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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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Efforts to Withdraw Inheritance Assets Controlled by One of the Heirs Dewanto Satrio Prakoso; Arauna, El-Roi; Tri Budhayati, Christiana
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.v11i2.4201

Abstract

This study aims to explain the efforts that can be used by aggrieved heirs to withdraw the inheritance property controlled by one of the heirs due to a will made under duress. The research method used is normative legal research using the statutory approach method and conceptual approach method. Novelty in this research is to provide the most appropriate effort in withdrawing inherited property controlled by one of the heirs, this novelty includes important elements that will contribute to science, especially in the field of inheritance law. Meanwhile, people only withdraw inherited property using the inheritance law approach. The research shows that there are various efforts to withdraw the inheritance controlled by another heir such as the Right of Hereditatis Petitio, the right to demand the distribution of inheritance, and unlawful acts. The author concludes, taking into account the advantages and disadvantages of each of these efforts, that the effort through the right of hereditatis petitio is the most appropriate effort to withdraw inherited property controlled by one of the heirs.
Criminal Policy on Countering Organized Crime Against Land Ownership in the Perspective of Criminal Law Reform Darmawan, Yuda Pratama; Suetani, Lies; Pujiwati, Yani
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.v11i2.3902

Abstract

This research aims to analyze the countermeasures of organized criminal acts related to land ownership in Indonesia and analyze criminal policies to overcome these criminal acts in the future from the perspective of criminal law reform. The method used is a normative juridical method, which examines library materials and secondary data related to legislation and literature relevant to the problem under study. The novelty of this research lies in the clarity of the function of the Land Mafia Task Force attached to each institution, which aims to avoid sectoral ego. The results show that the settlement of land mafia cases is carried out using penal and non-penal approaches. The penal settlement serves as a catalyst for strict law enforcement, while the non-penal approach focuses on preventive efforts. Although countermeasures against organized crime have been implemented by involving Law Enforcement Officials and the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency through the Anti Land Mafia Task Force, this organized crime is still challenging to solve because it is carried out in a structured and organized manner. The conclusion of this research is that legal reform is needed to tackle this problem, which has the potential to cause huge losses and many victims. The suggested legal reform is to prioritize non-penal policies that are sustainable through cooperation between relevant stakeholders. Thus, overcoming organized crime against land ownership can be done thoroughly, starting from prevention through public education and prosecution of perpetrators to recovery of losses for victims and closing the space for new, more varied crimes.
Legal Positivism Influence on Law Enforcement and Judicial Practice in Indonesia Kamil, Renita
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.v11i2.4049

Abstract

The study aims to examine the influence of legal positivism on law enforcement and judicial practices in Indonesia, particularly in the context of its limitations in realizing substantive justice. The main focus is on the issues of customary land rights, human rights enforcement, and corruption eradication. This method is a normative qualitative approach combining doctrinal analysis and comparative law. Data was collected through a literature study of relevant laws and regulations, court decisions, and academic literature. This method is used to explore and interpret the principles of legal positivism and its influence on the Indonesian legal system, without involving empirical data collection. The novelty of this study lies in its interdisciplinary approach that integrates classical legal positivism theory with contemporary challenges faced by Indonesia's pluralistic legal system. The research introduces the concept of “inclusivity positivism” which suggests that the legal system can retain a formal normative structure, yet still be accommodating to principles of substantive justice, constitutional values, and international human rights norms. The results show that the rigid application of legal positivism often hinders the achievement of social justice. In cases such as customary land rights and corruption eradication, courts tend to prioritize written regulations even when they contradict social realities and constitutional values. The findings also show that although the Constitutional Court has tried to balance with constitutional principles, implementation at the general court level is still limited due to the highly formalist legal culture. This study concludes that legal reform is needed that balances legal certainty and substantive justice. This can be achieved through updating laws in line with human rights principles, training judges in progressive constitutional approaches, and increasing the role of oversight institutions such as Komnas HAM. Thus, legal positivism in Indonesia does not need to be abandoned, but needs to be developed to be more responsive to the demands of justice in a pluralistic society.
Application of Employment Agreements as a Legal Remedy to Protect The Rights and Obligations of Contract Workers Siregar, Dahris
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.v11i2.4127

Abstract

The study aims provide an explanation and comparison of the legal aspects of Law Number 13 of 2003, which regulates the rights and responsibilities of workers who have contract status. This research method uses normative juridical law, so the focus of the research is processing legal documents and collecting and analyzing current legal elements based on secondary data sources. Novelty the legalization of the Manpower Law Number 13 of 2023, the status of contract worker or PKWT has sparked debates and demonstrations. This research provides an overview of each issue addressed at the base, unit, or company level in a bipartite cooperation organization. The problem will be resolved in the industrial relations court to provide the right result for the parties. The existence of a business contract is made in written form, making it a valid and legally binding written agreement for the parties. The study results emphasizing the need for a balance between workers' duties and rights, the mechanism for resolving industrial relations disorders as stipulated in Law Number 2 of 2004 through negotiations, conciliation, arbitration, and Industrial Relations Courts, as well as legal certainty and protection of human rights in employment contracts. Conclusion workers are required to comply with the company's regulations, be willing to change positions, maintain and maintain the confidentiality of the position, and comply with the Company's working hours regulations. If there is a dispute between workers and employers, the settlement must follow the provisions of the collective bargaining agreement. The problem is resolved through a bipartite cooperation institution, both at the base, unit, and company levels, and if the solution has been taken but does not give satisfactory results, then the problem will be resolved through the Industrial Relations Court.
Legal Aspects of Joint Account Contracts from a Civil Law Perspective Syafira Nurrin Qolbisyah; Hardian Iskandar
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.v11i2.4213

Abstract

This study aims to analyze the legal validity of agreements and the liability of rekber service providers to their consumers. The research method used is normative juridical with a descriptive analytical approach to the applicable legal regulations related to sales transactions using rekber, supplemented with a limited empirical approach. In the Joint Account system, buyers are required to transfer funds, which is considered as acceptance of the applicable terms and conditions. Violation of these terms results in the forfeiture of the fees that have been paid. Novelty of this study lies in the agreement of sale and purchase and the use of a Joint Account system as a third party. The results of the study indicate that agreements in Joint Account transactions have binding force as contracts between sellers and buyers. However, there is the potential for legal cancellation of the agreement if the terms and conditions are considered unfair, non-transparent, or detrimental to consumers. Conclusion This study identifies that agreements in sales transactions using Joint Account systems such as Shopee are considered valid if they comply with the provisions of the Civil Code and there are two alternative dispute resolution methods in the event of breach of contract or fraud, namely non-litigation efforts through mediation and negotiation or with the assistance of a third party, or litigation through the court system.
Implementation of the Land Swap Agreement (Ruislag) for Waqf Land for the Construction of a Toll Road Umi Masnur Adniyah
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.v11i2.4224

Abstract

This study aims to determine the process of implementing land swap agreements for waqf land used for toll road construction and to analyze the government's responsibilities in the implementation of the swap. The research method used is empirical juridical, interviewing directly the land owners, Nazhir, and the Office of Religious Affairs. The novelty of this study is the swap of waqf land to be built as public facilities in the form of a toll road with the assistance of Nazhir and the Office of Religious Affairs. The novelty of this research lies in the application of information technology and digital management systems to accelerate and simplify the ruislag (land exchange) procedure for waqf land. This may involve the use of digital platforms that enable more transparent and efficient monitoring processes and facilitate better communication between relevant parties such as the nazhir, the Ministry of Religious Affairs, the Indonesian Waqf Board (BWI), and the land office. The results of this study indicate that the implementation of the land exchange agreement for endowed land is carried out by the Nazhir, the District Religious Affairs Office (KUA), and the local District Land Office. The exchange process involves replacing the endowed land with land of equal or higher value. The conclusion drawn is that when the exchange is carried out, the Nazhir, as the administrator, must be transparent and prepare all necessary documents with the assistance of IWN to measure the evaluation instruments developed to assess the performance of waqf management at the national level, from waqf management, regulations, institutions, processes, systems, to results and impacts. while the guidelines used are Law Number 41 of 2004 on Endowment and Law Number 2 of 2012 on Land Acquisition for Public Interest Development.
Legal Analysis of Domestic Violence Based on the Mazhab Syafi’i and Indonesian Positive Law Muhammad Riezky Pradana Mukhtar; AlMubarok, Misbakhul Munir; Budiman Mustofa
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.v11i2.4248

Abstract

This research aims to examine how standards for handling domestic violence can be formed by considering the views of the Shafi'i Mazhab and positive law in Indonesia. The method of research used is normative legal research using the statutory approach method and conceptual approach method. The novelty in this research compared to previous research lies in the dual approach used in analyzing cases of domestic violence, namely through the perspective of the Shafi'i Mazhab and Indonesian positive law. The results show that both Indonesian positive law and the Shafi'i Mazhab consider domestic violence as an act that is contrary to the principles of justice and welfare in the family. However, there are differences in their perspective and legal implementation. The conclusion in Syafi'i's view, domestic violence is associated with the concept of nusyûz, which allows husbands to discipline their wives within strict limits, but this approach is no longer considered relevant in the modern era that rejects all forms of physical violence. Meanwhile, Law No. 23/2004 on the Elimination of Domestic Violence provides comprehensive protection against various forms of domestic violence, although it still faces implementation challenges such as weak law enforcement, patriarchal culture, and social stigma. Therefore, a renewal of the understanding of Islamic law is needed.
The Compensation for Victims of Wrongful Shooting through Pretrial and Alternative Solutions in Indonesia Shihaf Ismi Salman Najib; Geofani Lingga Meryadinata
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.v11i2.4265

Abstract

This study aims to analyze the mechanism for filing and providing compensation for victims of wrongful shootings in pretrial according to criminal procedure law in Indonesia and explore alternative solutions for victims who do not get the proper compensation. The study method used is normative juridical, emphasizing a prescriptive nature because it solves society's legal problems. It is based on literature studies on primary legal materials such as laws, regulations, and court decisions and secondary legal materials such as journals and legal literature. The novelty of the study lies in the discussion of compensation mechanisms for victims of wrongful shootings and alternative solutions that have not been the primary focus in previous studies. This study explored the effectiveness of pretrial procedures as a solution for victims of wrongful shootings by law enforcement officers, as well as analyzed existing legal mechanisms to identify and propose improvements to prevent similar incidents in the future. The results show that victims of misfire can be compensated through the pretrial petition mechanism stipulated in KUHAP, Government Regulation No. 92/2015, and Ministry of Finance Decree No. 983/KMK.01/1983. However, the existing provisions still restrict the amount of compensation, which is often disproportionate to the victim's losses. Thus, alternative solutions that can be pursued include: (1) non-litigation settlement of cases through negotiation or mediation, (2) taking the criminal route by filing a lawsuit for deprivation of liberty and requesting compensation, and (3) filing a civil lawsuit based on unlawful acts (tort lawsuit). This study concludes that the government needs to revise Government Regulation No. 92/2015 by removing the minimum and maximum compensation limits. The amount of compensation should be determined by the District Court Judge, considering the level of loss suffered by the victim. Thus, justice for victims of wrongful shootings can be realized more optimally.
Legal Protection for Users of Crypto Assets in Futures Exchange Transactions Fidel, Yohanes; Lastuti Abubakar; Ema Rahmawati
JUSTISI Vol. 11 No. 3 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i3.3913

Abstract

This study aims to understand the form and effectiveness of legal protection for consumers of crypto assets before and after the enactment of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (PPSK Law) and Financial Services Authority Regulations (POJK) Number 27 of 2024 and POJK Number 3 of 2024. The method used is normative legal research with a legislative approach and qualitative descriptive analysis techniques. This approach was chosen to explore the substance of legal norms and assess the practical implications of regulatory changes on the rights of consumers who use crypto assets. The novelty of this research lies in its critical analysis of the changes in the supervisory regime from the perspective of legal protection for digital asset consumers, which has not been comprehensively discussed before. This research is relevant amid the dynamic development of the rapidly evolving and complex digital financial sector, particularly following the enactment of the PPSK Law and the OJK's derivative regulations. The results of the study indicate that prior to the implementation of the latest regulations, legal protection for consumers of crypto assets was minimal and sectoral in nature, with a focus on commodity aspects by BAPPEBTI. This resulted in weak protection against risks such as value fluctuations, fraud, and threats to digital transaction security. However, after being transferred to the OJK, the protection approach became more integrated through the regulation of business licenses, clearing systems, digital asset storage governance, and more adequate dispute resolution mechanisms. In conclusion, the transfer of regulatory authority to the OJK significantly strengthens legal protection for cryptocurrency consumers in Indonesia. The new regulations enhance legal certainty and increase user confidence, while also fostering the development of a more transparent, accountable, and consumer-oriented digital asset ecosystem.
Guaranteed Wages and Social Security for Daily Workers at PTP Nusantara XIV Awaya Arter Lukas Tulia
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.v11i2.4089

Abstract

The study aims to discuss the protection and fulfillment of the rights of casual workers at PTP Nusantara XIV Awaya. This study focuses on the regulation and implementation of wage guarantees and social security programs for casual workers at PTP Nusantara XIV Awaya. The research method applied in this study is normative legal analysis, which includes an analysis of secondary data and the use of interviews with respondents or informants as primary data. The novelty of this research lies in its focus on the rights of daily workers at PTP Nusantara XIV Awaya, which are not explicitly regulated in employment agreements. This irregularity creates legal uncertainty that directly impacts the company's fulfillment of workers' rights. The results of the study show that casual daily workers at PTP Nusantara XIV Awaya do not receive adequate legal protection and certainty regarding their rights to wages and social security. These findings are based on interviews with respondents and an analysis of the applicable piecework employment agreements. The employment contract does not clearly stipulate the amount of wages, potentially leading to legal uncertainty in the implementation of workers' rights. Additionally, the company is obligated to fulfill workers' social security rights in accordance with applicable laws and regulations. However, in practice, PTP Nusantara XIV Awaya fails to fulfill this obligation for daily casual workers. The study concluded that daily workers at PTP Nusantara XIV Awaya, based on interviews with one of the daily workers, a foreman, and members of the company's legal team, do not receive social security programs such as BPJS Ketenagakerjaan. In addition, wage rates are not specifically regulated in the work agreement. However, these workers' rights are regulated and mandated by Government Regulation No. 35 of 2021 on social security and labor.

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