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INDONESIA
Jurnal Yustisiabel
Published by Universitas Muhammadiyah Luwuk
ISSN : 25497731     EISSN : 26858932     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
We are interested in topics which relate generally to Law issues in Indonesia and around the world. Articles submitted might cover topical issues in Civil Law Criminal Law Civil Procedural Law Criminal Procedure Law Commercial Law Constitutional Law State Administrative Law Adat Law Islamic Law Agrarian Law Environmental Law International Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
 1 
Search results for , issue "Vol. 9 No. 1 (2025)" : 10 Documents clear
OPTIMALISASI KESEIMBANGAN KEADILAN RESTORATIVE SEBAGAI UPAYA PERBAIKAN PELAKU KECELAKAAN LALU LINTAS Fina, Fina Rosalina; Suyatna
Jurnal Yustisiabel Vol. 9 No. 1 (2025)
Publisher : Fakultas Hukum Universitas Muhammadiyah Luwuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32529/yustisiabel.v9i1.3576

Abstract

The theoretical weakness of the restorative justice mechanism is its lack of focus on the underlying cause of the crime. This has the potential to cause the failure of the concept of improving the perpetrators of the crime as well as protecting the community. Regarding the phenomenon of high-traffic accidents, one of the government's policies is to implement a restorative justice mechanism. However, no laws and regulations have been found that specifically regulate the improvement of the quality of driving. This study aims to improve the validity of restorative justice through a curative approach or self-improvement of the perpetrator. The concept of restorative justice through an approach to improving the perpetrator is important to be carried out in order to realize balanced justice. The method used in this study is normative juridical with a literature study approach and comparative law. The conclusion of this study is that no laws and regulations have been found that regulate the improvement of traffic accident perpetrators. It is necessary to combine sanctions, including a therapeutic approach (administrative sanctions), with legal and technological sanctions to be able to provide the best opportunity for violators to change their behavior
TINJAUAN YURIDIS PENERAPAN CUKAI MINUMAN MANIS DALAM PERSPEKTIF FUNGSI HUKUM Abid, Muhammad Azzamul; Hadi, Fikri; Gandryani, Farina
Jurnal Yustisiabel Vol. 9 No. 1 (2025)
Publisher : Fakultas Hukum Universitas Muhammadiyah Luwuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32529/yustisiabel.v9i1.3582

Abstract

The issue of health among the younger generation is currently a significant concern in Indonesia. One of the key issues lies in the consumption of unhealthy products, such as sugary drinks. This consumption has led to an alarming rise in the number of people diagnosed with diabetes among the younger population. It is imperative for the government to utilise legal instruments to tackle this challenge, one such instrument being the imposition of an excise tax on sweetened beverages. This article will examine the implementation of excise tax on sweetened flavoured drinks in terms of legal function theory. This research is a legal research with a conceptual and statute approach. The results revealed that the implementation of an excise tax on sweetened flavoured drinks can be associated with one of the functions of law as postulated by Roscoe Pound, namely as a means of social control, thereby enabling individuals to adopt a healthier lifestyle by reducing their consumption of sugary drinks. This legal function can be directed towards the means of development and renewal, as argued by Mochtar Kusumaatmadja. This may be achieved through the imposition of excise tax on sweetened beverages, with the aim of fostering a healthy young generation in Indonesia. Thus, the government is able to protect the community, as well as making progress towards the realisation of the Golden Indonesia generation 2045.
DEMOKRATISASI PEMILU DAN PENGUATAN PARTISIPASI PUBLIK PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 62/PUU-XXII/2024 Asri Eka Mutiara
Jurnal Yustisiabel Vol. 9 No. 1 (2025)
Publisher : Fakultas Hukum Universitas Muhammadiyah Luwuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32529/yustisiabel.v9i1.3921

Abstract

The presidential threshold legal norm has been repeatedly proposed since 2013, more than 30 (thirty) times, and was only recently granted by the Court. This fact shows how Article 222 of Law Number 7 of 2017 concerning General Elections contains a legitimacy deficit so that it has been continuously questioned for a long period of time. This study uses normative legal research and uses a statute approach and a case approach. The purpose of this study is to determine the extent of the implications of the Constitutional Court's decision on public participation in elections and democracy. The results of the research and discussion obtained are that optimizing political participation to create people-based politics is very possible to be realized by maximizing the potential of the people and empowering these voices to become institutionalized voices in politics
PENDAFTARAN TANAH WAKAF: URGENSI DAN PROSEDURNYA Harianto, Asis; Riancana, Resti; Djamal, Riniarty
Jurnal Yustisiabel Vol. 9 No. 1 (2025)
Publisher : Fakultas Hukum Universitas Muhammadiyah Luwuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32529/yustisiabel.v9i1.3928

Abstract

One of the important steps in providing legal certainty and protection for waqf assets is the registration of waqf land. However, there are still many waqf lands that have not been registered, which can cause disputes and changes in function that are not in accordance with the purpose of waqf. The analysis of the urgency and procedures for registering waqf land in Indonesia is the purpose of this article. This study uses a normative juridical with a statutory and conceptual approach. Data were collected through a literature study that includes legal regulations, academic journals, and books. Registration of waqf land is very important for the community because it provides legal certainty, prevents disputes, ensures that the land is used according to its intended use, and facilitates the management and development of waqf assets. Registered waqf land is also easier to get assistance from the government and avoids unauthorized changes in function. Registration of waqf land begins with the wakif giving land to the nazhir through the waqf pledge deed official (PPAIW) to issue a waqf pledge deed. After that, the PPAIW and nazhir register the waqf land with the Ministry of ATR/BPN through the Regency/City Land Office.
KEABSAHAN SERANGAN DRONE OLEH RUSIA TERHADAP UKRAINA DI WILAYAH KURSK BERDASARKAN PRINSIP JUS AD BELLUM Kandi Kirana Larasati; Fajrin, Fera Wulandari; Tombi, Johan Tri Noval Hendrian
Jurnal Yustisiabel Vol. 9 No. 1 (2025)
Publisher : Fakultas Hukum Universitas Muhammadiyah Luwuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32529/yustisiabel.v9i1.3931

Abstract

States are legal subjects with international personalities subject to the provisions of international law. However, differences in jurisdiction and interests between states can lead to conflicts that risk disrupting world peace. International Humanitarian Law plays a role in reducing the suffering caused by war by regulating the law in armed conflict, including the Jus Ad Bellum Principle that determines the legality of the use of military force. This legal research is conducted through a statute approach, conceptual approach and case approach. The purpose of this research is to analyze the rules of the use of weapons based on the Jus Ad Bellum Principle and Russia's legal basis in attacking Ukraine in Kursk from the perspective of International Humanitarian Law.
KEDUDUKAN SERTIPIKAT ELEKTRONIK DALAM KEPEMILIKAN HAK ATAS TANAH Salatun, Novalin; Marzuki, Abdul Ukas; Mina, Risno; Labatjo, Ridwan
Jurnal Yustisiabel Vol. 9 No. 1 (2025)
Publisher : Fakultas Hukum Universitas Muhammadiyah Luwuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32529/yustisiabel.v9i1.3945

Abstract

Electronic-based land services must be implemented to optimize the use of information and communication technology in today's digital era. The purpose of this study is to determine how the process of issuing land certificates electronically is carried out and how the electronic certificate law functions based on positive law in Indonesia. The type of normative legal research is a type of research that focuses on positive legal norms, such as laws and regulations and expert opinions. The steps in the process of issuing land certificates electronically include submitting applications, verifying documents, measuring and mapping, issuing certificates, and storing and managing electronic certificates. Meanwhile, electronic certificates and physical certificates are legally considered valid evidence of ownership of land rights, and both have the same legal authority and can be used in various legal transactions and land dispute resolution, with the support of digital signatures that guarantee the authenticity and integrity of documents
GANTI RUGI DAN REHABILITASI DALAM PERSPEKTIF KITAB UNDANG-UNDANG HUKUM ACARA PIDANA Rays, M. Ikhwan
Jurnal Yustisiabel Vol. 9 No. 1 (2025)
Publisher : Fakultas Hukum Universitas Muhammadiyah Luwuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32529/yustisiabel.v9i1.3946

Abstract

Indonesian Criminal Procedure Law upholds human rights compared to the Dutch East Indies legacy of HIR, which ignores it. One of the main rights accommodated in the Criminal Procedure Code is the principle of presumption of innocence, as well as other rights such as legal aid, legal counsel, and the right to compensation and rehabilitation. This study aims to analyze the causes of compensation in the Criminal Procedure Code and the procedures for rehabilitation for individuals who experience errors in the judicial process. This study uses a normative method with a literature study. The results of the study indicate that rehabilitation can be submitted through a pretrial motion (Article 97, paragraph (3) of the Criminal Procedure Code) for suspects/defendants who experience errors in the legal process. Meanwhile, for defendants who are acquitted or released, rehabilitation is given in the verdict (Article 97, paragraphs (1) and (2) of the Criminal Procedure Code) or based on SEMA No. 11 of 1985 if it is not included in the verdict
PEKERJA IMIGRAN TANPA DOKUMEN MELALUI JALUR LAUT DI PULAU KECIL: MASALAH HUKUM DAN SOLUSI KEBIJAKAN nurainun, nurainun; Sepriani, Elsa; Sukino
Jurnal Yustisiabel Vol. 9 No. 1 (2025)
Publisher : Fakultas Hukum Universitas Muhammadiyah Luwuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32529/yustisiabel.v9i1.3953

Abstract

The sea is used as a crossing route to get to neighboring countries, either as an immigrant worker with complete documents or without documents. The purpose of this law is to regulate every field of marine resource utilization for the fulfillment of human life needs, especially as a means of transportation. This type of research uses normative legal research, data analysis in this research is carried out qualitatively. The data used are primary data and secondary data with the method of drawing conclusions in this study carried out deductively. The conclusion of this paper is that there are still many undocumented immigrant workers by sea in Pulau Kecil triggered by economic factors, low levels of education, lack of knowledge about the law and it has become a habit for the community when they do not have a job and have graduated from school to work in Malaysia. Undocumented immigrant workers are the biggest trigger for the emergence of human trafficking crimes, this shows the importance of education to the community and the immigration office should be able to provide an understanding of the dangers that occur
PENGAWASAN PEMERINTAH DAERAH DALAM PENYELENGGARAAN ANGKUTAN SEWA KHUSUS DI KABUPATEN BANGGAI Duru, Christianus; Fality, Firmansyah; Moh. Nur, Nirwan; Hipan, Nasrun
Jurnal Yustisiabel Vol. 9 No. 1 (2025)
Publisher : Fakultas Hukum Universitas Muhammadiyah Luwuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32529/yustisiabel.v9i1.3956

Abstract

The operation of special rental transportation based on applications in Banggai Regency, the local government is responsible for ensuring compliance with these standards. This study uses an empirical legal method with a study at the Banggai Regency Transportation Agency. Data were obtained through interviews, observations, documentation, and literature studies. The results of the study indicate that supervision is carried out by the Banggai Regency Transportation Agency together with the Banggai Resort Police. This supervision includes fulfilling the requirements for drivers, vehicles, and permits, such as STNK, SIM, Electronic Service Standard Cards, transportation rates, and Minimum Service Standards. However, supervision faces obstacles, especially in regulatory and technical aspects. The lack of synchronization of regulations causes ambiguity in law enforcement. In addition, limited access to the Digital Dashboard is a major obstacle, because this tool plays an important role in distinguishing vehicles operating through applications as special rental transportation
TUGAS DAN FUNGSI KANTOR KEMENTERIAN AGAMA KABUPATEN BANGGAI DALAM PEMBIMBINGAN MANASIK HAJI Pawata, Ru'yan; Daeng Maroa, Mustating; Sucipto, Dri
Jurnal Yustisiabel Vol. 9 No. 1 (2025)
Publisher : Fakultas Hukum Universitas Muhammadiyah Luwuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32529/yustisiabel.v9i1.3957

Abstract

This study aims to analyze the implementation of the duties and functions of the Banggai Regency Ministry of Religious Affairs Office in guiding hajj rituals and the factors that influence them. This study uses an empirical legal method with primary and secondary data. Hajj ritual guidance is carried out through certain stages, including the delivery of materials related to the hajj, health, and mental and spiritual development. The resource individuals come from employees of the Ministry of Religious Affairs, local governments, and related agencies. Supporting factors for the implementation of hajj rituals include regulations, facilities, family involvement, and cooperation with local governments. However, there are obstacles such as low understanding of participants, physical conditions of the congregation, and transportation and accessibility constraints.

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