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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 260 Documents
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Role of Land Deed Officials (PPAT) in Protecting the Rights of Parties in the Creation of Deeds of Sale and Purchase of Land Rights Simanjuntak, Kristi Warista
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.v11i3.4186

Abstract

The aim of this study is to examine the role of land deed officials in sales and purchase transactions and the process of transferring ownership certificates, as well as to identify the obstacles encountered in practice. This study uses a socio-legal approach with a qualitative descriptive method, combining positive law analysis and interviews with land deed officials. The study also highlights the authority and responsibilities of land deed officials, including their obligations before and after the deed is drawn up, as well as the professional ethics regulated by the professional organization Association of Land Deed Officials (PPAT). The novelty of this research lies in its emphasis on the practical challenges faced by land deed officials in ensuring legal certainty in the sale and purchase of land and/or building rights, which has not been widely discussed in previous literature, especially regarding the mismatch between existing legal procedures and technical and administrative obstacles encountered in the field. The results of the study indicate that land deed officials play a very important role in ensuring the smooth sale and transfer of certificates through several stages, such as providing information, checking the completeness of documents, verifying the validity of certificates, and registering with the National Land Agency (BPN). However, the obstacles often encountered are the many requirements that must be met, high costs, lengthy processes, and inadequate facilities and technology. Solutions to overcome these problems include providing guidance to the public, collaborating with professional organizations to review tax costs, and improving facilities and technology that support the process of deed and certificate transfer. In concluded despite various challenges, the role of land deed officials remains crucial in maintaining legal certainty in the sale and purchase of land and/or building rights, with relevant solutions to simplify the process for the public.
The Phenomenon of Personal Data as a “Pseudo Guarantee” In Fintech: Legal or Not? Uswatun Hasanah; Djulaeka, Djulaeka; Murni, Murni; A. Zaenurrosyid
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.v11i3.4247

Abstract

The study aims to examine the validity of personal data as a "pseudo guarantee" in fintech lending. The focus of this problem is whether the phenomenon of using personal data as a debt guarantee is justified. The research method is normative, employing a statute, a conceptual and a historical approach. The analysis uses deductive logic and teleological interpretation. Novelty of this study is different from offline loan agreements that are based on collateral, fintech is not based on collateral, but personal data has a dual function, first as the main basis for determining whether or not credit is approved and second as a pseudo guarantee if the debtor defaults. The results show that personal data is the basis of the platform to collect and "execute loans" by disseminating personal data of loan recipients to the contact numbers of people close to the borrower if the debtor defaults. The PDP Law, POJK No. 10/POJK.05/2022 and POJK No. 22 of 2023 prohibit Fintech from providing consumer data to other parties. Fintech organizers are required to keep the confidentiality of borrower data in accordance with the data acquisition agreement with the data owner. Conclusion, the use of personal data as a "pseudo guarantee" by providing consumer data to other parties if the loan recipient fails, based on POJK No. 10/POJK.05/2022 and Law No. 19 of 2016 is permitted as long as prior written consent is obtained from the owner of the personal data.
Religion-Based Law Enforcement in Indonesia, Malaysia, and Saudi Arabia: A Comparative Law Analysis Mohammad Furqoon Senoaji; Ifahda Pratama Hapsari
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.v11i2.4263

Abstract

This study aims to analyze and compare the complexity of religious law's implications for law enforcement in Indonesia, Malaysia, and Saudi Arabia, which have a majority Muslim population. The study comprehensively analyzed the literature, maximizing articles and sources relevant to the three countries' patterns, differences and similarities of law enforcement, by summarizing and examining the writings. A comprehensive method is used by outlining legal reforms and public education to ensure that equal rights for religious minorities are substantially respected and protected. This novelty is in the results from previous studies that examined the application of Islamic criminal law in Indonesia, Malaysia, and Saudi Arabia. The results of this study show the complex challenges and potential for protecting the rights of minority citizens in implementing Islamic law in each of these countries. Furthermore, it is mentioned in this study that the linear application of Islamic law in state policy often leads to tensions and resistance between religious principles, human rights principles and internationally recognized law which is currently often accepted by Saudi Arabia through the ijtihad system and the dual influence of Sharia and regulations issued by the state. In contrast, Indonesia and Malaysia are considered more flexible by applying two legal systems for Islamic communities and civil society in general. The study concluded by comparing law enforcement activities carried out in the three countries, which revealed why the three countries with the majority of the population of Islam could implement a legal system with diverse impacts.
Reformulation of Electronic Evidence in Forex Trading Manipulation Crimes Terra Whisnu Murti; Abdul Kholiq
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.v11i2.4264

Abstract

The aim of this study is to find the root causes of problems in legislation and weaknesses of law enforcement officials in maintaining the validity and authenticity of electronic evidence in cases of forex trading manipulation, as well as to reformulate relevant laws after identifying the root causes of the problems. The method used in this study is a normative juridical method using a legislative approach to analyze regulations related to the examination of electronic evidence and a conceptual approach in reformulating relevant regulations. Data was obtained through analysis of legislation, literature, and relevant legal doctrines. The novelty of this research lies in its focus on regulatory reform related to electronic evidence in forex trading manipulation crimes. It not only involves reformulation but also determines how the novel aspects of legal practice should be implemented. The results of this study indicate that regulations on electronic evidence, particularly Artificial Intelligence (AI) in forex trading, still need to be reformulated to accommodate technological developments, especially in terms of authenticity. The lack of knowledge of law enforcement officials in the field of technology is also a priority in determining how law enforcement officials carry out their duties as investigators in technology-based crimes. The study concludes that the existing weak regulations and the lack of knowledge of law enforcement officials in maintaining the validity of electronic evidence in cases of manipulation need to be strengthened through the reformulation of laws and regulations and the expansion of knowledge in technology for law enforcement officials. With more adaptive and comprehensive reformulation, the evidence system in forex trading cases can be more effective and provide better legal protection.
Legal Politics of Investigation Authority in Criminal Offences Under the Draft Criminal Procedure Code (RKUHAP) Panca Sarjana Putra; S.Siagian, Fahrizal; Brimob Ritonga; Saied Firouzfar; Dedi Kurniawan
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.v11i3.4273

Abstract

The aim of investigative research is a pro justisia stage that serves to gather two pieces of evidence to find the perpetrator of a criminal act after an investigation. This process is known as due process of law, which is contained in the Criminal Procedure Code (KUHAP). The renewal of criminal procedure law is to balance the pre-enactment of the 2026 Criminal Law. Therefore, several research objectives were obtained, namely to explain the authority of investigation in criminal acts in the 1981 KUHAP. Then, another objective is to explain the legal policy review related to the authority of investigation in criminal acts based on the Draft National Criminal Procedure Code. The method used in this study is normative juridical research combined with empirical data, through a conceptual approach, a legislative approach, and a case approach. Novelty This study is novel in that criminal procedure law, particularly dominus litis authority, cannot be expanded and the portion of investigation must remain with the state police investigators. This refers to the effectiveness and efficiency of law enforcement and the principles of human rights. The results of this study show that the authority to investigate criminal acts in Law No. 8 of 1981 on Criminal Procedure is vested in the Indonesian National Police. The legal policy review regarding investigative authority in criminal cases based on the Draft National Criminal Procedure Code aims to prioritize the prosecutorial authority of the public prosecutor in the handling of criminal cases. However, this situation may lead to undesirable issues in the future, such as violations of human rights and the inefficiency of the criminal justice process. The conclusion of this study is that the expansion of the authority of public prosecutors as criminal investigators is dangerous. Therefore, in terms of efficiency, effectiveness, and the enforcement of human rights, the expansion of the authority of public prosecutors in investigations under the Draft Criminal Procedure Code has the potential to undermine the sense of legal justice.
Choice of Law in International Contracts Based on the Hague Principles 2015: Indonesian Positive Law Perspective Geofani Lingga Meryadinata; Shihaf Ismi Salman Najib; Ahmad Bastomi
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.v11i2.4317

Abstract

The study aims to examine the principle of choice of law in The Hague Principles 2015, assess the application of choice of law and forum clauses in international contract disputes, and evaluate the relevance and obstacles to its application in Indonesian law to encourage harmonization and legal certainty in cross-border transactions. This research method used a normative legal approach through a literature study with three approaches: statute, case, and comparative. The focus is on applying The Hague Principles 2015 on the choice of law in international contracts and its relevance to Indonesian positive law to strengthen legal certainty and the parties' autonomy. The Novelty this study lies in the study of the potential adoption of THP 2015 in the Indonesian legal system, which until now has not officially recognized these principles. In addition, this study discusses the challenges of implementing legal options and forum options in national law and analyzes real cases of international contract disputes. The study results show that the principle of choice of law in The Hague Principles 2015 upholds the parties' autonomy. However, Indonesian law has not optimally accommodated this principle, causing uncertainty in applying choice of law and forum clauses in international contracts involving national jurisdictions. The conclusions of the Hague Principles 2015 affirm party autonomy in international contracts, allowing freedom to choose the applicable law. Though non-binding, they influence legal interpretation globally. Integration into Indonesia's legal system is recommended to enhance legal certainty, support cross-border trade, and guide judges, practitioners, and scholars in resolving international contract disputes.
Sacred Justice: The Autonomy of Traditional Villages in Resolving Customary Disputes in Bali Prasada, Dewa Krisna; Ni Putu Sawitri Nandari; Kadek Julia Mahadewi; Komang Satria Wibawa Putra
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.v11i3.4326

Abstract

The aim of this study is a fundamental part of Indonesia's state structure, as it has existed since Indonesia's independence and has been recognized within the legal framework. This recognition is enshrined in Article 18B of the 1945 Constitution and reinforced by Law No. 6 of 2014 on Villages. In Bali, customary law communities, known as krama desa, have special rights, including autonomous governance over local affairs. This study focuses on the autonomy of customary villages in Bali, particularly in resolving customary disputes. The study method used is normative legal research with a legislative approach, analyzing the legal provisions governing customary villages and their dispute resolution mechanisms. The novelty of this research contributes to the discourse on legal certainty and justice for customary law communities by clarifying the extent of the authority of customary villages in resolving customary law violations. The results of the study indicate that customary villages in Bali have legal authority to resolve customary law violations, as stipulated in Article 104(d) of the Village Law and Article 24(l) of the Bali Customary Village Regulation. This affirms their role in maintaining order through customary law traditions. In conclusion traditional villages in Indonesia, including in Bali, are constitutionally recognized and granted autonomy in governance and dispute resolution. To enhance legal certainty, traditional villages should establish clear procedural guidelines (awig-awig) for resolving disputes through traditional deliberative assemblies (paruman adat). This approach can ensure justice while maintaining environmental and social harmony within the customary legal system.
Urgency of Expanding the Meaning of State Financial Losses Based on Ecological Losses Resulting from Corruption in the Natural Resources Sector Jiwanti, Ainun; Mona Ervita
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.v11i3.4334

Abstract

This study aims to analyze the urgency of expanding the meaning of state financial losses by including ecological losses resulting from corruption in the natural resource sector based on an ecocentric approach. This study uses a normative juridical method with a statute approach, a case approach, and a conceptual approach. The novelty of this study lies in the use of an ecocentric approach in the concept of state financial loss, which asserts that natural resources are part of state wealth, so their damage due to corruption in the natural resource sector must be considered as state financial loss. However, this contradicts the current legal approach, which only recognizes “actual loss” based on Constitutional Court Decision No. 25/PUU/XIV/2016, thereby hindering the recognition of ecological losses as part of state financial losses. The results of the study show that corruption in the SDA sector not only has an impact on state financial losses but also causes severe environmental damage. However, current law enforcement still uses an anthropocentric approach that only considers state losses in financial terms without including ecological damage caused by SDA corruption as part of state financial losses, so there is an urgent need to expand the meaning of state financial losses to include ecological losses. The conclusion of the research suggests that incorporating ecological losses into the calculation of state financial losses ensures that criminal law enforcement holds corrupt actors accountable not only for financial aspects but also for environmental restoration, thereby supporting ecological justice and the sustainability of natural resources.
Determination of Inheritance Rights for Transgender Individuals According to Positive Law in Indonesia Dian Ayu Rizkika; Gunawan Djajaputra
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.v11i2.4338

Abstract

This study aims to analyse the legal position of transgender inheritance in the inheritance system in Indonesia concerning customary law, the Compilation of Islamic Law, and applicable civil law. This study uses a normative legal method with a regulatory-legislative approach and a contextual approach. The data sources used include relevant laws and regulations, Islamic legal doctrines, and court decisions related to transgender inheritance cases in Indonesia. The analysis examined the relationship between applicable legal provisions and legal practices in society. The novelty of this study lies in a comprehensive analysis of the position of transgender people in Indonesian inheritance law and the identification of alternative solutions outside the conventional inheritance system. The results of this study reveal that although Islamic law does not recognise gender change about inheritance status, there is no explicit prohibition in the KHI regarding the distribution of inheritance to transgender people. Therefore, mechanisms such as grants, agreements, and wills are legal alternatives that can be used to provide part of the property to transgender people in a family. The results of the study indicate that in the legal system in Indonesia, transgender people do not have specifically recognised inheritance rights. However, legal provisions allow the use of other instruments such as grants and wills to provide property to transgenders without violating the principles of Islamic law or positive law. The study concluded that although there are no explicit regulations regarding inheritance rights for transgender individuals, alternative mechanisms in Indonesian inheritance law can be used to ensure justice for all parties. Therefore, more inclusive legal policies are needed so that this issue can be adequately accommodated in the national legal system.
Pardon for Corruptors: An Examination of Repentance and Restitution in Islamic Criminal Law Nasution, Liantha Adam; Nasution, Fatimah Islamy; Siti Aminah; Zulfahmi , Zulfahmi
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.v11i3.4365

Abstract

This study aims to analyze the granting of clemency to perpetrators of corruption who return assets from the perspective of positive law and Islamic criminal law. This study examines the definition, elements, and mechanisms for handling corruption based on Law No. 31 of 1999 jo. Law No. 20 of 2001, Law No. 22 of 2002, and discusses the concept of jarimah ghulul in Islamic law, which emphasizes sincere repentance and restitution as prerequisites for divine forgiveness. The method used in this study is legal-normative and literature review to compare national legal norms with the principles of maqashid syariah, with a focus on maintaining justice, deterrence, and prevention of criminal acts. The novelty of this research lies in the fact that sincere repentance accompanied by restitution is an essential element for obtaining divine forgiveness, without neglecting the function of ta'zir punishment as a deterrent to prevent the repetition of the same act. The results of the study indicate that although clemency in positive law can be seen as a humane step toward the rehabilitation of offenders, its application must be accompanied by the condition of full asset restitution and a thorough evaluation of the socio-economic impact. This study provides recommendations for reforming pardon policies and integrating Islamic legal principles into regulations governing the restitution of corrupt officials' assets, with the aim of supporting comprehensive, fair, and effective anti-corruption efforts. These conclusions are expected to serve as a reference for policymakers and legal practitioners in formulating pardon mechanisms that not only prioritize humanitarian aspects but also uphold justice and prevent the recurrence of similar criminal acts.

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