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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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The Role of the Srikandi Tani 09 Women Farmers Group in Fulfilling the Right to a Healthy Environment Nurdiyana , Nurdiyana; Suanto, Suanto; Rustandi, Roni; Handayani, Trisakti; Rumiati, Sri
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 Pratama, Narendra Tricahya; Tan, Winsherly; 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 Muhni, Afif; Basri, Muhammad; Rivanie, Syarif Saddam; Muthia, Nuriyah Fara; Amri, Ulil
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 Nurfuzi Sari Hendona, Diovanni; Suherman, Ade Maman; Koswara, Indra Yudha; Setiady, Tri; Triyunarti, Wiwin
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 Nafirah, Siti Adinda; 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.

Page 29 of 29 | Total Record : 285

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