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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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Application of the Precautionary Principle in Hazardous Waste Transportation: Environmental Law Study on Licensing and Supervision Systems Suryadi, Frisca Imanuel; Maret Priyanta; Nadia Astriani
JUSTISI Vol. 12 No. 1 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.4987

Abstract

This study aims to analyze the application of the principle of prudence in the legal system for the transportation of hazardous and toxic materials (B3) in Indonesia through a case study of the sodium hydroxide (NaOH-48) leak by CV. Yasindo Multi Pratama in West Bandung Regency. The method used in this study is the doctrinal legal method with a normative juridical approach, accompanied by an empirical case study of violations of technical permits, vehicle feasibility, and driver certification in the B3 transportation process. The novelty of this research lies in the integration of analysis between the principle of prudence as an environmental law principle and the technical transportation licensing system, which has not been studied in depth in the context of cross-sectoral supervision. The results of the study show that the application of the precautionary principle is still not effective because of its formalistic nature, which has prevented its systemic implementation. Furthermore, weak coordination between agencies, low compliance with regulations by business actors, and the absence of adequate preemptive mechanisms in the form of education and socialization are also factors that hinder the effectiveness of this principle. This study concludes that the effective application of the principle of prudence in the transportation of hazardous materials requires a reformulation of policies that emphasizes the integration of preemptive, preventive, and repressive measures, while affirming the multiple responsibilities of the government as the holder of the public protection mandate and business actors as the main subjects of the principle of strict liability.
The Role of Traditional Leaders in Rote Ndao in Case Resolution through Restorative Justice Febrianty, Yenny; Jayawinangun, Roni; Jonathan Rey Cusa; Rindiana Larasati
JUSTISI Vol. 12 No. 1 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.4990

Abstract

This study aims to analyze the role of traditional leaders in Rote Ndao in resolving cases based on restorative justice and to assess the effectiveness of traditional mechanisms in realizing restorative justice at the local level. The method used in this study is a normative juridical approach supported by factual data obtained through literature study, analysis of legislation, and review of literature related to customary dispute resolution practices in Indonesia. The novelty of this research lies in the integration model between Rote Ndao customary law and the principles of restorative justice in handling minor crimes. This model shows that customary mechanisms can serve as an alternative means of case resolution that is in line with substantive justice and local values. The results of the study show that customary leaders play a strategic role as mediators and facilitators of deliberations who are able to resolve cases peacefully without going through litigation. This mechanism not only resolves conflicts but also restores social relations, strengthens community solidarity, and preserves local wisdom values. Conclusion The role of traditional leaders in Rote Ndao is highly relevant to be strengthened as part of dispute resolution policies at the local level. This approach can be used as a model for other regions in integrating customary law and positive law to achieve substantive justice and social sustainability.
Restorative Justice in Cases of Child Sexual Abuse by Children: Between Child Protection and the Enforcement of Justice Permas Teti; Somawijaya, Somawijaya; Budi Arta Atmaja
JUSTISI Vol. 12 No. 1 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.4983

Abstract

This study aims to evaluate the application of restorative justice in cases of child molestation by children, by analyzing its legal and ethical implications. The method used was empirical jurisprudence with an interdisciplinary approach that integrated law, social sciences, and psychology, with a descriptive analytical research specification. Data were obtained through field studies and literature reviews, then analyzed qualitatively. The novelty of this research lies in its specific examination of the legal and ethical implications of applying restorative justice in cases of child molestation by children, which have often been resolved through amicable agreements between parents without considering the best interests of the child victims. The findings of this research show that restorative justice has the potential to neglect the protection of victims and the enforcement of justice, as well as eliminate the legal responsibility of the child perpetrator. The conclusion of this study confirms that the application of restorative justice in cases of child molestation by children is not in line with applicable legal provisions and has the potential to cause injustice, so it is not appropriate to apply it given its serious impact on the psychological condition and future of the child victim.

Page 28 of 28 | Total Record : 273

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