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Wahab Aznul Hidaya
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wahabaznulhidaya@um-sorong.ac.id
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+6281248582845
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INDONESIA
JUSTISI
ISSN : 19797532     EISSN : 26860821     DOI : https://doi.org/10.33506/js.v10i2
Core Subject : Social,
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 273 Documents
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 Jiwanti, Ainun
JUSTISI Vol. 9 No. 2 (2023): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v9i2.2334

Abstract

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.
Potensi Sengketa Hak Atas Tanah di Indonesia Permadi, Iwan Permadi
JUSTISI Vol. 9 No. 2 (2023): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v9i2.2345

Abstract

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
Akibat Hukum Penggunaan Tanah Hutan Register Menurut Uu Perlindungan Hutan Dan Fiqh Siyasah: (Studi Tanah Register Di Gunung Simbolon) Aditya Pratama Pulungan; Irwansyah, Irwansyah
JUSTISI Vol. 9 No. 2 (2023): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v9i2.2360

Abstract

Mount Simbolon is a mountain that is located between Simalungun Regency and Deli Serdang Regency, North Sumatra Province. The existence of forests besides having economic value, is also often the cause of conflicts. However, in terms of processing, the community does not understand how to properly manage and use the correct registered land which is supposedly located in the Gunung Simbolon area. Registered land is state land and the government has issued rules for its management. In Islam itself there is a form of cooperation in cultivating land similar to land registers. Mukhabarah is a contract in land management with a system of cooperation implemented between the land owner and the cultivator. This study uses legal research which is an analytical process that includes methods, systematics and some ideas with the goal of studying specific legal symptoms and finding solutions to problems. The kind of research that was done was qualitative, and it consisted of taking notes and collecting descriptive data from the text that was being studied. the outcomes of observations and observations from researchers about the register land in Mount Sinbolon have encountered many speculations. Researchers conducted interviews with people who live in the vicinity of Mount Simbolon who incidentally own and work on register land at Mount Simbolon. The results of the data that were published were: the initial land use system register at Gunung Simbolon, related to land plants at the Gunung Simbolon register, income tax from land registers and buying and selling and transfer of owners. Keywords: Gunung Simbolon, Land register, community
KONSUMEN ANAK: Kajian Tentang Perlindungan Hukum Terhadap Lagu Dangdut Koplo Via Youtube Budiono, Arief; Wardiono, Kelik; Puspita Sari, Arindra
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.v9i3.2262

Abstract

This research, which aims to describe the legal protection of children as consumers of dangdut koplo songs, is based on legal research using a doctrinal approach. The main data in this study is in the form of secondary data obtained through a literature study of the dangdut koplo song which is broadcast via the YouTube platform. Based on the discussions that have been carried out, it is known that the dangdut koplo song still does not provide legal protection for children as song consumers, because it is contrary to Law Number 23 of 2002 concerning Child Protection. Keywords: dangdut koplo songs, child protection, consumers.
PERAN HAKIM SEBAGAI PEMBARU HUKUM Chandra, Alex
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.v9i3.2337

Abstract

In Indonesia, the legal system adheres to the European continental system, which is a legacy of the legal system inherited from the Netherlands, which once colonized Indonesia and thus had a significant influence on the country's legal system. Within the framework of the Continental European legal system, judges play a crucial role in adjudicating cases and ensuring justice for all parties involved. According to the Judicial Power Law, judges are prohibited from rejecting a case and are expected to possess a comprehensive knowledge of the law. Therefore, in addition to upholding justice, judges must also be capable of creating or discovering legal principles This research employs a qualitative approach to explore the role of judges as legal innovators within Indonesia's judicial system. It concludes that in the European continental system, judges hold a highly significant position in legal innovation, which, in this context, pertains to law enforcement. In fulfilling their duties, judges must uphold values such as independence, morality, and justice to render fair judgments, aligning with the ultimate aspiration of the legal system..
Implementasi Beracara Secara Prodeo di Pengadilan Negeri Meulaboh Trisna, Nila; Kahar, Ulya Masyita
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.v9i3.2342

Abstract

Court fee waiver services (Prodeo) for the underprivileged, as stipulated in the Supreme Court Regulation of the Republic of Indonesia No. 01 of 2014, is that any person or group of people who cannot afford it economically can do a case for free. At the Meulaboh District Court, prodeo cases did not work as they should, so the public did not know that free litigation services were available. This study aims to find out how the Prodeo trial procedure is, as well as the factors that cause the loss of Prodeo at the Meulaboh District Court. This study uses an empirical juridica method, to find out how efficiently the law works in society, government and legal entities. The use of Prodeo is only for underprivileged people by fulfilling the conditions that have been set and being able to follow all procedures in dealing with prodeo. The factor that causes the loss of Prodeo is due to the lack of isocialization specifically both directly and online media, this is what causes the public to not know about Prodeo cases and causes the loss of the Prodeo budget. keywords: Law, Prodeo,  justice.
Tanggung Jawab Apotek Dalam Kasus Kesalahan Penyerahan Obat Novianti, Novianti; Kholib, Abdul
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.v9i3.2350

Abstract

Responsibility iniactivity toipharmacy apothecaryik is peifor meiguaranteeimy serviceitell meigood for patientin. Keierror in peinewirahan medicine can beibad impact on the patientin and meineed to be responsibleirdata oleih theiservice dragon toiwithito loseirta oninewihe field service toiwithihatan (apoteik) who biinvolved. MeiDeathsi which is used in peiit isilitian this is deijust meiuse meiDeathsi juridical normative deijustiatilaw and concessioniptual that beirsifat themiscriptif seirta supported by oleioriit isifield studies. Friuse the data providedirgunakan meiform the data seicouldir and primeir, which meiglued oniraturan oniprime law legislationir, seicouldir, and teirsionir, seirta field data from informants. From the point of view of consumer protection theory, mistakes made by pharmacies, whether intentional or unintentional, pharmacies must still be held responsible for their mistakes in dispensing drugs to consumers. In case of action that meinewibabkan tirhappen toistart mateiriil youito other parties, can be asked toiit is obligatoryibased on article 1365 KUH Peidate. Oniimplementation of responsibilities peirdata kareibyierror in peinewirahan medicine must be done deijust my wayichange toistart mateireal and imateireal generated. if meidiasi not beirhasil, passin get meisued apoteitheirki the realm of law in PEijudge.
Problematika Tindak Pidana Pelecehan Seksual Terhadap Laki-Laki: Bahasa Indonesia Khazza Kayvana Affadya; Aji Lukman Ibrahim
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.v9i3.2365

Abstract

Abstract : This study aims to discuss sexual harassment against men, which in the last few years has continued to increase and is troubling so that it can be categorized as a problem that needs to be addressed immediately. Various factors such as toxic masculinity and gender double standards can be one of the causes of rampant sexual harassment against men, especially in Indonesia. All forms of regulations that have been passed and enforced have not been able to provide a significant direct effect in reducing the number of sexual harassment that occurs to men. This happens because good regulations are not accompanied by good implementation by law enforcement officials and the lack of participation and concern from the community in responding to the seriousness of sexual harassment against men. It is hoped that special spaces, institutions and forums that need to be provided to provide a greater sense of security for male victims of sexual harassment can be realized immediately in order to overcome the current problems. The writing of this research uses a normative method with several approaches, namely the statutory approach, the conceptual approach, and the case approach. The results of this study are expected to provide theoretical benefits in the form of scientific development in the field of criminal law, especially those concerning sexual harassment in men and practical benefits in the form of new insights for writers and readers, including input for the government, law enforcement officials in taking steps appropriate and efficient policy steps to uphold fair and balanced legal protection to reduce or prevent the occurrence of criminal acts of sexual harassment against men. Keywords: Sexual Harassment, Male Victims, Law Enforcement
Critical Study of Business Competition Supervisory Commission’s Authority in Handling Business Competition Violations Latif, Inas Sofia; Pangestu, Ilham Aji; Fadhlillah, Muhammad Rizqi
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.v9i3.2436

Abstract

The purpose of this study is to criticize the authority of the Business Competition Supervisory Commission (KPPU) in overcoming and resolving business competition violations. The authority in question is regulated in Law Number 5 of 1999 concerning the Prohibition of Monopoly Practices and Unfair Business Competition (Business Competition Law) jo. Law Number 11 of 2020 concerning Job Creation. According to the provisions of laws and regulations, KPPU acts as an independent state auxilary organ. At the practical level, KPPU exercises the authority to investigate, prosecute, and decide. Normative legal research is used by researchers to answer related problems through a legal approach and a comparative approach with literature study methods. The results showed that the implementation of KPPU's authority in handling business competition violations can be said to be still not optimal. Researchers suggest that the ideal authority policy in handling business competition violations can refer to several countries that have similar business competition law enforcement agencies by making adjustments to business competition conditions in Indonesia.
Buying and Selling Cosmetics Not Labeled Halal in Bitung City Perspective of Muamalah Jurisprudence Yusuf, Nasruddin; Botutihe, Magfirah; Gonibala, Pedro Muhammad Arfi
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.v9i3.2461

Abstract

Bitung City is a city located in North Sulawesi whose residents have a high interest in maintaining the performance of their appearance, both women and men. To get a good and beautiful performance and appearance, it is necessary to use beauty tools and cosmetics that support their appearance. The problem is that some cosmetics that are marketed do not have a halal label so they become safe and halal for use in the lens of Islamic law. Some respondents in Bitung City have different views regarding the law on the sale and purchase of cosmetics that are not labeled halal. From the results of the study, it was found that some Muslim users and sellers do not care about the halal label or not in cosmetic products, the most important thing for them is that it has been standardized safe for health issued by BPPOM RI, so in their view it is okay to buy and sell this kind of Some others view the provisions of halal law in products marketed as what causes buying and selling to be legal and halal according to Islamic law. Because the cosmetics marketed are not labeled halal, the cosmetics have the status of sunhat or doubt halalala. Therefore, buying and selling are also categorized as a syubhat buying and selling. Shubhat buying and selling is included in the category of buying and selling that is gharar or vague because of the uncertainty of the legal status of the contents contained in the cosmetics, whether halal or haram. Buying and selling gharar is buying and selling prohibited in the provisions of Islamic Sharia. Keywords: Cosmetics, Buying and Selling, and Review of Muamalah Jurisprudence