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<![CDATA[Perlindungan Hukum Bagi Pencari Suaka (Asylum Seeker) Di Wilayah Indonesia ]]>
<![CDATA[Pramesti Ivana Putri Kinasih]]>;
<![CDATA[Eko Wahyudi]]>;
<![CDATA[Miko Aditiya Suharto]]>
<![CDATA[ JUSTISI Vol. 9 No. 2 (2023): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/jurnaljustisi.v9i2.2195
<![CDATA[The research's main goal is to ascertain the differences between the legal protections provided to refugees and asylum seekers on Indonesian territory under international law and Indonesian national law, as well as the legal repercussions that asylum seekers will face there under international refugee law. This study employs a statutory approach and a conceptual approach in its normative juridical research methodology. The legal resources employed in this study are primary legal resources, such as laws and international conventions, and secondary legal resources, such as books and scholarly journals. In order to satisfy human rights, including the provision of legal protection and the treatment of foreign refugees and asylum seekers, the study findings are connected to Indonesian laws and regulations as well as global norms. Keywords : Asylum Seeker, Refugee, Legal Protection, UNHCR.]]>
<![CDATA[Konsumen Dan Iklan: Perlindungan Konsumen Dalam Penyiaran Iklan yang Menyesatkan Di Radio ]]>
<![CDATA[Krisanti, Hana]]>;
<![CDATA[Wardiono, kelik]]>
<![CDATA[ JUSTISI Vol. 9 No. 2 (2023): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/jurnaljustisi.v9i2.2254
<![CDATA[This research which is based on a doctrinal approach aims to describe consumer protection in broadcasting advertisements on 3 radio channels in Surakarta. The data used is secondary data in the form of advertisements broadcast through radio electronic media obtained through library research. Based on the results of the research and discussion conducted, it is known that consumers have not been protected from advertisements broadcast on the radio, this is because there are still many advertisements that are contrary to applicable laws and regulations, such as using excessive words, price inclusion, wrong information/ imprecise, warranty/guarantee, disparaging, information overload]]>
<![CDATA[Muhammadiyah Information Jurisprudence : A Guide Freedom of Expression in Maqoshid Sharia-Based Social Media: english ]]>
<![CDATA[Junaidi, Junaidi]]>;
<![CDATA[Rizka, Rizka]]>
<![CDATA[ JUSTISI Vol. 9 No. 2 (2023): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/jurnaljustisi.v9i2.2293
<![CDATA[This study aims to find out the guidelines for freedom of expression on social media according to Muhammadiyah Information Fiqh and to know the limitations of freedom of expression on social media based on sharia maqosid in Muhammadiyah Information Fiqh. This research is a qualitative research in the form of library research. This research includes qualitative research which is research aimed at analyzing the research object holistically, descriptively without statistical analysis methods. The main object of this research is various basic principles or values in Muhammadiyah Information Jurisprudence. The research approach used is a philosophical approach (philosophy of Islamic law). Because as we all know, Indonesia adheres to a civil law system where on the principle of legality it states that the applicable law is only written law, while producing a written law takes quite a long time to be heard and promulgated. Therefore this study aims to explore legal formulations regarding freedom of expression in Indonesian legal regulations; to know the effectiveness of Muhammadiyah Information Fiqh accommodation in the concept of freedom of expression in Indonesia. The presence of Maqoshid Syariah is expected to be able to regulate freedom of expression behavior in accordance with the principles of Islamic law. This specificity is what makes freedom of expression must be regulated separately outside the realm of positive law. To achieve this goal, research was carried out using normative methods with an Islamic legal philosophy approach, namely by exploring problems in social media, then identifying Muhammadiyah information fiqh and Islamic law canons based on maqasidu syari'ah. Finally, elaborating on Muhammadiyah information fiqh and Islamic law principles based on maqasidu syari'ah to answer as well as give direction in social media The targeted output is the publication of articles in national journals, namely the Al Istinbath Journal indexed by Sinta 2 or 3. At the end of this research it is hoped to be able to create a model of applicable rules that can bridge the gap or gap between the speed of technological development and the speed at which the government issues regulations]]>
<![CDATA[Putusan Hakim Dalam Menuntaskan Sengketa Perkawinan Poligami Di Indonesia ]]>
<![CDATA[Nuryamin, Nuryamin]]>;
<![CDATA[Farid, Diana]]>;
<![CDATA[Abdulah Pakarti, Muhammad Husni]]>;
<![CDATA[Hendriana, Hendriana]]>;
<![CDATA[Hilal Nu'man, Mohamad]]>
<![CDATA[ JUSTISI Vol. 9 No. 2 (2023): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/jurnaljustisi.v9i2.2303
<![CDATA[Polygamy only applies to those who according to law and religion allow their husbands to have multiple wives. This is explained in the general description of the Marriage Law Point 4c, which states: As permissible by law and the religion concerned, a husband can have multiple wives only if the parties so desire. The court has absolute power to negotiate on the basis and conditions of the polygamy permit application and the court has the authority to try and make decisions in the form of legal considerations and reasons. The scholars, the Prophets of the Qur'an and Hadith, depending on the case. In order not to harm the parties in the proceedings, cases decided in court must have clear reasons. Courts need such evidence to determine their case. Article (1) Law Number 7 of 1989 concerning the Religious Courts regulates all court decisions with reasons, and special provisions or relevant legal written sources used as the basis for decisions.]]>
<![CDATA[Hak Kepemilikan Komunal dalam Indikasi Geografis: Suatu Tinjauan Globalisasi Hukum ]]>
<![CDATA[Taufitra, Ayang Ayu]]>;
<![CDATA[Kurniawan, I Gede Agus]]>
<![CDATA[ JUSTISI Vol. 9 No. 2 (2023): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/jurnaljustisi.v9i2.2307
<![CDATA[The urgency of this research is an effort to examine geographic indications (IG) in the perspective of legal globalization. This study aims to analyze the nature of communal ownership rights in GIs and the existence of GI communal ownership rights in the perspective of legal globalization. This research is a normative legal research with a concept and statutory approach. The results of the study show that the nature of communal ownership rights in GIs has its own characteristics that are different from other intellectual property rights. The nature of communal ownership rights in GI is a construction on the conception of ownership rights which are not only owned individually, but also include communal ownership. The essence of communal ownership rights in GIs has not actually received specific arrangements in various international rules and conventions. The existence of IG communal ownership rights in the perspective of legal globalization is actually still weak and needs to be strengthened. This strengthening is necessary to emphasize the style and characteristics of GI as intellectual property rights with special characteristics. This can be done by revising various international provisions governing GI as well as revising national rules that discuss GI where revisions are made to emphasize the characteristics of GI as separate intellectual property rights which are different from trademark rights and have special characteristics in the form of intellectual property rights. communal ownership. Keywords: Legal Globalization, Communal Property Rights, Geographical Indications.]]>
<![CDATA[Consumer Legal Protection Against Default in Buying and Selling E-Commerce ]]>
<![CDATA[Budiono, Arief]]>;
<![CDATA[Shaharani , Zahira]]>;
<![CDATA[Prakoso, Andria Luhur]]>
<![CDATA[ JUSTISI Vol. 9 No. 2 (2023): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/jurnaljustisi.v9i2.2317
<![CDATA[Introduction: E-commerce is a modern business activity that has two properties: not meeting the parties directly (nonfice) and without the need for a genuine signature by the non-signing parties. Methodology: Type of research using normative juridical research. This study used two approaches: a state approach and a conceptual approach. The primary and secondary data are sourced by qualitative methods of data analysis and the presentation of descriptive data analysis. Results and Discussions: Act No. 19 of 2016 on ITE explains that E-commerce transactions are included in responsible transactions. The legal form of protection is listed in Article 28 (1). The settlement of E-commerce transactions in dispute is carried out using peaceful means. If the line is ineffective, the consumer may sue the owner in accordance with the contents of Article 45 of the Constitution. Conclusion: Consumer law protection has two concepts: preventive and repressive legal protection. Efforts can be completed through litigation or processing of adaptation, negotiation, mediation, conciliation and arbitration)]]>
<![CDATA[MENAKAR PIDANA KERJA SOSIAL SEBAGAI PARADIGMA BARU KONSEP PEMIDANAAN PERKARA KORUPSI BERBASIS DETERMINISME CULTURAL ]]>
<![CDATA[Tri Setiawan, Wiranto]]>;
<![CDATA[Kurnianingsih, Marisa]]>
<![CDATA[ JUSTISI Vol. 9 No. 2 (2023): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/jurnaljustisi.v9i2.2328
<![CDATA[Corruption is a violation of the social, economic and political rights of the wider community. In addition to an environment that still does not have good legal awareness, the typology of corruption is considered a crime that has a high social level so that the perpetrators do not feel deterred even though they have been threatened with serious imprisonment. In the view of cultural determinism, the environment is one of the things that plays a big role so it needs attention. Social work punishment is an alternative concept of punishment that can place corruptors like street crime perpetrators and make perpetrators unite with society. The implication is that the status of perpetrators who have so far been classified as high in social status will be eroded and social work punishment can create moral values that are good for both perpetrators and society. Based on these thoughts, the authors conducted this research. the method used is juridical-normative. The approach used is a statutory approach, a comparative approach and a conceptual approach]]>
<![CDATA[Perkembangan Doktrin Sistem dan Keamanan Negara Indonesia ]]>
<![CDATA[Manukallo Danga, Cosmas]]>
<![CDATA[ JUSTISI Vol. 9 No. 2 (2023): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/jurnaljustisi.v9i2.2329
<![CDATA[Defense is one of the most important elements in a country because good defense will create a sovereign country. Not only that, the security system is also a benchmark for the sovereignty of a country. Therefore, a country must have a good defense system in order to create a sovereign country. In Indonesia, this has been regulated in article 30 of the 1945 Constitution and Law Number 3 of 2002 concerning national defense. Indonesia has undergone several changes related to the doctrine of state defense and security. The method used in this research is library research. The results of the study concluded that Indonesia has undergone several changes in the Doctrine regarding the state defense and security system where at this time Indonesia has adopted a universal defense system which in previous periods Indonesia adhered to a universal people's defense and security system. However, since the enactment of Law Number 3 of 2002 concerning national defense, the doctrine used to date is a universal defense system.]]>
<![CDATA[Kebijakan Hukum Pidana dalam Upaya Penanggulangan Tindak Pidana Lingkungan Hidup dalam Undang-undang Cipta Kerja: Kebijakan Hukum Pidana dalam Upaya Penanggulangan Tindak Pidana Lingkungan Hidup dalam Undang-undang Cipta Kerja ]]>
<![CDATA[Jiwanti, Ainun]]>
<![CDATA[ JUSTISI Vol. 9 No. 2 (2023): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/jurnaljustisi.v9i2.2334
<![CDATA[This study aims to analyze how criminal law policies in dealing with environmental crimes in Law Number 6 of 2023 concerning Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation to Become a Law (“Law concerning Determination of Job Creation GRL to Become a Law”). This research uses normative legal research or doctrinal legal research. The approach used is the statutory approach, as well as the technique of tracing legal materials by means of a literature study. The results showed that in the Law concerning Determination of Job Creation GRL to Become a Law there was a political shift in environmental law enforcement law, namely there was a change in the types of sanctions for several actions that were previously threatened with criminal sanctions in the Environmental Protection and Management Law (Law No. 32/2009) but in the Law concerning Determination of Job Creation GRL to Become a Law they were threatened with administrative sanctions. The Law concerning Determination of Job Creation GRL to Become a Law also has not accommodated a number of important regulations, namely relating to the system for formulating criminal penalties, where there is no minimum penalty limit, criminal provisions in lieu of fines that are not paid by corporations and the obligation to impose sanctions for environmental improvement measures. Therefore, the Law concerning Determination of Job Creation GRL to Become a Law needs to be revoked or revised before it is enacted into law in order to realize environmental-oriented law enforcement. Keywords: Criminal law policy; Environmental Crime; Job Creation Law.]]>
<![CDATA[Potensi Sengketa Hak Atas Tanah di Indonesia ]]>
<![CDATA[Permadi, Iwan Permadi]]>
<![CDATA[ JUSTISI Vol. 9 No. 2 (2023): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/jurnaljustisi.v9i2.2345
<![CDATA[The failure to overcome various land issues in Indonesia is a big homework for the government, because there are internal factors from unscrupulous state officials who contribute to land crimes apart from negligence and lack of prudence of the community. This research examines the potential land problems and factors that cause the recurrence of land conflicts in Indonesia. The research method used is normative juridical with statutory approach and conceptual approach. The results of the research show that the recurrence of conflicts over land is due to weak legal protection of community lands, weak law enforcement and the existence of partisanship being the cause of unsolved land conflicts in Indonesia which makes legal issues regarding land do not lead to the objectives of legal certainty and justice. Keywords : Potential; Dispute; Land]]>
