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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 298 Documents
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Diversion and Juvenile Narcotics Sentencing: Indonesia and Japan Comparison under Pancasila Justice Mulyadi Alrianto Tajuddin; Jumriani Nawawi; Jaco Barkhuizen
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.v12i2.5456

Abstract

This study aims to analyze the policy of diversion and criminalization of children in narcotics cases in the juvenile criminal justice system in Indonesia, and compare it with practices in Japan to identify systemic problems that hinder rehabilitative orientation. This study uses normative legal methods with legislative, conceptual, and comparative approaches. The analysis focused on the provisions in Law No. 11 of 2012 concerning the Juvenile Criminal Justice System and Law No. 35 of 2009 concerning Narcotics, as well as their comparison with the welfare-oriented juvenile justice system in Japan. The novelty of this research lies in the placement of Pancasila justice as an evaluative framework in analyzing the design of the juvenile criminal justice system, so that diversion is not understood solely as a procedural mechanism, but as a systemic principle that must integrate rehabilitation and social reintegration. The findings of the study show that the failure to implement diversion in narcotics cases against children is more due to normative restrictions and fragmentation of goals between criminal justice subsystems, rather than solely by technical implementation issues. This study concludes that policy reconstruction is needed by placing rehabilitation as the main response and imprisonment as the ultimate remedium, in order to realize child protection that is in line with human values and social justice within the framework of Pancasila justice.
Restoration of Property Rights over Destroyed Land: Comparative Legal Analysis of Indonesia and the Philippines Adya Nurnisa; Retno Saraswati; Ana Silviana
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.v12i2.5505

Abstract

This study aims to identify and analyze a comparison of the models for restoring property rights over land affected by destruction implemented by Indonesia and the Philippines, with a view to improving the legal system governing destroyed land in Indonesia in the future. This study employs a doctrinal research method using statutory, conceptual, and comparative approaches. This study involves the collection and inventory of regulations regarding destroyed land in both Indonesia and the Philippines, followed by a descriptive analysis. The novelty of this study lies in the conclusion that Indonesia needs to adopt a legal certainty framework for destroyed land using a hybrid model namely, judicial reconstruction and administrative reconstruction The results of this study indicate that current regulations on lost land in Indonesia provide an opportunity for original titleholders to reclaim lost land within a one-year period; if they cannot prove ownership, it is not recognized as such. In contrast, unlike the Philippines, which uses a hybrid model to guarantee and recognize its citizens’ property rights through judicial and administrative reconstruction, provided they possess “legal title” registered with the Land Registration Authority. The conclusion of this study indicate that the current policy framework for land loss in Indonesia should take into account models for restoring property rights following land loss or damage that exist in other countries, such as the Philippines. This is to ensure that property rights
Criminal Liability of Those Who Disseminate Pornographic Content from the Perspective of the Law on Information and Electronic Transactions Leonaldo Handi Lukito; Ferry Irawan Febriansyah; Yogi Prasetyo
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.v12i2.5412

Abstract

The study aims to analyze criminal liability for perpetrators who disseminate intimate content without consent (revenge porn) and to assess the effectiveness of legal protections for victims based on the framework of the Electronic Information and Transactions Law (ITE Law) and Indonesian criminal law. The method employed is normative legal research using a legislative and conceptual approach, supplemented by an examination of relevant law enforcement practices to assess the application of norms and principles of criminal liability. The novelty of this study lies in its critique of the inability of Indonesia’s cybercriminal law regime to classify revenge porn as a consent-based crime. To date, the provisions in the ITE Law have placed greater emphasis on aspects of public decency, and thus have not been fully capable of addressing the harms arising from violations of the victim’s privacy. This study proposes a new normative framework that establishes a violation of consent as the basis for criminal liability, thereby ensuring that the concept of revenge porn is understood not only as a violation of public decency but also as a violation of an individual’s right to privacy and dignity. The findings indicate that although the ITE Law has established a legal basis for criminalizing the dissemination of intimate content without consent, its implementation still faces normative and technical obstacles, such as ambiguous legal provisions, overlapping regulations with the Pornography Law and the Criminal Code, weak digital evidence mechanisms, and insufficient protection for victims who continue to suffer psychological and social harm. The conclusions of this study underscore the need for more specific regulatory updates regarding electronic-based sexual crimes, clarification of legal boundaries within the ITE Law, strengthening of the “right to be forgotten” mechanism, and capacity building for law enforcement officials so that legal protection for victims of revenge porn can be realized more effectively, fairly, and with a focus on the victims’ recovery.
The Fulfillment of the Freedom of Contract in Indonesia’s Electronic Contract Regulation: An International Law Perspective Oliviani Yanto; Indirani Wauran
JUSTISI Vol. 12 No. 3 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i3.4566

Abstract

This study aims to analyze the alignment of Indonesia’s regulations on electronic contracts with the UNCITRAL Model Law on Electronic Commerce in order to promote reforms to contract law that are more adaptable to digital developments. The digital transformation has made electronic contracts the primary means of conducting cross-border civil transactions. However, Indonesia’s regulations under the ITE Law are considered to be limited to business transactions and do not yet accommodate other civil relationships. The method used is normative legal research employing legislative, conceptual, and comparative approaches. This study analyzes the UNCITRAL Model Law on Electronic Commerce as an international legal instrument serving as a guideline for harmonization. In addition, this study also examines the ITE Law and its implementing regulations as sectoral regulations, as well as the Indonesian Civil Code as the general legal framework that should ideally serve as the overarching regulatory framework for electronic contracts. The novelty of this study lies in its analysis of the relationship between the principle of freedom of contract in the Indonesian Civil Code and UNCITRAL’s international standards, a topic rarely discussed in the national literature. The results of the study indicate that the UNCITRAL Model Law provides a flexible and universal framework consistent with the principle of freedom of contract; however, its application in Indonesia remains limited by the ITE Law’s focus solely on electronic transactions. The conclusion of this study is that harmonization of Indonesian contract law with international principles is necessary so that the regulation of electronic contracts can apply across sectors, not limited to business, and meet the dynamics of legal globalization.
Legal Strategy for Sustainable Sargassum Management to Improve the Maritime Economic of Bima Didik Irawansah; Kasmar Kasmar; Muhamad Amin; Absori Absori
JUSTISI Vol. 12 No. 3 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i3.5503

Abstract

The aim of this study is to describe the economic potential of Sargassum in supporting the maritime economy of coastal communities in Bima Regency and to conceptualize strategic legal policies for the sustainable management of Sargassum to enhance the economic competitiveness of coastal villages in Bima. The method used is an empirical legal study employing a mixed-methods approach, combining qualitative and quantitative methods. The study was conducted in the coastal village of Teluk Waworada, Bima Regency, using purposive sampling of relevant stakeholders. Data were collected through observation, interviews, questionnaires, and documentation. Analysis was conducted qualitatively through data reduction, presentation, and drawing of conclusions. The novelty of this study lies in the formulation of a legal governance policy model for Sargassum that has not been previously researched, integrating environmental protection, the empowerment of coastal communities, and the enhancement of maritime economic competitiveness in Bima Regency.  The results of the study indicate that Sargassum makes a tangible contribution to the income and economic resilience of coastal households; however, its utilization remains traditional, lacking downstream processing and legal certainty. The conclusion is that comprehensive local regulations are needed to ensure sustainability, added value, and the competitiveness of the Sargassum-based maritime economy.
Gender Dimension in Meaningful Public Participation: A Comparative Study of Village Regulation Formation in Indonesia and Poland Dian Ratu Ayu Uswatun Khasanah; Rengga Kusuma Putra; Ani Purwanti; Satriya Nugraha; Edvardas Juchnevicius
JUSTISI Vol. 12 No. 3 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i3.5493

Abstract

This study aims to analyze the gender dimension of meaningful public participation in the formulation of village regulations in Indonesia and Poland. Unlike previous studies, which generally addressed public participation, gender equality, or local governance separately and were limited to a single country, this study brings these three areas together in a cross-national comparison by assessing not only the presence of women but also their ability to influence decisions. The method of this study employs a qualitative approach with a normative-sociological comparative design. Secondary data in the form of legislation, scholarly articles, research reports, and policy documents were collected through a literature review and analyzed using document analysis, thematic analysis, and cross-national comparison. The novelty of this study lies in the development of a comparative framework linking four elements: legal guarantees, access to participation, women’s representation, and substantive influence on regulations. The results show that the legal frameworks of both countries have provided channels for local participation; however, provisions that tend to be gender-neutral have not yet guaranteed women’s substantive involvement. In Indonesia, village deliberations are more heavily influenced by social hierarchy, patriarchal norms, the dominance of the male elite, and women’s limited access to information and legal literacy, resulting in participation that is often merely procedural. In Poland, public consultations and local councils have more formal institutional structures and relatively more open access, but gender stereotypes and low representation of women in strategic positions still limit their influence on decision-making. Thus, the gap in Indonesia is primarily rooted in sociocultural barriers and participatory capacity, whereas the gap in Poland is more evident in political representation and institutional effectiveness. These differences underscore that legal recognition yields different qualities of participation when institutional contexts differ. This study concludes that meaningful participation requires gender-responsive consultation designs, the strengthening of women’s organizations, legal literacy, political education, affirmative action policies, and institutional support tailored to each country’s context.
Reorienting Medical Dispute Resolution: MDP, ADR, and Litigation Muhammad Darwis; Anatolijs Kriviņš; Abbas Ibrahim Al-Maliki
JUSTISI Vol. 12 No. 3 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i3.5579

Abstract

The aim of this study is to analyze the structure of the medical dispute resolution mechanism as stipulated in Law No. 17 of 2023 on Health and to examine its implications for the legal protection of patients, medical personnel, health workers, and health care facilities. The methods used in this study include a normative legal approach, incorporating both a statutory and conceptual framework, through a systematic review of Law No. 17 of 2023 on Health, Government Regulation No. 28 of 2024, Ministry of Health Regulation No. 3 of 2025, Ministry of Health Regulation No. 4 of 2025, Constitutional Court Decision No. 156/PUU-XXII/2024, and relevant scientific literature. The novelty of this research lies in the formulation of the Multi-Layer Medical Dispute Resolution Model, which integrates the identification of medical incidents, complaints and clarifications, disciplinary enforcement by the Professional Disciplinary Council, alternative dispute resolution, and the potential for administrative, civil, and criminal liability into a single normative framework. The results of the research indicate that prioritizing out-of-court dispute resolution mechanisms forms a multi-layered model oriented toward dialogue, professional evaluation, and redress; however, its effectiveness is largely determined by the clarity of procedures, the capacity of dispute resolution institutions, and the guarantee of balanced access for the parties so that legal protection and access to justice are realized proportionally. The conclusion emphasizes that the normative design of the Health Law has the potential to strengthen legal protection in the field of medical disputes, provided it is accompanied by the strengthening of subsidiary regulations, institutional frameworks, and implementation practices that ensure non-litigation mechanisms truly serve as corrective and restorative measures, rather than mere procedural formalities that hinder the fulfillment of the parties’ legal rights.
Reconstructing the Obligation of Restitutio in Integrum in Void Agreements under Indonesian Law Adelia Kusuma Wardhani; Indah Parmitasari
JUSTISI Vol. 12 No. 3 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i3.5300

Abstract

This research aims to analyze the urgency and legal regulation of the obligation to restore the original condition as a consequence of a contract that is null and void by law in Indonesia. The method This normative legal research uses a statutory approach, a conceptual approach and a case approach with primary legal materials (Civil Code, court decisions), secondary (textbooks, journals) and is analyzed descriptively qualitatively. The novelty of this research lies in the reconstruction of the legal consequences of a voidable contract through the reinforcement of the obligation of restitutio in integrum as an integral part of a judge’s ruling. The research findings indicates that Article 1265 of the Civil Code only regulates the restoration of the original state for contracts with the condition of being void, not contracts that are void by operation of law. This lack of regulation results in inconsistent court decisions in determining the restitution mechanism and has the potential to create legal uncertainty for the parties and harm the interests of third parties. The conclusion of this study is the urgency of the obligation to restore the original state is a logical consequence of the principle of retitutio in integrum which requires the formation of new norms in the Civil Code in order to realize legal certainty through court decisions. This study offers a normative and jurisprudential basis for the reformulation of Article 1265 of the Civil Code to include void agreements.

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