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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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Perlindungan Hukum Terhadap Korban Phising Terkait Pengiriman File Apk Artanti Zahra Adisa; Andriyanto Adhi Nugroho
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.v10i1.2980

Abstract

Abstract: In Indonesia, technological advancements are undergoing rapid changes, and this can be beneficial for the daily needs of people. However, apart from the positive aspects of technology itself, there are also cyber threats present in society, for example, phising. Phising is a cybercrime that initially carried out by deceiving victims through the transmission of fake links. However, as it has evolved, phising is now conducted by sending files in apk format through Whatsapp. This research aims to determine the importance of legal regulations regarding phising cases in Indonesia. this study use the normative juridicial legal research as the research method. The results of this study indicate that current legislation in Indonesia doesn’t clearly regulate phising, and the Information and Electronic Transactions Law (UU ITE) doesn’t have specific articles addressing phising. Therefore, there is a need for Indonesia to enhance regulations concerning phising within the UU ITE or to develop separate legislation as a derivative of the UU ITE specifically addressing phising issues. Keyword: cybercrime; phising; cyber threats
Misuse of Consumer Personal Data Through Illegal Fintech Peer To Peer Lending Syaiful, Rivasya Dinda; Sugiyono, Heru
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.v10i1.3003

Abstract

This research examines the misuse of consumer personal data through illegal Fintech Peer To Peer Lending. The aim of this research is to determine aspects related to Peer-to-peer lending Fintech Companies with a focus on the problem of misuse of consumer data. By providing an in-depth overview of forms of data misuse, as well as analyzing the legal responsibilities of illegal peer to peer lending fintech providers who are involved in misuse of consumer data. The research focus based on the background in this research is; 1) What are the forms of misuse of consumer data through illegal fintech peer to peer lending according to decision number; 438/Pid.Sus/2020/PN Jkt.Utr. 2) What is the legal responsibility of individuals managing illegal peer to peer lending fintech who misuse consumer personal data according to Decision Number; 438/Pid.Sus/2020/PN Jkt.Utr. This research uses a type of normative juridical research using qualitative methods and analytical descriptive approaches. So that the analysis can be carried out, the author first collects materials that are appropriate to the legal issue to be studied. The research results show that illegal fintech operators often misuse consumer data by involving third parties who do not have official certification, giving rise to intimidation, threats and defamation of consumers. In addition, the practice of requesting consumer consent to access personal data in violation of certain regulations was also exposed. The conclusion of this research confirms that this act can be subject to criminal sanctions as stated in the court decision. It is hoped that legal enforcement of this practice can be an effective step to protect consumer data and prevent abuse in the peer-to-peer lending fintech industry. Keywords: Misuse of personal data; illegal fintech peer-to-peer lending; positive law in Indonesia.
Regulasi Hukum Terhadap Pemidanaan Orang Yang Melakukan Kohabitasi (Kumpul Kebo) Sholikah, Ana; Hidayati, Rahmatul; Parmono, Budi; Muhibbin, Muh; Ilmania, Nurika Falah
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.v10i1.3009

Abstract

Cohabitation (cohabitation) is an act that violates the juridical and social norms of criminal law carried out in the State of Indonesia. The research was prepared to find out the legal rules for cohabitation offenders and a comparison of cohabitation according to the Criminal Code Law Number 1 of 1946, Law Number 1 of 1951 and Emergency Law Number 1 of 1951 concerning Temporary Measures to Organize the Unity of the Structure of Powers and Procedures of Civil Courts. This research is normative juridical research using the technique of approaching the law. The results of the study reveal that in the regulation there is no explicit formulation policy on cohabitation in the Criminal Code / WvS. Legal arrangements for cohabitation offenders are contained in Article 412 of Law Number 1 of 2023 but have not been enforced. So that the legal arrangements for cohabitation offenders use Jurisprudence, but only certain regions use it. Keywords: Regulation; Legal Consequences; Cohabitation.
Conducting Court Proceedings in Contested Divorce Cases for Persons with Disabilities at Class 1a Malang Religious Court Kilihu, Lia Rosa Fauziah; Muhibbin, Moh.; Suratman, Suratman; Ilmania, Nurika Falah
JUSTISI Vol. 10 No. 2 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i2.3168

Abstract

People with disabilities often receive unequal treatment, especially in the justice process. People with disabilities have equal rights in everything, including the legal process. However, there are barriers for persons with disabilities in the Religious Court of Malang. The purpose of this writing is to find out the obstacles and efforts that occur to persons with disabilities during the legal process.  The research method used is empirical juridical, by conducting interviews or observations at the Malang Class 1A Religious Court.  In this study, it was found that the barriers to lawyering in the Malang Religious Court were insufficient facilities for persons with disabilities, such as the use of language in communication for persons with disabilities. The purpose of legal services for persons with disabilities when dealing with the law in the Religious Courts is to realize inclusive religious justice services. The obstacles in Religious Court of Malang continue to be pursued optimally and gradually by the Malang Religious Court through capacity building for human resources to understand disabilities within the scope of the court which is needed as part of excellent service, which aims to provide information and information to parties with disabilities without hesitation.
Legal Position of Employment Agreement after the Enactment of Government Regulation in Lieu of Law (Perpu) Number 02 of 2022 Concerning Manpower Pandora Manalu, Evanto; Hajati Hoesin, Siti; Bangun Pandapotan Hutajulu; Rinaldi Agusta Fahlevie
JUSTISI Vol. 10 No. 3 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i3.2420

Abstract

The government has replaced Law Number 2 of 2022 on Job Creation, eliminating derivative provisions from Law Number 11 of 2020 on Employment and citing the principles of Legal Certainty and Protection. The terms of employment contracts are predominantly governed by Law Number 13 of 2003 on Manpower, with specific provisions from Law Number 11 of 2020 remaining intact, such as the conversion from Fixed-Term Work Agreements/ Perjanjian Kerja Waktu Tertentu (PKWT) to Permanent Work Agreements/Perjanjian Kerja Waktu Tertentu (PKWTT). Meanwhile, Government Regulation Number 35 of 2021 has been rescinded by the newly implemented Regulation, posing challenges for legal status adjustments in district courts. This investigation aims to scrutinize and elucidate the execution of converting PKWT to PKWTT before enacting the Government Regulation in Lieu of Law (Perppu) and the Omnibus Law. Subsequently, the aim is to explore and clarify the conversion of fixed-term work contracts such as PKWT into permanent work contracts such as PKWTT  following the implementation of the Perppu. This study adopts a normative/doctrinal approach. The consulted literature encompasses various legal documents, including Government Regulation Number 35 of 2021. Then, it was found that the significance of regulations concerning the PKWT to PKWTT conversion was underscored in offering clarity to workers in their daily tasks. The Manpower Law imposes restrictions on work agreements with employees, mandating written contracts in Indonesian and prohibiting multiple extensions beyond the stipulated limit.
Constructing the Concept of Commissioner Judge in Enforcing the Exclusionary Rules Principle in Indonesia Febryan Alam Susatyo; Muksin, Muchlas Rastra Samara
JUSTISI Vol. 10 No. 3 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i3.2607

Abstract

Pretrial aims to protect human rights from misuse of authority by law enforcement officials. The concept of commissioner judges, which aims to be a substitute for the current pretrial procedure. It is expected to achieve the objectives of criminal procedural law that respects human rights by upholding the exclusionary rules principle. This study aims to understand the role of the commissioner judge in upholding the principle of exclusionary rules to achieve a criminal legal process that respects human rights. Further, a normative approach used statutory, conceptual, and comparative legal approaches. The author tries to discover the concept of a commissioner judge upholding the exclusionary rules principle to assess the validity of evidence obtained by law enforcement officials. It is hoped that the objectives of criminal procedure law that protect and guarantee the interests of human rights can be achieved by the concept of commissioner judge.
Legal Dilemma between Law on Protection Child and Marriage Law in Addressing Early Marriage Tan, Winsherly; Agustianto, Agustianto; Febri Jaya
JUSTISI Vol. 10 No. 2 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i2.2814

Abstract

This study aims to analyze marriage regulations with child protection, namely Law Number 16 of 2019 on Marriage and Law Number 35 of 2014 on Child Protection. These two regulations will be analyzed to protect children who marry underage. The study method used is normative juridical. As a novelty, the study tries to compare marriage arrangements with child protection arrangements. The purpose and perspective of underage marriage between the two regulations are different. The research results show that marriage law has a different spirit than child protection law. This is shown in the marriage law, which states that children are still allowed to marry for urgent reasons by applying for a dispensation to the court. However, child protection law explicitly does not allow this. Therefore, there is a need for more detailed regulation regarding the category of "urgent reasons" regulated in the marriage law.
Indonesian Business Competition Law post the enactment Government Regulation in Lieu of Law on Job Creation Regulation into Law Gusliadi, Gusliadi; Purnama, Nur Aziziyah; Pamungkas, Rizaldi Tri; Muhammad Azimuddin Mohamed
JUSTISI Vol. 10 No. 2 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i2.2816

Abstract

This study aims to find out the development of business competition law in Indonesia as stipulated in Law Number 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition and its impact on the dynamics of business competition in Indonesia after the enactment of Law Number 6 of 2023 on Stipulation of Government Regulation in Lieu of Law (Government Regulation in Lieu of Law) Number 2 of 2022 concerning Job Creation into Law. This study uses a normative method with a statute approach and a library research approach. The formulation of the problem in this study is the development of business competition law in Indonesia after the enactment of the Government Regulation in Lieu of Law on Job Creation into Law and the impact of the enactment of Law Number 6 of 2023 on the dynamics of business competition in Indonesia. The results showed that the Business Competition Law in Indonesia experienced the first change in terms of substance after the enactment of Law Number 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law. These changes then led to a shift in the dynamics of the Competition Procedure Law, which was considered regressed.
Analysis of Child Labor Rights Fulfillment Based on Maqashid Syariah Marwa, Muhammad Habibi Miftakhul; Immawan Wahyudi; Fithriatus Shalihah
JUSTISI Vol. 10 No. 2 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i2.2861

Abstract

Child Labor is a serious problem that has attracted national and international public attention. The purpose of writing this article is to analyze in depth the review of the fulfillment of child Labor rights based on maqashid sharia. This article's research method uses a type of normative legal research using secondary data obtained through literature study. The collected data was then analyzed descriptively qualitatively using a conceptual approach, namely the concept of maqashid sharia. The results and findings in this article are that Islam places the fulfillment of children's rights as an important thing to realize. The general aim of Allah SWT in sending down the Shari'a is to bring about benefits. The basic concept of benefit is realizing benefits and preventing harm. The practice of child Labor is prohibited, because it conflicts with the five main principles of maqashid sharia, namely the protection of religion, soul, mind, property and descendant, which are primary needs (dharuriyyah) that must be fulfilled in humans. The priority of a child's age is to fulfill the rights of religion, soul, reason and heredity rather than fulfilling the need for wealth.
The Implementation of Aceh Qanun on Halal Labeling for MSMEs in West Aceh Regency Nila Trisna; Putri Kemalasari; Rachmatika Lestari; Adella, Adella Yuana; Yayuk Eko Wahyuningsih
JUSTISI Vol. 10 No. 3 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i3.2914

Abstract

The purpose of this study is to determine the implementation of Aceh Qanun Number 8 of 2016 on the Halal Product Assurance System (The Aceh Qanun on Halal Label) on Micro, Small, and Medium Enterprises (MSMEs) and to understand the supervision of the implementation of the Aceh Qanun on Halal Label in West Aceh Regency. The study method used is empirical juridical, producing descriptive data regarding implementing the Aceh Qanun on Halal Label towards MSMEs in the West Aceh Regency. This study is important because data from the Health Office of West Aceh Regency shows that 30 MSMEs have obtained halal certificates. In comparison, 64 MSMEs do not have halal certificates for their marketed food products. Based on the data, this fact does not comply with the provisions of Article 4 of Law Number 33 of 2014 on Halal Product Assurance (hereinafter referred to as the Halal Product Guarantee Law 2014), which obliges all products traded in Indonesia to have halal certification. This provision is in line with Article 4 of the Aceh Qanun on Halal Label, which states that the Halal Product Assurance System aims to provide protection, peace of mind, and legal certainty to the community in consuming and using Halal and hygienic products for physical and spiritual health. The assurance of halal products refers to legal certainty regarding the halal status of products, proven by halal certificates, halal registration numbers, and halal labels. Many MSMEs in West Aceh do not have halal product certificates, so the objectives of the Aceh Qanun on Halal Label have yet to be well implemented. The suboptimal supervision also influences the suboptimal implementation of the Aceh Qanun on Halal Label. This supervision involves various West Aceh Regency Local Government institutions, such as the Ministry of Religious Affairs and the Health Office. The main constraint is the limited funds allocated for such supervision, resulting in suboptimal halal product supervision for MSMEs in West Aceh.

Page 17 of 28 | Total Record : 273

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