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 
The Effectiveness of Punishment Sanctions for Narcotics Crime in Gresik District Moh Rifki Dwi Galih Widodo
Jurnal Justiciabelen Vol 7 No 1 (2024): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v7i1.7795

Abstract

Drug abuse is a crime and a violation of the law. In modern times, the spread of drug abuse is increasing and the sale of illegal drugs is increasingly widespread from all walks of life. This resulted in a very detrimental impact and many victims were affected by drug abuse. Various government efforts to eradicate drug abuse and provide criminal sanctions against drug offenders. This study aims to determine the development of drug abuse cases, especially in Gresik Regency. And the effectiveness of giving sanctions to the perpetrators of drug abuse crimes.
Capacity Building Of The State Administrative Court In Handling Onrechtmatige Overheidsdaad Cases: Challenges And Optimization Efforts Igam Arya Wada; Yasmin Namira Andani; Faiqotul Himmah
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.v6i2.6996

Abstract

The State Administrative Court (PTUN) in Indonesia faces a number of challenges in adjudicating cases of onrechtmatige overheidsdaad, which is an unlawful act of government administration. The new regulation through Supreme Court Regulation (PERMA) Number 2 of 2019 gives the PTUN clearer authority in adjudicating cases like this. However, the problem of unclear administrative law concepts and undetailed regulations in PERMA still hamper the legal process. This research aims to address the problem. With a focus on increasing the capacity of PTUN in dealing with onrechtmatige overheidsdaad cases. The study proposes five important steps to achieve this goal. First, it is necessary to increase the capacity of PTUN through increased budget allocation, human resources, and technology utilization. Secondly, it is necessary to simplify the proceedings in administrative law and mediation should be applied as an effective dispute resolution method. Third, the study suggests evaluation of similar cases as a first step in resolving cases, and mediation should be considered to reduce the backlog of cases that slow down the process. Fourth, it is necessary to strengthen law enforcement authority through the establishment of an independent law enforcement body that can impose sanctions for violations of PTUN decisions. Finally, it is necessary to increase public awareness about their rights and procedures for filing a lawsuit to PTUN through the establishment of legal information centers and education campaigns. The result of this research is a series of concrete solutions that can help PTUN in facing the challenges of adjudicating onrechtmatige overheidsdaad more effectively, ensuring better legal protection for the community, and ensuring government compliance with PTUN decisions.
The Proper Law as a Choice of Law in Contract Design Muhammad Azkannasabi; Hardian Iskandar
Jurnal Justiciabelen Vol 7 No 1 (2024): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v7i1.7799

Abstract

International Contract Law is a bridge that connects agreements made by the world community. However, cooperation that occurs often encounters obstacles when the disputing parties do not fulfill their achievements. So that the aggrieved party usually resolves disputes through the courts. However, the settlement of international civil contract disputes through the courts often causes dissatisfaction for the defeated party because the judge in the court must determine the lex cause (law that should apply) first. However, sometimes the judge or the party in trouble does not know much about the lex cause in general, not to mention the existence of non-juridical factors that greatly influence the judicial process so that these conditions usually result in unsatisfactory decisions. So that the solution to overcome this matter, the parties can make a choice of law (the choice of law or the choice of forum) so that it is expected to obtain a satisfactory decision in the settlement of disputes arising in International Civil Contracts for the parties to the dispute. The Proper Law in a contract is the legal system desired by the parties, or if the will is not expressly stated or cannot be known from the surrounding circumstances, then the choice of law seen from the most reasonable state law applies to the contract, namely by look for the center of gravity or the link point that is closest to the contract. The Proper Law theory builds on flexibility rather than offering mechanical rules so it provides more certainty than other closest relationship tests. The research method used is normative juridical research, namely legal research conducted by examining secondary data with an emphasis on library research. So that the results of the research and discussion find solutions to problems that use the principles of The Proper Law as a solution to solving problems. namely legal research conducted by examining secondary data with an emphasis on literature studies. So that the results of the research and discussion find solutions to problems that use the principles of The Proper Law as a solution to solving problems. namely legal research conducted by examining secondary data with an emphasis on literature studies. So that the results of the research and discussion find solutions to problems that use the principles of The Proper Law as a solution to solving problems.
Legal Protection For Third Parties Who Are Provided As Individual Guarantees By Fintech Peer-To-Peer Lending Ferdiansyah Putra Manggala
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.v6i2.6992

Abstract

The emergence of fintech companies is increasingly receiving attention from the public and regulators, namely the financial services authority (OJK) and Bank Indonesia (BI). This is stated in Financial Services Authority Regulation Number 77/POJK.01/2016 concerning Information Technology-Based Money Lending and Borrowing Services. This regulation regulates information technology-based money lending and borrowing services or what is called peer to peer money lending. As of May 24 2021, the total number of fintech peer to peer lending or fintech lending providers registered and licensed with the OJK was 131 companies. In the case of a loan recipient applying for a loan on an online loan platform, the borrower will usually be asked to include an emergency contact as a condition for applying for a loan, but this is done without the permission of the third party who is used as an emergency contact. This resulted in losses for the emergency contact party due to terror from the lender as a result of the loan recipient experiencing late payments. LBH Jakarta received 1330 reports of loan victims from 25 provinces in Indonesia. One of them is Dian Siregar, who was a victim who was terrorized by an online loan where he received a short message from one of the KSP Rupiah Petir Pro loan applications after being made a guarantor by his friend without prior approval or confirmation.
Criminal Law Perspective In The General Elections That Occurred In Indonesia Hidayatulloh, Syarif
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.v6i2.6997

Abstract

The enactment of Law Number 7 of 2017 concerning General Elections is proof that Indonesia really designs elections on a strong, constitutional, legal basis and regulates everything related to elections on a legal basis. Enforcement of election crimes in Indonesia needs to be improved as an effort to create a democratic system that is certain and just. Without legal certainty it will lead to anarchism and result in death, therefore democracy must provide legal certainty to all parties who seek justice. So the supremacy of law must be prioritized in guarding the democratic process in Indonesia. Whether the election criminal law enforcement mechanism is enforced from the start in accordance with the provisions of procedural law (due process of law) or not (undue process), if it has been implemented in accordance with the provisions of procedural law then justice has been carried out and upholds the ideology envisioned by the supremacy of law ( Rechtstaat) is based on democratic ideals to realize comprehensive justice so that election criminal law is used as a tool to postpone the ideological commitment to the ideals of establishing the Indonesian state. The aim of this research is to determine the perspective of criminal law on the implementation of elections in Indonesia. The method used in writing this research is normative juridical using statutory regulations and context.
Racial Discrimination In Law Enforcement: Challenges For Human Rights In A Multicultural Society Indrayati, Rosita; Saputra, Calvin Yudha; Ahmada, Vaza Khulucky
Jurnal Justiciabelen Vol 7 No 1 (2024): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v7i1.7800

Abstract

This essay explores the important issue of racial discrimination in law enforcement and its challenges to human rights in a multicultural society. First, this research analyzes the root causes of racial discrimination in law enforcement. Sometimes, racial bias, stereotypes, and prejudice play a role in police and court decisions. These factors are often rooted in deep history, culture, and social structures. Therefore, a deeper understanding of how these biases develop is key to overcoming this problem. Second, this essay describes the impact of racial discrimination on a multicultural society. Inequality in law enforcement creates distrust of the legal system, which can result in social tensions and feelings of insecurity. Racial discrimination can also hinder social mobility and opportunity for individuals from minority groups. Third, this essay explores the efforts that have been made to overcome racial discrimination in law enforcement. This includes policy changes, better police training, and efforts to increase the accountability of law enforcement agencies. Additionally, a more holistic approach involves public education about the importance of human rights and cooperation between multicultural communities to combat discrimination. Through an in-depth understanding of the root causes, impacts, and efforts to overcome racial discrimination in law enforcement, this essay contributes to stronger awareness and advocacy to ensure that human rights are respected equally in multicultural societies.
Criminal Responsibility Of Suspects And Victims Of Corruption In The Private Bribery Sector In Indonesia Ifahda Pratama Hapsari
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.v6i2.6993

Abstract

Suspects and Victims of the Arbitrariness of Authorities in the Criminal Justice System Examining whether the Criminal Enforcement Process in the case of Corruption Crimes has been carried out correctly both in the order of Making Legal Norms and in terms of Law Enforcement. Correct and fair resolution of criminal cases is not only seen from the results of the verdict handed down by the judge. Rather, it is seen from the victim who is asked to be held accountable based on the principle of business judgments and is made a suspect for the business decisions he takes in the criminal justice system.. To realize the objectives of criminal justice within the framework of the criminal justice system, the criminal justice model that is guided is actually based on the due process of law. Whether the criminal justice is enforced from the start in accordance with the provisions of procedural law (due process of law) or not (undue process), if it has been implemented in accordance with the provisions of procedural law then the justice has implemented and upheld the ideology envisioned by the rule of law (Rechtstaat). and a democratic society. In order to uphold an honest criminal justice system from start to finish as a form of ideological commitment and justice for people who are dealing with criminal trials, whether suspects, witnesses or victims, this is the main or absolute goal. The aim of this research is to determine the responsibility of a suspect and victim as a manifestation of law enforcement ideology. The method used in writing this research is normative juridical using statutory and conceptual approaches.
Adequate Livelihood Security: A Study of the Relevance of State Objectives to the Protection of the Poor and Abandoned Children Mochammad, Aiman; Adiningsih, Pradipta Noor; Wada, Igam Arya
Jurnal Justiciabelen Vol 7 No 1 (2024): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v7i1.7792

Abstract

Indonesia as a state of law in reality often encounters discrepancies between laws and regulations and facts in everyday life, especially related to the guarantee of a decent livelihood. The constitution stipulates that every citizen has been given the right to get a decent job and life solely for respect for human rights. If we look further at the poor, and abandoned children are basically the responsibility of the state to get attention and protection. But the reality is that vagrants and beggars get criminal penalties stipulated in Article 504 and Article 505 of the Criminal Code. This research uses the Normative Juridical research method, which uses a statutory approach and a conceptual approach. This study aims to provide a view related to the fulfillment of the rights of the poor, especially beggars and vagrants. There are several things behind the punishment of beggars and vagrants, one of which is considered to interfere with public interest. This is certainly not in accordance with the conception of the purpose of protecting all and all bloodshed as stated in Article 34 paragraph 1 of the Constitution of the Republic of Indonesia Year 1945, "The poor and abandoned children are cared for by the state". There are regulations issued by the government related to assistance and social security programs, but are not in line with established regulations, such as uneven and inaccurate aid programs distributed to the community.
Responsibility of Notary for Registered Private Deed in the Perspective of Law of Evidence Bayu Indra Permana; Mohammad Rafi Al Farizy; Ferdiansyah Putra Manggala
Jurnal Justiciabelen Vol 7 No 1 (2024): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v7i1.7801

Abstract

In public life, there is a relationship between one party and another which will involve rights and obligations, which will lead to many violations, one of which is a legal event. Notary is a public official who is appointed by the government to assist the community in terms of an agreement, the only one with an authentic deed. The task of the notary is not only to make an authentic deed but also to register and validate the letter under the hand or called waarmeken. In the aspect of proof in court, the letter under hand that has been guarded does not have perfect evidentiary power because it lies in a signature which, if acknowledged, then the deed will become perfect evidence such as an authentic deed.
Aspect Analysis Of The Transfer Of Name Receivables (Cassie) Due To Tort Mustofa, Moch Miftakhul
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.v6i2.6994

Abstract

The practice of transferring receivables through the CASSIE (Certificate of Assignment for Debt Security) mechanism has become an important part of cash flow management and risk management in the business world. However, the potential risks arising from default, namely the debtor's inability to fulfill obligations under the agreement, also pose a serious challenge. In dealing with this risk of default, a normative approach based on legal, norm and regulatory aspects is the key to understanding the CASSIE legal framework and formulating effective mitigation strategies. From a creditor's point of view, transferring receivables aims to obtain liquidity more quickly, but the risk of default on the part of the debtor is a potential problem. The strategy of diversifying the transferred receivables portfolio and implementing credit insurance are relevant alternatives to overcome this risk. On the debtor's side, the transfer of receivables can have a negative impact when payment failure occurs. Therefore, debt restructuring steps, negotiations with creditors and efforts to restore financial conditions are very important. The impact that will occur due to default in the CASSIE context also deserves attention, considering that the impact can spread to various stakeholders in the business ecosystem. In the era of globalization, analysis must also consider aspects of international law and the potential impact of defaults that cross national borders. The breach of contract which was the main trigger for the transfer of debtors by CASSIE resulted in the transfer of the right to collect debts from debtors who failed to pay to the injured party and institutions, policy makers and researchers in the fields of law and finance to overcome risks with a sustainable approac.

Page 8 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