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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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Criminal Fines Issuing Tax Invoices Not Based on Actual Transactions with More than One Perpetrator Sautma, Anggiat; suseno, Sigid Suseno; cahyadini, Amelia Cahyadini
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.v11i1.3849

Abstract

Criminal fines in the case of issuance of tax invoices that are not based on actual transactions (TBTS) aim to recover losses of state revenue, but in the event that there is more than one perpetrator, the fines applied cannot be applied equally to each perpetrator because the fines applied become multiple. This writing is prepared to analyze the application of criminal fines for the issuance of TBTS tax invoices involving more than one perpetrator in the perspective of legal objectives. The research method used is normative legal research with a case study approach and a conceptual approach using the reference of Development Law Theory. This research is a new contribution to legal development in the application of criminal fines in the criminal offense of issuing TBTS tax invoices with more than one perpetrator. This writing concludes that the application of criminal fines in the case of issuance of TBTS tax invoices with more than one perpetrator is carried out proportionally and objectively according to the benefits or benefits obtained by each perpetrator in order to fulfill the principles of legal certainty, justice and expediency. The absence of rules regarding the mechanism for the application of criminal fines for the issuance of TBTS tax invoices with more than one perpetrator is an obstacle to efforts to apply criminal fines as a recovery for losses of state revenue.
The Future of MSMEs in Indonesia: Policy Directions for National Legal Formation in Supporting MSMEs Growth Hidayat, Agi Attaubah; Ikhsan, Fachrial; Hafid, Numan Sofari; Rosidin, Utang; Permana, Ardian Agus
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.v11i1.3876

Abstract

This research explores the national legal formation policies that support the development of Micro, Small, and Medium Enterprises (MSMEs) in Indonesia, emphasizing their role as critical drivers of economic growth. Using a normative juridical method, the study evaluates recent regulatory reforms, such as the introduction of the Business Identification Number (NIB) and incentives for MSME partnerships. These initiatives simplify business formalization and enhance MSME competitiveness. The study applies Inclusive Growth Theory and Economic Analysis of Law (EAL) to propose policy directions that ensure equitable access to resources, digital transformation, and efficient regulatory environments. Recommendations highlight the need for adaptive and collaborative legal frameworks to strengthen MSMEs as pillars of inclusive and sustainable economic growth.
Islamic Law Approach to Mitigate the Impact of Early Marriage: A Case Study in Sapeken district, Sumenep, Madura Al Manar, Irwansyah; Thabrani, Abdul Mukhti; Zahroh, Fathimatuz
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.v11i1.3883

Abstract

The study analyzed the impact of early marriage in Sapeken district, Sumenep, Madura, from the perspective of Islamic law, with a special emphasis on reproductive health, education, and the well-being of young women. This study investigates the social, cultural, and religious factors that drive the practice of early marriage as well as its negative effects. This research was conducted using a qualitative case study method. The results of the study showed that early marriage worsened physical and mental health, limited educational and employment opportunities, and increased women's economic dependence. Reproductive health education, premarital counselling, and economic empowerment programs are suggestions to address this problem. Following the principles of Maqasid Sharia which emphasizes the protection of individual life and welfare, religious leaders and community leaders have an important role in educating the public about the importance of physical and mental readiness before marriage. This method is expected to change the perspective of society and reduce the prevalence of early marriage. In addition, the study provides policy advice based on Islamic law that can improve the welfare of young women through the incorporation of social, educational, and health reforms in the island community
Analysis the Implementation Ministry of Transportation Decree Number KM 65 of 2009 in Shipping Crimes Ardiansyah, Yusuf Amir; Umlati, Dandi; Yasdin, Ewi; Faisal, Muhammad; Hasibuan, Amirul Adli Habib
JUSTISI Vol. 11 No. 2 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i2.3901

Abstract

The study aims to analyze the effectiveness of the implementation of the Decree of the Minister of Transportation Number KM 65 of 2009 concerning the Standard of Non-Convention Vessels (Non Convention Vessel Standard) Flagged by Indonesia in a criminal act of shipping in Sorong Waters. The author uses a normative legal approach with a descriptive analysis method. The descriptive analysis method is an analysis method that focuses on case problems, then linked to existing legal principles and conclusions are drawn from the analysis. The data collection technique uses a secondary data collection method consisting of primary legal materials in the form of legal regulations or the results of judges' decisions that have been final and binding, and secondary legal materials in the form of scientific research journals compiled by legal experts. In this study, the author found that there had been a waiver of the KM 65 of 2009 regulation by the judge in a case of a criminal act of shipping violation with Decision number: 267 / Pid.B / 2023 / PN Son. In this mn case, the judge made a mistake by not conducting a thorough examination. The judge's mastery of shipping regulations is considered very weak. The judge has the authority to ask the public prosecutor to present an expert, namely the Harbor Master, to request expert information and also clarification on the Sailing Approval Letter that has been issued by him. There are quite a lot of shipping regulations so that the presence of an expert is needed to provide input to the judge on the technical regulations of the ship. Law enforcers in Indonesia are accustomed to focusing their views on a regulation at the level of the Law which already contains sanctions and types of violations. Therefore, the author is of the opinion that the regulation KM 65 of 2009 concerning the Indonesian-flagged Non-Convention Vessel Standard must be formed at the level of the Law and the presence of an expert in the legal field is needed to explain clear legal regulations so as to minimize the judge's error in a regulation. These two things must be done so that the case of ignoring the regulation KM 65 of 2009 does not happen again, and the economic activities of shipping are not disrupted due to incorrect law enforcement.
Legality Analysis of Baros Mangrove Area Designation with the Status of Essential Ecosystem Area on Sultan Ground Land Imam Amalda Rizki Harahap; Sunarya Raharja
JUSTISI Vol. 11 No. 2 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i2.3960

Abstract

This study aims to answer the question of why Baros mangrove forest area does not yet have legal legality and the opportunities for this area to be used as an essential ecosystem area, Kawasan Ekosistem Esensial (KEE). This study used empirical normative research to integrate normative legal aspects at the level of theories, rules, and legal principles and empirical legal aspects, namely the application of law in social reality in society. The qualitative approach method is obtained from interviews, observations, recordings, and others. The novelty of this study is related to the study object and the procedure for the designation of the candidate for the Baros mangrove KEE, which is different from the previous KEE designation, which was only based on national law. At the same time, the KEE designation in D.I Yogyakarta uses two legalities. They are a KEE Decree Letter (National Law) and a Certificate of Land Rights on Sultanate land (Privilege Law). The study results found that there is already a wetland KEE management forum in the Special Region of Yogyakarta Province, which is contained in the Decree of the Governor of the  Special Region of Yogyakarta Number 111/Kep/2022. Concluded that efforts to determine the Baros KEE mangrove forest area have great opportunities.
The Application of Penal Mediation in Handling Minor Criminal Offenses Regulated by Regional Regulations Fandri Rachmanto
JUSTISI Vol. 11 No. 2 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i2.3961

Abstract

This study aims evaluates the effectiveness of penal mediation in resolving minor offenses under Regional Regulations (Perda) in Indonesia, focusing on reducing court caseloads and aligning with national and local legal frameworks. This study A normative legal research method was used, analyzing primary legal materials, such as laws and judicial decisions, supplemented by secondary sources, including case studies. A comparative analysis was conducted with New Zealand’s restorative justice system. Novelty The research highlights the integration of penal mediation within Perda as a tailored approach for minor offenses. It identifies challenges such as regional disparities, limited mediator availability, and insufficient public awareness, offering strategic recommendations. Findings Penal mediation effectively resolves minor offenses by emphasizing dialogue and accountability. However, inconsistent mediator training and lack of institutional support remain key challenges. Conclusion Penal mediation is an effective alternative for minor offenses under Perda. Its success depends on public awareness, standardized training, and institutional support. Lessons from international best practices can help optimize its implementation.
Human Rights Enforcement in Indonesia towards the Implementation of Pancasila Values Yustitianingtyas, Levina; Irawan, Anang Dony; Dedy Stansyah
JUSTISI Vol. 11 No. 2 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i2.3079

Abstract

The study aims to determine the extent of the Indonesian Government's efforts to provide protection of Human Rights (HAM) in order to remain firmly adhered to the values of Pancasila. This research method is normative juridical, with a statutory approach using data analysis techniques and processing the results of primary material collection and secondary material collection. Novelty of this research provides a more comprehensive view of efforts to restore and improve human rights enforcement in post-New Order Indonesia, especially in the face of human rights violations that remain unresolved, such as the Tanjung Priok, Aceh, Semanggi, East Timor and Papua cases. This study also offers a solution based on Pancasila values as the basis for making legal policies, which have not been thoroughly applied by the government in law enforcement practices in Indonesia. The study results show that human rights enforcement in Indonesia is still far from the true meaning of justice, because it is still influenced by the interests of the authorities, law enforcement officials, and so on. Included in the enforcement of human rights is also still very far away from the values of Pancasila. Conclusion of this paper is that all formulations and policies of the State must be guided by the values of Pancasila, especially in the enforcement of human rights in Indonesia, although many cases that occur in law enforcement do not reflect Pancasila as the identity of the nation.
Legal Review of Consumer Rights in Product Sales Through the Bundling System Rohaedi, Rosalia Alima Utami; Susilowati Suparto; Elisatris Gultom
JUSTISI Vol. 11 No. 2 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i2.3952

Abstract

The study aims to determine consumer rights in product sales through an adverse bundling system and dispute resolution efforts to maintain rights. The focus of the problem is the fulfillment of consumer rights and their resolution, both in court and out of court. The method of research used by the author is normative juridical, which examines theories, concepts, legal principles, and laws and regulations related to the research topic. Novelty of this research is the gap in the implementation of product sales strategies carried out by business actors with the GCPL Law in implementing a bundling system that forces consumers to buy products in packages. This emphasizes empowering weak consumers in the face of adverse conditions. Often the product sales strategies found can benefit consumers in shopping, thus making this research different from previous studies. The results showed that according to the GCPL, business actors should not force consumers to buy products with a bundling system, because it can reduce consumer comfort when shopping. In implementing the bundling system, it is natural to pay attention to the GCPL so as not to cause harm to consumers. Consumers also have the right to security, honest information about product conditions, and the right to choose goods according to the exchange rate stated in the GCPL Law. Conclusion, consumer protection can be carried out through LPKSM supervision seen from the obedience of business actors as prevention. Legal efforts that can be taken by consumers include peaceful settlement, BPSK, or court through a tort lawsuit.
The Role of the Government Regarding Land Rights of Residents Affected by Abrasion Ahmad Hadzikil Fahimi
JUSTISI Vol. 11 No. 2 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i2.4026

Abstract

This study aims to see that from the abrasion disaster, many residents have lost their land rights. In this case, the government must protect the rights of residents affected by the abrasion disaster. The research method used is an empirical juridical approach to the method of legislation. Novelty of the research is that the loss of land rights of residents affected by abrasion can be done through land registration so that their land rights can be protected by the government. Land registration is carried out to protect the rights of citizens with land registration the government can follow up the process of protecting land rights. The result of the research the government has tried to protect their rights by providing aid funds to its citizens, but there has been no announcement for citizens in the registration of land affected by abrasion. Conclusion in Land Regulation No. 24 of 1997, the legal status is considered invalid because it is not in line with the physical data or legal data that is used as strong evidence and the Jembrana Regency Government has made efforts to prevent the occurrence of abrasion disasters by banning beach sand mining and the manufacture of concrete to break sea waves.
Implementation of the Principle of Equality Before the Law in the Dynamics of Indonesian Law Salomo Jitmau; Naim, Sokhib; Muh Akhdharisa SJ
JUSTISI Vol. 11 No. 2 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i2.4088

Abstract

This study aims to analyze the principle of equality before the law in Indonesian positive law and how this principle is understood and applied in practice. The research method used is normative legal research with a sociological jurisprudence approach to describe the gap between law in books and law in action. Data sources were obtained through document studies, including books, journals, and relevant laws and regulations, with qualitative analysis of the deductive model. Novelty of this research is in the form of a legal perspective in understanding and evaluating the implementation of the principle of equality before the law in Indonesia. The results of the study show that the principle of equality before the law has been guaranteed in Article 27 paragraph (1) and Article 28D paragraph (1) of the 1945 Constitution, as well as in a number of other legal regulations such as the Criminal Code (KUHP) and Law Number 48 of 2009 concerning Judicial Power. However, in practice, the implementation of this principle still faces various challenges, including discrimination, abuse of power, and inequality in law enforcement. This study also found a gap between written regulations and implementation in the field, resulting in legal injustice against certain groups. In conclusion, although the principle of equality before the law has become an integral part of the Indonesian legal system, its implementation is still far from ideal. Improvements are needed in the legislative system, law enforcement oversight, and increased public awareness to achieve equal justice under the law. This study provides recommendations for the government and law enforcement officials to be more consistent in implementing the principle of equality before the law, taking into account the moral values of Pancasila as the philosophical foundation of the state.

Page 22 of 28 | Total Record : 273

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