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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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Relevance of Aceh's Qanun Jinayat in Minimizing Cases of Sexual Harassment against Children in Aceh Wiwin Widiarti; Erika Magdalena Chandra; Rully Herdita Ramadhani
JUSTISI Vol. 11 No. 1 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i1.3670

Abstract

This study aims to describe the relevance of Qanun Number 6 of 2014 concerning Jinayat Law as a legal regulation used to address cases of child sexual Harassment in Aceh. This is considered important because until now cases of child sexual Harassment in Aceh have continued to increase every year. In addition, Aceh is a region that has special regulations that are formed based on Islamic law and customary law. Therefore, the provisions relating to sexual Harassment in Aceh are different from other provincial areas that use the Child Protection Law, the Sexual Violence Crime Law or Law Number 1 of 2023 concerning the Criminal Code. The study was conducted using a sociological legal research method with descriptive analytical writing specifications. The focus of this study is on how the relevance of Aceh Qanun Number 6 of 2014 concerning Jinayat Law is in minimizing the number of cases of child sexual Harassment in Aceh, thus causing this study to be different from previous studies. The results of this study indicate that Qanun Number 6 of 2014 concerning Jinayat Law has not been able to optimally address cases of child sexual Harassment in Aceh. It is because the five factors that influence the effectiveness of the implementation of Qanun Jinayat in Aceh have not been effective until now. The five factors are legal factors, law enforcement factors, facilities and infrastructure factors, community factors and cultural factors. In addition, the provisions of the threat of sanctions contained in Qanun Jinayat when associated with the theory of just desert and the theory of the purpose of punishment in Islamic criminal law are still relatively light so that they have an impact on the unprotection of children's rights as victims and do not provide a deterrent effect for perpetrators.
Financial Services Authority Intervention as an Effort to Protect Bondholders in Corporations Declared Bankrupt by Commercial Court Happy Permata Sari; Joni Emirzon; Saleh, Putu Samawati
JUSTISI Vol. 11 No. 1 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i1.3733

Abstract

This article discusses the fulfillment of rights for corporate bondholders declared bankrupt by the Commercial Court. No regulation can provide a comprehensive and integrated benchmark to ensure the protection of the rights of bondholder creditors, making this article important to discuss. This research aims to analyze the status of corporate bondholders declared bankrupt by the Commercial Court as creditors in the liquidation process, evaluate the forms of legal protection applied during the process, and assess the future application of the law in providing certainty of protection for bondholders.  This research used normative legal research with statutory, historical, and futuristic approaches. The discussion results are carried out using an analysis perspective emphasizing deductive conclusions. Although corporate bondholders declared bankrupt by the Commercial Court have rights as creditors in the bankruptcy process, the legal protection is still ineffective. A regulatory gap results in uncertainty when implementing protection for bondholders. Revision of the Bankruptcy Law by including regulations regarding bondholders' creditors will provide certainty for the protection of creditors' rights, which can be derived in the Financial Services Authority (OJK) Regulation by enforcing supervision in the bankruptcy process in order to protect the interests of bondholders and ensure the stability of the economic development. 
EKSISTENSI KEBERADAAN SANKSI UU TPKS MEMBERIKAN PERLINDUNGAN BAGI KORBAN PELECEHAN SEKSUAL DIINDONESIA Fajar Yaskur; Ifahda Pratama Hapsari
JUSTISI Vol. 11 No. 1 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i1.3748

Abstract

This study aims to determine the existence of the sanctions of the sexual violence crime act called (TPKS) in various ways to provide preventive and repressive legal protection for victims of sexual violence. They are compiled using the normative method, which includes the study of laws and regulations, legal theories, opinions of experts, and other legal materials. Sexual harassment is an act that has a severe impact on victims, and the existence of the TPKS Law Number 12 of 2022 in Indonesia was formed as a legal umbrella effort and as an effort to renew punitive sanctions to follow up firmly on perpetrators of sexual harassment. The Criminal Code that has been amended and regulated in the Criminal Code Number 1 of 2023, which is explained in Chapter XV concerning criminal acts of decency, mainly regulated in articles 414 to 423 of the Criminal Code, has also not been able to provide complete legal protection for victims of sexual harassment. The Criminal Code also does not mention explicitly or explicitly the problem of sexual abuse. The result of this research is to provide explanation and legal protection for victims who are mentally disturbed due to the impact of sexual harassment and can provide punishment for perpetrators regardless of their status to create a deterrent effect for the perpetrators.
Administrative Criminal Reform in Providing Accountability for Skincare Actors Who Have Not Registered with BPOM Putri, Aulia; Ifahda Pratama Hapsari
JUSTISI Vol. 11 No. 1 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i1.3751

Abstract

The study aimed to analyze which problem from skincare products none approval from Indonesian Food and Drug Administration (BPOM) This is serious problem the affects public health and damages consumer trust. This study examines the legal issues and fraud risks for those running illegal skincare businesses. Based on Article 36 of the 2009 Health Law, namely Article 106 and Article 197, business owners who operate products without BPOM approval can face administrative for penal sanctions. According to the principle of strict liability, business owners must ensure the safety of their products from the beginning to the end of the production process. If consumers suffer losses as a result of undelivered products, manufacturers or distributors can be asked to provide compensation. In addition, this study highlights the role of BPOM in legal compliance and law enforcement, as well as the importance of public awareness to prevent discrimination. Methods used in this study isnormative legal research. The research aims to scientifically explain how two legal principles, strict liability and vicarious liability, are applied in the legal context involving the sale of illegal cosmetic products. Describe the difference between strict liability, which does not require proof of malicious intent, and vicarious liability, which involves the responsibility of another party through a legal relationship. Highlight how the law in Indonesia, especially in health laws and BPOM regulations, enforces legal responsibility against business actors who sell illegal cosmetics. Emphasize the importance consumer protection and liability of producers and distributors for their products sell, both through criminal and administrative channels.
Analysis of the Implementation of the Legalization of Customary Law Communities (MHA) in North Lombok Regency Jemarut, Wihelmus; Dwi Ratna Kamala Sari Lukman; Ni Nyoman Ernita Ratnadewi; Ni Wayan Sridiani
JUSTISI Vol. 11 No. 1 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i1.3817

Abstract

This study aims to analyze the implementation of Customary Law Communities (MHA) determination in North Lombok Regency (KLU), focusing on government actions, community responses, and encountered obstacles. This research employs an empirical legal research method. It was conducted from May to September 2024 through observation, interviews, and a literature review. Informants were selected using a purposive sampling technique. The study results show that determining MHA in KLU has only been completed at the Identification stage. The KLU MHA Identification Team identifies 13 (thirteen) Customary Law Communities (MHA): Bayan, Pansor, Salut, Wet Pengorong Amor-Amor, Wet Sesait, Kuripan, Pemaru Satan, Gubuk Bebekeq, Leong, Meleko, Orong Empak Pansan, Wet Sokong, and Jeliman Ireng. The thirteen aforementioned communities follow the criteria outlined in Article 6, Paragraph (6) of the North Lombok Regency Regional Regulation (PERDA KLU)  No. 6 of 2020. The biggest obstacle in this process is the unavailability of technical guidance and the absence of definite work targets from the local government. The recommendation from the results of this study is that the KLU Regent who will be elected for the 2024-2029 period needs to include the MHA determination program in the KLU Regional Medium-Term Development Plan (RPJMD). Incorporating this program into the Regional Medium-Term Development Plan (RPJMD) document will ensure structured budgeting, develop technical guidelines, and  measurable targets for effective implementation.
Land Acquisition for the Eviction of Uncertified Residents Houses for the Widening of Manyar Highway Maulidya Diegha Widyasari; Hardian Iskandar
JUSTISI Vol. 11 No. 1 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i1.3845

Abstract

This study aims to analyze land acquisition on uncertified land objects and eviction of residents' houses on Jalan Raya Manyar, Gresik Regency for a highway widening project. The main findings show that the majority of affected residents live on uncertified land (customary land or girik), so the land acquisition process faces obstacles to legality and determining fair compensation. Normative analysis based on Law No. 2/2012 on Land Acquisition for Public Road Purposes shows that the government is obliged to provide compensation to residents, even if the land is not certified. However, findings in the field reveal a lack of transparency, lack of socialization, and asset valuation that does not involve independent parties, triggering social conflicts and lawsuits from residents. The implications of this research include the need to accelerate land certification through programs such as PTSL, the implementation of inclusive socialization, and the appointment of an independent appraisal team to ensure objective compensation. In addition, the establishment of a mediation mechanism involving the government, residents and third parties can reduce resistance and improve the effectiveness of infrastructure projects. This research makes an important contribution to the formulation of more humane, equitable, and sustainable land acquisition policies.
The Lawfulness of Using Copyrighted Works for Generative AI Training : A Case Study of a US Lawsuit against OpenAI and Perplexity AI Ismantara, Stefany; Silalahi, Wilma
JUSTISI Vol. 11 No. 1 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i1.3871

Abstract

Copyright protection in Indonesia is governed by Law No. 28 of 2014 (Law 28/2014), encompassing moral and economic rights. This law imposes limitations on the use of works for education, law enforcement, or technological development as long as such use does not harm the legitimate interests of the rightholder. The development of generative AI (GAI) poses challenges in determining the legality of using copyrighted works for GAI training. This study examines copyright regulations concerning GAI through normative, conceptual, and comparative legal approaches, including case studies on lawsuits against OpenAI and Perplexity AI. The findings indicate that the legality of using copyrighted works depends on the data input process and output (responses). Data scraping is considered an economic right of the rightholder, classified as reproduction under Article 9 of Law 28/2014. If such acts are conducted without the rightholder’s consent and for commercial purposes, they are deemed unlawful under Indonesia’s current copyright law. GAI outputs may also infringe copyright if: (1) the source is not cited, violating Article 7 on copyright management information; (2) substantial portions of the work are reproduced, violating the rightholder's economic rights under Article 9; or (3) the work is distorted in a way that harms the rightholder’s honor, infringing on moral rights under Article 5. To accommodate AI development, specific regulations integrating AI transparency principles outlined in SE Kominfo 9/2023 are required. These regulations could include obligations for AI companies to release summaries of training datasets, include Uni EropaLAs that define the responsibilities of AI developers and users, and provide disclaimers regarding AI's limitations. Regarding the fulfillment of rightholders’ economic rights, a non-exclusive blanket license through Collective Management Organizations (CMOs) as stipulated in Permenkumham 15/2024 is necessary. These regulations should be synchronized with related policies to establish legal certainty that adapts to technological advancements.
Mediation as an Alternative to Legal Dispute Resolution in Health Services in Hospitals Perangin-Angin, Thimothy Aryadi; Lamria Sintia Silaban; Sonya Airini Batubara; Jusnizar Sinaga
JUSTISI Vol. 11 No. 1 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i1.3898

Abstract

This research aims to analyze the role of mediation as a method of medical dispute resolution in Indonesia, which is seen as more effective, fair, and cost-effective than the litigation process. This research uses a normative legal method with a descriptive-analytical approach to identify legal principles, doctrines, and regulations related to medical dispute resolution. The main focus is dispute resolution through mediation in medical malpractice cases, which involves civil, criminal, and restorative justice aspects. The novelty of this research lies in the in-depth exploration of penal mediation as an approach in resolving criminal disputes related to medical malpractice, even though it does not yet have a strong legal foundation in the Indonesian criminal justice system. The results show that mediation, both in the civil and criminal realms, can provide a more humane and satisfying solution for all parties involved. However, the implementation of penal mediation still faces legal and practical challenges, especially in providing protection of patients' rights and ensuring justice for medical personnel.In conclusion, mediation has great potential in resolving medical disputes in Indonesia, but more specific regulations are needed to optimize its implementation, especially in criminal cases. As such, this study makes an important contribution to the development of a better medical dispute resolution mechanism in Indonesia.
Settlement of Juvenile Offenses in Klitih Cases Through Restorative Justice Muhammad Satriyo Pramudita; Aidul Fitriciada Azhari
JUSTISI Vol. 11 No. 1 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i1.3795

Abstract

Klitih is a form of street violence committed by teenagers in Yogyakarta and is a serious concern. This research aims to analyze the application of restorative justice in the settlement of juvenile crime in klitih cases. The research approach used is normative juridical and empirical juridical, with primary data in the form of interviews and observations, as well as secondary data which includes legal documents and case reports. The results showed that the application of restorative justice can provide rehabilitation for the perpetrator and facilitate social reintegration, while restoring the victim's condition through the mediation and negotiation process. This process increases the offender's understanding of the impact of their actions, fosters responsibility, and builds empathy. However, the implementation of restorative justice faces obstacles, such as limited resources, community stigma towards offenders, and law enforcement skepticism towards the effectiveness of this method compared to the conventional punishment system. This research offers a new contribution by highlighting the unique sociocultural dynamics of Yogyakarta that influence the effectiveness of restorative justice in klitih cases. In addition, it provides policy recommendations, including community involvement in community-based programs and culturally sensitive training for facilitators. The conclusion of this study confirms that restorative justice has significant potential to effectively address juvenile delinquency, provided it is supported by training, adequate facilities, legal reforms, and strategies that are adaptive to the social and cultural context.
Policy Transformation and Law Enforcement in Natural Resources Management: Case Study of Excavation C in Sorong City Hermanus Way; Hadi Tuasikal; Muh Akhdharisa SJ
JUSTISI Vol. 11 No. 1 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i1.3385

Abstract

This study aims to analyze law enforcement against illegal C excavation mining in Sorong City and identify obstacles during the law enforcement process. The method used is an empirical juridical approach with descriptive analysis. The data sources used primary data obtained through observation, interviews, and document studies, as well as secondary data, which includes primary, secondary, and tertiary legal materials. This study was conducted in the jurisdiction of Southwest Papua, especially Sorong City, using descriptive qualitative analysis. The results show that law enforcement against illegal C excavation mining in Sorong City still faces many obstacles from the local community's regulatory and socio-economic factors. Although there are regulations governing mining, many mining activities occur without official permits, which causes environmental damage. The main barriers are the lack of community legal awareness, weak coordination between related department, and delays in issuing permits that cause illegal mining activities. In addition, this mining activity is often the primary source of income for the community, so strict law enforcement risks increasing poverty and unemployment. In short, law enforcement against illegal C-excavation mining in Sorong City is still not optimal despite regulations. This study provided a new contribution with a participatory approach between the community, government, and industry person to find a balanced solution between environmental sustainability and community economic welfare. Effective law enforcement must be accompanied by community empowerment and better coordination between relevant departments.

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