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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
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Search results for , issue "Vol. 12 No. 1 (2026): JUSTISI" : 20 Documents clear
Unhealthy Business Competition in Government Procurement of Goods/Services in Indonesia: An Analysis of the Friedman Legal System Arifin, Zaenal; Arief Slamet Karyadi; Miftah Arifin
JUSTISI Vol. 12 No. 1 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.4597

Abstract

This study aims to analyze unfair business competition practices and their resolution mechanisms in government procurement of goods and services in Indonesia using Lawrence M. Friedman's legal system theoretical framework. The study method used is normative legal research with a legislative, conceptual, and case study approach, which is analyzed qualitatively through a review of legislation, decisions of the Business Competition Supervisory Commission (KPPU), and relevant legal literature. Case studies were conducted by analyzing three KPPU decisions that represent patterns of tender collusion in procurement, namely the Revitalization of Taman Ismail Marzuki (TIM) Phase III case, the provision of clean water in North Lombok, and the construction of the Prabumulih Mall. The novelty of this research lies in the simultaneous integration of weaknesses in legal structure, legal substance, and legal culture to assess the effectiveness of antitrust law enforcement in the procurement sector. The results of the study show that the main obstacles to the enforcement of business competition law not only stem from regulatory loopholes and definitions of norms that are not yet operational, but are also influenced by institutional capacity constraints, weak inter-agency coordination, and a permissive culture towards collusion in procurement practices. This study emphasizes that strengthening the effectiveness of law enforcement requires practical measures such as refining the norms prohibiting collusion, integrating sanctions and a database of violations into the national e-procurement system, and strengthening the synergy between KPPU and LKPP through a post-decision monitoring mechanism to prevent repeat violations. The conclusion of the study states that regulatory reformulation, strengthening of supervisory institutions, and renewal of the culture of compliance are key prerequisites for the realization of transparent, fair, and accountable procurement governance.
The Use of Intellectual Property Rights as Collateral for Debt: Legal Regulations and Valuation Analysis Fitria, Annisa; Rita Alfiana; Mira Kartika Dewi Djunaedi; Zummiyanuran Habibi; Alyana Marsyanda
JUSTISI Vol. 12 No. 1 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.4680

Abstract

This study aims to examine the legal regulations governing IPR as collateral for debt, and how to determine the valuation of IPR used as collateral. The study method used is normative law with a legislative and conceptual approach. Data was obtained through a literature study of primary and secondary legal materials. The novelty of this study lies in its focus on the legal vacuum and implementation constraints in the field in making IPR, particularly copyright, an object of fiduciary collateral, especially in terms of economic valuation and ownership validity. The results of the study show that although Indonesian fiduciary law has normatively recognized the possibility of using IPR as collateral, in practice financial institutions still face various obstacles. This is partly due to the absence of standard assessment criteria, issues of proof of ownership, and a declarative IPR registration system. The conclusion of this study is that IPR has economic potential and a legal basis as collateral for debt, but it still requires specific derivative regulations and a clear economic value assessment mechanism in order to be widely accepted by financial institutions. The development of this policy is important to support the sustainable financing of the creative economy sector.
The Authority of Judges in Applying Diversion to Children Facing Criminal Charges Carrying a Sentence of More Than Seven Years Redi Pirmansyah; Arifin, Muhammad Zainul; M. Iqbal
JUSTISI Vol. 12 No. 1 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.4688

Abstract

The aim of this study is to analyze the implementation of diversion in juvenile crimes based on Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA Law). The study method uses a normative legal method through a case study of legal behavior products. The novelty of this research lies in its in-depth analysis of the authority of judges in determining diversion for criminal acts with a maximum penalty of more than 7 years. Although normatively excluded by the UU SPPA, this is interpreted progressively using a restorative justice approach and the principle of the best interests of the child. The results of the research examine the discretion of judges in applying the principle of restorative justice in serious criminal cases that, according to the standard rules, are not eligible for diversion. Through a normative approach and empirical case studies, this research provides new insights and recommendations for reformulating more humane legal policies. The aim is to make the justice system more responsive to the protection of children's rights in accordance with national legal standards. Conclusion This study found that diversion under the SPPA is limited to criminal offenses carrying a sentence of less than seven years. However, Supreme Court Regulation (Perma) No. 4 of 2014 expands this scope, particularly in the case of mixed charges. This regulatory discrepancy creates a dilemma for judges in determining the appropriate legal reference. This inconsistency has an impact on legal uncertainty, where similar cases can receive different diversion treatments. Therefore, harmonization between the Supreme Court regulation and the SPPA Law is urgently needed to ensure equal justice for children.
Legal Vacuum in Indigenous Peoples' Legal Representation Regarding Communal Land Rights Jinoto, Devin
JUSTISI Vol. 12 No. 1 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.4701

Abstract

The aim of this study is to critically examine the normative vacuum regarding the civil representation of indigenous peoples in Indonesia, with a particular focus on disputes over communal land rights The method used is a normative legal approach by examining legislative instruments, jurisprudence, and analysis of selected cases, which aims to reveal systemic weaknesses in the legal recognition of indigenous peoples' representatives in the national legal structure. The novelty lies in its direct involvement in unresolved issues regarding the legitimacy of indigenous community representation in formal judicial and administrative processes, a dimension that has often been overlooked in previous legal studies. The results of the study propose a reform agenda that includes formal legal recognition of customary leadership structures, the establishment of regulatory norms based on the principle of Free, Prior, and Informed Consent (FPIC), and the adjustment of civil law principles to better reflect the customary-based collective governance systems that exist within indigenous communities and Informed Consent/FPIC), and the adjustment of civil law principles to better reflect the collective customary-based governance system that prevails within indigenous communities. The conclusion of the research is that in order to respond to these challenges, this paper proposes a reform agenda that includes formal legal recognition of traditional leadership structures, the establishment of regulatory norms based on the principles of Free, Prior, Prior, and Informed Consent (FPIC) principles, and the adjustment of civil law principles to better reflect the collective and customary governance systems common among indigenous communities.
Illegal Online Lending in Indonesia: Mapping Criminal Liability and Strengthening Victim Protection Zulfiani, Anita; Nabila Alinka Wiboo; Satyalalita, Skolastika Pradnya
JUSTISI Vol. 12 No. 1 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.4824

Abstract

This study aims to analyze the forms of criminal liability of illegal online loan providers and to formulate a legal protection model for victims within the framework of national criminal law. The method used is normative juridical with a legislative and conceptual approach, through an examination of various related regulations, court decisions, and criminal law and consumer protection doctrines. The novelty of this research lies in its comprehensive mapping of the criminal liability regime for illegal online lending across laws-including the Criminal Code, the Electronic Information and Transactions Law, the Personal Data Protection Law, the Consumer Protection Law, the Trade Law, OJK regulations, and the Money Laundering Law-as well as its affirmation of the function of criminal punishment as a preventive legal protection instrument for potential victims. The results of the study show that illegal online lending practices fulfill the elements of various criminal acts, including fraud, extortion, defamation, threats, dissemination of false information, misuse of personal data, misleading promotion, unlicensed business activities, and money laundering, so that the perpetrators can be held cumulatively criminally liable. In addition, criminal law enforcement against perpetrators serves as a form of preventive and repressive protection for the community. The conclusion of this study confirms that strengthening integrated criminal law enforcement that is victim-oriented and supported by public legal and financial literacy is a key prerequisite for suppressing illegal online lending practices and protecting the public from the trap of technology-based financial crime.
Client Legal Protection in Psychological Services: An Analysis of Regulatory Frameworks, Ethical Norms, and Practical Challenges in Indonesia Rahmawan, Ridwan
JUSTISI Vol. 12 No. 1 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.4877

Abstract

This study aims to critically examine the legal protection system for clients of psychological services in Indonesia, particularly in relation to violations of informed consent, data confidentiality, and malpractice. The research method uses a normative juridical approach, focusing on the analysis of relevant legislation, professional codes of ethics, and jurisprudence. This approach is supported by a literature review and qualitative analysis to compare the normative ideal (das Sollen) with empirical reality (das Sein). A comparative approach is also applied to identify gaps, overlaps, and weaknesses in regulations. The novelty of this research lies in its integration of health law, psychological ethics, and digital service regulations within a single analytical framework. Unlike previous studies that discussed these aspects separately, this study offers a holistic and systematic model to harmonize lex specialis regulations, strengthen ethical and legal enforcement, and institutionalize victim-centered accountability mechanisms in psychological services. The results of the study show that there is a significant imbalance between the protection afforded to victims of physical harm in medical malpractice and victims of psychological harm in psychological malpractice. While victims of medical malpractice can access civil or criminal legal remedies and receive compensation, clients of psychological services often face limited options, with most cases being resolved through administrative sanctions without material compensation. The conclusions of this study indicate that Indonesia must strengthen legal protections for clients of psychological services by harmonizing regulations, standardizing informed consent procedures, improving legal literacy, consistently enforcing ethical and legal obligations, and ensuring accessible complaint and compensation mechanisms. These steps are essential to protect clients' rights, promote justice, and improve accountability in the mental health care sector.
Legality and Limits of Authority of Notaries Who Also Serve as Class II Auction Officials in the Settlement of Auction Disputes Ferri Ardiansyah, Muhammad
JUSTISI Vol. 12 No. 1 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.4965

Abstract

This study aims to examine the authority of notaries who also serve as Class II Auctioneers in the implementation of auctions in Indonesia, focusing on two main aspects, namely the auction implementation procedures based on Indonesian positive law and the role and responsibilities of notaries in handling disputes that arise during the auction process. The method used in this study are normative law with a legislative and conceptual approach sourced from legislation, legal literature, and expert opinions. The novelty of this research lies in its comprehensive analysis of the application of the dual authority of notaries in the context of auction implementation and the integration of the general principles of good governance (AUPB) as ethical and juridical principles in the auction process. The results of the study show that the implementation of auctions by Class II Auctioneers must follow strict procedures, including auction announcements, participant registration, explanation of auction objects, price bidding, and determination of winners, all of which must be documented in a transparent and accountable manner. Specific findings of the study reveal that the dual authority of notaries creates a unique complexity of responsibilities. In handling disputes, notaries/auction officials not only act as transaction executors but also as quasi-judicial decision-makers at certain stages. In this case, the application of AUPB plays an important role as a guideline in the use of discretion to remain in line with legal regulations, produce fair decisions, and encourage clean, professional, and trustworthy government administration. The conclusion of this study is that the integration of AUPB in every stage of the auction is a key strategy to mitigate potential disputes and conflicts of interest inherent in this dual authority. The implication is that separate ethical and procedural guidelines are needed for notaries who also serve as Auction Officials to ensure consistency and fairness.
Application of the Precautionary Principle in Hazardous Waste Transportation: Environmental Law Study on Licensing and Supervision Systems Suryadi, Frisca Imanuel; Maret Priyanta; Nadia Astriani
JUSTISI Vol. 12 No. 1 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.4987

Abstract

This study aims to analyze the application of the principle of prudence in the legal system for the transportation of hazardous and toxic materials (B3) in Indonesia through a case study of the sodium hydroxide (NaOH-48) leak by CV. Yasindo Multi Pratama in West Bandung Regency. The method used in this study is the doctrinal legal method with a normative juridical approach, accompanied by an empirical case study of violations of technical permits, vehicle feasibility, and driver certification in the B3 transportation process. The novelty of this research lies in the integration of analysis between the principle of prudence as an environmental law principle and the technical transportation licensing system, which has not been studied in depth in the context of cross-sectoral supervision. The results of the study show that the application of the precautionary principle is still not effective because of its formalistic nature, which has prevented its systemic implementation. Furthermore, weak coordination between agencies, low compliance with regulations by business actors, and the absence of adequate preemptive mechanisms in the form of education and socialization are also factors that hinder the effectiveness of this principle. This study concludes that the effective application of the principle of prudence in the transportation of hazardous materials requires a reformulation of policies that emphasizes the integration of preemptive, preventive, and repressive measures, while affirming the multiple responsibilities of the government as the holder of the public protection mandate and business actors as the main subjects of the principle of strict liability.
The Role of Traditional Leaders in Rote Ndao in Case Resolution through Restorative Justice Febrianty, Yenny; Jayawinangun, Roni; Jonathan Rey Cusa; Rindiana Larasati
JUSTISI Vol. 12 No. 1 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.4990

Abstract

This study aims to analyze the role of traditional leaders in Rote Ndao in resolving cases based on restorative justice and to assess the effectiveness of traditional mechanisms in realizing restorative justice at the local level. The method used in this study is a normative juridical approach supported by factual data obtained through literature study, analysis of legislation, and review of literature related to customary dispute resolution practices in Indonesia. The novelty of this research lies in the integration model between Rote Ndao customary law and the principles of restorative justice in handling minor crimes. This model shows that customary mechanisms can serve as an alternative means of case resolution that is in line with substantive justice and local values. The results of the study show that customary leaders play a strategic role as mediators and facilitators of deliberations who are able to resolve cases peacefully without going through litigation. This mechanism not only resolves conflicts but also restores social relations, strengthens community solidarity, and preserves local wisdom values. Conclusion The role of traditional leaders in Rote Ndao is highly relevant to be strengthened as part of dispute resolution policies at the local level. This approach can be used as a model for other regions in integrating customary law and positive law to achieve substantive justice and social sustainability.
Restorative Justice in Cases of Child Sexual Abuse by Children: Between Child Protection and the Enforcement of Justice Permas Teti; Somawijaya, Somawijaya; Budi Arta Atmaja
JUSTISI Vol. 12 No. 1 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.4983

Abstract

This study aims to evaluate the application of restorative justice in cases of child molestation by children, by analyzing its legal and ethical implications. The method used was empirical jurisprudence with an interdisciplinary approach that integrated law, social sciences, and psychology, with a descriptive analytical research specification. Data were obtained through field studies and literature reviews, then analyzed qualitatively. The novelty of this research lies in its specific examination of the legal and ethical implications of applying restorative justice in cases of child molestation by children, which have often been resolved through amicable agreements between parents without considering the best interests of the child victims. The findings of this research show that restorative justice has the potential to neglect the protection of victims and the enforcement of justice, as well as eliminate the legal responsibility of the child perpetrator. The conclusion of this study confirms that the application of restorative justice in cases of child molestation by children is not in line with applicable legal provisions and has the potential to cause injustice, so it is not appropriate to apply it given its serious impact on the psychological condition and future of the child victim.

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