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Wahab Aznul Hidaya
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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 16 Documents
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Search results for , issue "Vol. 9 No. 3 (2023): JUSTISI" : 16 Documents clear
Sengketa Kewenangan dalam Proses Likuidasi Boedel Pailit antara Kurator dengan Kejaksaan Republik Indonesia Andrian, Andrian
JUSTISI Vol. 9 No. 3 (2023): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v9i3.2509

Abstract

The dispute over execution authority between general confiscation in bankruptcy law and criminal confiscation in criminal law is a classic problem that until now has not found a solution because each of these legal dimensions has its own legal certainty. On the criminal law side, criminal confiscation is a natural thing considering the procedural law regulates this matter. Likewise on the side of bankruptcy law, where general confiscation is a juridical consequence of the debtor's bankruptcy determination. This problem then becomes an irony because both general confiscation and criminal confiscation applied in a case are efforts that both uphold the interests of creditors or victims. This study will concentrate on the issue of protecting creditors from the problem of overlapping authorities to liquidate estates in bankruptcy. Both normative legal research approaches and qualitative analytical techniques will be used in this study. It is intended that this research will not only increase readers' understanding but also serve as a legal construction solution for associated parties to address authority conflicts throughout the liquidation process. estate insolvent. Keywords: General Confiscation; Criminal Confiscation; Creditor Protection.
Review of Islamic Law on Customary Law Values in Community in North Lore Utara And Lore Peore, Poso-Indonesia MS, Syaifullah; Cikka, Hairuddin
JUSTISI Vol. 9 No. 3 (2023): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v9i3.2543

Abstract

Long before state law, customary law was in effect, and no ordinary or customary law itself taught deviant behavior. Customs correct the wrong and provide solutions to social problems. The custom in the Pekurehua area is called the Pekurehua Tawailia custom, which is divided into the four largest divisions, namely the Posamboko custom/marriage, the mpogalo galo custom, or social order, the mpowia custom or farming methods, and the ngkapate custom or death. The objective of this research is to analyze the Islamic Law on Customary Law Values in Community in North Lore Utara And Lore Peore, Poso-Indonesia. the method used by this research is Empirical juridical. The collecting data method is by the interview. The result of this research is the implementation of customary law values in North Lore and Lore Peore Districts, Poso District, is deeply ingrained in the region's historical, cultural, and religious contexts and The implementation of customary law values in the Napu Valley or Pekurehua region of Poso Regency is a complex interplay between historical traditions, cultural practices, and Islamic teachings Keyword : Islamic Law; Customary Law; Poso Indonesia.
Analysis of the Satisfaction of Narcotics Residents with Services at Nunukan Class IIB Correctional Facility Maha Saputra, Hendra; Mujtahid, Iqbal Miftakhul; Nugroho, Rino A.
JUSTISI Vol. 9 No. 3 (2023): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v9i3.2369

Abstract

This research aims to examine the satisfaction level of narcotics prisoners regarding the services provided at the Class IIB Nunukan Penitentiary. The research employs a qualitative research method, utilizing interview and literature review techniques. The data analysis technique utilized is qualitative data analysis, involving data presentation, data verification, data reduction, and the re-presentation of the reduced data. The results of the study indicate that inmates at Class IIB Nunukan Penitentiary are pleased with the caregiving and medical services that meet the standards of Law No. 12 of 1995. However, the service delivery faces hindrances such as budget constraints, inadequate facilities, limited transportation, and insufficient staff. Additionally, surveys and interviews reveal issues related to the non-objectivity and lack of empathy from officers, as well as insufficient communication between officers and inmates. Keywords: Satisfaction, Service, Prisoners, Correctional Institutions
Criminal Conflict Analysis: Factors Causing Criminal Acts in TIPIKOR and TPPUU Cases (Decision Number 06/Pid.Sus-TPK/2022/PN.Bjm) Syahilla, Vabiola; Widowaty, Yeni
JUSTISI Vol. 9 No. 3 (2023): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v9i3.2718

Abstract

The compounding of criminal acts of TIPIKOR and TPPU is not a new thing, there are several previous studies that discuss this matter but in mining cases there has been no deeper discussion, this makes the author interested in researching related to the compounding of criminal acts in TIPIKOR and TPPU in the mining sector. This research aims to obtain knowledge related to the factors of concurrent criminal acts in TIPIKOR and TPPU in the mining sector. This research is a normative juridical research. The results of the research are: the factors causing concurrent criminal acts, namely TIPIKOR and TPPU in the mining sector based on the author's analysis in verdict number 06/pid.sus-tpk/2022/pn.bjm, namely the factors of power and opportunity possessed by the perpetrator, which made the perpetrator commit concurrent criminal acts, namely TIPIKOR and TPPU. Keywords: Conjunction of Criminal Acts; TIPIKOR; TPPU.
PERAN DKPP DALAM PENYELESAIAN PELANGGARAN ETIK PENYELENGGARAAN PEMILU Zulkarnain, Muhammad; Ningsih, Nanik Prasetyo
JUSTISI Vol. 9 No. 3 (2023): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v9i3.2741

Abstract

The implementation of elections is a fulfillment of the political rights of the people. In order to realize people's sovereignty, a code of ethics for organizing elections was formed which was under the authority of the DKPP. DKPP plays an important role in violations of the implementation of elections in Indonesia, this study aims to analyze the role of DKPP in violations of the implementation of elections. This research is normative legal research. The results of the study show that: The role of the DKPP in the event of a violation will be responsive and responsive to all complaints, as an example can be seen from the two decisions that the author analyzed even though there were results that rejected the complainant's complaint but all of them still went through the problem solving procedure. According to the author, DKPP has carried out its role based on the two decisions above. But regarding the sanctions against the accused, according to the author, it needs to be updated so that it will have a deterrent effect on the accused. Keywords: Settlement of Violations of the Code of Ethics; General Elections; DKPP.
Analisis Yuridis Dampak Pencemaran Lingkungan Pertambangan Mangan dan Nikel di Provinsi Maluku Utara Bidul, Sayang; Widowaty, Yeni
JUSTISI Vol. 9 No. 3 (2023): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v9i3.2768

Abstract

This study analyzes the impact of what happens to communities in North Maluku Province due to manganese and nickel mining. The purpose of this study is to determine what impacts occur on communities in North Maluku Province due to manganese and nickel mining and provide solutions to the research results. In contrast to previous research, this study focuses on the impacts that occur that harm the community and the concepts that should be done in dealing with it through a conflict resolution approach. This research is a Normative legal research. The results found that: The impact of Manganese and Nickel mining in North Maluku Province from the results of the author's research has a positive impact as an economic support and has a negative impact on the environment and according to the author is more likely to have many negative impacts, including: water pollution, air and soil pollution due to Manganese and Nickel mining activities in Central Halmahera Regency, North Maluku Province, according to the author, is a serious problem. The government's desire to make Indonesia as a major producer of Nickel-based products, the lives of the people of Central Halmahera in the Nickel mining area were deprived. They have to give up losing their livelihood until their health is compromised. There is no accountability from PT. IWIP for the impact that occurs is also influenced by the new applicable rules, namely Article 88 Article 88 of Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation Being a law, where provisions without proving the element of guilt have been removed, this will make it difficult for the community to prove the impact of environmental pollution that occurs. Keywords: Impact of Environmental Pollution; Mining Accountability; Mining Conflict.

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