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<![CDATA[Social Work Crime as an Alternative to Resolving Overcrowding in Correctional Institutions ]]>
<![CDATA[Kholdaa, Madya Cinta]]>;
<![CDATA[Pujiyono, Pujiyono]]>
<![CDATA[ JUSTISI Vol. 10 No. 3 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i3.3491
<![CDATA[Overcrowded in correctional facilities results from various factors, including increased inmate numbers due to prevailing prison sentencing policies, judicial inefficiencies in handling detainees, and high recidivism rates. The consequences of overcrowding are severe, impacting the ability to meet inmates' basic needs, leading to poor sanitation and health conditions, and reducing the effectiveness of rehabilitation programs. Social work penalties, adopted in several countries, offer a rehabilitative approach that focuses on social reintegration rather than isolation through prison sentences. These penalties help facilitate inmate recovery by involving them in beneficial community activities such as environmental care or social services. This research employs a normative juridical methodology, utilizing document analysis of relevant legal and literature sources. Data are qualitatively analyzed, considering legislative regulations, legal literature, and related research findings. The study aims to contribute to more effective policy formulation for managing overcrowding in correctional facilities and to consider more humane and rehabilitative sentencing alternatives]]>
<![CDATA[The Criminal Offence Of Corruption Of Village Funds (Analysis Of Medan District Court Decision No. 59/Pid.Sus-Tpk/2019 /Pn Mdn) ]]>
<![CDATA[Radyansyah Fitrianda Lubis]]>;
<![CDATA[Edi Yunara]]>;
<![CDATA[Mirza Nasution]]>;
<![CDATA[Marlina , Marlina]]>
<![CDATA[ JUSTISI Vol. 10 No. 3 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i3.3498
<![CDATA[This research aims to provide an understanding of the legal aspects of Village Fund Corruption. In detail, the objectives to be achieved are to analyze the Legal Regulation of the Crime of Corruption of Village Funds, the process of supervision of Village Funds in an effort to prevent Corruption Crimes in Batu Bara Regency and the Legal Considerations of Judges in Issuing Verdicts on Corruption Crimes of Village Funds in the Decision of the Medan District Court No.59/Pid.Sus-TPK/2019/PN Mdn.This study uses a statutory approach and a case approach in its normative juridical research methodology. The results of the study show that the Criminal Law Regulation on the Crime of Corruption of Village Funds, is contained in Law Number 31 of 1999 jo Law Number 20 of 2001 concerning the Eradication of Corruption Crimes, especially articles 2 and 3. The mechanism for monitoring village funds requires the involvement of all parties, namely the village community, the Village Consultative Body (BPD), the Government Internal Supervisory Apparatus (APIP), and related OPDs. The judge's decision is very important, because in it there is a value that can be in direct contact with human rights. In principle, only the judge's decision that has permanent legal force can be implemented. A decision can be said to have permanent legal force if it is issued through an open and transparent trial and no other legal remedies are submitted. Regulation of Village Fund Corruption is regulated in Law Number 31 of 1999 jo Law Number 20 of 2001 concerning the Eradication of Corruption Crimes articles 2 and 3. In carrying out the supervised supervision of village funds, the involvement of all parties is needed, and the judge's decision is very important, because in it there is a value that can be in direct contact with human rights.]]>
<![CDATA[Kajian Yudisial: Perlawanan Para Pihak (Partij Verzet) dalam Proses Eksekusi Hak Milik Atas Tanah Berdasarkan Hukum Acara Perdata ]]>
<![CDATA[Putri, Azizah Kamilah]]>;
<![CDATA[Hazar Kusmayanti]]>;
<![CDATA[Artaji Artaji]]>
<![CDATA[ JUSTISI Vol. 10 No. 3 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i3.3505
<![CDATA[Court decisions that have legal force must be complied with, and execution carried out if the losing party does not voluntarily comply with the judgment. Issues arise when the losing party appeals or takes other legal actions, delaying execution and creating legal uncertainty. Execution is applicable only to condemnatory judgments and is often obstructed by respondent's resistance, a legal challenge from the party involved in the case. The researcher highlights three cases of legal resistance efforts: the South Jakarta District Court decision number 518/Pdt.G/1999/PN Jkt.Sel, Kendal District Court decision number 20/Pdt.Bth/2021/PN Kdl, and Kendal District Court decision number 9/Pdt.Bth/2022/PN Kdl. This study employs a normative juridical method, examining descriptive-analytical literature, and utilizes a qualitative juridical approach in analysis. The research reveals discrepancies between legal certainty theory and judicial practice, where cases may not align with facts or legal standing, leading judges to reject such requests. The study concludes that respondent's resistance is a legal recourse available to the executed party against execution, which does not automatically suspend execution unless there are clear and accepted grounds recognized by the court. The Indonesian Civil Code (HIR) and Civil Procedure Law (RBg) provide legal certainty and protect the rights of those aggrieved by court decisions through the mechanism of respondent's resistance.]]>
<![CDATA[Agrarian Conflicts After the Establishment of the Land Bank Agency in Indonesia ]]>
<![CDATA[Permadi, Iwan]]>;
<![CDATA[Fadhli Rahman Arif]]>
<![CDATA[ JUSTISI Vol. 11 No. 1 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i1.2810
<![CDATA[The establishment of the Land Bank in Indonesia may lead to conflicts of interest and the existence of customary land may be forgotten for reasons of land stateisation. The process of acquiring customary land for reasons of stateisation may affect the legal protection of indigenous peoples' rights. This article examines agrarian conflicts after the establishment of the Land Bank Agency and the legal protection of indigenous peoples' land. This research is examined using the normative juridical method with a statutory approach. The results of the study found that the concept of the Land Bank is in contrast to agrarian reform in terms of land acquisition operations, because land can be obtained through the transfer of land ownership by the state which is intended for investment and infrastructure development. The government needs to improve the land sector Job Creation Law and the legal regulations of the Land Bank, the government must revise the rules related to the Land Bank so that this institution can maintain a balance of land utilisation for various interests fairly. The Land Bank should be a representative of the state to protect vulnerable groups of people, one of which is indigenous peoples. Then the community must be pro-active in applying for a Material Test on articles that have negative potential, especially the regulation of land stateisation in the Job Creation Law and the legal rules regarding the Land Bank in an effort to consolidate guarantees and justifications for land rights over indigenous peoples.]]>
<![CDATA[Status Quo Perkawinan Beda Agama Pasca Surat Edaran Mahkamah Agung Nomor 2 Tahun 2023 ]]>
<![CDATA[Antari, Putu Eva Ditayani]]>;
<![CDATA[I Kadek Budiadinata Satriatama Adnyana]]>;
<![CDATA[Luh Putu Yeyen Karista Putri]]>
<![CDATA[ JUSTISI Vol. 11 No. 1 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i1.3360
<![CDATA[The trend of interfaith marriages is currently gaining interest in Indonesia. Data shows that by 2022, data on interfaith marriages will total 1425 spouses. The presence of the polemic about interfaith marriages in society has resulted in the government, through the Supreme Court, issuing SEMA 2/2023, which prohibits courts from accepting applications for interfaith marriages. Therefore, it is necessary to know the legality of interfaith marriages after SEMA 2/2023, especially regarding the legal ratio of the issuance of SEMA 2/20232. This study aims to determine the basis for the publication of SEMA 2/2023 and the validity of interfaith marriages after the publication of SEMA 2/2023. The study's novelty is demonstrated by the actuality of regulations published related to interfaith marriages in Indonesia, where previous studies analyzed the legality of interfaith marriages before the publication of SEMA 2/2023. The normative legal writing method is used by several approaches, such as the statutory regulations approach -invitation, case approach, and conceptual approach. The collection of legal materials in this study used literature study techniques. At the same time, the legal material analysis method is the descriptive analytical juridical method. The results show that the basis for preparing the circular letter is intended to guide judges in recording religious marriages in Indonesia. Also, since the circular letter came into force, the courts no longer have the authority to register interfaith marriages held in Indonesia.]]>
<![CDATA[Consumer Protection in TikTok Shop Sale Transactions Based on Law Number 8 of 1999 ]]>
<![CDATA[Defriza, Rita]]>
<![CDATA[ JUSTISI Vol. 11 No. 1 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i1.3522
<![CDATA[Online shopping transactions using the TikTok Shop media often experience problems and poor service quality from the business actors. It is because they commonly commit fraud in online shopping with the TikTok Shop media. It is due to the absence of a direct meeting between the seller and the buyer, the size and color of the goods purchased do not match, the dishonesty of the business actors about the goods being sold, and the consumer's lack of understanding of the details of the product ordered. For this reason, consumer rights must be protected by the provisions of laws and regulations. This study analyses consumer protection in online shopping transactions through the TikTok Shop media based on Law Number 8 of 1999 and Law Number 1 of 2024. This study used empirical jurisprudence with a sociological normative approach. The type of data used is primary data. The results of the study indicate that there are aspects of legal protection for online consumers, as shown by Consumer Protection Law Number 8 of 1999 and Electronic Information and Transactions Law (ITE) Number 11 of 2008. The law provides fundamental rights for consumers, such as the right to security, accurate information, and compensation for non-conforming products. The results indicate the importance of implementing the principles of transparency and responsibility among online business actors to prevent consumer losses. Adequate consumer protection can increase consumer trust in e-commerce and encourage business actors to be more responsible in running their businesses.]]>
<![CDATA[The Urgency of Cybercrime Law Reform in Indonesia: Resolving Artificial Intelligence Criminal Liability ]]>
<![CDATA[Kurnia Dewi Anggraeny]]>;
<![CDATA[Mufti Khakim]]>;
<![CDATA[Muhammad Rizal Sirojudin]]>
<![CDATA[ JUSTISI Vol. 11 No. 1 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i1.3608
<![CDATA[The existence of AI is a separate system based on logic, where the information entered into the system will be processed with a programmed algorithm to determine a predetermined result. AI can cause various forms of harm to everyone, including its creator, and the harm it causes can have a long-lasting impact, considering that AI can make decisions similar to humans. The application of AI in the industrial sector will impact all existing systems, including the criminal justice system in all countries. Therefore, the legal regulation of cybercrime in Indonesia needs to be reformed to resolve criminal liability for criminal acts that AI can carry out. The formulation of the problem in this study is what is the urgency of updating cybercrime law in Indonesia. Furthermore, how is the legal policy on criminal liability for artificial intelligence resolved it. Thus, this study normative such as legal research carried out by examining library materials or data using statutory and analytical approaches. This study concludes and suggests that responsibility must be imposed on AI users and legal entities whose responsible parties are company directors. AI creators must also be responsible for the AI's actions. The renewal of cyber law in Indonesia is significant and should be done immediately, even in the Electronic Information and Transactions Law. Almost all institutional and personal documents are stored electronically; the state must also protect them. Other parties can then misuse these documents, which can be traded on the cyber black market and used irresponsibly. Illegal activities in cyberspace are also increasing, and the diversity of their actions with various skills is constantly increasing.]]>
<![CDATA[Onrechtmatige Overheidsdaad for not Fulfilling Incentives for the Protection of Sustainable Food Agriculture Land ]]>
<![CDATA[Riesta Yogahastama]]>;
<![CDATA[Bahri, Syaiful]]>;
<![CDATA[Mohammad Habib Ramdhani]]>
<![CDATA[ JUSTISI Vol. 11 No. 1 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i1.3642
<![CDATA[The regulation of sustainable food agricultural land, especially regarding incentives as an effort to prevent high conversion of functions, the government has the authority to provide incentives as a form of determination from government officials regarding restrictions on agricultural land owned by the community. In practice, the provision of incentives by the government is often not fulfilled, resulting in injustice for the community, even though the regulations explicitly regulate the provision of incentives. this article aims to, How is legal protection for the community regarding incentives for the protection of Sustainable Food Agriculture Land? what is the model of lawsuit against government officials if compensation is not fulfilled in the protection of Sustainable Food Agricultural Land? The type of research used is legal research with statute approach, conceptual approach. This research is prescriptive in nature which aims to provide arguments for the results of the research that has been conducted. The results of this study indicate that legal protection for farmers if their incentives are not fulfilled has not been concretely regulated in Law Number 41 of 2009 concerning the Protection of Sustainable Food Agricultural Land, besides that farmers in accessing justice experience difficulties due to the unregulated and also complicated arrangements regarding the provision of incentives. Also, when farmers experience losses from the non-fulfillment of incentives, they file a lawsuit for compensation, due to provisions that are not fulfilled by government officials as a result of the LP2B policy. Therefore, in law enforcement it is important to reconceptualize so that access to justice for people whose incentives are not fulfilled by the government can make claims against actions taken by the government. Keywords : Law Enforcement, Justice, Incentives]]>
<![CDATA[Legal Protection for Medical Laboratories Concerning Risk-Based Business Licensing Standards and the Fulfillment of Clinical Pathology Specialist ]]>
<![CDATA[Etik Nunuk Setyorini]]>;
<![CDATA[Mokhamad Khoirul Huda]]>;
<![CDATA[Andika Persada Putra]]>
<![CDATA[ JUSTISI Vol. 11 No. 1 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i1.3644
<![CDATA[Medical laboratories play a crucial role in the healthcare system but often face regulatory challenges, particularly in the context of licensing. The amendment to the Ministry of Health Regulation on the Standards of Business Activities and Risk-Based Licensing in the Health Sector, which requires Clinical Pathology Specialists (DSPK) as the responsible physician, replacing general practitioners, has created difficulties for medical laboratory operators. The main issue is the uneven distribution of DSPK across Indonesia, which impacts the operation of medical laboratories. This research aims to analyze the legal protection of medical laboratories concerning the fulfillment of risk-based business licensing standards, particularly regarding the requirement for DSPK. The research employs a normative juridical method by examining relevant laws, government regulations, and judicial decisions. The results indicate that in the formulation of regulation, the legislative rationale must consider philosophical, sociological, and juridical aspects. However, the sociological aspects is not fully addressed due to the uneven distribution of DSPK, rendering the regulation ineffective at the national level. This issue hampers public access to quality laboratory services. Therefore, legal protection is needed to ensure that national health standards are achieved without creating disparities in access to healthcare services across different regions.]]>
<![CDATA[Regulation Act of Torture in Criminal Code: Opportunity and Challenge to Improve Human Rights Situation in Indonesia ]]>
<![CDATA[M. Rizki Yudha Prawira]]>
<![CDATA[ JUSTISI Vol. 11 No. 1 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i1.3653
<![CDATA[This research aims to analyze the opportunities and challenges with regulating the criminal act of torture in Law No. 1 of 2023 concerning the Criminal Code (KUHP). The provisions regarding the criminal act of torture in the Criminal Code certainly open up opportunities in efforts to eliminate the practice of torture in Indonesia. The provisions of Article 530 of the current Criminal Code and the explanatory section stipulate that this article directly derives from the provisions in the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. On the other hand, all efforts and mechanisms to eliminate the practice of torture in Indonesia still require many steps to be taken. This research was conducted using a normative juridical method with a statutory approach. This research also provides an explanation of several gaps from previous similar studies by explaining several novel analyses, such as: (1) the application of sanctions to perpetrators must be adjusted to the provisions of international instruments, (2) revision of various articles in the Criminal Procedure Code which has the potential to perpetuate the practice of torture, and (3) the urgency to ratify the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). The conclusion of this research is an explanation that the regulation of criminal acts of torture in the provisions of the new Criminal Code needs to be appreciated, but of course it is not enough. The state must have high commitment and political will to revise the Criminal Procedure Code openly and involve the community, ratify OPCAT, implement national legal provisions, and ensure law enforcement against perpetrators.]]>
