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INDONESIA
JURNAL HUKUM MEDIA JUSTITIA NUSANTARA
Published by Universitas Islam Nusantara
ISSN : 20858884     EISSN : 28295889     DOI : https//doi.org/10.30999
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Media Justitia Nusantara (MJN) is a journal that intends to publish most quality research papers in the fields of law or criminology and social justice studies. The journal is keen to present relative overview of law, system-wide trends and problems on law, crime and justice throughout the world. Journal provides a medium for social scientists to report research findings with respect to crime and justice through innovative and advanced methodologies. The Journal encourages in submission of articles, research notes, and commentaries and also invites papers based on empirical research, theoretical analysis and debate, and policy analysis and critique that centre on crime and broadly defined justice-related topics in an international perspective.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 169 Documents
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INDIKASI PERILAKU EXCESSIVE PRICING PRODUK BAHAN POKOK GULA BERDASARKAN UU NOMOR 5 TAHUN 1999 Monica Angelia Hariono, Monica Angelia Hariono
Jurnal Media Justitia Nusantara Vol 14 No 2 (2024): September 2024
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

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Abstract

The scarcity of sugar supply in the market ahead of Hari Raya is an act of spontaneity by MSME traders to take advantage of the scarcity of sugar in the market by increasing the price of sugar. Although the price is still within the purchasing ability of the community as a whole, it does not rule out the possibility that the price of sugar is burdensome for a number of other small communities. This also implies that if this continues, without any concrete action from the Government, the price of Sugar will reach the Highest Unreasonable Price which allows a large number of people to no longer be able to spend that amount of money just to buy Sugar and this indicates that there has been an Excessive Pricing action by traders in the market or MSMEs (Micro, Small and Medium Enterprises) according to Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition.
PERANAN KOMISI PENGAWAS PERSAINGAN USAHA TERKAIT PELANGGARAN PRAKTEK DISKRIMINASI USAHA Yeti Kurniati, Yeti Kurniati; Edy Santoso, Edy Santoso; Eddy Setiawan, Eddy Setiawan; Andrian Yogaparanatha, Andrian Yogaparanatha; Doni Hanafi, Doni Hanafi; Muhammad Fauzan, Muhammad Fauzan; David Cahyadi, David Cahyadi; Rahelia, Rahelia; Agus, Agus
Jurnal Media Justitia Nusantara Vol 14 No 2 (2024): September 2024
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

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Abstract

The Business Competition Supervisory Commission (hereinafter referred to as the commission) plays the role of supervising and enforcing Law Number 5 of 1999 concerning Prohibition of Monopoly Practices and Unfair Business Competition (hereinafter referred to as the LPM and PUTS Law). This role is carried out by examining, investigating, and even imposing fines on business actors who violate this law, such as in cases of business discrimination carried out by PT. Garuda Indonesia (hereinafter referred to as PT. GI) which has been decided by the commission panel through its decision number 06/KPPU-L/2020, and the business discrimination case carried out by Lion Air Group (hereinafter referred to as LAG) which has also been decided by the commission panel through its decision number 07/KPPU-I/2020. This research examines the role of the commission and fines in the two a quo decisions. The type of research used is normative legal research, with a statutory approach, case approach and comparative approach. The data used is secondary data. The data is then analyzed by carrying out legal interpretation. Research findings show that the role of the commission has not been maximized in the two a quo cases, this can be seen from the light fines for business actors in the two a quo decisions. The fines imposed on business actors are ineffective because they do not take into account the profits received by business actors from their discriminatory behavior. Estimated profits should be the basis for calculations, and the imposition of fines can be adjusted based on the value of the transactions carried out, so that if the amount of the fine imposed is too small, then business actors who act discriminatorily can still gain profits from their behavior, which ultimately leads to the aim of imposing penalties. , namely causing a deterrent effect, being unattainable.
UJI SKEMA POLICYHOLDERS BAIL OUT TERHADAP PERUSAHAAN ASURANSI YANG BERMASALAH Alexander Zaldy Nugraha, Alexander Zaldy Nugraha
Jurnal Media Justitia Nusantara Vol 14 No 2 (2024): September 2024
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

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Abstract

An Insurance Company is a corporation with a program that offers an agreement between the insurance company and the customer which is useful for helping someone anticipate or minimize the customer's finances when a life risk occurs which can occur at any time, and direct reporting by the Financial Services Authority (OJK) , therefore there is a financial restructuring plan, namely PolicyHolders Bail Out, which is recommended by the OJK for PT. Indosurya Life. The research method used is normative juridical, namely research carried out by referring to legal norms by researching library materials or secondary materials. The research results obtained in this research are that the Policyholders Bail Out scheme has not been regulated in Law no. 14 of 2014 concerning insurance, but this scheme was almost tried by the Indosurya Life company in the context of the insurance company's Financial Restructuring Plan but failed so that the OJK revoked PT's business license. Indosurya Life for the sake of consistency in implementing regulations and protecting the interests of policy holders.
PENUNDAAN BERLARUT (UNDUE DELAY) PENANGANAN PERKARA DUGAAN TINDAK PIDANA PENGHALANG-HALANGAN DAN KEKERASAN KEPADA KERJA PERS: SEBUAH TINJAUAN KRITIS M. Rizki Yudha Prawira, M. Rizki Yudha Prawira
Jurnal Media Justitia Nusantara Vol 14 No 2 (2024): September 2024
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

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Abstract

Guaranteeing rights to press freedom does not only lie in the existence of laws and regulations to protect it and institutions that specifically implement it, but also in certainty in law enforcement. One of the components of press protection is legal certainty in the investigation and/or inquiry process by the Indonesian National Police (Polri). One of the problems in the law enforcement process is protracted delays, also known as undue delays. According to the Ombudsman Regulation No. 26 of 2017, Article 11 regulates that one form of maladministration is protracted delays where services are provided beyond the time quality standards of the service promise. Based on a report by the Legal Aid Center for the Press, from 2020 to 2022, there were nine cases of suspected criminal acts against the Press that were suspected of undue delay or protracted processes. Based on the report and the pattern of these cases, five were physical attacks where the perpetrators were suspected to have come from law enforcement officers themselves, and the other four were cyber attacks. The research aims to find the cause of this problem, which lies in the provisions of the relevant laws and regulations and at the practical implementation level.
ANALISIS PROSES PEMBINAAN TAHAP AWAL NARAPIDANA PEREMPUAN di LEMBAGA PEMASYARAKATAN KELAS IIB KUPANG Dewi, Nataly; Rabawati, Dwytias
Jurnal Media Justitia Nusantara Vol 15 No 1 (2025): Februari 2025
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30999/mjn.v15i1.3375

Abstract

This research is entitled Initial Stage Development Process for Female Prisoners at the Class IIB Kupang Penitentiary. The aim of this writing is to understand the guidance process undertaken by female prisoners, as well as analyzing various factors that influence the effectiveness of this guidance. This research uses interview, documentation and observation methods to collect primary and secondary data related to the coaching process. The research results show that there are 73 prisoners in the Kupang Class IIB Women's Prison, with 26 of them being in the initial stages of development. The coaching process begins with reception, registration and placement of prisoners, as well as introduction to the environment. Obstacles faced include a lack of facilities and infrastructure as well as excess capacity. It is hoped that this writing will provide insight into the development of more effective coaching programs, as well as increase public awareness regarding the importance of reintegrating prisoners into society.
Tanggung Jawab Notaris Dalam Penyusunan Akta Otentik Dan Dampaknya Terhadap Kepastian Hukum Serta Etika Profesi Di Indonesia: TANGGUNG JAWAB NOTARIS DALAM PENYUSUNAN AKTA OTENTIK DAN DAMPAKNYA TERHADAP KEPASTIAN HUKUM SERTA ETIKA PROFESI DI INDONESIA Huda, Miftakhul; Muthi'ah Mairo, Putri
Jurnal Media Justitia Nusantara Vol 15 No 1 (2025): Februari 2025
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

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Abstract

The deed made by a notary is referred to as an authentic deed, which is stronger as compared to the deed under hand. This authentic deed serves as a legal proof tool before the court and is an important basis in various legal transactions. The purpose of this study is to analyze the responsibility of notaries in the preparation of authentic deeds, explore their impact on legal certaintyThis research uses a qualitative approach with a descriptive method, which aims to explore and describe the role of notaries in the preparation of authentic deeds, as well as its impact on legal certainty and professional ethics in Indonesia. The results of this study show that the responsibility of notaries in the preparation of authentic deeds has a significant impact on legal certainty in Indonesia. Deeds prepared by a notary must meet strict legal standards, and any errors in the drafting process can harm the parties involved, both materially and legally. Although notaries are aware of the importance of their role, there are still major challenges related to external pressures, high workloads, and a lack of adequate supervision in the profession. Data shows that 40% of notaries feel pressured to meet client requests that are contrary to regulations, while 30% reveal time constraints as a major factor in reducing the thoroughness of drafting authentic deeds. The data also shows that although the professional code of ethics already exists, its implementation in the field is still less than optimal, with 35% of notaries feeling that they do not receive support from professional associations in the form of continuous training. In addition, the use of digital technology in the preparation of deeds also presents new challenges for notaries, where 45% of notaries admitted that they feel unprepared to face it.
Penanggulangan Penanggulangan Kejahatan Keuangan Di Indonesia Melalui Strategi Yang Komperhensif: Penanggulangan Kejahatan Keuangan Di Indonesia Melalui Strategi Yang Komperhensif. Dewi Asri Puannandini, Dewi Asri Puannandini; Rahma Turisina WD; Alviyanti Azzahra, Alviyanti Azzahra; Fikhri Farhan Mubarok, Fikhri Farhan Mubarok; Renzi Rizky Satria, Renzi Rizky Satria
Jurnal Media Justitia Nusantara Vol 15 No 1 (2025): Februari 2025
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30999/mjn.v15i1.3487

Abstract

Financial crime poses a serious threat to the economic stability and integrity of the financial system in Indonesia, negatively impacting public trust and financial institutions. Addressing this issue requires a comprehensive approach that involves various legal, policy, and inter-agency collaboration aspects. This article discusses the strategic steps that need to be taken, including strengthening the existing legal framework, enhancing human resource capacity, and fostering collaboration among law enforcement agencies such as the Police, Prosecutor's Office, and the Financial Transaction Reports and Analysis Center (PPATK). Additionally, emphasizing public education about financial crimes and the implementation of modern technologies such as big data and artificial intelligence is crucial for detecting and preventing these criminal activities. By identifying existing barriers, such as a lack of understanding, coordination issues, and budget constraints, this article offers recommendations to improve the effectiveness of financial crime prevention efforts. With an integrated and sustainable strategy, it is hoped that Indonesia can create a safer environment for financial management and enhance economic stability. Keywords: Combating Crime, Financial Crime, Comprehensive Strategy.
Analisis Yuridis Penerapan Pembuktian Tidak Langsung Dalam Perkara Penetapan Harga dan Kartel Tiket Pesawat (Studi Kasus Putusan Mahkamah Agung Nomor 1811 K/Pdt.Sus-KPPU/2022): PENERAPAN BUKTI TIDAK LANGSUNG DALAM PERKARA PENETAPAN HARGA DAN KARTEL TIKET PESAWAT (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 1811 K/PDT.SUS-KPPU/2022) Arvianda, Adzradhia Nabila; Suryanti, Nyulistiowati; Afriana, Anita
Jurnal Media Justitia Nusantara Vol 15 No 1 (2025): Februari 2025
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30999/mjn.v15i1.3501

Abstract

Indirect evidence is used by the Competition Supervisory Commission to determine the existence of violations of competition law by business actors. Indirect evidence consists of communication evidence and economic evidence. The application of indirect evidence in competition cases presents a unique challenge due to the difficulty in interpreting it. This research aims to understand and examine the validity of indirect evidence used in cases related to airline price-fixing and cartels, in the case of the Supreme Court Decision Number 1811 K/Pdt.Sus-KPPU/2022. The research uses a normative juridical approach method with analytical descriptive research specifications. The research results show that the considerations in the Supreme Court's Decision regarding the existence of an implied contract among the Reported Parties, which is proven through indirect evidence, are in accordance with Law Number 5 of 1999. The validity of indirect evidence to prove violations of the competition law is equivalent to the evidence categorized as bukti petunjuk which is regulated in Article 42 of Law Number 5 of 1999.
KEKUATAN ALAT BUKTI VISUM ET REPERTUM DALAM MENJATUHKAN PIDANA TERHADAP PELAKU PENCABULAN ANAK (STUDI KASUS NOMOR 123/PID.SUS/2020/PNOLM): KEKUATAN ALAT BUKTI VISUM ET REPERTUM DALAM MENJATUHKAN PIDANA TERHADAP PELAKU PENCABULAN ANAK (STUDI KASUS NOMOR 123/PID.SUS/2020/PNOLM) doni; Hernawati RAS; Thariq Muslim; Dhea Alfie; Ery Firsanti; Hodijatussolihah
Jurnal Media Justitia Nusantara Vol 15 No 1 (2025): Februari 2025
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30999/mjn.v15i1.3502

Abstract

“Visum et repertum is an important piece of evidence in the criminal justice system, especially in cases of child sexual abuse. This study examines the strength of visum et repertum as evidence in the criminal trial of child abuse offenders, referring to case study number 123/PID.SUS/2020/PNOLM. The method employed in this research is a normative legal approach, aiming to identify and analyze the role of visum et repertum as evidence in prosecuting child abuse offenders. This research utilizes primary legal materials, such as laws and court decisions, as well as secondary legal materials, including literature, doctrines, and expert opinions regarding the application of visum et repertum in sexual violence cases. The findings indicate that visum et repertum plays an essential role in supporting the charges against the child abuse offender, although in some cases, it cannot stand alone as conclusive evidence. Visum et repertum often serves to reinforce witness testimony or other evidence in the judicial process. The study also finds that while visum et repertum can make a significant contribution to the proof, it must be integrated with other evidence to ensure a lawful and fair conviction. Therefore, the role of visum et repertum as evidence should be carefully considered in every criminal trial”.
PENEGAKAN HUKUM PIDANA BAGI PELAKU USAHA YANG TIDAK MEMILIKI IJIN EDAR MAKANAN Kasus Putusan PN TANJUNG KARANG Nomor 980/Pid.Sus/2020/PN Tjk: PENEGAKAN HUKUM PIDANA BAGI PELAKU USAHA YANG TIDAK MEMILIKI IJIN EDAR MAKANAN Kasus Putusan PN TANJUNG KARANG Nomor 980/Pid.Sus/2020/PN Tjk doni; Imas Rosidawati Wiradirja; Thariq Muslim; Dhea Alfie; Ery Firsanti; Hodijatussolihah
Jurnal Media Justitia Nusantara Vol 15 No 1 (2025): Februari 2025
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30999/mjn.v15i1.3503

Abstract

Making a product certainly requires a permit in the process, therefore, to find out the process that needs to be gone through by these business actors, it is necessary to know the systematic flow and the impact if they violate the rules that have been set. Criminal law enforcement by the Food and Drug Supervisory Agency (BPOM) on business actors who market their products will be discussed in more detail. Where many cases occur in Indonesia, business actors do not have distribution permits for food and drugs or are called illegal goods. Government activities in the sector of drug and food distribution supervision in the territory of Indonesia are carried out by BPOM, a non-ministerial central government institution, referring to Presidential Regulation Article 2 Number 80 of 2017. The Center was formed based on the Decree of the Head of BPOM Number 14 of 2014 concerning the Organization of Work Procedures in the BPOM UPT Environment. Every province in Indonesia has a BPOM that helps supervise drugs and food in the region. The purpose of the data collection technique is to find general issues and reliable news. Primary data comes directly from the source, while secondary data is collected through websites, annual reports, and performance reports. This study focuses on the community, BPOM Kepri, and other business actors. The findings of this study are the results of BPOM Kepri's drug and food supervision.

Page 12 of 17 | Total Record : 169

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