cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Dodi Jaya Wardana
Contact Email
dodijayawardana@umg.ac.id
Phone
+6281330627891
Journal Mail Official
dodijayawardana@umg.ac.id
Editorial Address
-
Location
Kab. gresik,
Jawa timur
INDONESIA
Jurnal Justiciabelen
Published by Universitas Muhammadiyah Gresik
ISSN : 26543419     EISSN : 26543311     DOI : 10.30587/justiciabelen
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Journal Justiciabelen is published by the law Departement, University of Muhammadiyah Gresik, twice a year in February and September. The purpose of this journal is to facilitate research about Law. The article essentially contains topics on Criminal Law, Civil Law, Consultation Law, Government Law, Business Law, and Islamic Law
Arjuna Subject : Ilmu Sosial - Sosiologi dan Ilmu Politik
Articles 87 Documents
 5   6   7   8   9 
Pancasila as the foundation of Science Policy in Indonesia Sumarwoto Sumarwoto
Jurnal Justiciabelen Vol 5 No 2 (2022): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v5i2.5019

Abstract

Pancasila as the basic value of Science Development explains that every science and technology (iptek) developed in Indonesia must not conflict with the values contained in Pancasila. science and technology itself develops autonomously, then in the course of adaptation to the values of Pancasila. Every science and technology developed in Indonesia must include the values of Pancasila as an internal factor in the development of Science and technology itself. The method used in this study is empirical juridical the results of this study explain that a clear orientation is needed to filter and counteract the influence of global values that are not in accordance with the values of the personality of the Indonesian nation. Some of the reasons Pancasila is needed as the basic value of the development of Science and technology in the life of the Indonesian nation include environmental damage caused by science and technology, a means to control and control the progress of Science and technology, the values of local wisdom that became a symbol of life in various regions. Lmu development policy in Indonesia can be seen from historical sources, sociological sources and political sources.
Pendevelopment and legal protection for UMKM for improvement Tocommunity welfare Dwita rahmawati; Hardian iskandar
Jurnal Justiciabelen Vol 5 No 2 (2022): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v5i2.5020

Abstract

Mmicro, small and medium enterprises have a strategic role in strengthening the people's economy nationally. The government needs to pay more attention to strategies and policies for empowering UMKM. This paper discusses the problems related to the development of UMKM that aim to improve welfare for the community and forms of protection for UMKM. This study uses a normative-juridical method with an analytical-descriptive approach. The results of the study show that problems related to the development of UMKM consist of several things, including marketing difficulties, financial limitations, limited human resources, problems with raw materials, and limited knowledge of modern technology. Until now, the form of legal protection for UMKM that the government has provided has only been through the simplicity of the requirements and procedures for applying for business licenses, the development procedures, and the procedures for providing administrative witnesses and controlling the empowerment of UMKM. The government needs to provide assistance to business actors who need counseling and legal assistance. The government should also be able to maintain a balanced market price, and there should be strict sanctions for business actors who monopolize prices. The central government has taken steps to make efforts to provide welfare for UMKM in terms of being provided with ease in dealing with administrative documents as well as the existence of more specific legal protection, which is realized by the existence of the Job Creation Law,
Legal Protection of Indonesian Migrant Workers based on The Job Creation Law osgar sahim matompo
Jurnal Justiciabelen Vol 5 No 2 (2022): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v5i2.5021

Abstract

The state is obliged to guarantee and protect the human rights of its working citizens, both at home and abroad, based on the principles of equal rights, democracy, social justice. Protection of Indonesian migrant workers is all efforts to protect the interests of prospective Indonesian migrant workers and / or Indonesian migrant workers and their families in realizing the guaranteed fulfillment of their rights in all activities. This study uses normative juridical methods, the results of this study explain the form of protection of Indonesian Migrant Workers is carried out in several aspects, namely legal, social, and economic given from before work, during work, until after work. The nature of the provision of legal protection against PMI is a protection against ensuring a sense of security from all forms of violence, both physical and psychological, such as harassment, rape, torture, persecution, murder, expulsion. The protection aims to avoid acts of arbitrariness on the part of people or groups and the state. The job creation law requires Indonesian migrant workers placement companies to have permits that meet business licenses and are issued by the central government, and deposit money to government banks in the form of deposits of at least Rp1.5 billion rupiah that can be disbursed at any time to meet obligations in the protection of Indonesian migrant workers.
The Development of International and National Sovereignty of the Law of the Sea in the Perspective of Philosophical Analysis Wafda Vivid Izziyana; Osgar Sahim Matompo; Andhika Yuli Rimbawan
Jurnal Justiciabelen Vol 6 No 1 (2023): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v6i1.6166

Abstract

International law of the sea is one of the branches of international law that has experienced significant development in the last 50 years and will always develop dynamically from time to time. This research uses doctrinal legal methods, data analysis techniques are carried out qualitatively with deductive thinking patterns. Data processing begins with editing, classification, verification, analysis, and conclusions. The results of this research explain the development of the sovereignty of the provisions of international law of the sea began in 1930 when developed countries began to have the ability to explore and exploit natural resources, especially oil in the sea. Before the holding of the International Law of the Sea Conference or commonly called the First United Nations Conference on the Law of the Sea (UNCLOS I) in 1958, the use of the sea was regulated by international customary law. Furthermore, UNCLOS II in 1960 formulated a resolution on the need for certain technical methods in terms of fisheries, and the proliferation of sovereignty claims over sea areas submitted by new countries, regulating sea-bed with the concept of common heritage of mandkind and the decision to hold UNCLOS III in 1974-1982, UNCLOS 1982 regulates the division of maritime zones with their respective legal regimes and, which is very revolutionary in the development of international law of the sea is the recognition of the concept of island states in Chapter IV of UNCLOS 1982. The development of international maritime law sovereignty greatly influenced national maritime law policy, Indonesia poured the Juanda Declaration into the form of regulations, namely Law No. 4 / Prp / 1960 concerning Indonesian Waters also emphasizes economic factors and the need to preserve biological and non-biological natural resources. other laws and regulations that support the Indonesian water system Law No.4 / Prp / 1960. include Government Regulation No. 8/1962 (PP 8/1962) concerning the right of peaceful passage and Law no. 1/1973 (Law 1/1973) concerning the continental shelf. This forces foreign vessels to notify the Indonesian government of their presence. Border agreements with neighboring countries indirectly support the 'archipelagic state concept' proposed by Indonesia. This will strengthen the existence of the 'archipelagic state concept.
Legal Protection Of International Business Transactions On Electronic Commerce (Ecommerce) Transaction Contracts Putri, Allya Maulida; Iskandar, Hardian
Jurnal Justiciabelen Vol 6 No 1 (2023): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v6i1.6168

Abstract

Along with the demand for international trade which is quite a lot, the technology and means of electronic communication are also developing. E-commerce is an electronic transaction that is very supportive in the economic field, especially international business transactions. International business transactions are a civil law study that provides greater opportunities for each party to make, agree on, and implement the contents of the agreements they make. With various technological advances, the world provides opportunities for the international community to establish relations between them. In line with these advantages, it is possible that there will still be deficiencies which will cause disputes between the contract makers. These problems can arise because of differences between them, such as in terms of culture, legal perspective, and so on. Therefore, parties from different countries must understand the contracts they make and pay attention to the laws in force in other countries before entering into certain contracts. To prevent unwanted legal consequences, a clear understanding of legal protection is required. This research method is a legal normative research with a statutory approach.
Political Reflection of Environmental Law Towards Regional Autonomy Law Products Holistic - Ecological Perspective Binov Handitya; Wafda Vivid Izziyana
Jurnal Justiciabelen Vol 6 No 1 (2023): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v6i1.6169

Abstract

The principle of implementing a broad and intact regional autonomy that is placed on districts and cities, then Environmental Affairs are affirmed as government affairs that must be implemented by districts and cities. From the above provisions there are three important findings related to environmental management policies. First, that the region has been given the right to manage the autonomy of Natural Resources in the region, both on land and in the sea. Second, to exercise the right to regulate and take care of their own local household affairs over these natural resources, various legal products can be issued as long as they do not conflict with higher legislation or public interests. Third, the right of management of natural resources given to the region as well as followed by the responsibility of the region to preserve the environment in accordance with legislation. This research method is juridical normative. This study was conducted by examining library materials, ranging from primary legal materials, secondary legal materials and tertiary legal materials. the results of the study explain a holistic-ecological regional autonomy law product requires some fundamental changes. First, the format of granting autonomy to regions must be clear and detailed without excluding the diversity, characteristics, and capabilities of each region. Second, the scope of authority is not only "control", but includes aspects from planning to law enforcement. Third, the laws and regulations above the regional regulation must also be clear, synchronous and harmonious between certain legal regimes and regional autonomy legal regimes, such as between environmental law, tax law (PDRD), and regional autonomy law. Fourth, policy integration in the preparation of local regulations also requires a planning legal instrument in the form of regional legislation programs (prolegda), through Prolegda that is really compiled comprehensively (not just a list of priorities Raperda without clear justification). Fifth, associated with the theory of environmental sovereignty (ecocracy), the regional autonomy policy as the implementation of the concept of democracy should not ignore the interests of Environmental Protection. The welfare to be achieved through regional autonomy policies must synergize the principles of ecological sustainability. The six academic manuscripts are the results of research or legal studies and other research results on a particular problem that can be scientifically accounted for regarding the regulation of the problem in a form of Bill or draft law
Consumer Data Protection Against Online Loan Debt Payments Agung Suma Kurniawan; Levina Yustitianingtyas
Jurnal Justiciabelen Vol 6 No 1 (2023): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v6i1.6170

Abstract

In the era of digital economy innovation, people are trying to find new findings in the procurement of services for lending activities, which can be seen from the existence of money lending services on a digital basis which are considered to be able to build growth and the national economy. The type of observation used in this research is coherent research. Resolving disputes over payment of online loan debt and protecting consumer data is a complex problem in today's digital era. Consumers often become victims of the protection of their personal data by irresponsible online lenders. The sources of data used in this study are document laws, laws and regulations, and legal doctrines related to problem solving and consumer data protection. In using online loan services, consumers must provide a number of personal data, such as; name, address, telephone number, bank account number and other information. This can raise concerns for consumers regarding their security and privacy. To provide protection to consumers, data from the Indonesian fintech association (aftech), in 2019 there were around 15 million users of online loan services in Indonesia. In 2020 this number has increased by around 21 million users. In 2021 it is estimated that the number of users will increase again to 27 million. The results of this study indicate that consumer data protection and dispute resolution policies in Indonesia still need to be strengthened. bank account number and other data information. This can raise concerns for consumers regarding their security and privacy. To provide protection to consumers, data from the Indonesian fintech association (aftech), in 2019 there were around 15 million users of online loan services in Indonesia. In 2020 this number has increased by around 21 million users. In 2021 it is estimated that the number of users will increase again to 27 million. The results of this study indicate that consumer data protection and dispute resolution policies in Indonesia still need to be strengthened. bank account number and other data information. This can raise concerns for consumers regarding their security and privacy. To provide protection to consumers, data from the Indonesian fintech association (aftech), in 2019 there were around 15 million users of online loan services in Indonesia. In 2020 this number has increased by around 21 million users. In 2021 it is estimated that the number of users will increase again to 27 million. The results of this study indicate that consumer data protection and dispute resolution policies in Indonesia still need to be strengthened. in 2019 there were around 15 million users of online loan services in Indonesia. In 2020 this number has increased by around 21 million users. In 2021 it is estimated that the number of users will increase again to 27 million. The results of this study indicate that consumer data protection and dispute resolution policies in Indonesia still need to be strengthened. in 2019 there were around 15 million users of online loan services in Indonesia. In 2020 this number has increased by around 21 million users. In 2021 it is estimated that the number of users will increase again to 27 million. The results of this study indicate that consumer data protection and dispute resolution policies in Indonesia still need to be strengthened.
Legal Protection in The Settlement of Industrial Relations Disputes in Indonesia Tamba, Tumanda; Juita, Subaidah Ratna; Astanti, Dhian Indah
Jurnal Justiciabelen Vol 6 No 1 (2023): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v6i1.6165

Abstract

Article 2 of Law Number 2 Year 2004 states that there are four types of industrial relations disputes consisting of Rights Disputes, Interest Disputes, Termination of Employment Disputes and Disputes Between Workers / Labor Unions in One Company. This research uses normative juridical methods, the results of the study explain the form of legal protection in the settlement of industrial relations disputes in Indonesia outside the court can be done through: Bipartite, Mediation, Conciliation, Arbitration The four types of settlement If the negotiations reach an agreement, a collective agreement is made binding and becomes law for the parties. The collective agreement must be registered with the Industrial Relations Court at the District Court in the area where the parties entered into the collective agreement if it is not implemented by one of the parties, the injured party can apply for execution to the Industrial Relations Court. In addition to the above 4 explanations, the settlement of industrial relations disputes can be through the industrial relations court which is in the general judicial environment, which is limited in its process and stages by not opening the opportunity to file an appeal to the superior court.The decision of the industrial relations court at the district court which concerns rights disputes and employment termination disputes can be directly appealed to the Supreme Court.
Lex Rei Sittae in the Export of Indonesian Shrimp Commodities to Japan Sugiono Sugiono; Fany Krisdianto
Jurnal Justiciabelen Vol 6 No 1 (2023): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v6i1.6171

Abstract

In the current global era, countries are encouraged to prioritize international trade. Because one of the most important tools and sources of financing in international trade is the foreign exchange reserve for the country itself. Because of the importance of foreign exchange reserves for a country, where foreign exchange reserves always fluctuate, a number of factors can be tested that can affect the position of foreign exchange reserves, namely the amount of export activity. This article was created with the aim of knowing the export potential of fishery products, more precisely the types of shrimp fisheries in Indonesia. Indonesia itself exports shrimp to various countries, one of which is Japan. By using the descriptive method the author tries to explain the importance of agreements in an engagement, especially activities in international buying and selling along with the legal basis regarding international trade activities carried out by the Indonesian state. Then the results of this article study show that exports have a positive and significant effect on foreign exchange reserves for countries that carry out export activities and the importance of agreement clauses in determining which law will be enforced if one of the parties commits a default in order to protect the rights and obligations of the parties, given the activities International trade is prone to acts of abuse of rights and obligations.
The Relevance Of Citizen Lawsuit As A Positive Legal Instrument In The Procedural Law Of The State Administrative Court Rosita Indrayati; Zensa Reginsa Putri; Diksi Natasia Salsabila
Jurnal Justiciabelen Vol 6 No 2 (2023): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v6i2.6995

Abstract

Citizen Lawsuit is a law enforcement process with a mechanism for filing a lawsuit by citizens. The implementation of Citizen Lawsuit in Indonesia is termed still gray because there are no specific laws or regulations that regulate the mechanism either substantively or procedurally. The basis of the existence of a Citizen Lawsuit is negligence or violation by the state administrator of the laws and regulations and the General Principles of Good Governance (AUPB). The Citizen Lawsuit mechanism deserves a deeper study, because in its development there have been many Citizen Lawsuit lawsuits submitted to the General Court in terms of environmental law enforcement, fulfillment of human rights, violations of the principles of good general governance, and so on. By looking at the essence of the Citizen Lawsuit, the idea emerged that the Citizen Lawsuit must be legally adopted as part of positive law in HAPTUN for the sake of legal enforcement and certainty. The study, entitled the relevance of Citizen Lawsuit as a positive legal instrument in the procedural law of the state administrative court, aims to examine and analyze how the concept of the Citizen Lawsuit mechanism in the perspective of the State Administrative Court and whether it can be adopted as part of its positive law. The author uses research methods with a normative juridical approach or legal research as well as scientific literacy literature studies. The author's ideas are expected to provide a more comprehensive view of the perspective of Citizen Lawsuit in State Administrative Procedural Law and the relevance of Citizen Lawsuit to positive law. Citizen Lawsuit in the perspective of HAPTUN relates to the subject matter of the Defendant, the claims in the lawsuit related to the demands of attitudes or actions by state administrators, and their functions or objectives in fulfilling the rights of citizens. The main reason for Citizen Lawsuit can be adopted into positive law is because the concept of Citizen Lawsuit never conflicts with laws and regulations, and in its implementation provides many solutions to existing citizen problems and improves the implementation of the rights of citizens by state administrators. However, it is necessary to review the mechanism of Citizen Lawsuit in making positive law by adapting and adjusting to the Indonesian legal system so that in practice it can run effectively and optimally.

Page 7 of 9 | Total Record : 87

 5   6   7   8   9 

Filter by Year

2018 2024


Reset
Filter By Issues
All Issue Vol 7 No 2 (2024): Justiciabelen Vol 7 No 1 (2024): Justiciabelen Vol 6 No 2 (2023): Justiciabelen Vol 6 No 1 (2023): Justiciabelen Vol 5 No 2 (2022): Justiciabelen Vol 5 No 1 (2022): Justiciabelen Vol 4 No 2 (2021): Justiciabelen Vol 4 No 1 (2021): Justiciabelen Vol 3 No 2 (2020): Justiciabelen Vol 3 No 1 (2020): Justiciabelen Vol 2 No 2 (2019): Justiciabelen Vol 2 No 1 (2019): Justicabelen Vol 1 No 2 (2018) Vol 1 No 1 (2018) More Issue