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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 7 Documents
 1 
Search results for , issue "Vol. 12 No. 1 (2026): JUSTISI Inpress" : 7 Documents clear
Legal Analysis of the Cancellation of the Execution of Collateral in Supreme Court Decision MA 920K/Pdt/2020 Farly Kanserano Jabiy
JUSTISI Vol. 12 No. 1 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.3937

Abstract

This study aims to analyze the execution of judgments in Indonesian civil law, particularly in relation to security rights and the parate executie mechanism as regulated in Law No. 4 of 1996.The method used in this study is a normative legal approach with a literature review, analyzing relevant legislation, court decisions, and implementing regulations. The main focus of this study is to explore the challenges and distortions that occur in the implementation of parate executie, which is actually designed to provide convenience, legal certainty, and efficiency for creditors.The novelty of this study lies in its in-depth assessment of the conflict between the provisions of the UUHT and court decisions and Supreme Court Circular Letters that hinder the implementation of parate executie without court intervention.The results of this study show that although the UUHT gives creditors the authority to directly execute collateral, in reality, legal uncertainty, complicated bureaucracy, and decisions that contradict the spirit of the UUHT actually slow down the execution process and increase losses for creditors. Therefore, this study recommends improving implementing regulations and revising related regulations, including canceling or revising Supreme Court Circular Letter No. 7 of 2012, so that the objectives of the UUHT to provide fast, inexpensive, and efficient execution can be achieved.The conclusions of this study are expected to contribute to the development of Indonesian civil law, particularly in strengthening legal certainty in the execution of security rights.
Analysis of the Implementation of Legal Compliance Principles in Securities Trading of Multinational Companies in Indonesia Kurniasari, Awandayuri Wenny; Andiani Putri Rahmawati
JUSTISI Vol. 12 No. 1 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.4604

Abstract

This study aims to analyze the application of legal compliance principles in securities trading by multinational companies operating in Indonesia, as well as to identify the challenges faced in complying with domestic regulations. This study uses a normative juridical approach, focusing on a literature review and analysis of Law Number 8 of 1995 concerning Capital Markets. The novelty of this research lies in its emphasis on the intersection between international business practices and the Indonesian legal framework, particularly in highlighting the legal risks faced by multinational companies when operating in a regulatory environment that differs from that of their home countries. This study also offers a perspective based on the theory of legal legitimacy, which emphasizes the importance of procedural justice in encouraging voluntary compliance. Findings show that multinational companies often struggle to meet timely and accurate information disclosure requirements, which can lead to heavy sanctions and reputational damage. Insider trading cases involving these companies illustrate the detrimental impact of noncompliance on investor confidence and market integrity. The concludes that improving transparency, implementing secure reporting systems, and applying procedural justice are essential to creating a legal environment that supports compliance and strengthens confidence in the Indonesian capital market.
Review of the Doctrine of Dilution Based on the Perspective of Corrective Justice for Trademark Owners Nahdliyin, Sukma Hidayatun; Latifah, Emmy
JUSTISI Vol. 12 No. 1 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.4774

Abstract

The study aims to analyze whether the doctrine of trademark dilution has provided corrective justice or otherwise, so that the balance of rights for trademark owners can be fulfilled.The methods used in this study are normative or doctrinal legal research methods. The research approaches used are legislative, conceptual, case-based, and comparative approaches.The novelty of this research lies in the perspective of corrective justice in analyzing court decisions related to dilution actions. This research is expected to contribute to further research and policy recommendations for the government and judges to produce regulations and decisions that are fair to trademark owners.The results of the comparative law study show that anti-dilution regulations in the United States are comprehensively regulated, but there are shortcomings in the courts. Court decisions regarding well-known trademarks are considered detrimental and do not restore the rights that have been violated. In fact, the main purpose of dilution is to provide legal protection for well-known trademarks. Indonesia itself has not yet fully regulated anti-dilution regulations.The concluded findings of this comparative legal study serve as a lesson for Indonesia so that future regulations can take into account the balance of rights between well-known trademarks and other trademarks in order to avoid market monopoly.
Rawls’s Justice as Fairness and Indonesian Health Policy: A Doctrinal Framework for Equity-Oriented Reform Alexander Samosir, Tony Richard; Susanto , Mei
JUSTISI Vol. 12 No. 1 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.4556

Abstract

The study aims to analyze the application of John Rawls' Theory of Justice in Indonesia's health system policy, emphasizing how principles of justice can promote fairness and equality in the provision of health services, especially for disadvantaged populations.The method used was a judicial normative (doctrinal) approach. This study critically reviewed legal and philosophical texts relevant to the Indonesian health policy framework, integrating Rawls' theory as an analytical lens.The novelty of this research lies in the operationalization of Rawls' abstract philosophical principles into a structured evaluation framework (Rawlsian grid) and its application to the Indonesian socio-political and cultural context. This allows for a systematic assessment of inequalities in the health system and proposals for equitable policy solutions.The findings show that programs such as the National Health Insurance Scheme (JKN) have contributed to broader access to health care, but disparities remain in remote and underdeveloped areas. Using the Rawlsian grid, the study highlights challenges in budget allocation, health worker distribution, and infrastructure access. Recommended strategies include reallocating health budgets, fair distribution of health workers, expansion of telemedicine, and participatory planning.The concludes that integrating Rawlsian principles of justice through a structured evaluation framework can support a more inclusive and sustainable health system in Indonesia, ensuring fair and equal access to quality health services for all citizens.
Reconstruction of Criminal Liability Against Digital Platforms in Cases of Human Trafficking in the Virtual World Arief, Mgs Royhan; Martono, Nurwijoyo Satriyo Aji; Fikri, Ahmad Ma'mum
JUSTISI Vol. 12 No. 1 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.4477

Abstract

The study aims to critique the shortcomings in the TPPO Law and ITE Law, which do not yet regulate strict liability for digital platforms. Therefore, this study focuses on analyzing the importance of criminal liability reform and the integration of due diligence principles and progressive sanctions for digital platforms. The method used in this study is a normative juridical approach, focusing on the analysis of legal norms relevant to the issues of digital human trafficking and corporate responsibility. The novelty of this study provides further insight into the reform of the criminal liability system and the integration of the principles of due diligence and progressive sanctions for digital platforms. The results of the study show that the involvement of digital platforms in human trafficking has become a serious challenge in the digital age, where technology is used for online recruitment, coordination, and exploitation of victims. Although Law Number 21 of 2007 concerning the Eradication of Criminal Acts of Trafficking in Persons (TPPO Law) regulates aspects of human trafficking, this regulation does not explicitly stipulate the responsibility of digital platforms, creating a legal loophole that is exploited by criminals. Therefore, in this case, The concluded findings of this study indicate that reform of the criminal liability system is necessary by integrating the principle of due diligence, which requires technology companies to take preventive measures such as user identity verification, artificial intelligence-based content monitoring, and reporting suspicious activities to the authorities. In addition, the application of progressive sanctions, such as fines proportional to company revenue or operational restrictions for negligent platforms, can increase corporate accountability.
The Investigation Process of Sexual Abuse Crimes Against Victims with Disabilities Hoke, Yosua Yulio; Tuasikal, Hadi
JUSTISI Vol. 12 No. 1 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.4073

Abstract

This study aims to analyze the investigation process of sexual abuse crimes against persons with disabilities at the Sorong City Police Station and identify the factors that cause children with disabilities to be vulnerable to becoming victims. The research method used an empirical juridical approach with qualitative methods. Data were collected through in-depth interviews with investigators from the Sorong City Police Station's PPA Unit, analysis of legal documents such as the Criminal Procedure Code, Law No. 8/2016 on Persons with Disabilities, and Law No. 12/2022 on Sexual Violence Crimes, as well as field observations and literature studies. The novelty of this research lies in the development of an integrative investigation model based on trauma-informed care, specifically designed for the context of Sorong City, taking into account the unique characteristics of Eastern Indonesia. Unlike previous studies, which tended to be partial and theoretical, this study presents a holistic approach that integrates various important dimensions into a single operational framework that is ready for implementation. The results of the study show that the investigation process faces obstacles in the form of difficulties in communicating with victims with disabilities, limited evidence, and a lack of supporting facilities. Effective solutions include adaptive communication approaches and multisectoral collaboration. Factors contributing to the vulnerability of victims include the exploitation of their powerlessness by perpetrators,  the lack of inclusive sex education, social stigma, and the victims' dependence on perpetrators, who are often people close to them. These findings indicate the need for a specialized investigation approach and holistic prevention strategies. In conclusion, the investigation process for sexual abuse cases against persons with disabilities requires a specific approach that considers the needs of victims, including investigator training, adaptive communication protocols, and strengthening of supporting infrastructure. Prevention efforts should focus on eliminating vulnerability factors through strengthening inclusive sex education and public awareness campaigns.
Indigenous Perspectives at the Core: Addressing Legal Barriers to Sustainable Growth in Indonesia Al Fajri, Riyan
JUSTISI Vol. 12 No. 1 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.4426

Abstract

This study aims to analyze the recognition and protection of Indigenous peoples' rights in Indonesia within the context of sustainable development.  The method used in this study is a rigorous normative legal research method using a qualitative approach, focusing on the systematic interpretation of the 1945 Constitution of the Republic of Indonesia and key sectoral laws: Law No. 5/1960 on Basic Agrarian Law, Law No. 41/1999 on Forestry, Law No. 18/2004 on Plantation, and Law No. 6/2014 on Villages. The novelty of this study stems from its integrative approach, which merges normative legal analysis with socio-economic perspectives to explore the multifaceted relationship between Indigenous rights and sustainable development. The results indicate that while formal recognition exists, its implementation is fundamentally impaired by a normative vulnerability in the national legal system. The conclusions of this study state that recognizing and protecting Indigenous rights is crucial for achieving sustainable development goals and recommends the need for accelerated legal recognition, enhancement of the One Map Policy, and better legal protections (including legal aid and mediation platforms) for Indigenous communities.

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