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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 292 Documents
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The Role of the Srikandi Tani 09 Women Farmers Group in Fulfilling the Right to a Healthy Environment Nurdiyana Nurdiyana; Suanto Suanto; Roni Rustandi; Trisakti Handayani; Sri Rumiati
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.v12i2.5017

Abstract

This study aims to analyze the role of the Srikandi Tani 09 Women Farmers Group (KWT) in realizing the right to a healthy environment as part of the implementation of human rights at the community level in South Tangerang City. This study also identifies the supporting factors and barriers that influence the group’s environmental advocacy activities and examines its contribution to the realization of human rights-based sustainable development. This study employs a qualitative descriptive method, with data collected through interviews, observations, and documentation involving five active members of the PKK organization who participate in KWT activities. The data were analyzed thematically to gain a comprehensive understanding of community-based environmental practices. The novelty of this research lies in its focus on integrating gender empowerment and ecological participation in realizing the constitutional right to a healthy environment, positioned within a human rights perspective. The findings indicate that KWT Srikandi Tani 09 plays an active role in raising environmental awareness, managing limited land for urban agriculture, and processing organic waste into useful materials. The success of these activities is supported by participatory leadership, community solidarity, and collaboration with local government agencies, while challenges arise from limited land, funding, and public environmental awareness. Conclusions from the study indicate that the group’s activities significantly contribute to realizing the right to a healthy environment and the empowerment of women as key actors in sustainable community development.
Legal Effectiveness of E-Purchasing Implementation in Government Procurement: An Empirical Study from fhe Perspective of Transparency and Fairness in Indonesia Narendra Tricahya Pratama; Winsherly Tan; Nurlaily Nurlaily
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.v12i2.5264

Abstract

This study aims to analyze the effectiveness of e-purchasing implementation in the government sector from the perspectives of transparency and fairness. The method used in this study is empirical approach with data collected through interviews, observation, documentation, and literature review. Data were analyzed qualitatively using a descriptive-analytical method based on Soerjono Soekanto’s theory of legal effectiveness. The research was conducted in Indonesian government agencies, involving Commitment-Making Officials (PPK) and Budget-Using Officials (KPA) as informants. The novelty of this research lies in the gap between the ideal (das sollen) and reality (das sein) in the implementation of e-purchasing, where, normatively, this system is designed to ensure transparency and accountability; however, in practice, deviations as well as structural and cultural barriers within the procurement bureaucracy are still observed. The results of the study show that although regulations governing the procurement of goods and services are sufficiently robust, the implementation of e-purchasing still faces various challenges, such as technical system barriers, resistance from procurement officials, infrastructure limitations, and a bureaucratic culture that does not yet fully support the principle of transparency. Additionally, indications of fictitious procurement practices were found, suggesting weak oversight and enforcement of the law. Conclusion of this study is that the effectiveness of e-purchasing implementation has not yet been fully achieved. Therefore, it is necessary to strengthen technical regulations, improve human resource capacity and infrastructure, foster a bureaucratic culture that is transparent and accountable, and implement stricter and more systematic oversight to ensure that e-purchasing truly becomes an instrument of procurement modernization oriented toward the public interest.
From Contractual Breach to Corporate Criminal Liability: Exploitation of Debtor Data by Account Officers in Indonesia Afif Muhni; Muhammad Basri; Syarif Saddam Rivanie; Nuriyah Fara Muthia; Ulil Amri
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.v12i2.5298

Abstract

The aim of this study is to analyze criminal liability for data exploitation committed by an AO in order to establish corporate liability against the receiving bank. The method used in this study is a normative approach with legal and conceptual perspectives. This study analyzes the shift in the nature of illegality from a breach of contract to criminal data exploitation. The novelty of this study demonstrates that recipient banks, which derive economic benefits from such illegal data, qualify as Beneficial Owners subject to corporate criminal liability under the doctrine of Vicarious Liability. The results of this study indicate that the transfer of data without specific written consent constitutes a criminal offense under Article 65(2) of the Personal Data Protection Act. Conclusion This study recommends the establishment of criminal policies based on Economic Analysis of Law, applying cumulative sanctions: imprisonment for individuals and substantial administrative fines for corporations. This step is crucial to eliminate the economic incentives behind data crimes and ensure legal certainty in the digital banking environment.
Reconceptualizing Legal Protection for Drug Addicts: A Restorative Justice Perspective in Indonesia Diovanni Nurfuzi Sari Hendona; Ade Maman Suherman; Indra Yudha Koswara; Tri Setiady; Wiwin Triyunarti
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.v12i2.5132

Abstract

This study aims to analyze legal protections for drug addicts and to examine the relevance of applying restorative justice within the Indonesian criminal justice system, particularly in recognizing addicts as legal subjects who possess a dual role as both perpetrators and victims. The methods employed are normative legal analysis using statutory, conceptual, and case-based approaches, analyzed qualitatively through primary legal sources, court rulings, and relevant academic literature. The novelty of this study lies in the development of an integrated analytical model that combines legal protection theory, victimology, and the principles of restorative and rehabilitative justice, while formulating a regulatory harmonization model that positions drug addicts as subjects of legal protection within narcotics policy. The findings indicate that the legal status of drug users within Indonesia’s criminal justice system remains ambiguous, leading to the dominance of a repressive approach that conflicts with the principle of rehabilitation. The normative inconsistency between Articles 54 and 103 and the criminalization provisions in Article 127 of Law No. 35 of 2009, as well as the disharmony with criminal procedure law and the internal policies of law enforcement agencies, creates legal uncertainty in practice. The conclusions of this study affirm that regulatory reform is needed, oriented toward strengthening rehabilitation as a right of drug users, strengthening rehabilitation institutions, reducing social stigma, and optimizing restorative justice approaches to realize a criminal justice system that is more just, humane, and sustainable.
Legal Vacuum in Deferred Prosecution Agreements and Its Implications for Law Enforcement Disparity in Indonesia Siti Adinda Nafirah; Nanda Yuniza Eviani
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.v12i2.5492

Abstract

This study aims to analyze various normative and procedural weaknesses within the framework of Deferred Prosecution Agreements (DPAs) in Indonesia, particularly regarding the lack of established sentencing guidelines and proportionality parameters, the lack of clarity regarding methods for calculating state financial losses, limited transparency, and inadequate procedural safeguards. This study employs a normative legal research methodology with a qualitative approach, utilizing a statutory approach, a conceptual approach, and a comparative approach. The study focuses on relevant legislation, doctrinal constructs, and institutional designs related to the regulation of DPA in Indonesia. Additionally, this research compares regulatory frameworks in the United States, the United Kingdom, and Singapore to identify governance models and procedural safeguards that can be applied in negotiation-based corporate law enforcement. The novelty of this research lies in the analysis of DPAs, which is not only situated within the context of prosecutorial discretion but also in relation to the corporate insolvency regime, including bankruptcy and debt repayment deferral (PKPU). The results of the research indicate that DPA regulations in Indonesia have not yet been established through an adequate framework. These issues are evident in the absence of sentencing benchmarks and proportionality, the lack of uniformity in methods for assessing state losses, low transparency, and the fragility of procedural accountability. This situation creates room for unfocused prosecutorial discretion, inconsistent application of the law, and potential disparities in the outcomes of negotiated justice. The conclusion of this study is that the implementation of DPAs in Indonesia requires an integrated governance framework, emphasizing structured discretion, clear measures of proportionality, judicial oversight, transparency, and interagency coordination. Strengthening these aspects is necessary to ensure legal certainty, maintain public trust, and uphold the legitimacy of negotiated justice in the enforcement of corporate criminal law.
The Existence of the Noken System in Simultaneous Elections in Pisugi District, Jayawijaya Regency Noor Rahmad; Eren Arif Budiman
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.v12i2.4173

Abstract

The aim of this study is to examine the existence of the noken electoral system in the 2019 elections in Pisugi District, Jayawijaya Regency. This study will further analyze the status of the noken electoral system within the national legal framework. The study employs an empirical legal method, which involves observing actual conditions within the community. The novelty of this research lies in the fact that indigenous communities must preserve the existence of the Noken electoral system, and the government must issue policies in the form of written regulations within the national legal system so that the Noken electoral system can become a democratic identity for indigenous communities in the mountainous regions of Papua. The results of the study found that there is a necessity to urge the Constitutional Court to ratify the Noken Electoral System, which is a cultural heritage of indigenous communities that must be preserved and protected. When the Constitutional Court sets aside written prohibitions to uphold justice for indigenous communities still living in the mountainous regions, its philosophical principles are also reflected. The conclusion of this study is that the government must issue written regulations regarding the Noken electoral system to serve as the foundation of the national legal system. Thus, by establishing written regulations regarding the Noken system, it will serve as a model for other regions in implementing electoral systems in accordance with their local wisdom.
Reconsidering the 30% Gender Quota: A Feminist Legal Analysis of Women's Parliamentary Representation in Indonesia Raju Moh Hazmi; Nurul Adhha; Sari Sari; Ade Mulyawan
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.v12i2.5150

Abstract

This study examines the ratio legis underlying the 30% quota for women’s parliamentary representation and the causal dimensions of this figure not being met. Why was 30% set as the benchmark for female representation in parliament? Has 30% female representation in parliament been achieved in Indonesia's legislative elections? If not, why is this the case? The method Framed within a normative paradigm, the study analyzes primary/secondary/tertiary legal documents through philosophical, conceptual, and legislative approaches, applying a qualitative, explanatory–descriptive analysis. Novelty the present study will examine the ratio legis that underpins the 30% representation figure, and the causal factors that contribute to the failure to meet this figure. The following analysis will employ a radical feminist legal theory. The analysis that follows consolidates the relevant research landscape. The Results A thirty-percent threshold for women’s participation is in place adopted by Indonesia is not a 'magical a priori' figure, but rather a minimum policy threshold that has emerged from mainstream global norms, supported by human rights obligations (CEDAW), and has an epistemological foundation regarding how numbers affect institutional dynamics (anti-tokenism). The causal justification for the failure of the 30% quota is influenced by a number of factors, including patriarchal culture, party pragmatism and legal structures. The Conclusion the 30% ratio is intended as a corrective tool to shift from formal equality to substantive equality by creating a critical mass so that women's voices are not merely tokenistic. The failure of this threshold reveals a pseudo-neutral legal structure quotas in Indonesia bind candidate lists (descriptive representation) in an open list proportional system without locking in seats (substantive representation), allowing structural barriers political costs, patronage networks, and masculine culture to persist.
Digital Governance and the AUPB: A Legal Analysis of the Implementation of the SIPD in Raja Ampat Fenita Malendes; Dwi Pratiwi Markus; Anggun Kirana
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.v12i2.5296

Abstract

This study aims to analyze the implementation of the Local Government Information System (SIPD) in local financial management in Raja Ampat Regency. The method used is an empirical-juridical approach, analyzing the relationship between the legal norms governing the SIPD and the reality of its implementation in the field. The novelty of this study compared to previous research lies in the analysis of the implementation of the Local Government Information System (SIPD) in the Raja Ampat archipelago using the Principles of Good Governance (AUPB) as an evaluation framework within the study of administrative law. The findings indicate that although the Raja Ampat Regency Government has fulfilled its normative obligations in implementing the SIPD across the entire cycle of regional financial planning and management, the effectiveness of its implementation remains hindered by limited internet connectivity, national server disruptions, low human resource capacity, and resistance to digital transformation factors that collectively result in a significant deviation between “law in the books” and “law in action.” The AUPB analysis reveals that the principles of legal certainty, accuracy, efficiency, effectiveness, transparency, and justice have not been optimally fulfilled. The conclusion of this study emphasizes the need for policies that are more adaptive to the geographical characteristics and institutional capacities of island regions, including the strengthening of digital infrastructure and the continuous improvement of civil servants’ technical competencies.
Fulfillment of the Rights of Persons with Disabilities in Yogyakarta Under DIY Regional Regulation No. 4 of 2012 Amalia Azahra; Ninuk Wijiningsih
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.v12i2.5388

Abstract

This study aims to analyze the conformity between the Regional Regulation of the Special Region of Yogyakarta Number 4 of 2012 concerning the Protection and Fulfillment of the Rights of Persons with Disabilities and Law Number 8 of 2016 concerning Persons with Disabilities, as well as to examine the implementation of the rights fulfillment of persons with physical disabilities by the Yogyakarta City Government. This research employs a normative legal method using statutory and conceptual approaches, supported by primary data obtained through interviews with officials of the Yogyakarta City Social Service Office. The collected data were analyzed qualitatively using deductive reasoning. The novelty of this study lies in its comprehensive assessment of not only the harmonization of national and regional legal frameworks but also the effectiveness of policy implementation through the role of local government in fulfilling the rights of persons with physical disabilities. The findings reveal that Regional Regulation Number 4 of 2012 is substantially aligned with Law Number 8 of 2016 in guaranteeing rights related to education, healthcare, employment, accessibility, and public services. However, its implementation remains suboptimal due to limited accessibility facilities, inadequate supervision, inaccurate disability data, and persistent social stigma. This study concludes that while normative legal conformity has been achieved, the effective fulfillment of the rights of persons with physical disabilities requires stronger oversight, improved accessibility, and more inclusive policy implementation.
The Authority of the Public Notary to Include Fingerprint Documents in Deeds to Prevent Document Forgery Ahmad Raihan
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.v12i2.5397

Abstract

This study aims to analyze the authority of Land Deed Officers (PPAT) to affix the fingerprints of the parties as supplementary documents to the original deed, as well as to examine the formulation of regulations regarding the obligations of PPATs to prevent the criminal act of document forgery. The research method employs a normative legal approach, focusing on the construction of PPAT obligations under Government Regulation No. 37 of 1997 on Land Deed Officers. The novelty of this research lies in the construction of obligations for PPATs that have not yet been specifically regulated in either official regulations or technical provisions for deed preparation. This construction aims to provide legal certainty for general PPATs, temporary PPATs, and special PPATs in their efforts to prevent the criminal act of document forgery. The findings indicate that the affixing of fingerprints on the draft deed is not explicitly regulated in either the PPAT’s official regulations or the technical provisions for deed preparation. The reconstruction of the PPAT’s obligation to affix fingerprints on deed drafts can be achieved by updating Article 21 of Government Regulation No. 37 of 1998, which focuses on authentication mechanisms, standardization of procedures, and sanctions. This study concludes that the affixing of fingerprints to documents essentially plays a significant role, not only as a substitute for a signature but also as a preventive measure against the criminal act of document forgery. However, this attachment requires a clear legal basis so that all Public Notaries (PPATs) have a common foundation for requiring parties to affix their fingerprints on supplementary documents to be attached to the original deed.

Page 29 of 30 | Total Record : 292

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