JURNAL HUKUM MEDIA JUSTITIA NUSANTARA
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.
Articles
137 Documents
<![CDATA[Daftar Isi Jurnal ]]>
<![CDATA[Tansah Tansah]]>
<![CDATA[ Jurnal Media Justitia Nusantara Vol 6, No 1 (2016): Februari 2016 ]]>
Publisher : <![CDATA[Program Studi Magister Ilmu Hukum Universitas Islam Nusantara ]]>
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DOI: 10.30999/mjn.v6i1.474
<![CDATA[Konsep Strict Liability dalam Hukum Acara Perdata Indonesia ]]>
<![CDATA[Syahrul Machmud]]>
<![CDATA[ Jurnal Media Justitia Nusantara Vol 7, No 1 (2017): Februari 2017 ]]>
Publisher : <![CDATA[Program Studi Magister Ilmu Hukum Universitas Islam Nusantara ]]>
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DOI: 10.30999/mjn.v7i1.527
<![CDATA[This study aims to find out the concept of absolute liability in Indonesia's civil procedural legal system, especially regarding environmental disputes. Also examined the history of the development of strict liability in the common law legal system until it was adopted into Indonesia's civil procedural law. Theoretically this concept is still a concept found in several Indonesian laws. It's just how it is implemented in Indonesian judicial practice, until now there has been no further regulation. This study uses a type of normative juridical research, data collection is done through literature studies and document studies. The results of this study indicate that the concept of strict liability has been accepted in Indonesia's civil procedural law system, but at the implementation level there are no claims that use this strict liability concept.]]>
<![CDATA[Tinjauan Yuridis Perusahaan Induk Perbankan (Bank Holding Company) & Fungsi Holding Terhadap Kemandirian Yuridis Anak Perusahaan Perbankan Pada Perbankan Nasional (Studi Penerapan POJK 39/POJK.03/2017 Tentang Kepemilikan Tunggal) ]]>
<![CDATA[Fontian Munzil]]>
<![CDATA[ Jurnal Media Justitia Nusantara Vol 8, No 1 (2018): Februari 2018 ]]>
Publisher : <![CDATA[Program Studi Magister Ilmu Hukum Universitas Islam Nusantara ]]>
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DOI: 10.30999/mjn.v8i1.666
<![CDATA[The national economic system is the financial system and all financial service activities that carry out the intermediary function for various productive activities in the national economy. The financial service sector supervision agency (OJK) is an independent institution in safeguarding national interests including regulating ownership in the financial services sector. A strong banking structure can be achieved by structuring the bank's ownership structure through a single ownership policy by consolidating and increasing the effectiveness of Bank supervision in a consolidated manner. One of the adjustments to the Bank's shareholding structure can be done by establishing a Banking Holding Company or holding function. This study aims to examine, first, what is the juridical review of the banking holding company and holding function of banking subsidiaries in national banking? Second, how far is the juridical independence of a banking subsidiary to a banking holding company?. The research used is a normative juridical method for secondary data, namely primary, secondary and tertiary legal materials. The library research stage is the activity of collecting primary legal material data in the scope, economics and finance of the banking holding company related to the juridical independence of banking subsidiaries. Research specifications are descriptive analysis to strengthen old theories or in order to construct new theories. All data obtained will be analyzed qualitatively juridically and presented systematically and scientifically in analytical descriptive. The study found that, the first bank holding company and the holding function have a very broad legal standing for the banking subsidiaries in the national banking sector in accordance with the POJK SPP which directly controls the business activities of the Bank's subsidiaries, second, Bank's subsidiaries have limitations to maintain juridical independence as a legal entity in the banking business within the control structure under the bank holding company or holding function.]]>
<![CDATA[SERTIFIKASI HALAL PRODUKPANGAN SEBAGAI BENTUK PERLINDUNGAN KONSUMEN BERDASARKAN UNDANG – UNDANG NO 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN ]]>
<![CDATA[Iie Mansoer]]>
<![CDATA[ Jurnal Media Justitia Nusantara Vol 4, No 2 (2015): September 2015 ]]>
Publisher : <![CDATA[Program Studi Magister Ilmu Hukum Universitas Islam Nusantara ]]>
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DOI: 10.30999/mjn.v4i2.220
<![CDATA[Indonesian citizens are about 250 million people and 87% of all are Muslims, or it is about 200 million people are Muslims. It is a verypotential marketfor regional or international trade. In this globalization era with the free trade, the good has transnational circulation, including food product. The food productedin Japan, China and other countries which has no halal regulation would be easily found in Indonesia and other parts of world with Muslim population. Halal is a sensitive issue thatshould be prioritized by officials. Getting halal label on food and drink is one of the consumer’s rights which isguaranteed by constitution. Considering this condition, halal assurance of a productis not only a focus of Muslims concern to consume food, medicine, cosmetics and other products, but also becoming a management system and production system from international trade. Therefore, Indonesia as the largest Muslim Country in the world needs to push itself not to be left in developing halal production management and system. Moreover, it is expected to be the leading pioneer to develop it. In order to increase the people awareness in consuming halal food, officials should facilitate the socialization activities/ seminars and or halal product promotion in Indonesia or foreign countries.]]>
<![CDATA[Perlindungan Hukum Terhadap Tindak Pidana Anak Sebagai Pelaku Kasus Pelanggaran Lalu Lintas Dihubungkan Dengan Undang-Undang No. 35 Tahun 2014 Tentang Perlindungan Anak ]]>
<![CDATA[Usep Lala Sopandi]]>
<![CDATA[ Jurnal Media Justitia Nusantara Vol 8, No 1 (2018): Februari 2018 ]]>
Publisher : <![CDATA[Program Studi Magister Ilmu Hukum Universitas Islam Nusantara ]]>
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DOI: 10.30999/mjn.v8i1.661
<![CDATA[Transportation in Indonesia is experiencing a very rapid development in the city or in the village. This development not only gives a positive impact but the negative impact of one of the many cases of traffic violations. The author identifies the issues to be studied as follows: What is the protection of children in the criminal justice system in Indonesia and how the implementation of legal protection against criminal offenses as perpetrators of cases of traffic violations is related to Law no. 35 Year 2014 on Child Protection? Approach method used is juridical-normative approach, that is through literature study. The data are analyzed qualitatively-normatively. The results showed that in January to May 2017, students were included in the first order of most perpetrators of traffic violation cases. In conclusion, the crime against children committing traffic violations based on Law No. 35 years 2014 About Child Protection, for sanctions can Subject to criminal sanctions and action sanctions. Its application should be distinguished by sanctions against adults.]]>
<![CDATA[Kajian Hukum Penanganan Tindak Pidana Kecelakaan Lalu Lintas Dengan Pola Manajemen Kepolisian Berdasarkan Undang-Undang RI Nomor 22 Tahun 2009 Tentang Lalu Lintas dan Angkutan Jalan ]]>
<![CDATA[Emi Sri Utami]]>
<![CDATA[ Jurnal Media Justitia Nusantara Vol 6, No 1 (2016): Februari 2016 ]]>
Publisher : <![CDATA[Program Studi Magister Ilmu Hukum Universitas Islam Nusantara ]]>
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DOI: 10.30999/mjn.v6i1.486
<![CDATA[Traffic problems are problems that cause a lot of problems, because it concerns the problem of order and security in society. According Polrestabes Bandung and Jasa Marga of the results of research in the field shows the rate of accidents in the city and throughout Indonesia is quite high. Based on the above, the authors feel compelled to do more research and then examines the problems that subsequently the authors formulate it in the form of a thesis with the title: "Handling of Legal Study of Traffic Accident Crime With Police Management Pattern Based on Law No.. 22 Year 2009 on Traffic and Road Transportation ". Identify a problem in this thesis include: how police management patterns associated with Law No.. 22 of 2009 on the Road Traffic and Transport investigation?, Whether the pattern of police management in the implementation of criminal investigations of traffic accidents has been applied in accordance with the Standard Of Procedures (SOP)? and how the concept of Manajemen Operasi Kepolisian (MOK) is applied in the service area to reduce traffic accidents in the future? The method used in this compiler is to use normative juridical approach while writing specifications in this thesis is a descriptive analysis, the research phase of this research is primary data that is obtained from field research (interviews) and secondary data from the primary legal materials, secondary legal materials and legal materials tertiary. Based on the description and analysis of the problems it is known that the pattern of police management is associated with Law No. 22 of 2009 on the road freight traffic investigation, theinvestigation process, the Indonesian National Police to make a policy through regulation of the Indonesian National Police Chief No. 8 of 2009 on Implementation and principles and human rights standards in the administration of the Indonesian National Police task. Efforts to optimize the roleof the police in the police as a tool of state who served as a state is obliged to respect and uphold human rights. The pattern of police management in the implementation of criminal investigations of traffic accidents in terms of protection of rights of suspects and defendants in the Criminal Code, including the crime of traffic accident. Legal concept of Police Operations Management (MOK) is applied in the service area to reduce traffic accidents in the future include law enforcement tends to be formal-legalistic means everything must be in accordance with legislation. Advice to convey is that there should be changes to the legislation, the implementation process should also be optimal inthe management or conduct of the investigation conducted by law enforcement officers, who will serve as a police investigator should have provisions and the concept of autonomy (freedom given to the police). That is no limit to the types of crimes that may be handled by the level of Police, Polres, Polwil or Polda.]]>
<![CDATA[Perspektif Yuridis Kedudukan Perbankan Sebagai Pengelola Dana Kartu Uang Elektronik (Electronic Money) Terkait Dengan Perlindungan Konsumen ]]>
<![CDATA[Fontian Munzil]]>
<![CDATA[ Jurnal Media Justitia Nusantara Vol 7, No 2 (2017): September 2017 ]]>
Publisher : <![CDATA[Program Studi Magister Ilmu Hukum Universitas Islam Nusantara ]]>
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DOI: 10.30999/mjn.v7i2.533
<![CDATA[The development of information technology, especially in the business world is growing rapidly including payment innovation has changed from physical cash to non-physical electronics that are very dynamic. Electronic money also called e-money is a product that has shifted the role of cash in trading. Financial Industry has a large role as an issuer of electronic money cards and consumers are card users including the role of the National Banking Authority. The problem that will be examined by the writer is what is the legal standing of the Bank as the manager of public funds for the ownership of funds in electronic money card? and how far the laws reaches legal protection for the Bank's consumers on the ownership of electronic money? This study uses a normative juridical approach that is used to analyze the research data including also examining vertical and horizontal synchronization of the relevant laws and regulations. Research specifications are descriptive analysis to provide data that is as accurate as possible and actual. The stages of library research collect data obtained from secondary data using primary, secondary and tertiary legal materials. The results of the study found, first, the legal standing of the Bank as a manager of third party fund sourced from electronic money has been clearly regulated by laws in the banking sector except the treatment of the status of customer fund electronic money which recorded at the Bank unlike treatment of third party fund that are guaranteed by LPS, secondly, laws cannot reach maximum legal protection against electronic money card holder losses, balance in standard clause agreements, guarantee funds for electronic money by LPS, and in particular ownership of unregistered electronic money cards based on cardholders.]]>
<![CDATA[Pengalihan Status Kepemilikan Wakaf Dibawah Naungan Yayasan Berdasarkan Undang Undang No. 41 Tahun 2004 Tentang Wakaf Dan Undang Undang No. 16 Tahun 2001 Tentang Yayasan Menjadi Aset Pribadi Dalam Perspektif Kompilasi Hukum Islam ]]>
<![CDATA[Misna Misna]]>
<![CDATA[ Jurnal Media Justitia Nusantara Vol 8, No 2 (2018): September 2018 ]]>
Publisher : <![CDATA[Program Studi Magister Ilmu Hukum Universitas Islam Nusantara ]]>
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DOI: 10.30999/mjn.v8i2.672
<![CDATA[The existence of the Foundation in managing Wakaf should play a very important social economic role in Islamic history, waqf serves as a source of funding for the economic interests of the people such as educational, religious, health and other public facilities. Based on this, the purpose of this study is to know and understand the ownership status of Foundation assets in the form of waqf which were initially managed for the benefit of the people or the community into personal assets, and to know and understand the existence of Wakaf managed by the Foundation in Indonesia. Therefore the research that will be elaborated can be identified as how should the ownership status of Foundation assets in the form of Wakaf so that it is truly managed for the benefit of the people should not become a personal asset and know how the Wakaf is managed by the Foundation in Indonesia. Research applies normative legal methods (juridical research), namely research that examines legal issues from the point of view of law in depth to the established legal norms. Analytical descriptive research specification method. The study found, first, the ownership status of Foundation assets in the form of Wakaf which was initially managed for the benefit of the people or the community into personal assets must be returned to the original owner, namely the Foundation's assets , with intensive and continuous supervision so that Wakaf managed by the Foundation is the existence of waqf that can really be optimized for the welfare of the people or the community as a whole and complex, not making Wakaf as a tool for the personal and group interests of certain foundations.]]>
<![CDATA[Aspek Yuridis Pengelolaan Keuangan Negara Pada Kementerian/Lembaga Dihubungkan Dengan Prinsip Good Governance Berdasarkan Undang-undang No. 17 Tahun 2003 Tentang Keuangan Negara ]]>
<![CDATA[Widiawaty Widiawaty]]>
<![CDATA[ Jurnal Media Justitia Nusantara Vol 6, No 1 (2016): Februari 2016 ]]>
Publisher : <![CDATA[Program Studi Magister Ilmu Hukum Universitas Islam Nusantara ]]>
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DOI: 10.30999/mjn.v6i1.475
<![CDATA[Law Of The Republic Indonesia Number 17 Years 2003 concerting Public Money said that the public money must to managed in an orderly, obedient to the laws and regulations, efficient, economical, effective, transparent, and accountable with regard sense of justice and propriety. This mandate was in line with the government's efforts in order to realize good governance in the management of public money, which in turn can achieve welfare and prosperity of the people. The reality saw that there were some problems in public money managements, public money was not cordance with the principles of good governance. The research analyzed used Welfarestate theory as grand theory, Hans Kelsen’s theory as middle theory, and Hukum Pembangunan Moehtar’s theory as applied theory. This research was used normative juridical methodology, this mean thatreviewed legislation and legal theories related to the subject matter covered. This research was used secondary data such as literatures and interviews. Analysis of the data used was qualitative juridical. The result of this research saw that public money’s management was not did by good governanceprinciples approriately yet. In future, principle of good governance must did firmly. Improvements of laws and regulations about management of public money must be done in order to make a good governance’s not only about value, but also, in the end can help achieve national goals to create social welfare state.]]>
<![CDATA[Kajian Mengenai Privasi dalam Informasi Digital Dihubungkan dengan Directive 95/46/EC dan Directive 2002/58/EC of The European Parliament and of The Council ]]>
<![CDATA[Tansah Rahmatullah]]>
<![CDATA[ Jurnal Media Justitia Nusantara Vol 7, No 1 (2017): Februari 2017 ]]>
Publisher : <![CDATA[Program Studi Magister Ilmu Hukum Universitas Islam Nusantara ]]>
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DOI: 10.30999/mjn.v7i1.528
<![CDATA[Information and Communication Technology has played a major role in the process of receiving, sending, and storing data, both public data and privacy data in various fields. But unfortunately, the empowerment of Information and Communication Technology related to personal data or privacy is starting to run out of control. Conditions that occur at this time are the emergence of misuse of personal data or violations of privacy so that the impact can be detrimental to the community as a user. This study uses normative legal research methods using a normative juridical approach which is carried out by reviewing and analyzing the rules of international law relating to the privacy of digital information. Based on the research, it was found that privacy is not only protected by law but also includes cultural norms, ethics, and business / professional practices. DIRECTIVE 95/46 / EC and DIRECTIVE 2002/58 / EC provide protection against data and privacy in the digital era and answer a number of important issues related to information confidentiality, treatment of data traffic, spam and cookies. In addition, it also provides guidelines and explanations that the processing of personal data can only be done for relevant and not excessive purposes, for legitimate purposes, as well as ensuring the processing of personal data accurately and up to date. ]]>
