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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 273 Documents
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Juridical Analysis Of Credit Agreements With Shopee Paylater Agustini, Shenti
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.v9i3.2469

Abstract

Technological developments have an impact on today's business world. Shopee is an online buying and selling application with payment methods made online, namely through the shopee paylater feature or what can be called an online credit agreement. However, there are several cases of default on credit agreements made through the shopee paylater feature. The purpose of this study is to analyze the form and legitimacy of the shopee paylater and settlement of default cases that occur in credit agreements through the shopee paylater. The research method used is normative juridical. The results of the study show that the form of the shopee paylater credit agreement is a standard form of agreement and has legal validity based on the Civil Code. Then the standard agreement is also an implementation of the principle of contractual freedom. If there is a default case in the credit agreement through the shopee paylater, it can be resolved through litigation and non-litigation. Keywords: Credit, Agreement, Shopee
Kedudukan Sertifikat Merek Bagi Perlindungan Badan Usaha Mikro Kecil Dan Menengah Pertiwi, Dian Eka; Tarina, Dwi Desi Yayi
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.v9i3.2472

Abstract

Trademark registration which is one of the characteristics of msmes is often ignored by business actors. The increase in trademark registration is still not proportional to the number of existing msmes. The purpose of this research is to find out the status of a trademark certificate for the protection of Micro, Small and Medium Enterprises entities so that it supports the need for every Micro, Small and Medium Enterprises actor to immediately register their trademark in order to obtain protection under the applicable law. This study uses juridicial normative research by examining secondary legal materials supported by interview results as well as statutory approaches. The position of the brand certificate is important to provide legal protection for the registered trademarks of MSME actors. The government is making various efforts to continue to encourage msmes in terms of registering their trademarks such as holding a free trademark registration program to provide lower registration fees for msmes.
Disharmoni Pertanggungjawaban Pidana Disabilitas Mental Dalam Hukum Positif Di Indonesia Hidayat, Faiz Aqiel Maula; Ibrahim, Aji Lukman
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.v9i3.2474

Abstract

Criminal acts, which in essence cannot be separated from social life, seem to not only occur among ordinary people, but can also occur for and against persons with disabilities. However, the author sees that arrangements regarding criminal liability, especially for persons with disabilities, still contain ambiguity and disharmony between one another. So the authors in this paper aim to discuss the criminal responsibility of persons with mental disabilities in positive law in Indonesia, by using juridicial-normative research methods and guided by the statutory and regulatory approach and case approach. The problems in this study were then analysed and presented in the form of descriptive-qualitative research, so that the results of the research were that in Indonesia's current legal regulations regarding criminal acts by perpetrators of persons with disabilities there are no provisions governing the criminal liability of persons with disabilities at all. Thus, there is a disharmony in the laws and regulations regarding this matter which results in disparity in the judge's decision, even though it involves expert testimony as the judge's consideration. If using a futuristic interpretation that is in line with progressive legal theory, then the existence of the Law on Persons with Disabilities needs to be revised. This is also an implication of the birth of a new Criminal Code which in Articles 38 and 39 regulates more specifically in this regard compared to the old Criminal Code, but still requires further explanation and discussion in the Law on Persons with Disabilities. So in this case the author provides suggestions and recommendations in the form of the need for revision of the Law on Persons with Disabilities as a form of harmonization of positive law in Indonesia. Keywords: Disharmonization of Regulations; Criminal Offenders; Disabilities.
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.
HAK ATAS INFORMASITERHADAP PERLINDUNGAN HUKUMBAGI KONSUMEN DALAM JUAL BELIONLINE MELALUI LAZADA Wardiono, Kelik; Firmansyah, Ifan
JUSTISI Vol. 10 No. 1 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v10i1.2255

Abstract

This study aims to describe consumers' rights to information in buying and selling transactions online on E-Commerce Lazada, this research uses the method approach sociological juridical (law in action). Source of data in this research is library data (library research) which consists of information on goods traded by business actors on E-Commerce Lazada. The data obtained through the literature study, after being processed, was analyzed qualitative by using deductive logic method. Based on the discussion conducted, it can be seen that the information contained in E-Commerce Lazada has not provided consumer protection, this is because there are still many business actors who provide information contrary to Law No. 8 of 1999 concerning Consumer Protection such as incorrect information, no guarantee of compensation to consumers, physical goods that do not match the information, and the information provided is incomplete. As well as the consequences in the form of administrative sanctions for business actors who violate the provisions of the Consumer Protection Act. Keywords: Information Rights, Consumer Protection, E-Commerce
Implementation of Law Number 4 of 2019 in the Independent Practice of Midwives N, Ratni; Nur, Ijang Budiana
JUSTISI Vol. 10 No. 1 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v10i1.2258

Abstract

The profession of a midwife is someone who participates in a midwifery program regularly, structured and recognized by the state. A midwife is considered a professional health worker and is responsible for working with women during pregnancy, childbirth and breastfeeding. The purpose of this study was to determine the implementation of midwifery laws in the independent practice of midwives in the City of Tasikmalaya. The research method uses empirical with quantitative descriptive. This study used a sample of 40 respondents who owned and carried out midwifery independent practice. From the research results, it was found that all midwives already knew about midwifery laws and standards, and the sanctions received if practices did not comply with applicable standards. However, there are still 10% who have not extended STR and SIPB, as well as facilities and infrastructure that are not up to standard. It is hoped that there will be supervision and motivation for midwives to continue to maintain compliance in midwifery services. Keywords: Midwifery; Regulations; Midwife independent practice
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
Aktualisasi Komisi Kepolisian Nasional Dalam Mewujudkan Reformasi Kepolisian Negara Republik Indonesia Yusuf, Yusuf; Harmoko, Harmoko
JUSTISI Vol. 10 No. 1 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v10i1.2392

Abstract

This research examines the actualization of Kompolnas in realizing Polri reform. This research attempts to look at the actualization of Kompolnas and the challenges faced by Kompolnas in carrying out police reform. The approach used in this research is normative law. The legal materials used in this research are primary and secondary legal materials. Legal materials were collected systematically through library research and documentation, then the legal materials were analyzed systematically using deductive and inductive legal reasoning, with the results of the analysis described in this study. The results of this study reveal that Kompolnas' efforts in implementing Polri reform have not been maximized because they do not have the legal authority to evaluate the results of their recommendations. Besides that, there are still obstacles faced by Kompolnas in realizing Polri reform, namely internal factors and external factors. Keywords: Actualization, Kompolnas, Reform, Polri
Juridical Review of Actio Pauliana Against Bankrupt Boedal Becoming The Object Of Liability Hamonangan Turnip, M.O. Saut
JUSTISI Vol. 10 No. 1 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i1.2438

Abstract

The Bankruptcy and Postponement of Debt Payment Obligations Act of 2004 regulates the bankruptcy process, which involves the conversion of a debtor's personal assets into bankrupt assets. The court appoints a curator and a supervising judge to oversee all of the insolvent estate's assets. The curator may come across legal measures initiated by the debtor against the bankrupt assets during this procedure that might be harmful to creditors. Paulina's action is what the curator can do in these circumstances to ask the court to dismiss these legal actions. The purpose of this study is to comprehend how Paulina's intervention supports the rights of creditors, particularly with regard to mortgage rights.The study used normative legal research and conducted descriptive and qualitative analyses of both primary and secondary data. The findings revealed that Paulina's action can be used to protect the mortgage rights of creditors, provided that certain dejure elements are met. The study highlights the importance of consistency and synchronization of decisions based on the principles and norms of bankruptcy law to achieve legal harmonization.In conclusion, Paulina's action plays a critical role in safeguarding the interests of creditors in bankruptcy cases, particularly regarding mortgage rights. It empowers the curator to cancel legal actions that could harm the creditors and promotes legal harmonization. This study underscores the need for consistent and coherent application of bankruptcy laws to ensure the equitable treatment of all parties involved. Keywords : Actio Paulina, Legal Action, Bankruptcy Law

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