was conducted through a literature review of regulations, official documents, and related literature, which was then analyzed qualitatively using a descriptive-comparative framework. The novelty of this research lies in its functional comparative approach, which not only compares legal frameworks but also the practical implementation of the principle of participation in the legislative processes of each country. This study highlights the gap between formal regulations and substantive practices in Indonesia, and identifies best practices from Swiss referendum democracy and Swedish public consultation mechanisms. The results show that Indonesia still faces challenges in ensuring substantive public participation, which tends to be formal and limited without influencing the substance of regulations. In contrast, Switzerland implements direct democracy through referendums, and Sweden has developed transparent and structured public consultation mechanisms. However, the future prospects in Indonesia are quite positive, with increasing demands for transparency, technological advances, and the role of civil society opening up opportunities to develop more inclusive and effective public participation in law-making. In conclusion, although Indonesia is still limited in ensuring substantial public participation, the opportunities to improve participation mechanisms through transparency and technology are quite promising, leading to a more inclusive and influential system in law formation.
Dui’ Papenre Customary Law Reconstruction Based on Human Rights Values in the National Legal System Syahril, Muh. Akbar Fhad; Asriyani, Arini; Krivins, Anatolijs
JUSTISI Vol. 11 No. 3 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i3.4409

Abstract

The purpose of this research is to reconstruct the practice of Dui' Papenre in Bugis marriage customs, ensuring it aligns with human rights values, particularly non-discrimination and equality, while preserving its cultural essence. This research also examines the harmonization between customary law, national law, and human rights principles, and proposes recommendations for legal reform. The research method used is normative law with a descriptive-analytical approach, supported by legislative, conceptual, and sociological perspectives. Data is sourced from legal documents and literature and analyzed qualitatively. The novelty of this research lies in its unique combination of analyzing Dui' Papenre from the perspectives of customary law, national law, and human rights, thereby filling a gap left by previous studies that have not comprehensively discussed this intersection. The findings reveal that the practice of Dui' Papenre still holds cultural value, but it often raises human rights concerns, particularly regarding the rights to form a family and non-discrimination, when the nominal value is disproportionate. The analysis shows that regulation through local regulations with reasonable nominal limits, dispute mechanisms, and community-based customary mediation can preserve traditions without violating human rights. In conclusion, the harmonization of customary law, national law, and human rights principles is key to ensuring that Dui' Papenre remains sustainable and fair. Transparent and participatory regulations will ensure that this tradition aligns with social justice and the protection of citizens' constitutional rights.
Restitution Rights for Child Victims of Sexual Violence: Justice or Legal Certainty Yulestari, Risma; Fitriah Faisal; Dewi Ratna Sari Rustam; Handrawan Handrawan; Sitti Aisah Abdullah
JUSTISI Vol. 11 No. 3 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i3.4498

Abstract

The purpose of this study is to analyze the fulfillment of restitution rights for child victims of sexual violence from the perspective of justice and legal certainty, as well as to examine the obstacles that prevent these rights from being optimally fulfilled in legal practice. The method used is a normative legal approach with descriptive analysis. The novelty of this research is that it emphasizes the need for judges to automatically award compensation to child victims of sexual violence, without waiting for a request from the victim, in order to achieve justice and legal certainty. The results of the study show that although the right to restitution for child victims of sexual violence is regulated in various laws and regulations, its implementation is still far from optimal. This is due to complicated application procedures, the victims' lack of knowledge about their right to restitution, and weak law enforcement, as there are no strict sanctions for law enforcement officials who neglect their duties. Restitution as a form of compensation aims to restore the condition of the victim. However, in practice, this is often ignored by judges in deciding a case, especially if there is no request from the victim. This study highlights the importance of the active role of law enforcement officials in ensuring the fulfillment of the right to restitution without having to wait for a request from the victim, as well as the need for harmonization and confirmation of sanctions in legislation in order to realize justice and legal certainty for child victims of sexual violence. The conclusion is that even though there are various laws and regulations governing restitution, the fulfillment of the right to restitution for child victims of sexual violence still faces normative and practical obstacles in Indonesia. In practice, many judges do not consistently consider the right to restitution, so that victims do not receive adequate compensation, thereby hindering their recovery process. Legal uncertainty is also caused by weak sanctions for negligent law enforcement officials, which means that victim protection depends on individuals rather than the system. The state should make restitution a fundamental legal obligation rather than merely an option to ensure justice and legal certainty for victims.
The Threat of Green Grabbing to Indigenous Peoples’ Rights in the Implementation of Law Number 32 of 2024 Mandala, Maulana Hendra; Muryani, Maria Ana; Rofiq, M.Khoirur
JUSTISI Vol. 11 No. 3 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i3.4601

Abstract

This study aims to examine the threat of green grabbing in the implementation of Law No. 32 of 2024 concerning Natural Resource and Ecosystem Management, with a focus on its impact on land tenure by indigenous peoples and environmental governance. This study uses normative legal research methods by analyzing legislation, international legal instruments, and related academic literature. A doctrinal approach is applied to assess the alignment between the normative ideals of the law and the practical implications of Law No. 32 of 2024, particularly those related to the recognition of customary land rights and environmental management involving indigenous peoples. The novelty of this research lies in its critical assessment of the conservation framework as a potential instrument for land grabbing legalized by the state in the era after the enactment of Law Number 32 of 2024. This research highlights the tension between the goals of ecological preservation and the protection of indigenous peoples' rights, which are often neglected in the implementation of conservation policies. The results of the study show that although Law No. 32 of 2024 contains progressive principles such as community participation and recognition of indigenous peoples, its implementation remains weak. This is reflected in the lack of adequate recognition of customary land rights and the weak application of the Free, Prior, and Informed Consent (FPIC) procedure, which opens up opportunities for the misuse of conservation policies as a pretext for land grabbing. This study concludes that the effectiveness of Law No. 32 of 2024 depends on the establishment of clear technical regulations, strong protection mechanisms for customary territories, and integrative agrarian reform. To prevent conservation policies from becoming a justification for land grabbing, indigenous communities must be recognized not only as affected parties but as key stakeholders in natural resource management.
Legal Liability of Event Organizers in Cases of Song Copyright Infringement: A Study of Decision No. 92/Pdt.Sus-HKI/Cipta/2024/PN Niaga Jkt.Pst Rusdinah, Rusdinah; Sitorus, Rolib
JUSTISI Vol. 11 No. 3 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i3.4628

Abstract

The purpose of this study is to analyze the effectiveness of legal norms in Law No. 28 of 2014 concerning Copyright and Government Regulation No. 56 of 2021 concerning the Management of Song and/or Music Royalties in guaranteeing the protection of the economic and moral rights of songwriters in the context of live performances, through a case study of Decision No. 92/Pdt.Sus-HKI/Cipta/2024/PN Niaga Jkt.Pst. The method used is normative juridical with a statutory approach, case approach, and conceptual approach which are analyzed qualitatively. The novelty of this study lies in the reconstruction of dual legal liability between performers (singers) and event organizers, as well as the application of Hans Kelsen's theory regarding the separation between legal norms (the should) and reality (being) in music copyright disputes. The results of the study show that there is still an imbalance between regulation and practice; industry players often ignore licensing mechanisms and royalty payments through the National Collective Management Agency (LMKN), and do not include the names of creators or make changes to works without permission. Although the judge in the case granted part of the lawsuit, the recognition of direct licensing practices outside the collective mechanism indicates a regulatory loophole and potential legal uncertainty. In conclusion, the effectiveness of positive law in copyright protection in Indonesia has not yet been fully achieved. Therefore, policy reforms are needed to integrate direct licensing mechanisms into the official legal framework, strengthen the role of the LMKN, and enforce stricter sanctions against moral rights violations, so that legal norms truly become a substantive protection instrument for creators.
The Constitutional Court's Decision on the Perppu on Mass Organizations from the Perspective of Rechtsstaat and Critical Legal Studies Bimantara, Arya; Salman, Radian
JUSTISI Vol. 11 No. 3 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i3.4662

Abstract

This study aims to analyze the Constitutional Court's consistency in reviewing the constitutionality of Government Regulation in Lieu of Law (Perppu) No. 2 of 2017 concerning Mass Organizations, which was later ratified as Law No. 16 of 2017. The study focuses on two main issues: first, whether the issuance of the Perppu meets the criteria of "compelling urgency" as defined in Decision No. 138/PUU-VII/2009; second, how the Court interprets multi-interpretable phrases such as "contrary to Pancasila" and "threatening national stability," for restricting the right to associate. The method used is normative legal research with a statute, case (ratio decidendi), and conceptual approaches, examining the principles of lex certa, due process, proportionality, and contrarius actus, strengthened by critical legal studies (CLS) to uncover the political legal dimensions behind the Constitutional Court's jurisprudence. The novelty of this research lies in its emphasis on the Constitutional Court's tendency to provide formal validation for the formation of Perppu but its absence in providing substantive interpretation of crucial clauses subject to multiple interpretations, combining legal-dogmatic analysis and CLS to assess the consistency of the Constitutional Court's decision on the Perppu on Mass Organizations, something that has not been done in previous studies which tend to discuss procedural or human rights aspects partially. The results indicate that the Court prioritizes political stability over human rights protection, thus creating a double standard in the application of the rule of law principler. In conclusion confirms although the Constitutional Court affirmed the constitutionality of the Perppu and the Mass Organizations Law, a passive attitude towards the multi-interpretable clauses opens up space for the normalization of restrictions on the right to associate outside the principles of legality, necessity, and proportionality as required by the ICCPR.
Annulment of Lease Agreements Based on Third-Party Undue Influence under the Indonesian Civil Code Nadine Adika Tifana; Etty Haryati Djukardi; Sherly Ayuna Putri
JUSTISI Vol. 11 No. 3 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i3.4762

Abstract

This study aims to examine the evidentiary process in lease agreement disputes involving undue influence and to analyze the legal protection afforded to lessees under the Indonesian Civil Code. The research gives particular attention to cases where undue influence is not exerted by the contracting parties themselves but by third parties who intervene in the contractual relationship. This study uses a normative legal research method combining conceptual, statutory, and case analysis, complemented by an empirical component through a structured interview with a District Court judge experienced in lease disputes. Decision No. 8/Pdt.G/2022/PN Mdn was purposively selected as the case study because it directly involves annulment of a lease agreement based on third-party undue influence. The novelty of this study lies in its systematic analysis of undue influence exerted by third parties in lease agreements, an aspect rarely examined in Indonesian legal doctrine and not explicitly regulated under positive law. This contribution fills an academic gap while providing a legal-argumentative framework that integrates doctrinal analysis with judicial practice. The results of this study indicate that third-party undue influence introduces an additional evidentiary burden: claimants must prove the lessee’s vulnerable condition, the deliberate intervention of a third party, and a causal link between that intervention and the lessee’s consent. Furthermore, legal protection for good-faith lessees is reinforced by Civil Code provisions, including Articles 1315, 1320–1321, 1338(3), and 1365, as well as supporting jurisprudence that emphasizes fairness and proportionality in assigning liability. This study concludes that undue influence by a third party can constitute a valid legal ground for annulment of lease agreements and that lessees acting in good faith must be shielded from disproportionate liability. The findings reinforce the judiciary’s duty to uphold substantive justice and provide guidance for courts, policymakers, and contracting parties in safeguarding fairness within Indonesian contract law.
Postponement of General Elections in Crisis Situations: Legal Analysis, History, and Implications for Democracy Putri, Nabila Diara; Irwan Triadi; M. Adnan Madjid
JUSTISI Vol. 11 No. 3 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i3.4787

Abstract

This study aims to analyze the historical of general election postponements in Indonesia, along with the legal basis and constitutional implications of delaying elections without a legitimate emergency. As the primary instrument of popular sovereignty, elections must be held periodically, fairly, and in accordance with the constitution. In this regard, postponing an election without a solid legal foundation could trigger legitimacy crises and constitutional disputes. The method used in this study is normative juridical research with a statute, conceptual approach and historical approach, with the data analyzed qualitatively and descriptively. The novelty of this study lies in its comprehensive review of the historical dynamics and legal framework surrounding election postponements from the era of Parliamentary Democracy to the Reform Era with a specific focus on the legal gap in responding to non-natural disasters such as the COVID-19 pandemic. The findings reveal that election postponements in Indonesia have often been linked to political and security crises, though not always grounded in a democratic legal process. The results of this study show that the postponement of elections in Indonesia has historically been influenced by political instability, legal ambiguity, and emergency situations, such as armed conflict or the COVID-19 pandemic. Despite these challenges, the legal framework in Indonesia lacks specific provisions regarding systematic election postponement, especially in the case of non-natural disasters. The ambiguity in interpreting terms like “other disturbances” under existing electoral laws has led to varying legal opinions and uncertainty in implementation. The conclusion of this study is that the postponement of elections can only be justified in the presence of a real and constitutionally recognized state of emergency. The absence of a clear legal framework poses a risk to democratic integrity and public trust. Therefore, the study emphasizes the urgent need to revise and strengthen electoral regulations by clearly outlining the procedures, legal basis, and conditions under which elections may be postponed, ensuring the protection of citizens’ constitutional rights in all circumstances.

Page 2 of 2 | Total Record : 20

 1   2 

Filter by Year

2025 2025


Reset
Filter By Issues
All Issue Vol. 12 No. 1 (2026): JUSTISI Vol. 11 No. 3 (2025): JUSTISI Vol. 11 No. 2 (2025): JUSTISI Vol. 11 No. 1 (2025): JUSTISI Vol. 10 No. 3 (2024): JUSTISI Vol. 10 No. 2 (2024): JUSTISI Vol. 10 No. 1 (2024): JUSTISI Vol. 9 No. 3 (2023): JUSTISI Vol. 9 No. 2 (2023): JUSTISI Vol. 9 No. 1 (2023): JUSTISI Vol 8, No 1 (2022): Januari 2022 Vol. 8 No. 3 (2022): JUSTISI Vol. 8 No. 2 (2022): JUSTISI Vol. 8 No. 1 (2022): JUSTISI Vol. 7 No. 2 (2021): Juli 2021 Vol 7, No 2 (2021): Juli 2021 Vol 7, No 1 (2021): Januari 2021 Vol. 7 No. 1 (2021): Januari 2021 Vol. 6 No. 2 (2020): Juli 2020 Vol 6, No 2 (2020): Juli 2020 Vol 6, No 1 (2020): Januari 2020 Vol. 6 No. 1 (2020): Januari 2020 Vol 5, No 2 (2019): Juli 2019 Vol. 5 No. 2 (2019): Juli 2019 Vol. 5 No. 1 (2019): Januari 2019 Vol 5, No 1 (2019): Januari 2019 Vol. 4 No. 2 (2018): Juli 2018 Vol. 4 No. 1 (2018): Januari 2018 Vol 4, No 2 (2018): Juli 2018 Vol 4, No 1 (2018): Januari 2018 More Issue