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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 285 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.
Reading the Character of the Pata Dela Customary Law in Sustainable Forest Management and Food Security of the Ngadhu Bhaga Community Geme, Maria Theresia; Ferdinandus Ngau Lobo; Lay, Benediktus Peter; Maran, Mary Grace Megumi
JUSTISI Vol. 12 No. 2 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i2.5066

Abstract

This study aims to discover legal characteristics, namely behavioral norms in pata dela, particularly those related to sustainable forest development and food security. The method used in this study is empirical legal research conducted in Rakalaba Village, West Golewa District, Ngada Regency, East Nusa Tenggara Province. The approaches used in this study are legal sociology, philosophy, legal history, and conceptual approaches. The data used in this study are primary and secondary data.  The data were processed and then analyzed using descriptive qualitative methods. The novelty of this study focuses on the character of legal norms, namely the commands and prohibitions contained in the local wisdom of pata dela. These legal norms serve as guidelines for realizing sustainable forestry development that has an impact on food security. The results of the study show that the Ngadhu bhaga customary law community has an oral tradition called pata dela or ancestral teachings. Pata dela contains primary legal norms, namely commands marked with the word bodha, which means mandatory. In addition, pata dela also contains prohibitions marked with the word ma'e, which means forbidden. Pata dela plays a role in sustainable forest development based on customary law. For example, in the command “Bodha sepe ne'e de kenge, latu ne'e de kabu” and the prohibition “Ma'e rawu dhapi kabu, ma'e sa'a dhapi tara”. Through this oral tradition, the community can ensure that plants continue to grow. Pata dela also has implications for realizing food security for the Ngadhu Bhaga community. It contains commands and prohibitions that reflect an ecological understanding that food crops must be sustained so that they remain available over time. Food security is not only a matter of the availability of food at present, but also a guarantee that future generations will continue to have access to quality food sources. Conclusion of this study is that Pata dela contains primary legal norms that include commands and prohibitions. Pata dela is still alive and is still used as a guideline in sustainable forest development to achieve food security.
Reassessing Trade Unions’ Role in Achieving Fair Industrial Relations Adhi, Panji Purnomo; Naning Indriyawati; Basuki Tri Setiawan; Dara Puspitasari
JUSTISI Vol. 12 No. 2 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i2.5261

Abstract

This study aims to analyze the role of labor unions in achieving industrial relations justice in Indonesia and to identify whether the legal issues that arise stem from weaknesses in the norms or from the effectiveness of implementing the norms of freedom of association. This study uses a normative-conceptual legal method by examining constitutional provisions, labor laws and regulations, ILO conventions, as well as industrial relations theory and theories of justice. Data were obtained through a literature review encompassing primary, secondary, and tertiary legal sources, and were then qualitatively analyzed to assess the effectiveness of trade unions’ role within the national labor law system. The novelty of this research lies in the assertion that the primary issue in achieving industrial relations justice does not stem from a lack of legal norms, but rather from the gap between the normative guarantees of freedom of association and their implementation in industrial relations practice. The results of the study indicate that, normatively, the legal framework regarding freedom of association and the role of labor unions is adequate. Trade unions serve as providers of legal protection, balancers of bargaining power in collective bargaining, and facilitators of tripartite social dialogue. However, the effectiveness of these roles still faces obstacles in the form of limited institutional capacity, organizational fragmentation, increasing flexibility in employment relationships, and suboptimal law enforcement. The conclusion of this study is that efforts to improve industrial relations justice must be directed toward strengthening the effectiveness of the implementation of freedom of association norms through institutional strengthening of labor unions, consistent labor oversight, and the state’s commitment to ensuring substantive protection of the right to organize.
Rethinking Dispute Resolution: Moi Customary Law within Indonesia’s Legal Pluralism Lestaluhu, Rajab; Sokhib Naim; Cintia Dwi Puspita; Sayed Husaini; Hidaya, Wahab Aznul
JUSTISI Vol. 12 No. 2 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i2.4872

Abstract

This study aims to analyze the process of resolving customary land disputes among the Moi indigenous community and to identify the obstacles faced within the framework of legal pluralism in Indonesia. This study employs a normative legal research approach (doctrinal legal research), focusing on the analysis of legal norms, principles, and doctrines related to customary law and national law. Data were collected through literature review, including primary, secondary, and tertiary legal materials, and analyzed using a qualitative normative method with interpretive and comparative approaches. The novelty of this study lies in the development of a reimagined dispute resolution approach by integrating Moi customary law into the discourse of Indonesian legal pluralism, which highlights normative and socio-cultural dimensions. The results of the study indicate that dispute resolution among the Moi community prioritizes non-litigious mechanisms based on deliberation, the principles of restorative justice, and local wisdom values, with the Customary Institution (LMA Malamoi) playing a central role. However, this process faces significant obstacles, including emotional factors, low legal awareness, unclear land boundaries, overlapping ownership claims, and external intervention. This study concludes that while customary mechanisms are effective in maintaining social harmony, their interaction with the formal legal system poses challenges within the context of legal pluralism. Therefore, harmonization between customary law and state law, strengthening customary institutions, and enhancing public legal awareness are crucial for achieving fair, effective, and sustainable dispute resolution.
The Indonesian economic Constitution from the perspective of Franz Böhm and Walter Eucken for a just Market Elfikri, Nurul Fazri; Kadir, Muhamad Khairun Kurniawan; Muhtar, Mohamad Hidayat; Piyo, Sofyan; Amrain, Fitran; Hadju, Zainal Abdul Aziz
JUSTISI Vol. 12 No. 2 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i2.4769

Abstract

This study aims to reconstruct the implementation of Article 33 of the 1945 Constitution through the framework of Ordnungspolitik developed by Franz Böhm and Walter Eucken. The study is grounded in the existence of imbalances in the normative, institutional, and functional dimensions of Indonesia’s economic system, which hinder the realization of the principles of solidarity and social justice. This study uses a normative legal methodology with a conceptual and comparative approach to legal thought. The analysis examines the comprehensive text of the amendments to the 1945 Constitution, sectoral regulations (such as the Job Creation Law and the Mining and Energy Law), as well as Constitutional Court rulings related to the economy. Data is analyzed qualitatively to align the principles of the German economic order (Ordoliberalism) with the values of the Indonesian Constitution. The novelty of this study lies in offering a new interpretive model for Article 33 of the 1945 Constitution by positioning the state as the architect of the market order (rather than merely a passive actor or regulator). Its innovation lies in integrating the substantive rule of law of Ordnungspolitik to limit the concentration of private economic power, which often distorts the constitutional mandate. The results show that Ordnungspolitik provides operational instruments for Indonesia to achieve distributive justice through two main channels: (1) strengthening the independence of competition oversight agencies to the level of constitutional institutions, and (2) codifying economic laws that guarantee market access rights for small businesses. This interpretation shifts the paradigm of Article 33 from mere symbolism regarding “cooperatives” to a binding norm that obligates the state to undertake structural interventions to maintain market integrity. The conclusion is that integrating the principles of Ordnungspolitik into the national legal system can serve as a solution to Indonesia’s economic institutional failures. This study recommends restructuring economic public policy to prioritize healthy competition and the protection of social rights as an inseparable legal order.
Greed as the Root of Organized Crime: A Criminological Analysis of Fuel Adulteration Practices in the Oil and Gas Sector Azkira, Nisa
JUSTISI Vol. 12 No. 2 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i2.5201

Abstract

This study aims to analyze the practice of fuel adulteration as a form of organized economic crime that arises from social relationships and power structures within the management of the oil and gas sector. The research method employed is a normative legal approach, utilizing a literature review through the analysis of regulations, legal references, as well as criminological theory and moral philosophy. The novelty of this study lies in the reinterpretation of the concept of greed, which is not merely viewed as an individual psychological drive but also as a moral element that transforms into systemic crime through economic and political mechanisms. The findings of this study indicate that: (1) the practice of fuel adulteration reflects low moral integrity in the management of the oil and gas sector; (2) the existing oversight and law enforcement systems have failed to halt the chain of crime; and (3) this crime is systemic in nature because it is supported by a pattern of negligence and a structured network of interests. The study concludes that addressing fuel blending crimes requires an integrated approach that focuses not only on punishing perpetrators but also on structural reforms in legal governance and strengthening public ethics to prevent the recurrence of similar crimes.
Cultural-Based Dispute Resolution in the Kankain Karkara Mananwir System of the Byak Community in Papua Wutwensa, Bruri Marwano; Lembang, Nisrawanty
JUSTISI Vol. 12 No. 2 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i2.5258

Abstract

This study aims to examine the culturally based dispute resolution system known as Kankain Karkara, administered by the Mananwir customary institution within the Byak community in Biak, Papua, and to analyze its role in restoring social harmony amid the coexistence of formal and customary legal systems, including in disputes involving migrants. This study uses a legal anthropology approach through participant observation and in-depth interviews with customary authorities and community members, both indigenous residents and migrants. The analysis is grounded in the framework of legal pluralism and the concept of semi-autonomous social fields to examine the relationship between state law and customary law in dispute resolution practices. The novelty of this research lies in the finding that the Kankain Karkara system is not confined to homogeneous customary communities but operates as an inclusive and restorative mechanism capable of integrating migrants as subjects of dispute resolution through reconciliation processes based on local values. In addition, this study identifies the phenomenon of post-adjudication, in which disputes that have been formally decided by state courts continue to be processed through customary forums to achieve social certainty and the restoration of inter-family relations. Findings show that the Kankain Karkara system operates through a tiered and restorative mechanism involving two levels of customary authority: Mananwir Keret, which addresses intra-clan disputes based on reputational–ethical authority, and Mananwir MNU, which functions as a mediator for inter-community and cross-identity disputes through structural–genealogical authority. This study concludes that the coexistence of formal and customary justice systems Biak does not represent a jurisdictional conflict but rather a form of complementary functional differentiation, in which state courts provide procedural certainty, while Kankain Karkara delivers substantive justice through reconciliation and the restoration of social order.
Corporate Criminal Liability in Tax Offenses Simanjuntak, Reynold; Aldy Yohanes Manueke
JUSTISI Vol. 12 No. 2 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i2.4745

Abstract

This study aims to analyze the legal framework governing corporate criminal liability in the context of tax offenses. This study uses a normative juridical method with a statute approach, a case approach, and a conceptual approach. The novelty of this research lies in its critical analysis of the inconsistency found in tax crime cases: a discrepancy between the judges' legal reasoning, which acknowledges corporate fault, and the final verdicts, which ultimately only impose criminal sanctions on the corporate officers. The results highlight a significant regulatory gap, as the current tax criminal framework lacks explicit corporate sanctions. In practice, this issue is compounded by judicial inconsistency, where court rulings impose penalties solely on corporate directors, even when the corporation's role in profiting from the crime is acknowledged by the court. The  conclusion of  the  research that a normative vacuum in the undang-undang perpajakan, compounded by judicial inconsistencies regarding corporate tax offenses, results in significant legal uncertainty. Consequently, legislative amendments are required to unequivocally establish the principles of corporate accountability.

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