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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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The Constitutional Court's Decision on the Perppu on Mass Organizations from the Perspective of Rechtsstaat and Critical Legal Studies Bimantara, Arya; Salman, Radian
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.v11i3.4662

Abstract

This study aims to analyze the Constitutional Court's consistency in reviewing the constitutionality of Government Regulation in Lieu of Law (Perppu) No. 2 of 2017 concerning Mass Organizations, which was later ratified as Law No. 16 of 2017. The study focuses on two main issues: first, whether the issuance of the Perppu meets the criteria of "compelling urgency" as defined in Decision No. 138/PUU-VII/2009; second, how the Court interprets multi-interpretable phrases such as "contrary to Pancasila" and "threatening national stability," for restricting the right to associate. The method used is normative legal research with a statute, case (ratio decidendi), and conceptual approaches, examining the principles of lex certa, due process, proportionality, and contrarius actus, strengthened by critical legal studies (CLS) to uncover the political legal dimensions behind the Constitutional Court's jurisprudence. The novelty of this research lies in its emphasis on the Constitutional Court's tendency to provide formal validation for the formation of Perppu but its absence in providing substantive interpretation of crucial clauses subject to multiple interpretations, combining legal-dogmatic analysis and CLS to assess the consistency of the Constitutional Court's decision on the Perppu on Mass Organizations, something that has not been done in previous studies which tend to discuss procedural or human rights aspects partially. The results indicate that the Court prioritizes political stability over human rights protection, thus creating a double standard in the application of the rule of law principler. In conclusion confirms although the Constitutional Court affirmed the constitutionality of the Perppu and the Mass Organizations Law, a passive attitude towards the multi-interpretable clauses opens up space for the normalization of restrictions on the right to associate outside the principles of legality, necessity, and proportionality as required by the ICCPR.
Annulment of Lease Agreements Based on Third-Party Undue Influence under the Indonesian Civil Code Nadine Adika Tifana; Etty Haryati Djukardi; Sherly Ayuna Putri
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.v11i3.4762

Abstract

This study aims to examine the evidentiary process in lease agreement disputes involving undue influence and to analyze the legal protection afforded to lessees under the Indonesian Civil Code. The research gives particular attention to cases where undue influence is not exerted by the contracting parties themselves but by third parties who intervene in the contractual relationship. This study uses a normative legal research method combining conceptual, statutory, and case analysis, complemented by an empirical component through a structured interview with a District Court judge experienced in lease disputes. Decision No. 8/Pdt.G/2022/PN Mdn was purposively selected as the case study because it directly involves annulment of a lease agreement based on third-party undue influence. The novelty of this study lies in its systematic analysis of undue influence exerted by third parties in lease agreements, an aspect rarely examined in Indonesian legal doctrine and not explicitly regulated under positive law. This contribution fills an academic gap while providing a legal-argumentative framework that integrates doctrinal analysis with judicial practice. The results of this study indicate that third-party undue influence introduces an additional evidentiary burden: claimants must prove the lessee’s vulnerable condition, the deliberate intervention of a third party, and a causal link between that intervention and the lessee’s consent. Furthermore, legal protection for good-faith lessees is reinforced by Civil Code provisions, including Articles 1315, 1320–1321, 1338(3), and 1365, as well as supporting jurisprudence that emphasizes fairness and proportionality in assigning liability. This study concludes that undue influence by a third party can constitute a valid legal ground for annulment of lease agreements and that lessees acting in good faith must be shielded from disproportionate liability. The findings reinforce the judiciary’s duty to uphold substantive justice and provide guidance for courts, policymakers, and contracting parties in safeguarding fairness within Indonesian contract law.
Postponement of General Elections in Crisis Situations: Legal Analysis, History, and Implications for Democracy Putri, Nabila Diara; Irwan Triadi; M. Adnan Madjid
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.v11i3.4787

Abstract

This study aims to analyze the historical of general election postponements in Indonesia, along with the legal basis and constitutional implications of delaying elections without a legitimate emergency. As the primary instrument of popular sovereignty, elections must be held periodically, fairly, and in accordance with the constitution. In this regard, postponing an election without a solid legal foundation could trigger legitimacy crises and constitutional disputes. The method used in this study is normative juridical research with a statute, conceptual approach and historical approach, with the data analyzed qualitatively and descriptively. The novelty of this study lies in its comprehensive review of the historical dynamics and legal framework surrounding election postponements from the era of Parliamentary Democracy to the Reform Era with a specific focus on the legal gap in responding to non-natural disasters such as the COVID-19 pandemic. The findings reveal that election postponements in Indonesia have often been linked to political and security crises, though not always grounded in a democratic legal process. The results of this study show that the postponement of elections in Indonesia has historically been influenced by political instability, legal ambiguity, and emergency situations, such as armed conflict or the COVID-19 pandemic. Despite these challenges, the legal framework in Indonesia lacks specific provisions regarding systematic election postponement, especially in the case of non-natural disasters. The ambiguity in interpreting terms like “other disturbances” under existing electoral laws has led to varying legal opinions and uncertainty in implementation. The conclusion of this study is that the postponement of elections can only be justified in the presence of a real and constitutionally recognized state of emergency. The absence of a clear legal framework poses a risk to democratic integrity and public trust. Therefore, the study emphasizes the urgent need to revise and strengthen electoral regulations by clearly outlining the procedures, legal basis, and conditions under which elections may be postponed, ensuring the protection of citizens’ constitutional rights in all circumstances.
Legal Analysis of the Cancellation of the Execution of Collateral in Supreme Court Decision MA 920K/Pdt/2020 Farly Kanserano Jabiy
JUSTISI Vol. 12 No. 1 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.3937

Abstract

This study aims to analyze the execution of judgments in Indonesian civil law, particularly in relation to security rights and the parate executie mechanism as regulated in Law No. 4 of 1996.The method used in this study is a normative legal approach with a literature review, analyzing relevant legislation, court decisions, and implementing regulations. The main focus of this study is to explore the challenges and distortions that occur in the implementation of parate executie, which is actually designed to provide convenience, legal certainty, and efficiency for creditors.The novelty of this study lies in its in-depth assessment of the conflict between the provisions of the UUHT and court decisions and Supreme Court Circular Letters that hinder the implementation of parate executie without court intervention.The results of this study show that although the UUHT gives creditors the authority to directly execute collateral, in reality, legal uncertainty, complicated bureaucracy, and decisions that contradict the spirit of the UUHT actually slow down the execution process and increase losses for creditors. Therefore, this study recommends improving implementing regulations and revising related regulations, including canceling or revising Supreme Court Circular Letter No. 7 of 2012, so that the objectives of the UUHT to provide fast, inexpensive, and efficient execution can be achieved.The conclusions of this study are expected to contribute to the development of Indonesian civil law, particularly in strengthening legal certainty in the execution of security rights.
Analysis of the Implementation of Legal Compliance Principles in Securities Trading of Multinational Companies in Indonesia Kurniasari, Awandayuri Wenny; Andiani Putri Rahmawati
JUSTISI Vol. 12 No. 1 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.4604

Abstract

This study aims to analyze the application of legal compliance principles in securities trading by multinational companies operating in Indonesia, as well as to identify the challenges faced in complying with domestic regulations. This study uses a normative juridical approach, focusing on a literature review and analysis of Law Number 8 of 1995 concerning Capital Markets. The novelty of this research lies in its emphasis on the intersection between international business practices and the Indonesian legal framework, particularly in highlighting the legal risks faced by multinational companies when operating in a regulatory environment that differs from that of their home countries. This study also offers a perspective based on the theory of legal legitimacy, which emphasizes the importance of procedural justice in encouraging voluntary compliance. Findings show that multinational companies often struggle to meet timely and accurate information disclosure requirements, which can lead to heavy sanctions and reputational damage. Insider trading cases involving these companies illustrate the detrimental impact of noncompliance on investor confidence and market integrity. The concludes that improving transparency, implementing secure reporting systems, and applying procedural justice are essential to creating a legal environment that supports compliance and strengthens confidence in the Indonesian capital market.
Review of the Doctrine of Dilution Based on the Perspective of Corrective Justice for Trademark Owners Nahdliyin, Sukma Hidayatun; Latifah, Emmy
JUSTISI Vol. 12 No. 1 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.4774

Abstract

The study aims to analyze whether the doctrine of trademark dilution has provided corrective justice or otherwise, so that the balance of rights for trademark owners can be fulfilled.The methods used in this study are normative or doctrinal legal research methods. The research approaches used are legislative, conceptual, case-based, and comparative approaches.The novelty of this research lies in the perspective of corrective justice in analyzing court decisions related to dilution actions. This research is expected to contribute to further research and policy recommendations for the government and judges to produce regulations and decisions that are fair to trademark owners.The results of the comparative law study show that anti-dilution regulations in the United States are comprehensively regulated, but there are shortcomings in the courts. Court decisions regarding well-known trademarks are considered detrimental and do not restore the rights that have been violated. In fact, the main purpose of dilution is to provide legal protection for well-known trademarks. Indonesia itself has not yet fully regulated anti-dilution regulations.The concluded findings of this comparative legal study serve as a lesson for Indonesia so that future regulations can take into account the balance of rights between well-known trademarks and other trademarks in order to avoid market monopoly.
Rawls’s Justice as Fairness and Indonesian Health Policy: A Doctrinal Framework for Equity-Oriented Reform Alexander Samosir, Tony Richard; Susanto , Mei
JUSTISI Vol. 12 No. 1 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.4556

Abstract

The study aims to analyze the application of John Rawls' Theory of Justice in Indonesia's health system policy, emphasizing how principles of justice can promote fairness and equality in the provision of health services, especially for disadvantaged populations.The method used was a judicial normative (doctrinal) approach. This study critically reviewed legal and philosophical texts relevant to the Indonesian health policy framework, integrating Rawls' theory as an analytical lens.The novelty of this research lies in the operationalization of Rawls' abstract philosophical principles into a structured evaluation framework (Rawlsian grid) and its application to the Indonesian socio-political and cultural context. This allows for a systematic assessment of inequalities in the health system and proposals for equitable policy solutions.The findings show that programs such as the National Health Insurance Scheme (JKN) have contributed to broader access to health care, but disparities remain in remote and underdeveloped areas. Using the Rawlsian grid, the study highlights challenges in budget allocation, health worker distribution, and infrastructure access. Recommended strategies include reallocating health budgets, fair distribution of health workers, expansion of telemedicine, and participatory planning.The concludes that integrating Rawlsian principles of justice through a structured evaluation framework can support a more inclusive and sustainable health system in Indonesia, ensuring fair and equal access to quality health services for all citizens.
Reconstruction of Criminal Liability Against Digital Platforms in Cases of Human Trafficking in the Virtual World Arief, Mgs Royhan; Martono, Nurwijoyo Satriyo Aji; Fikri, Ahmad Ma'mum
JUSTISI Vol. 12 No. 1 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.4477

Abstract

The study aims to critique the shortcomings in the TPPO Law and ITE Law, which do not yet regulate strict liability for digital platforms. Therefore, this study focuses on analyzing the importance of criminal liability reform and the integration of due diligence principles and progressive sanctions for digital platforms. The method used in this study is a normative juridical approach, focusing on the analysis of legal norms relevant to the issues of digital human trafficking and corporate responsibility. The novelty of this study provides further insight into the reform of the criminal liability system and the integration of the principles of due diligence and progressive sanctions for digital platforms. The results of the study show that the involvement of digital platforms in human trafficking has become a serious challenge in the digital age, where technology is used for online recruitment, coordination, and exploitation of victims. Although Law Number 21 of 2007 concerning the Eradication of Criminal Acts of Trafficking in Persons (TPPO Law) regulates aspects of human trafficking, this regulation does not explicitly stipulate the responsibility of digital platforms, creating a legal loophole that is exploited by criminals. Therefore, in this case, The concluded findings of this study indicate that reform of the criminal liability system is necessary by integrating the principle of due diligence, which requires technology companies to take preventive measures such as user identity verification, artificial intelligence-based content monitoring, and reporting suspicious activities to the authorities. In addition, the application of progressive sanctions, such as fines proportional to company revenue or operational restrictions for negligent platforms, can increase corporate accountability.
The Investigation Process of Sexual Abuse Crimes Against Victims with Disabilities Hoke, Yosua Yulio; Tuasikal, Hadi
JUSTISI Vol. 12 No. 1 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.4073

Abstract

This study aims to analyze the investigation process of sexual abuse crimes against persons with disabilities at the Sorong City Police Station and identify the factors that cause children with disabilities to be vulnerable to becoming victims. The research method used an empirical juridical approach with qualitative methods. Data were collected through in-depth interviews with investigators from the Sorong City Police Station's PPA Unit, analysis of legal documents such as the Criminal Procedure Code, Law No. 8/2016 on Persons with Disabilities, and Law No. 12/2022 on Sexual Violence Crimes, as well as field observations and literature studies. The novelty of this research lies in the development of an integrative investigation model based on trauma-informed care, specifically designed for the context of Sorong City, taking into account the unique characteristics of Eastern Indonesia. Unlike previous studies, which tended to be partial and theoretical, this study presents a holistic approach that integrates various important dimensions into a single operational framework that is ready for implementation. The results of the study show that the investigation process faces obstacles in the form of difficulties in communicating with victims with disabilities, limited evidence, and a lack of supporting facilities. Effective solutions include adaptive communication approaches and multisectoral collaboration. Factors contributing to the vulnerability of victims include the exploitation of their powerlessness by perpetrators,  the lack of inclusive sex education, social stigma, and the victims' dependence on perpetrators, who are often people close to them. These findings indicate the need for a specialized investigation approach and holistic prevention strategies. In conclusion, the investigation process for sexual abuse cases against persons with disabilities requires a specific approach that considers the needs of victims, including investigator training, adaptive communication protocols, and strengthening of supporting infrastructure. Prevention efforts should focus on eliminating vulnerability factors through strengthening inclusive sex education and public awareness campaigns.
Indigenous Perspectives at the Core: Addressing Legal Barriers to Sustainable Growth in Indonesia Al Fajri, Riyan
JUSTISI Vol. 12 No. 1 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.4426

Abstract

This study aims to analyze the recognition and protection of Indigenous peoples' rights in Indonesia within the context of sustainable development.  The method used in this study is a rigorous normative legal research method using a qualitative approach, focusing on the systematic interpretation of the 1945 Constitution of the Republic of Indonesia and key sectoral laws: Law No. 5/1960 on Basic Agrarian Law, Law No. 41/1999 on Forestry, Law No. 18/2004 on Plantation, and Law No. 6/2014 on Villages. The novelty of this study stems from its integrative approach, which merges normative legal analysis with socio-economic perspectives to explore the multifaceted relationship between Indigenous rights and sustainable development. The results indicate that while formal recognition exists, its implementation is fundamentally impaired by a normative vulnerability in the national legal system. The conclusions of this study state that recognizing and protecting Indigenous rights is crucial for achieving sustainable development goals and recommends the need for accelerated legal recognition, enhancement of the One Map Policy, and better legal protections (including legal aid and mediation platforms) for Indigenous communities.

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