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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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Cultural Radicalization Cons as an Effort to Eradicate the Crime of Terrorism in Indonesia Arifin, Samsul; Achmad Hariri; Satria Unggul Wicaksana Prakasa; Asis, Asis
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.v10i2.2935

Abstract

Radicalism, which is the main root of a person becoming a terrorist, is a fact that to fight the spread of radicalism, law enforcement is not enough. On the one hand, social conditions also significantly influence efforts to counteract radicalism. From these problems, the question of this research is how socio-culture works in counteracting radicalism. The method used in this study is Socio-legal-based legal study. Further, this study aims to understand and elaborate that socio-culture influences efforts to fight the spread of radical ideas and eradicate criminal acts of terrorism in Indonesia. The results of this study show that in society, there has been cultural radicalization cons through community activities, which have succeeded in countering the spread of radicalism.
Advertising and Campaign Props in the Perspective of Enviromental Ethics in West Aceh Darusman S, Chandra; Basri, Basri; Ath Thariq, Phoenna; Rotin Djusfi, Apri; Fazri, Anhar
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.v10i2.3012

Abstract

Installation of advertisements and campaign props on trees in West Aceh Regency has begun because the 2024 election campaign. It is suspected to be done because the wider community can easily see them and not require expensive promotional costs. West Aceh Regency Qanun has regulated the provisions prohibiting the installation of symbols, flags, banners, and other attributes in certain places. This study aims to find out and explain the suitability of West Aceh Regency Qanun Number 3 of 2021 with the concept of environmental ethics, find out the basis for exceptions to the installation of advertisements and campaign props on trees can be done with the permission of the Regent and find out how law enforcement against violations of the use of trees as a place to install advertisements and campaign props in West Aceh Regency. This study is an empirical juridical study with a prescriptive method that uses library research as secondary data and field study conducted to obtain primary data through interviews and FGDs with informants. The results show that Article 15, paragraphs (1) and (2) of West Aceh Qanun Number 3 of 2021 still need to follow environmental ethics. Hence, it creates a biased interpretation of whether or not the installation of advertisements and campaign props on tree media certainly impacts the emergence of inconsistencies.
Elaborate the Superiority of Smart City in South Korea: A Study Comparison of Laws Sudirman, Lu; Disemadi, Hari Sutra; Manurung, Kevin John Paul
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.v10i2.3081

Abstract

The advancement of technology has played a significant role in societal life, providing convenience across various aspects and creating practical solutions. One phenomenon emerging alongside this progress is the Internet of Things (IoT), a concept of continuous connectivity within networks. A massive implementation of IoT is seen in the concept of Smart City, which integrates this technology to efficiently enhance the quality of life for communities. This research aims to compare the legal regulations governing Smart Cities in South Korea and Indonesia. In Indonesia, there is currently no specific legal regulation for Smart Cities, making a comparison with South Korea particularly valuable. The research methodology employed is normative legal research, utilizing secondary data obtained through literature studies, focusing on legislative analysis and a comparative approach. The findings of this research provide an elaboration on the comparison of legal regulations for Smart Cities in Indonesia and South Korea. The research results are also accompanied by recommendations for the establishment of Smart City legal regulations that could be utilized at the national level.
Grand Fundamental Norm as the Ideal Regional Formation Norm: A Study on Indonesian Community Participation Abdul Kadir; Ahmad Wahidi; Musataklima , Musataklima; Khoirul Anam; Rajaa Hussein Abdulameer
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.v10i3.3102

Abstract

The legal problem in this study is to present local wisdom that is relevant to Pancasila as the grand fundamental norm in the formation of laws and regulations by focusing the analytical study on meaningful participation. This study aims to analyze the grand fundamental norm as an ideal norm and meaningful participation in forming Regional Regulations based on the type of normative juridical research using a statutory and conceptual approach. The data used is secondary data with primary and secondary legal materials, which are processed by checking the completeness, clarity of meaning, suitability, and relevance to the substance of this study, then analyzed using qualitative juridical analysis methods, which are based on the work of juridical reasoning. The novelty of this study emphasizes local wisdom as the primary source and representation of the ideal Pancasila norm (grand fundamental norm) in forming regional regulations through the meaningful participation method. The first study's results show that the grand fundamental norm in forming regional regulations is necessary based on the Indonesian nation's philosophical and sociological values ​​. Thus, Pancasila is the ideal basic norm for implementing Pancasila values ​​, which can be institutionalized realistically in Regional Regulations in Indonesia. Second, the noble culture of the Indonesian nation is the benchmark for Regional Regulations with all the material content and principles in the formation of statutory regulations, namely the principles of justice and transparency with implementation efforts using interactive methods and models of community participation that focus on the form of deliberation to reach consensus. The hope is that this will give birth to participatory Regional Regulations.
Applying Justice Aspects as an Impact of Emergence of Judicial Review Decisions in Children's Cases Against the Law A Wahid Ramdhan Dewanoto; Natangsa Surbakti
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.v10i2.3110

Abstract

The study aims to describe the emergence of aspects of justice in juvenile crimes in decision number 131/PK/Pid.Sus/2015. This descriptive study uses a normative juridical approach. The data source is secondary data in the form of Judicial Review Decision Number 131/PK/Pid.Sus/2015 used library data collection methods, which were then analysed using qualitative methods with deductive logic. Based on the discussion carried out, it can be seen that the emergence of aspects of justice for children dealing with the law who are victims of wrongful arrest due to new evidence, so that the trial process from the beginning cannot bring up aspects of distributive justice by the state before the emergence of Judicial Review Decision Number 131/PK/Pid.Sus/2015, in which the panel of judges made mistakes in the first level process so that the justice that the child should have obtained is new. In addition, to provide distributive justice if there is a wrong arrest, new evidence that appears takes time.
The Legal Aspects Fulfillment of Tax Responsibilities for Micro and Small Enterprises Established as Individual Company Rachman, Aditya; Sudaryat, Sudaryat; Cahyadini, Amelia
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.v10i2.3192

Abstract

An Individual Company is a new legal entity intended for Micro and Small Enterprise (MSE) actors to obtain legal entity status. However, based on the taxation perspective, establishing an Individual Company raises the consequence of tax imposition on one party that is substantially the same entity, namely MSEs as Individuals and Individual Companies as Legal Entities. This study intends to examine the taxation responsibility attached to the Individual Company as a law entity so taxpayers can carry out their tax obligations. The study method used is normative juridical with descriptive-analytical research specifications and qualitative juridical data analysis. The results of this study indicate that MSE actors who establish themselves as Individual Companies are given Corporate Taxpayer status with all its legal consequences. Direktorat Jenderal Pajak (DJP) needs to make adjustments and relax the Rights and Obligations of Corporate Taxpayers in the form of Individual Companies so that the tax self-assessment system is still implemented effectively, easily, and efficiently for taxpayers so that it has an impact on legal certainty and increases the level of taxpayer compliance.
Legal Wisdom in Indonesian Legal System: Toward Progressive Law Enforcement Muhammad Ridwan Hidayat; Suteki, Suteki; Jean Claude Geofrey Mahoro
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.v10i3.3198

Abstract

This study aims to analyze the state of society that began without a system, or what is called the condition of disorder, which is unstable (social melee) so that the state of law, when it comes to people's lives, must also follow the unstable pattern (legal melee). The method used is normative philosophical, which leads to the basis of discourse (Conceptual). This study also explains some of the gaps in previous similar studies by presenting some novelty of analysis, such as (1) an explanation of how legal wisdom is an important concept for progressive law enforcement, (2) the national legal system (conventional) with legalistic positivistic substance remains an open formulation towards legal progressiveness in Indonesia. The exposure of the construction of a legal system continuously undergoing development is an issue that must always get a balance for new legal discoveries so that the developing law always follows the development of society. The results of this study revealed that the existing legal products also naturally show how the law plays a role. Then, with the existence of legal products, one area that gets regulation against it must be more organized than areas that legal arrangements have not been regulated by law. It can be concluded that today's Indonesian legislation is a portrait that shows the problem of existing regulations. It has become natural to revive and develop with a more structured of legal enforcement.
Ratio Legis of Article 12 Letter F : The Extortion in Corruption Rahmatina Putri, Izzati; Ismail, Kautsar
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.v10i3.3220

Abstract

Corruption crimes encompass a variety of offences, one of which is the Extortion Offence. Extortion offences involve offenders proven to demand, receive, or withhold payments through force or threats on material matters while performing their duties as certain officeholders. In Indonesia, regulations for corrupt acts involving extortion offences are outlined in Article 12 letter f of Law Number 20 of 2001, amending Law Number 31 of 1999 on the Eradication of Criminal Acts of Corruption, as well as Article 425 paragraph (1) of the Indonesian Criminal Code. The extent to which a person is considered to have committed a corrupt act involving extortion is a crucial aspect of corruption offences. This study employs the Normative Research Method utilizing statutory and conceptual approaches, with legal material analysis conducted through descriptive means. The findings show that significance of Article 12 letter f in the Corruption Eradication Act as an extension and lex specialist in Article 425 paragraph (1) of the Criminal Code. Officials can take measures to prevent such misconduct to avoid improper cash handling or extortion by those in positions of authority over them. This study offers an in-depth study of illegal levies in corruption, emphasizing Article 12 letter f of Law Number 20 of 2001, aiming to bridge the gap of previous studies and provide practical insights for law enforcement in anti-corruption efforts in Indonesia through normative legal research.
Legal Children Protection as Victim of Psychological Violence in Surakarta Oktaviary, Adinda Rizky; Kurnianingsih, Marisa; Andi Intan Purnamasari
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.v10i3.3232

Abstract

This study aims to reveal how Surakarta government faces legal protection. Also, constraints in providing fulfillment of the rights of child victims of psychological violence committed in the family environment. This study uses an empirical juridical method interview and examine the legal provisions that apply in society. It focuses on violence against children committed by their parents, which has an impact on the child's psychology with valid data sourced from the authorities. Although violence against children is a violation of human rights, without realizing it, there are still many people who are willing to commit acts of psychological violence against children. It is because the child is unlikely to rebel when they receive improper treatment from adults, including within the scope of their own family, even though this treatment will have an impact on the child's psychology in the future. The results revealed that illustrate the psychological violence is only considered an internal family problem, and not many people realize it as an act of violence. Surakarta government has actually made efforts to prevent and reduce the number of violence against children, such as by providing an understanding of the importance of giving good parenting, being more able to control emotions, and being sensitive to the conditions and needs of children. This study concludes that the Surakarta government, through DP3AP2KB, has made various efforts to deal with cases of violence that can have an impact on children's psychology. However, these efforts are not fully supported by the public due to the lack of understanding and awareness of the dangers of violence against children, so the number of child abuse in Surakarta has not been a significant change.
The Guarantee of Children's Right in Determinating Guardian ad Litem on Sale and Purchase of Inherited Property Rahmadanti, Saumita Ngesti; Marisa Kurnianingsih; Ellya Nur Fariesha Binti Azrurahime
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.v10i3.3236

Abstract

On selling the property of minors, absolutely parents must pay attention to the main objective, namely the welfare of the child. Thus, it is not used for personal interests and overrides the interests of children because this is contrary to children's rights. This study examines protecting children's rights for Guardian ad Litem (GAL), which will trade their children's property. To study the rules governing how a guardian ad litem can handle inherited property for the benefit of minors because he is considered an heir to his parent's property if his parents die. This study uses an empirical juridical methodology from the legislative framework, cases, conceptual frameworks, and interviews. Then, the novelty contains the role of the government in regulating minors who legally sell their inherited property and consider related children's rights. The study shows that Badan Pertanahan Nasional (BPN) of Kota Surakarta has carried out its duties effectively, supported by the conditions set for parents who want to sell the property on behalf of their children. The results of this study are the steps taken by the government to ensure that parents do not abuse their power to steal children's property and further examine guardian ad litem ship according to Islamic law. The role of BPN of Kota Surakarta is also in collaboration with the Religious Court in charge of determining guardian ad litem of minors. It can be concluded that the reasons for parents who want to sell their children's inheritance are clear and not abused by parents who want to become guardian ad litem. It caused the role of guardian ad litem in Islam to include the maintenance of themselves and their property. So that all guardians ad litem maintain health, justice, honesty, and good behavior.

Page 18 of 28 | Total Record : 273

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