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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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Analysis of the Implementation of ATR/BPN Regulation No. 3 of 2023 concerning the Issuance of Electronic Documents Wilfi, Vania; Amelia Sri Kusuma Dewi; Dyah Widhiawati
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.v11i3.4373

Abstract

The aim of this study is to determine and analyze how the implementation of Article 14 Paragraph (2) of Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Regulation No. 3 of 2023 concerning the issuance of electronic documents related to virtual legal data research conducted at the ATR/BPN Office in Malang City is carried out, as well as the obstacles and efforts made by the BPN in Malang City in facing obstacles in legal data research. The method used in this study is a sociological approach to law, where law is viewed not merely as written rules but as a living and evolving social institution within society. The novelty of this research lies in its attempt to highlight how the implementation of virtual legal data research activities in land registration, as regulated by Ministry of Agrarian Affairs and Spatial Planning/National Land Agency Regulation No. 6 of 2018 on Systematic Land Registration (PTSL), is carried out, particularly in Malang City. The results of this study are based on the research object, which focuses on specific research variables related to the implementation of legal data research in systematic land registration in Malang City. This study seeks to examine and analyze the challenges and efforts made by the ATR/BPN Office in Malang City in implementing legal data research in systematic land registration. The concludes that the implementation of virtual legal data research in the PTSL program still faces various obstacles, such as the absence of technical guidelines, limited human resources, technical constraints, and data inconsistencies. Improvement efforts are being made through enhancing the quality of personnel, collaborating with villages, and conducting evaluations and socialization. This study recommends that the Ministry of ATR/BPN evaluate relevant regulations and promote increased legal awareness and administrative order in land matters among the public.
Judicial Considerations in Imposing Replacement Money Sanctions in Corruption Cases Involving State Land Transfer Lameng, Jihan Shavira Yosephin; Elis Rusmiati; Rully Herdita Ramadhani
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.v11i3.4427

Abstract

The study aims to examine and analyze the judge's consideration in the imposition of replacement money in corruption cases involving state land transfer through the lens of justice drawing on progressive legal theory, and the theory of economic analysis of law, while also assesing strategies to maximize the recovery of state financial losses through the application of replacement money. The method of research is normative juridical method with a qualitative descriptive approach, focusing on secondary data such a legislation, court decisions, and legal literature. The research specification used is descriptive analytical. Novelty of this research lies in highlighting analyze the effectiveness of additional criminal sanctions in the form of replacement money in corruptions offenses involving state land transfer in optimizing the recovery of state finansial losses through progressive law theory and economic analysis of law approach. The Results indicate that the implementation of replacement money as an additional criminal sanctions is considered not to be optimal in maximizing the recovery of state financial losses, Judges' considerations in several decisions examined show that the imposition of replacement money has not implemented progressive legal theory, without considering other forms of losses impacted by corruption offenses involving state land transfer. This is due to the absence of parameters as guidelines in imposing of replacement money Conclusion, it can be known that although Article 18 paragraph (1) letter (b) of the Corruption Law has included the amount of replacement money payments balanced with the assets/objects obtained from corruption crimes, a more progressive approach are needed to ensure that the imposition of replacement money can effectively restore the state's financial losses. Therefore, it is necessary to calculate the amount of replacement money using the NJOP indicator in corruption cases involving state land transfer in line with efforts to optimize the return of state financial losses.
Harmonizing Investigative Powers of KPK and Tax Authority in State Financial Crimes Vito Oktovianus Maupiku; Mardian Putra Frans
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.v11i3.4369

Abstract

This study aims to analyze the overlap of investigative authority between investigators of the Corruption Eradication Commission (KPK) and investigators of the Directorate General of Taxes (DJP) in criminal acts that cause financial losses to the state and to harmonize these authorities.The study is a normative legal study using a legislative approach and a conceptual approach.Novelty previous studies have discussed the legal analysis of the authority of the Corruption Eradication Commission as the prosecutor of corruption offenders and the position of civil servant investigators of the Directorate General of Taxes in the framework of criminal tax law enforcement in Indonesia. The difference in this study is that it identifies and analyzes in depth the potential overlap of authority between the DJP investigators and the KPK in handling cases involving tax crimes that have implications for state financial losses, as well as formulating a model for coordination and synchronization of authority based on the principles of ultimum remedium and efficiency of law enforcement based on the principles of limited authority and lex specialis systematis.The results the application of the principle of limited authority and the principle of lex specialis systematis strengthens the authority of DJP investigators in handling tax crimes that cause financial losses to the state.Conclusion investigators of the DJP have more specific and effective authority in handling tax crimes that cause financial losses to the state, based on the principle of limited authority and the principle of lex specialis systematis.
Tantangan dan Solusi atas Komersialisasi Aplikasi Modifikasi di Indonesia Berdasarkan Undang-Undang Hak Cipta 2014 Hasbi, Hasbi; Nadia, Nadia; Rahmatullah, Nursalam
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.v11i3.4306

Abstract

The study aims to analyze the polemic of commercialization of modified applications in copyright enforcement through an integrative approach between legal certainty, justice and expediency. The method of research used by the author is the normative juridical method, using secondary data, in the form of primary legal materials such as Law Number 28 of 2014 concerning Copyright and its implementing regulations; secondary legal materials in the form of legal literature, journal articles, research results, legal news and legal opinion articles which are then analyzed deductively. The novelty of this research lies in the assessment of copyright law that has not reflected substantive justice in the face of infringement through the commercialization of modified applications, using the approach of Hans Kelsen's Stufenbau theory and Gustav Radbruch's Integrative theory. The results show that the polemic of copyright enforcement against modified applications is mulltidimensional. On the legal side, the unclear norms in the Copyright Law regarding application modification activities, the weak monitoring and enforcement system, and the lack of technical regulations (PP and Permenkumham) governing digital applications. On the other hand, social, cultural, and economic factors such as low legal awareness, the rampant culture of using modified applications, and the economic inability of the community also exacerbate this illegal commercialization practice. The conclusion is that copyright enforcement of modified applications is not optimal due to the gap between normative regulation and practice. Based on Gustav Radbruch's integrative theory, the solutions offered include: (1) from the aspect of justice, the government needs to change the complaint offense into an ordinary offense for application copyright infringement and issue special regulations in the form of Government Regulations or Permenkumham for the protection of digital applications, coupled with improving the integrity of law enforcement officials; (2) from the aspect of legal certainty, it is important to revise Article 52 of the Copyright Law and strengthen supervision of the distribution of modified applications by e-commerce; and (3) from the aspect of expediency, solutions include public education, the use of open source applications as an alternative, open source application development, more affordable pricing strategies, to inclusive payment systems by official developers.
Legality of the Public Prosecutor's Amendment to the Charges in the Valencya Case in Karawang Mohamad Hani Anindito; Wijaya, Emilia Metta Karunia
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.v11i3.3880

Abstract

The aim of this study is to analyze the legality of changes to charges by the public prosecutor during the reply stage in the Valencya case in Karawang, focusing on whether such changes are legally valid and their implications for the Indonesian judicial system. The method of research used is a normative juridical approach, which examines the applicable legal regulations and conducts a case study related to changes in charges at the reply stage. This approach also involves an analysis of relevant legal guidelines and procedures in the context of criminal justice in Indonesia. The novelty of this research lies in the analysis of the prosecutor's discretion in changing charges at the reply stage, something that is rarely studied in Indonesian law. This research provides new insights into the practice of changing criminal charges based on considerations of justice and legal morality. The results of the research show that although changing criminal charges to no charges is unusual, it is legally permissible. This provision is regulated in the Attorney General's Office Law and Guideline Book Number 24 of 2021. The amendment of charges was made because the public prosecutor prioritized the principle of justice over legal certainty, taking into consideration truth, conscience, and the values of God Almighty. The Attorney General conducted a special examination of this case because it was considered controversial and had a broad social impact. The conclusion of this study is that although changes to charges at the reply stage are permitted, clearer legal guidelines are needed to regulate the use of prosecutorial discretion. This aims to maintain a balance between justice and legal certainty, as well as to avoid inconsistencies in the application of the law, so that decisions made remain in line with the principles of fair law.
Comparison of the Principle of Meaningful Participation in the Process of Law Formation in Indonesia, Switzerland, and Sweden Saragih, Geofani Milthree; Putra, Rengga Kusuma; Ishwara , Ade Sathya Sanathana; Nugroho, Aziz Widhi; Ivory, Jared
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.v11i3.4346

Abstract

This study aims to analyze the effectiveness of applying the principle of meaningful participation in lawmaking in Indonesia, Switzerland, and Sweden The method used is normative juridical with a case study and comparative law approach. Data collection was conducted through a literature review of regulations, official documents, and related literature, which was then analyzed qualitatively using a descriptive-comparative framework. The novelty of this research lies in its functional comparative approach, which not only compares legal frameworks but also the practical implementation of the principle of participation in the legislative processes of each country. This study highlights the gap between formal regulations and substantive practices in Indonesia, and identifies best practices from Swiss referendum democracy and Swedish public consultation mechanisms. The results show that Indonesia still faces challenges in ensuring substantive public participation, which tends to be formal and limited without influencing the substance of regulations. In contrast, Switzerland implements direct democracy through referendums, and Sweden has developed transparent and structured public consultation mechanisms. However, the future prospects in Indonesia are quite positive, with increasing demands for transparency, technological advances, and the role of civil society opening up opportunities to develop more inclusive and effective public participation in law-making. In conclusion, although Indonesia is still limited in ensuring substantial public participation, the opportunities to improve participation mechanisms through transparency and technology are quite promising, leading to a more inclusive and influential system in law formation.
Dui’ Papenre Customary Law Reconstruction Based on Human Rights Values in the National Legal System Syahril, Muh. Akbar Fhad; Asriyani, Arini; Krivins, Anatolijs
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.v11i3.4409

Abstract

The purpose of this research is to reconstruct the practice of Dui' Papenre in Bugis marriage customs, ensuring it aligns with human rights values, particularly non-discrimination and equality, while preserving its cultural essence. This research also examines the harmonization between customary law, national law, and human rights principles, and proposes recommendations for legal reform. The research method used is normative law with a descriptive-analytical approach, supported by legislative, conceptual, and sociological perspectives. Data is sourced from legal documents and literature and analyzed qualitatively. The novelty of this research lies in its unique combination of analyzing Dui' Papenre from the perspectives of customary law, national law, and human rights, thereby filling a gap left by previous studies that have not comprehensively discussed this intersection. The findings reveal that the practice of Dui' Papenre still holds cultural value, but it often raises human rights concerns, particularly regarding the rights to form a family and non-discrimination, when the nominal value is disproportionate. The analysis shows that regulation through local regulations with reasonable nominal limits, dispute mechanisms, and community-based customary mediation can preserve traditions without violating human rights. In conclusion, the harmonization of customary law, national law, and human rights principles is key to ensuring that Dui' Papenre remains sustainable and fair. Transparent and participatory regulations will ensure that this tradition aligns with social justice and the protection of citizens' constitutional rights.
Restitution Rights for Child Victims of Sexual Violence: Justice or Legal Certainty Yulestari, Risma; Fitriah Faisal; Dewi Ratna Sari Rustam; Handrawan Handrawan; Sitti Aisah Abdullah
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.v11i3.4498

Abstract

The purpose of this study is to analyze the fulfillment of restitution rights for child victims of sexual violence from the perspective of justice and legal certainty, as well as to examine the obstacles that prevent these rights from being optimally fulfilled in legal practice. The method used is a normative legal approach with descriptive analysis. The novelty of this research is that it emphasizes the need for judges to automatically award compensation to child victims of sexual violence, without waiting for a request from the victim, in order to achieve justice and legal certainty. The results of the study show that although the right to restitution for child victims of sexual violence is regulated in various laws and regulations, its implementation is still far from optimal. This is due to complicated application procedures, the victims' lack of knowledge about their right to restitution, and weak law enforcement, as there are no strict sanctions for law enforcement officials who neglect their duties. Restitution as a form of compensation aims to restore the condition of the victim. However, in practice, this is often ignored by judges in deciding a case, especially if there is no request from the victim. This study highlights the importance of the active role of law enforcement officials in ensuring the fulfillment of the right to restitution without having to wait for a request from the victim, as well as the need for harmonization and confirmation of sanctions in legislation in order to realize justice and legal certainty for child victims of sexual violence. The conclusion is that even though there are various laws and regulations governing restitution, the fulfillment of the right to restitution for child victims of sexual violence still faces normative and practical obstacles in Indonesia. In practice, many judges do not consistently consider the right to restitution, so that victims do not receive adequate compensation, thereby hindering their recovery process. Legal uncertainty is also caused by weak sanctions for negligent law enforcement officials, which means that victim protection depends on individuals rather than the system. The state should make restitution a fundamental legal obligation rather than merely an option to ensure justice and legal certainty for victims.
The Threat of Green Grabbing to Indigenous Peoples’ Rights in the Implementation of Law Number 32 of 2024 Mandala, Maulana Hendra; Muryani, Maria Ana; Rofiq, M.Khoirur
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.v11i3.4601

Abstract

This study aims to examine the threat of green grabbing in the implementation of Law No. 32 of 2024 concerning Natural Resource and Ecosystem Management, with a focus on its impact on land tenure by indigenous peoples and environmental governance. This study uses normative legal research methods by analyzing legislation, international legal instruments, and related academic literature. A doctrinal approach is applied to assess the alignment between the normative ideals of the law and the practical implications of Law No. 32 of 2024, particularly those related to the recognition of customary land rights and environmental management involving indigenous peoples. The novelty of this research lies in its critical assessment of the conservation framework as a potential instrument for land grabbing legalized by the state in the era after the enactment of Law Number 32 of 2024. This research highlights the tension between the goals of ecological preservation and the protection of indigenous peoples' rights, which are often neglected in the implementation of conservation policies. The results of the study show that although Law No. 32 of 2024 contains progressive principles such as community participation and recognition of indigenous peoples, its implementation remains weak. This is reflected in the lack of adequate recognition of customary land rights and the weak application of the Free, Prior, and Informed Consent (FPIC) procedure, which opens up opportunities for the misuse of conservation policies as a pretext for land grabbing. This study concludes that the effectiveness of Law No. 32 of 2024 depends on the establishment of clear technical regulations, strong protection mechanisms for customary territories, and integrative agrarian reform. To prevent conservation policies from becoming a justification for land grabbing, indigenous communities must be recognized not only as affected parties but as key stakeholders in natural resource management.
Legal Liability of Event Organizers in Cases of Song Copyright Infringement: A Study of Decision No. 92/Pdt.Sus-HKI/Cipta/2024/PN Niaga Jkt.Pst Rusdinah, Rusdinah; Sitorus, Rolib
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.v11i3.4628

Abstract

The purpose of this study is to analyze the effectiveness of legal norms in Law No. 28 of 2014 concerning Copyright and Government Regulation No. 56 of 2021 concerning the Management of Song and/or Music Royalties in guaranteeing the protection of the economic and moral rights of songwriters in the context of live performances, through a case study of Decision No. 92/Pdt.Sus-HKI/Cipta/2024/PN Niaga Jkt.Pst. The method used is normative juridical with a statutory approach, case approach, and conceptual approach which are analyzed qualitatively. The novelty of this study lies in the reconstruction of dual legal liability between performers (singers) and event organizers, as well as the application of Hans Kelsen's theory regarding the separation between legal norms (the should) and reality (being) in music copyright disputes. The results of the study show that there is still an imbalance between regulation and practice; industry players often ignore licensing mechanisms and royalty payments through the National Collective Management Agency (LMKN), and do not include the names of creators or make changes to works without permission. Although the judge in the case granted part of the lawsuit, the recognition of direct licensing practices outside the collective mechanism indicates a regulatory loophole and potential legal uncertainty. In conclusion, the effectiveness of positive law in copyright protection in Indonesia has not yet been fully achieved. Therefore, policy reforms are needed to integrate direct licensing mechanisms into the official legal framework, strengthen the role of the LMKN, and enforce stricter sanctions against moral rights violations, so that legal norms truly become a substantive protection instrument for creators.

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