cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Wahab Aznul Hidaya
Contact Email
wahabaznulhidaya@um-sorong.ac.id
Phone
+6281248582845
Journal Mail Official
jurnaljustisi@um-sorong.ac.id
Editorial Address
Jl. Pendidikan No. 27 Kota Sorong
Location
Kota sorong,
Papua barat
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
 17   18   19   20   21 
Controversies and Unconstitutional Practices of Elections Postponement in Indonesia: State Interest or Political Elite Interest? Rakia, A. Sakti R.S
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.v10i2.3276

Abstract

The Indonesian political atmosphere has recently been shocked by controversial issues regarding the postponement of the Indonesian elections in 2024 nationally. The reason for postponing the election is due to the unstable economic condition of the country after COVID-19 so that it is considered incapable of holding elections in 2024. This study aims to find out how the postponement of elections is regulated in Indonesia, as well as whether the postponement of elections is a constitutional action or for the interests of groups elite. The results of this study indicate that basically the Indonesian Election Law does not specifically regulate the postponement of elections. The postponement of elections in the provisions of election law in Indonesia only regulates regional election delays. Meanwhile, national election delays are not adequately regulated. Therefore, nationally postponing the election is considered a violation of the Indonesian constitution. In addition, it is seen that the postponement of the election is not an aspiration of the Indonesian people so that it is considered an attempt by the political elite to take political advantage in the 2024 election.
Pembelaan Terpaksa Melampaui Batas (Noodweer Excess) Dalam Konsep Reposisi Korban Puspanegara, I Gusti Ngurah Dwi; Wulandari, Ni Gusti Agung Ayu Mas Tri; Luh Putu Yeyen Karista Putri
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.v10i3.3287

Abstract

The victim who is in the position of being the perpetrator of defense exceed the limit due to the act of murder committed against the perpetrator of begal in criminal law regulated in Article 49 Paragraph (2), which is known as Noodweer Exces. This study aims to identify situations where defense exceed the limit in the context of the victim's role reversal in the case of the crime of robbery. The study applied normative legal research as the method. The approach involves analyzing and describing legal materials such as relevant literature, journals, and regulations, focusing on interrelated primary and secondary legal sources. The main difference with previous study is the emphasis on statutory analysis and case approach, as well as the application of the theory of criminal elimination, the theory of negative proof, and the principle of culpa in causa as supporting theoretical foundations. The findings show that, in principle, criminal regulations in Indonesia protect from a legal perspective against acts of defense carried out by individuals, in this case involved as victims of a criminal offense. Therefore, acts of defense exceed the limits are considered not criminalizable because defense is a right owned by everyone to fight against actions contrary to legal provisions. A person is considered in forced defense if they meet the conditions stipulated in Article 49 Paragraph (2) of the criminal law. These conditions include the act of defense that exceeds the established limits, the direct effect of severe mental or mental shock due to the attack that occurred at that time, and the act of defense in response to the attack or threat of attack. However, the granting abolition of punishment also depends on the results of the trial evidence in this case, which determines whether the perpetrator entitled to obtain it or not.
Legal Protection for Unauthorized Copying of Songs on Digital Platforms Through Audio Watermarking Method Baisuni, Hasan; Djulaeka, Djulaeka; Mohammad Ali Sajjad
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.v10i3.3291

Abstract

The objective of this research is to investigate the effectiveness of the Copyright Law in safeguarding digital songs with audio watermarking from illegal duplication, and to analyze the legal responsibilities of those who duplicate songs on digital platforms using such methods under the Copyright Law. The research methodology employed is normative juridical, focusing on the internal aspects of positive law and utilizing literature sources like journals, books, case law, and relevant legislative materials, particularly Law No. 28 of 2014 on Copyright. Legal materials are gathered through a literature review as a secondary data source, along with descriptive analysis to elucidate the legal implications concerning copyright protection in the digital age. The novelty of this research lies in the integration of advanced and effective audio watermarking technology in addressing the challenges of copyright protection in the digital era. The research results highlight the importance of copyright protection in the music industry in the digital era. Audio watermarking methods are used to insert data into digital content to protect content ownership and identify copyright holders. There are efforts to overcome the challenges in preventing illegal acquisition of copyrighted content by utilising watermarking technology. It can thus be concluded that despite efforts made to regulate the digital marketplace and improve legal standards, illegal distribution of material is still quite rampant. YouTube is cited as an effective platform in protecting intellectual property rights by successfully addressing the issue of copyright infringement by removing infringing content.
The Legal Status of Circumstantial Evidence in the Context of Criminal Cases in Indonesia Hari Wibowo; Dodi Jaya Wardana; Levina Yustitianingtyas; Hasnan Bachtiar
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.v10i3.3307

Abstract

In practice, there are several instances of criminal decisions that are not in accordance with the law. In such instances, the judge interprets the law or legal findings based on circumstantial evidence. As a result, the action taken does not achieve the highest degree of justice and legal certainty in a decision. This is because the decision is not based on the minimum requirements of two pieces of evidence that must be met in terms of evidence to impose a sentence. The objective of this research was to analyze the legal status of circumstantial evidence in the context of criminal cases. Our research findings indicate that the philosophy of circumstantial evidence, as it pertains to criminal procedural law, represents a form of evidence that can be considered by judges in relation to the absence of facts that are not directly visible by eyewitnesses. This evidence is intended to provide a comprehensive depiction of the truth of an event, thereby facilitating the acceptance of a reasonable account of events. Establishing circumstantial evidence is distinct from providing instructions, however. To do so, one must obtain clues from facts presented at trial in the form of witness statements, letters and statements of the accused. The ius constituendum application of circumstantial evidence in the process of proving a criminal case is to provide the judge with the authority to utilise circumstantial evidence in the process of proving a crime as an additional legal means of evidence in sentencing. The role of indirect evidence in the imposition of criminal penalties is a doctrine that is confined to be the domain of legal experts.
Illegal Logging Eradication in the Perspective of National Criminal Law and Local Wisdom of Manggarai Community Ngompat, Yohanes Leonardus; Finsensius Samara; Dwityas Witarti Rabawati
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.v10i3.3308

Abstract

This study discusses illegal logging as an environmental problem, especially in forestry. Illegal logging is a criminal offence, especially in violation of Law Number 41 of 1999 on Forestry and Law Number 18 of 2013 on Prevention and Eradication of Forest Destruction. Illegal logging is also prohibited based on the Manggarai community's local wisdom. The prohibition is motivated by the tradition of the Manggarai community, which utilizes the forest and recognizes the roko molas poco customary ritual. The ritual aims to inform the Manggarai people that anyone who wants to take a tree in the forest must bring a new tree seedling in exchange. This ritual also shows the responsibility to preserve the forest so it is not damaged. However, there are still people who commit illegal logging. This study aims to analyze and find regulations and concepts for eradicating illegal logging from the perspective of national criminal law and the local wisdom of the Manggarai community. The type of study used is empirical legal research. This study is a novelty because previous researchers should have specifically reviewed the role of local wisdom, especially the Manggarai community, in eradicating illegal logging. The results show that the role of criminal law and the local wisdom of the Manggarai community is significant in eradicating illegal logging crimes. Criminal law regulates the provision of criminal sanctions against individuals and groups who commit illegal logging. The same thing also applies to the local wisdom of the Manggarai community, namely the roko molas poco ritual that the taking or utilization of timber forest products must not conflict with the ritual; if it conflicts, then it will be subject to customary fines. Based on this explanation, not only national law has a role in combating illegal logging, but local wisdom law also has a role.
Law Enforcement of E-Ticket Cases at the Bantul District Prosecutor's Office Idhun Fauzan Risalma; Isnawan, Fuadi
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.v10i3.3319

Abstract

Law enforcement of E-Tilang cases has an important role in maintaining traffic order and security in Indonesia. This study aims to determine the role of the Bantul State Attorney's Office in enforcing the law of e-tickets or electronic tickets for traffic violations and the obstacles to the role of the Bantul State Attorney's Office in enforcing the law of e-tickets or electronic tickets for traffic violations. The research method used in this research is empirical legal research. The approach used in this research is a juridical-empirical approach, namely analysing the legal problems that have been formulated by combining legal materials both primary legal materials, secondary legal materials and tertiary legal materials which are secondary data with primary data obtained in the field through interviews. This research is a new contribution to the understanding of law enforcement related to the E-Ticket case at the Bantul District Attorney's Office. From a series of previous studies, various points of view have been studied in depth. This research aims to provide a more comprehensive understanding of the role and constraints of E-Ticket law enforcement, as well as highlighting innovations and best practices in the context of traffic law enforcement. This research shows that the role of the Bantul State Attorney's Office in enforcing the law of e-tickets for traffic offences is as a protector of personal data, a guarantor of legal certainty and justice, and as an executor. Obstacles in the implementation of its role include the absence of detailed legal rules governing the implementation of electronic-based law enforcement, then in the aspect of resources, still limited technological infrastructure, such as unstable internet access and inadequate computers, in terms of human resources which are still very limited, another inhibiting factor is from the community, the lack of public awareness and understanding of the importance of orderly traffic..
The Criminal Liability in the Context of Fertilizer Trade in Indonesia Farida Luthfyana; Kuswardani, Kuswardani; Hussain, Mazlena Binti Mohammad; Hidaya, Wahab Aznul
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.v10i3.3347

Abstract

Indonesia is an agricultural country and its agricultural sector which important in meeting food needs. On its journey, the agricultural sector in Indonesia is developing to improve the quality and production of food needs. Then, the fertilizer process has an important role in increasing the production of agricultural products, and the government needs to implement policies to subsidize the price of fertilizers for fertilizer distributors and arrange the regulations underlying the policy. If the fertilizer trade for fertilizer distributors is based on more than clear regulations, how can Indonesia's agricultural journey run. Thus, this study aims to attempt to describe the criminal liability of fertilizer trade based on court decisions at the first level up to the cassation level (namely, Decision Number. 137/pid.sus/2020/PN.Btg, Court of Appeal (Number. 487/Pid.Sus/2020/PT SMG and Cassation Decision Number. 78/Pid.Sus/2022). This study is normative research with a case approach, requiring secondary data in legal documents and references relevant to the subject matter. Data were collected by identification and inventory and then analyzed using the basic principles of criminal law. The novelty is fulfilling criminal liability is not enough regarding the psychological aspects (adult, healthy mind). However, it must also fulfill the normative measure of the act. The results showed that the defendant in the first instance and appellate level decisions were able to take liabilitybut was not sentenced because the element of the action in the prosecutor's charge, which stated "conducting trading business activities without having a license in the field of trade granted by the Ministry" was not fulfilled/proven, because the defendant had a trading business license (SIUP) issued by the Integrated Investment and Licensing Agency Number: 519/054/2014 dated June 04, 2014, under the name of the Agricultural Facilities and Organic Fertilizer Shop "Tani Jaya." The cassation verdict of the defendant can be held responsible and sentenced to punishment because measures from the psychological aspect are fulfilled. The measurements are from the normative aspect demanded by the public prosecutor, especially the elements that are also fulfilled. It can be consluded that based on the court's decision to measure the perpetrator's liability for a criminal offense, two measures must be met in imposing punishment.
Resolution Effort of Electricity Theft Crimes at PLN UP3 Sorong Saiful HMH; Dwi Pratiwi Markus; Muh Akhdharisa SJ; Mohammad Belayet
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.v10i3.3366

Abstract

This study aims to investigate the impact of electricity theft on PLN and the state and analyze the out-of-court resolution system for electricity theft by PT PLN UP3 Sorong Branch. The method used is an empirical juridical approach focusing on case analysis and field data. The results showed that PLN uses the additional bill, Tagihan Susulan (TS) as the fine, as an out-of-court resolution for electricity theft cases. However, there is an option to settle through the court if the customer objects. Although the number of cases is decreasing, challenges in addressing the problem of electricity theft still exist, and its resolution requires a holistic approach that considers the principles of justice and applicable law. In conclusion, electricity theft violates the law that must be addressed effectively to maintain the sustainability of the electricity sector and justice for all parties involved.
Application of Restorative Justice to the Crime of Sexual Violence against Women Ganen Seknun; Hadi Tuasikal; R.S. Rakia, A. Sakti; Nini Nurouzi
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.v10i3.3375

Abstract

This research highlights the background of Indonesia as a state of law, where state power is regulated by law to achieve legal order. However, the implementation of laws to protect women from violence still poses weaknesses that affect the sense of justice and impunity for perpetrators. As an alternative solution, the Restorative Justice approach is proposed to resolve acts of sexual violence by involving victims and perpetrators in dialogue and joint recovery, in accordance with the principle of consensus. This research uses the normative juridical method by analyzing relevant regulations and literature as well as conducting interviews at the Teluk Bitung District Police. It was found that the Restorative Justice approach can be a more inclusive and restorative alternative for victims and perpetrators of sexual violence. However, to implement it effectively, certain conditions need to be met, including admission of guilt, consent of the victim and perpetrator, and support from the police or prosecutor's office. The results show that this approach has the potential to provide a fairer resolution and have a positive impact on efforts to prevent and respond to violence against women in Indonesia.
The Influence of The Phrase 'Online' on the Fulfillment of Public Participation in the Formation of Laws Through the DPR Legislative Information System Pujianti, Yuwinda Sari; Perwira, Indra; Junaenah , Inna
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.v10i3.3449

Abstract

This research aims to analyze the influence of the phrase 'Online' on the fulfillment of Public Participation in Law Formation through the DPR's legislative information system. This research uses a normative legal research approach which includes legislative, conceptual and historical approaches. Method: The data collection approach in this research is library research. The data obtained is then processed through three stages, namely data reduction, data presentation, and drawing conclusions. Results: Research findings show that the term 'online' in article 96 of Law Number 13 of 2022 requires the DPR to be able to assist in implementing community involvement, one of which is through sileg. Apart from that, based on the provisions of Secretary General Number 13 of 2020 and the parliamentary website guidelines that have been prepared by the IPU, improvements and developments need to be made in the implementation of Sileg. Novelty: The novelty of this research comes from the research object, namely the formation of laws through the DPR Legislative Information System in the context of the influence of the phrase 'Online' on the fulfillment of community participation. Conclusion: Adequate information in Sileg at all stages of law formation can facilitate and encourage public participation in providing input on each bill that is being discussed and/or will be discussed in the DPR. The ideal implementation of sileg is as an online medium for people to carry out more meaningful community activities.

Page 19 of 28 | Total Record : 273

 17   18   19   20   21 

Filter by Year

2018 2026


Reset
Filter By Issues
All Issue Vol. 12 No. 1 (2026): JUSTISI Vol. 11 No. 3 (2025): JUSTISI Vol. 11 No. 2 (2025): JUSTISI Vol. 11 No. 1 (2025): JUSTISI Vol. 10 No. 3 (2024): JUSTISI Vol. 10 No. 2 (2024): JUSTISI Vol. 10 No. 1 (2024): JUSTISI Vol. 9 No. 3 (2023): JUSTISI Vol. 9 No. 2 (2023): JUSTISI Vol. 9 No. 1 (2023): JUSTISI Vol 8, No 1 (2022): Januari 2022 Vol. 8 No. 3 (2022): JUSTISI Vol. 8 No. 2 (2022): JUSTISI Vol. 8 No. 1 (2022): JUSTISI Vol. 7 No. 2 (2021): Juli 2021 Vol 7, No 2 (2021): Juli 2021 Vol 7, No 1 (2021): Januari 2021 Vol. 7 No. 1 (2021): Januari 2021 Vol. 6 No. 2 (2020): Juli 2020 Vol 6, No 2 (2020): Juli 2020 Vol 6, No 1 (2020): Januari 2020 Vol. 6 No. 1 (2020): Januari 2020 Vol 5, No 2 (2019): Juli 2019 Vol. 5 No. 2 (2019): Juli 2019 Vol. 5 No. 1 (2019): Januari 2019 Vol 5, No 1 (2019): Januari 2019 Vol. 4 No. 2 (2018): Juli 2018 Vol. 4 No. 1 (2018): Januari 2018 Vol 4, No 2 (2018): Juli 2018 Vol 4, No 1 (2018): Januari 2018 More Issue