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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
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Strengthening Environmental Criminal Law In Regional Development Policy Syarif Hidayatulloh
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.v7i1.7793

Abstract

Human rights cover various fields, not only economics and politics, but also in the field of providing the need for a good and healthy living environment. The living environment is life that encompasses the order and values of life that exist within it. Orders and values that maintain the sustainability of the environment and natural resources and social justice for human life regarding HAL (Environmental Rights) remain for today and future generations. The study of the environment is an issue that is interrelated with development. The consideration that encourages the integration of environment and development is the impact of balance on the environment's ability to support sustainable development. The research results are an answer to regional development policy problems which show a lack of involvement of environmental legal principles so that attention needs to be paid so that a region can develop without disturbing the existing environmental ecosystem. The method used is the normative juridical method, namely research that uses statutory regulations as a basis for solving the problems raised. The data collection method used in this research is library research. Meanwhile, the data analysis used is qualitative, the analysis is by describing the data in a quality manner in the form of sentences that are orderly, coherent, logical, non-overlapping and effective, making it easier to interpret data and analyze.
Legal Protection for Roller Coaster Users Who Suffer from Safety Device Failure in Amusement Parks Simbolon, Mhd Hilman Hawli; Adiwibowo, Yusuf; Kusuma, Ajeng Pramesthy Hardiani
Jurnal Justiciabelen Vol 7 No 2 (2024): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v7i2.8860

Abstract

Tourism has been a major focus in Indonesia's development policy since its inception, due to its natural, cultural, and historical wealth. The development of the times shows people's interest in tourism at affordable prices, one of which is a roller coaster. Roller coasters are exciting game rides with high speeds and challenging spins. In Indonesia, some places like Jatim Park and Dunia Fantasi offer roller coasters. Jember Regency, in particular, has great potential due to its diverse tourist destinations and significant visitor population, including immigrants from outside the city. However, the installation of roller coasters must pay attention to the readiness factor of the ride and weather factors for user safety. The Tourism Act and the Consumer Protection Act provide the right to comfort, security, and safety. However, often amusement parks lack clear readiness and regulations regarding the safety of visitors and often malfunction or failure of safety equipment on high-risk rides in amusement parks. Based on the analysis and discussion of the problems carried out in this thesis, it can be concluded that, First, tourists have the right to get legal protection and compensation based on existing legal rules. Both parties managing the amusement park must be responsible for matters that harm visitors, both material and non-material. Third, accidents in tourist attractions with high-risk activities are real risks. The causes include carelessness of the manager, lack of safety facilities, and visitor behavior. Many tourist attraction managers focus more on profits than on the safety of visitors, ignoring the obligations regulated in the Tourism Law and UUPK.
Strengthening the Regulatory Sandbox as a Synergistic Effort for Investment Climate Growth in Artificial Intelligence Era Jumantoro, Tegar Raffi Putra; Kusuma, Ajeng Pramesthy Hardiani; Putri Triana, Syafira Meylanie
Jurnal Justiciabelen Vol 7 No 2 (2024): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v7i2.8848

Abstract

The development of Artificial Intelligence (AI) has had a significant influence on various sectors of life, especially investment, which is marked by the rapid growth of Financial Technology (FinTech). Therefore, the regulatory sandbox program was born as an answer to the high rate of FinTech as a mechanism for testing products before they are marketed. In Indonesia itself, the institutions authorized to regulate regulatory sandboxes are Otoritas Jasa Keuangan (OJK) and Bank Indonesia. By using normative juridical methods, researchers conducted an analysis of statutory regulations, namely regulations of OJK and Bank Indonesia (BI) to obtain study results by looking at the effectiveness of regulations regarding regulatory sandboxes in Indonesia. Researchers attempt to provide a juridical comparison between the two institutional regulations. The data collection method was carried out using the library study method and reviewing various library sources. The results of this research show that the use of regulatory sandboxes is very important in investing in Indonesia. Apart from catching up with other countries, the use of a regulatory sandbox also guarantees the protection of consumer rights so that it can attract interest in investing. Researchers provide recommendations in the form of improving coordination between OJK and companies as well as providing adequate resources to facilitate the optimization of regulatory sandboxes in Indonesia. Apart from that, providing regular outreach to the public is very important to increase their understanding of the regulatory sandbox. The research results note that there are still several shortcomings in the use of regulatory sandboxes, such as the lack of accuracy of test results. With this research, it is hoped that several challenges and obstacles from the previous use of regulatory sandboxes can be evaluated by the authorized institutions.
Legal Politics And Constitutionality Of Changes In The Term Of Office Of Village Heads Maulana, Thowil Fikri; Indrayati, Rosita; Ana, Ida Bagus Oka
Jurnal Justiciabelen Vol 7 No 2 (2024): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v7i2.8861

Abstract

The Village head is an important position at the local level. The village head's policies will greatly influence village life and village development. On January 23 2023, the Association of Indonesian Village Officials (APDESI) held a demonstration in front of the DPR building, one of the demands of which was to change the term of office for village heads to 9 years with the opportunity to serve for 2 terms. This research aims to determine the legal politics of changing the term of office of the head and the constitutionality of changing the term of office of the village head in the revision of the village law, and to determine the urgency of changing the term of office of the village head. The research method used in this research is normative research or library research using conceptual approach, statute approach and comparative approach. The legal politics of changing the term of office of the village head aims to improve the performance of the village head, which has often been hampered by social conflicts that occurred after the election of the village head, but this change is not in accordance with the principle of limiting power in countries that adhere to a democratic rule of law which has been implemented. outlined in the 1945 Constitution.
Criminal Space In Household Waste Management Hidayatulloh, Syarif
Jurnal Justiciabelen Vol 7 No 2 (2024): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v7i2.8858

Abstract

The study of environmental crime is an effort to create a clean and healthy environment. The integration of environmental crime with household waste management shows that law enforcement and sustainable development have an impact on the balance of the ability to advance life by maintaining the rights and obligations between humans and nature. The application of criminal sanctions aims to provide a deterrent effect and encourage the community to be more responsible in waste management. Increasing public awareness of the importance of good waste management, as well as strengthening adequate infrastructure, facilities and laws, are steps that need to be taken to create a cleaner and healthier environment. The results of the study are the answer to the problem of household waste management policy which shows the existence of criminal space so that attention is needed so that the legal system that has been created can run effectively and correctly by prioritizing the principles of justice and equality of law without disturbing the existing environmental ecosystem. The method used is the normative juridical method, namely research that uses laws and regulations as the basis for solving the problems presented. The data collection method used in this study is library research. Meanwhile, the data analysis used is qualitative, namely by describing data in a quality manner in the form of sentences that are orderly, coherent, logical, non-overlapping and effective so that it is easy to interpret and analyze the data.
Enforcement Law Enforcement of Thrifting Practices in Purwokerto Eka Putri, Nur Aziah; Wati, Ratna Kartika
Jurnal Justiciabelen Vol 7 No 2 (2024): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v7i2.8850

Abstract

This research aims to discuss the mechanism of thrifting in Purwokerto area, as well as to examine law enforcement against thrifting practices carried out in Purwokerto. The research method used in this research is normative juridical with a statue approach or statutory approach. This research uses data collection methods in the form of literature study and qualitative analysis methods. The results of this study are first, the thrifting mechanism through the Supplier Selection process, Sorting Process, Washing / Cleaning, Affixing Price Tags, Arranging Goods. Second, law enforcement as stipulated in Law Number 7 of 2014 concerning Trade (Trade Law), Regulation of the Minister of Trade Number 40 of 2022 concerning Amendments to Regulation of the Minister of Trade Number 18 of 2021 concerning Goods Prohibited from Export and Goods Prohibited from Import has actually prohibited the trade in second-hand goods. However, the implementation and enforcement of these regulations still face many obstacles, especially in terms of monitoring and supervision of buying and selling activities. More specific and clear regulations on the secondhand clothing trade are needed to address the complexities that exist in the practice of thrifting in Indonesia.
Execution of Deed of Guarantee of Dependent Rights Due to Bad Loans Manggala, Ferdiansyah Putra; Susanti, Dyah Ochtorina
Jurnal Justiciabelen Vol 7 No 2 (2024): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v7i2.8859

Abstract

The implementation of the execution of mortgage rights as collateral for a credit is still as contained in Article 26 UUHT which states that there is no statutory regulation that regulates it and there are still many obstacles faced in the process which trigger delays in protecting the interests of creditors for said mortgage rights. because the debtor as the one who gave the mortgage questioned or questioned the amount and the debt guaranteed by the mortgage, based on this it was what resulted in delays in the execution of the mortgage and the existence of legal incompetence in the execution. The formulation of the problem in this article is whether the creditor can immediately execute the Mortgage Guarantee Deed in the event of bad credit. The research method used is normative juridical research (Legal Research). The results of the study show that the execution of the mortgage deed cannot be carried out directly by the creditor when bad credit occurs due to the inconsistency of Article 224 HIR with Article 6 UUHT which results in execution having to be based on a court request.

Page 9 of 9 | Total Record : 87

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