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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 10 Documents
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Search results for , issue "Vol. 12 No. 2 (2026): JUSTISI Inpress" : 10 Documents clear
Reading the Character of the Pata Dela Customary Law in Sustainable Forest Management and Food Security of the Ngadhu Bhaga Community Maria Theresia Geme; Ferdinandus Ngau Lobo; Benediktus Peter Lay; Mary Grace Megumi Maran
JUSTISI Vol. 12 No. 2 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i2.5066

Abstract

This study aims to discover legal characteristics, namely behavioral norms in pata dela, particularly those related to sustainable forest development and food security. The method used in this study is empirical legal research conducted in Rakalaba Village, West Golewa District, Ngada Regency, East Nusa Tenggara Province. The approaches used in this study are legal sociology, philosophy, legal history, and conceptual approaches. The data used in this study are primary and secondary data.  The data were processed and then analyzed using descriptive qualitative methods. The novelty of this study focuses on the character of legal norms, namely the commands and prohibitions contained in the local wisdom of pata dela. These legal norms serve as guidelines for realizing sustainable forestry development that has an impact on food security. The results of the study show that the Ngadhu bhaga customary law community has an oral tradition called pata dela or ancestral teachings. Pata dela contains primary legal norms, namely commands marked with the word bodha, which means mandatory. In addition, pata dela also contains prohibitions marked with the word ma'e, which means forbidden. Pata dela plays a role in sustainable forest development based on customary law. For example, in the command “Bodha sepe ne'e de kenge, latu ne'e de kabu” and the prohibition “Ma'e rawu dhapi kabu, ma'e sa'a dhapi tara”. Through this oral tradition, the community can ensure that plants continue to grow. Pata dela also has implications for realizing food security for the Ngadhu Bhaga community. It contains commands and prohibitions that reflect an ecological understanding that food crops must be sustained so that they remain available over time. Food security is not only a matter of the availability of food at present, but also a guarantee that future generations will continue to have access to quality food sources. Conclusion of this study is that Pata dela contains primary legal norms that include commands and prohibitions. Pata dela is still alive and is still used as a guideline in sustainable forest development to achieve food security.
Reassessing Trade Unions’ Role in Achieving Fair Industrial Relations Panji Purnomo Adhi; Naning Indriyawati; Basuki Tri Setiawan; Dara Puspitasari
JUSTISI Vol. 12 No. 2 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i2.5261

Abstract

This study aims to analyze the role of labor unions in achieving industrial relations justice in Indonesia and to identify whether the legal issues that arise stem from weaknesses in the norms or from the effectiveness of implementing the norms of freedom of association. This study uses a normative-conceptual legal method by examining constitutional provisions, labor laws and regulations, ILO conventions, as well as industrial relations theory and theories of justice. Data were obtained through a literature review encompassing primary, secondary, and tertiary legal sources, and were then qualitatively analyzed to assess the effectiveness of trade unions’ role within the national labor law system. The novelty of this research lies in the assertion that the primary issue in achieving industrial relations justice does not stem from a lack of legal norms, but rather from the gap between the normative guarantees of freedom of association and their implementation in industrial relations practice. The results of the study indicate that, normatively, the legal framework regarding freedom of association and the role of labor unions is adequate. Trade unions serve as providers of legal protection, balancers of bargaining power in collective bargaining, and facilitators of tripartite social dialogue. However, the effectiveness of these roles still faces obstacles in the form of limited institutional capacity, organizational fragmentation, increasing flexibility in employment relationships, and suboptimal law enforcement. The conclusion of this study is that efforts to improve industrial relations justice must be directed toward strengthening the effectiveness of the implementation of freedom of association norms through institutional strengthening of labor unions, consistent labor oversight, and the state’s commitment to ensuring substantive protection of the right to organize.
Rethinking Dispute Resolution: Moi Customary Law within Indonesia’s Legal Pluralism Rajab Lestaluhu; Sokhib Naim; Cintia Dwi Puspita; Sayed Husaini; Wahab Aznul Hidaya
JUSTISI Vol. 12 No. 2 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i2.4872

Abstract

This study aims to analyze the process of resolving customary land disputes among the Moi indigenous community and to identify the obstacles faced within the framework of legal pluralism in Indonesia. This study employs a normative legal research approach (doctrinal legal research), focusing on the analysis of legal norms, principles, and doctrines related to customary law and national law. Data were collected through literature review, including primary, secondary, and tertiary legal materials, and analyzed using a qualitative normative method with interpretive and comparative approaches. The novelty of this study lies in the development of a reimagined dispute resolution approach by integrating Moi customary law into the discourse of Indonesian legal pluralism, which highlights normative and socio-cultural dimensions. The results of the study indicate that dispute resolution among the Moi community prioritizes non-litigious mechanisms based on deliberation, the principles of restorative justice, and local wisdom values, with the Customary Institution (LMA Malamoi) playing a central role. However, this process faces significant obstacles, including emotional factors, low legal awareness, unclear land boundaries, overlapping ownership claims, and external intervention. This study concludes that while customary mechanisms are effective in maintaining social harmony, their interaction with the formal legal system poses challenges within the context of legal pluralism. Therefore, harmonization between customary law and state law, strengthening customary institutions, and enhancing public legal awareness are crucial for achieving fair, effective, and sustainable dispute resolution.
The Indonesian economic Constitution from the perspective of Franz Böhm and Walter Eucken for a just Market Nurul Fazri Elfikri; Muhamad Khairun Kurniawan Kadir; Mohamad Hidayat Muhtar; Sofyan Piyo; Fitran Amrain; Zainal Abdul Aziz Hadju
JUSTISI Vol. 12 No. 2 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i2.4769

Abstract

This study aims to reconstruct the implementation of Article 33 of the 1945 Constitution through the framework of Ordnungspolitik developed by Franz Böhm and Walter Eucken. The study is grounded in the existence of imbalances in the normative, institutional, and functional dimensions of Indonesia’s economic system, which hinder the realization of the principles of solidarity and social justice. This study uses a normative legal methodology with a conceptual and comparative approach to legal thought. The analysis examines the comprehensive text of the amendments to the 1945 Constitution, sectoral regulations (such as the Job Creation Law and the Mining and Energy Law), as well as Constitutional Court rulings related to the economy. Data is analyzed qualitatively to align the principles of the German economic order (Ordoliberalism) with the values of the Indonesian Constitution. The novelty of this study lies in offering a new interpretive model for Article 33 of the 1945 Constitution by positioning the state as the architect of the market order (rather than merely a passive actor or regulator). Its innovation lies in integrating the substantive rule of law of Ordnungspolitik to limit the concentration of private economic power, which often distorts the constitutional mandate. The results show that Ordnungspolitik provides operational instruments for Indonesia to achieve distributive justice through two main channels: (1) strengthening the independence of competition oversight agencies to the level of constitutional institutions, and (2) codifying economic laws that guarantee market access rights for small businesses. This interpretation shifts the paradigm of Article 33 from mere symbolism regarding “cooperatives” to a binding norm that obligates the state to undertake structural interventions to maintain market integrity. The conclusion is that integrating the principles of Ordnungspolitik into the national legal system can serve as a solution to Indonesia’s economic institutional failures. This study recommends restructuring economic public policy to prioritize healthy competition and the protection of social rights as an inseparable legal order.
Greed as the Root of Organized Crime: A Criminological Analysis of Fuel Adulteration Practices in the Oil and Gas Sector Nisa Azkira
JUSTISI Vol. 12 No. 2 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i2.5201

Abstract

This study aims to analyze the practice of fuel adulteration as a form of organized economic crime that arises from social relationships and power structures within the management of the oil and gas sector. The research method employed is a normative legal approach, utilizing a literature review through the analysis of regulations, legal references, as well as criminological theory and moral philosophy. The novelty of this study lies in the reinterpretation of the concept of greed, which is not merely viewed as an individual psychological drive but also as a moral element that transforms into systemic crime through economic and political mechanisms. The findings of this study indicate that: (1) the practice of fuel adulteration reflects low moral integrity in the management of the oil and gas sector; (2) the existing oversight and law enforcement systems have failed to halt the chain of crime; and (3) this crime is systemic in nature because it is supported by a pattern of negligence and a structured network of interests. The study concludes that addressing fuel blending crimes requires an integrated approach that focuses not only on punishing perpetrators but also on structural reforms in legal governance and strengthening public ethics to prevent the recurrence of similar crimes.
Cultural-Based Dispute Resolution in the Kankain Karkara Mananwir System of the Byak Community in Papua Bruri Marwano Wutwensa; Nisrawanty Lembang
JUSTISI Vol. 12 No. 2 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i2.5258

Abstract

This study aims to examine the culturally based dispute resolution system known as Kankain Karkara, administered by the Mananwir customary institution within the Byak community in Biak, Papua, and to analyze its role in restoring social harmony amid the coexistence of formal and customary legal systems, including in disputes involving migrants. This study uses a legal anthropology approach through participant observation and in-depth interviews with customary authorities and community members, both indigenous residents and migrants. The analysis is grounded in the framework of legal pluralism and the concept of semi-autonomous social fields to examine the relationship between state law and customary law in dispute resolution practices. The novelty of this research lies in the finding that the Kankain Karkara system is not confined to homogeneous customary communities but operates as an inclusive and restorative mechanism capable of integrating migrants as subjects of dispute resolution through reconciliation processes based on local values. In addition, this study identifies the phenomenon of post-adjudication, in which disputes that have been formally decided by state courts continue to be processed through customary forums to achieve social certainty and the restoration of inter-family relations. Findings show that the Kankain Karkara system operates through a tiered and restorative mechanism involving two levels of customary authority: Mananwir Keret, which addresses intra-clan disputes based on reputational–ethical authority, and Mananwir MNU, which functions as a mediator for inter-community and cross-identity disputes through structural–genealogical authority. This study concludes that the coexistence of formal and customary justice systems Biak does not represent a jurisdictional conflict but rather a form of complementary functional differentiation, in which state courts provide procedural certainty, while Kankain Karkara delivers substantive justice through reconciliation and the restoration of social order.
Corporate Criminal Liability in Tax Offenses Reynold Simanjuntak; Aldy Yohanes Manueke
JUSTISI Vol. 12 No. 2 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i2.4745

Abstract

This study aims to analyze the legal framework governing corporate criminal liability in the context of tax offenses. This study uses a normative juridical method with a statute approach, a case approach, and a conceptual approach. The novelty of this research lies in its critical analysis of the inconsistency found in tax crime cases: a discrepancy between the judges' legal reasoning, which acknowledges corporate fault, and the final verdicts, which ultimately only impose criminal sanctions on the corporate officers. The results highlight a significant regulatory gap, as the current tax criminal framework lacks explicit corporate sanctions. In practice, this issue is compounded by judicial inconsistency, where court rulings impose penalties solely on corporate directors, even when the corporation's role in profiting from the crime is acknowledged by the court. The  conclusion of  the  research that a normative vacuum in the undang-undang perpajakan, compounded by judicial inconsistencies regarding corporate tax offenses, results in significant legal uncertainty. Consequently, legislative amendments are required to unequivocally establish the principles of corporate accountability.
The Role of the Srikandi Tani 09 Women Farmers Group in Fulfilling the Right to a Healthy Environment Nurdiyana Nurdiyana; Suanto Suanto; Roni Rustandi; Trisakti Handayani; Sri Rumiati
JUSTISI Vol. 12 No. 2 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i2.5017

Abstract

This study aims to analyze the role of the Srikandi Tani 09 Women Farmers Group (KWT) in realizing the right to a healthy environment as part of the implementation of human rights at the community level in South Tangerang City. This study also identifies the supporting factors and barriers that influence the group’s environmental advocacy activities and examines its contribution to the realization of human rights-based sustainable development. This study employs a qualitative descriptive method, with data collected through interviews, observations, and documentation involving five active members of the PKK organization who participate in KWT activities. The data were analyzed thematically to gain a comprehensive understanding of community-based environmental practices. The novelty of this research lies in its focus on integrating gender empowerment and ecological participation in realizing the constitutional right to a healthy environment, positioned within a human rights perspective. The findings indicate that KWT Srikandi Tani 09 plays an active role in raising environmental awareness, managing limited land for urban agriculture, and processing organic waste into useful materials. The success of these activities is supported by participatory leadership, community solidarity, and collaboration with local government agencies, while challenges arise from limited land, funding, and public environmental awareness. Conclusions from the study indicate that the group’s activities significantly contribute to realizing the right to a healthy environment and the empowerment of women as key actors in sustainable community development.
Legal Effectiveness of E-Purchasing Implementation in Government Procurement: An Empirical Study from fhe Perspective of Transparency and Fairness in Indonesia Narendra Tricahya Pratama; Winsherly Tan; Nurlaily Nurlaily
JUSTISI Vol. 12 No. 2 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i2.5264

Abstract

This study aims to analyze the effectiveness of e-purchasing implementation in the government sector from the perspectives of transparency and fairness. The method used in this study is empirical approach with data collected through interviews, observation, documentation, and literature review. Data were analyzed qualitatively using a descriptive-analytical method based on Soerjono Soekanto’s theory of legal effectiveness. The research was conducted in Indonesian government agencies, involving Commitment-Making Officials (PPK) and Budget-Using Officials (KPA) as informants. The novelty of this research lies in the gap between the ideal (das sollen) and reality (das sein) in the implementation of e-purchasing, where, normatively, this system is designed to ensure transparency and accountability; however, in practice, deviations as well as structural and cultural barriers within the procurement bureaucracy are still observed. The results of the study show that although regulations governing the procurement of goods and services are sufficiently robust, the implementation of e-purchasing still faces various challenges, such as technical system barriers, resistance from procurement officials, infrastructure limitations, and a bureaucratic culture that does not yet fully support the principle of transparency. Additionally, indications of fictitious procurement practices were found, suggesting weak oversight and enforcement of the law. Conclusion of this study is that the effectiveness of e-purchasing implementation has not yet been fully achieved. Therefore, it is necessary to strengthen technical regulations, improve human resource capacity and infrastructure, foster a bureaucratic culture that is transparent and accountable, and implement stricter and more systematic oversight to ensure that e-purchasing truly becomes an instrument of procurement modernization oriented toward the public interest.
From Contractual Breach to Corporate Criminal Liability: Exploitation of Debtor Data by Account Officers in Indonesia Afif Muhni; Muhammad Basri; Syarif Saddam Rivanie; Nuriyah Fara Muthia; Ulil Amri
JUSTISI Vol. 12 No. 2 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i2.5298

Abstract

The aim of this study is to analyze criminal liability for data exploitation committed by an AO in order to establish corporate liability against the receiving bank. The method used in this study is a normative approach with legal and conceptual perspectives. This study analyzes the shift in the nature of illegality from a breach of contract to criminal data exploitation. The novelty of this study demonstrates that recipient banks, which derive economic benefits from such illegal data, qualify as Beneficial Owners subject to corporate criminal liability under the doctrine of Vicarious Liability. The results of this study indicate that the transfer of data without specific written consent constitutes a criminal offense under Article 65(2) of the Personal Data Protection Act. Conclusion This study recommends the establishment of criminal policies based on Economic Analysis of Law, applying cumulative sanctions: imprisonment for individuals and substantial administrative fines for corporations. This step is crucial to eliminate the economic incentives behind data crimes and ensure legal certainty in the digital banking environment.

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