Justisi : Jurnal Ilmu Hukum
JUSTISI Jurnal Ilmu Hukum adalah jurnal akademik yang diterbitkan oleh Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang. JUSTISI Jurnal Ilmu Hukum pertama kali diterbitkan pada bulan september 2016, yang telah memuat artikel-artikel pendidikan khususnya ilmu hukum dan akan mewadahi serta memfasilitasi hasil penelitian dosen dan mahasiswa dalam pengembangan keilmuan hukum. JUSTISI Jurnal Ilmu Hukum terbit 2 kali dalam 1 tahun di bulan September dan Maret pada setiap volumenya.
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<![CDATA[THE JURIDICAL REVIEW OF INTERFAITH MARRIAGE IS LINKED TO LAW NUMBER 1 OF 1974 CONCERNING MARRIAGE AS AMENDED BY LAW NUMBER 16 OF 2019 CONCERNING MARRIAGE ]]>
<![CDATA[Adinda Silvia Febrianty]]>;
<![CDATA[Gagarin Akbar, Muhamad Gary]]>;
<![CDATA[Abas, Muhamad]]>
<![CDATA[ Justisi: Jurnal Ilmu Hukum Vol 9 No 1 (2024): Justisi: Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang ]]>
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DOI: 10.36805/jjih.v9i1.6526
<![CDATA[Indonesia is known for its diverse cultural customs that have been embedded from their previous ancestors and different religions and beliefs. Of course, each has different rules. Similar to marriage, the variety of religions and streams of belief in Indonesia does not rule out the possibility of interfaith marriage. Interfaith marriages are marriages performed by people of different religions or different beliefs. The issues raised in this study are how the validity of interfaith marriage according to Law Number 1 of 1974 concerning Marriage has been amended by Law Number 16 of 2019 concerning Marriage and how the judge's consideration in granting requests for different religions in the study of decision number 916 / Pdt.P / 2022 / PN. Sby. The purpose of this study is to determine the validity of interfaith marriage according to Law Number 1 of 1974 concerning Marriage and to find out the judge's consideration in granting an interfaith marriage request in the study of decision Number 916/Pdt.P/2022/PN. Sby. This research is a type of qualitative research that uses a normative juridical approach method, namely the approach of research by researching and reviewing the object of research through literature study. The author's conclusion to the decision is that there is an imbalance or inconsistency with Law Number 1 of 1974 concerning Marriage, that in article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage states that marriage is valid, if it is carried out according to the laws of each religion and belief.]]>
<![CDATA[JURIDICAL REVIEW OF THE WITHDRAWAL OF PARENTAL GRANTS TO THEIR CHILDREN IS REVIEWED BY THE COMPILATION OF ISLAMIC LAW (KHI) ]]>
<![CDATA[Abdillah, Banny]]>;
<![CDATA[Hidayat, Anwar]]>;
<![CDATA[Dewi, Sartika]]>
<![CDATA[ Justisi: Jurnal Ilmu Hukum Vol 9 No 1 (2024): Justisi: Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang ]]>
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DOI: 10.36805/jjih.v9i1.6527
<![CDATA[A grant defined as a gift to the possession of goods without remuneration or an agreement by which the grantor in his lifetime freely and irrevocably, delivers something for the purposes of the grantee who accepts the surrender. The issue raised in this study is How the judge considers case number 89./Pdt.G/2019/PA. TALU and what distinguishes the withdrawal of grants according to the compilation of Islamic law (KHI) with the Civil Code. In this study, the author uses a type of qualitative research using the normative juridical approach method, the intention is to analyze the problem, carried out by reviewing legal materials. The results of the study are in decision number 89./Pdt.G/2019/PA. TALU obtained in this study is that there is a voluntary grant of land to his child and then the grant is withdrawn by the grantor, the withdrawal of the grant that has been given according to article 212 (KHI) that the grant cannot be withdrawn except for the parents' grant to their child. In the compilation of Islamic Law limits the possibility of withdrawal of grants, unless it involves parents giving grants to their children, According to the Civil Code the withdrawal of grants can be made by expressing intention to the grantee and filing demands for the return of the goods that have been granted. These two legal systems provide different bases in the context of grantmaking.]]>
<![CDATA[Legal Protection Against a Mother Who Has Baby Bluess ]]>
<![CDATA[Tarisah, Atasa]]>;
<![CDATA[Handayani, Trini]]>;
<![CDATA[Mulyana, Aji]]>
<![CDATA[ Justisi: Jurnal Ilmu Hukum Vol 9 No 1 (2024): Justisi: Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang ]]>
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DOI: 10.36805/jjih.v9i1.6603
<![CDATA[Postpartum mothers who suffer from baby blues syndrome may abuse their biological children. Baby blues syndrome is a form of mental disorder. The chronology, mental condition, evidence and results of forensic psychiatry in a case of abuse by a perpetrator who suffers from a mental disorder are very important considerations and determine whether or not the perpetrator can be punished. This is considering that apart from the Criminal Code, regulations regarding legal accountability for perpetrators of mental disorders are also regulated in Law of the Republic of Indonesia Number 36 of 2009 concerning Health (UU Health) and Law of the Republic of Indonesia Number 18 of 2014 concerning Mental Health (UU Mental Health ). This research also explores the form of legal responsibility for the perpetrator. This research methodology uses normative juridical, with a statutory regulation approach and a case approach. Data collection was obtained using the data analysis method in the form of descriptive qualitative analysis of secondary data. The results of the research show that perpetrators suffering from baby blues syndrome when committing abuse cannot be punished due to forgiving reasons based on Article 44 paragraph (1) of the Criminal Code which is an exception for mental disabilities for the mental disorders they suffer from. Criminal liability certainly cannot be imposed on the perpetrator. The form of legal responsibility is carrying out rehabilitation as well as efforts to cure it, as well as carrying out education regarding the mental illness suffered.]]>
<![CDATA[ABUSE OF AUTHORITY BY VILLAGE HEADS IN THE COMPLETE SYSTEMATIC LAND REGISTRATION PROGRAM (PTSL) (Case Study of Cikupa Village for Fiscal Year 2021) ]]>
<![CDATA[Zamzami Sulthony, Razy]]>;
<![CDATA[Albab, Ulil]]>;
<![CDATA[Amiludin, Amiludin]]>
<![CDATA[ Justisi: Jurnal Ilmu Hukum Vol 9 No 2 (2024): Justisi: Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang ]]>
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DOI: 10.36805/jjih.v9i2.7572
<![CDATA[Abuse of authority by individual village heads in the Complete Systematic Land Registration Program (PTSL) is an important and interesting issue to research. This research aims to identify and analyze cases of abuse of authority that occurred in Cikupa Village in the 2021 fiscal year. The research method used is a case study with an empirical normative approach. Data was obtained through observation and document study. The research results show indications of abuse of authority by individual village heads in implementing PTSL, including misuse of funds, manipulation of data, and violations of procedures. The implication of these findings is the need for strict preventive and law enforcement measures to prevent abuse of authority in the future and ensure the continued success of PTSL implementation. This research makes an important contribution in understanding the dynamics of land program implementation at the local level and highlights the importance of transparent and accountable governance in the implementation of village government. Keywords: Cikupa Village, Complete Systematic Land Registration (PTSL).]]>
<![CDATA[THE CONCEPT OF AGRARIAN REFORM ON THE WELFARE OF FARMERS (CASE STUDY IN TANGERANG REGENCY) ]]>
<![CDATA[Puspita Sari, Annisa]]>;
<![CDATA[Amiludin, Amiludin]]>
<![CDATA[ Justisi: Jurnal Ilmu Hukum Vol 9 No 2 (2024): Justisi: Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang ]]>
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DOI: 10.36805/jjih.v9i2.7988
<![CDATA[In order to realize Agrarian Reform, Tangerang Regency has implemented a national program which is called as Agrarian Reform Movement, one of which is through asset legality. In fact, the Agrarian Reform Movement program run by Office of Land Affairs in Tangerang Regency regarding asset legality has not run well since there are still problems regarding land, one of which is that many people have not received legal certainty regarding their land rights. The aim of this study is to determine the concept of Complete Systematic Land Registration (PTSL) which is one of the Agrarian Reform schemes from the Agrarian Reform Synergy Movement program and its benefits for farmer welfare. Moreover, the research method used in this study is a qualitative research method with a normative legal approach and data sources obtained from secondary data. The result of this study shows that the implementation of PTSL conducted by the PTSL Adjudication Team in Tangerang Regency has run well in accordance with the target and PTSL certificate which is very beneficial for farmer welfare.]]>
<![CDATA[THE DISPARITY IN JUDGES' DECISIONS ON THE CRIME OF SEXUAL VIOLENCE AGAINST CHILDREN IS REVIEWED FROM LAW NUMBER 35 OF 2014 CONCERNING AMENDMENTS TO LAW NO. 23 OF 2002 CONCERNING CHILD PROTECTION (Study of Decision Number 858/Pid.Sus/2022/PN Bjm and Number ]]>
<![CDATA[Rengganis, Mutiara]]>;
<![CDATA[Gagarin Akbar, Muhamad Gary]]>;
<![CDATA[Arafat, Zarisnov]]>
<![CDATA[ Justisi: Jurnal Ilmu Hukum Vol 9 No 2 (2024): Justisi: Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang ]]>
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DOI: 10.36805/jjih.v9i2.8003
<![CDATA[Sexual violence against children is a serious violation of human rights and moral norms. This study focuses on the disparity in sentencing in two cases of sexual violence against children involving the biological father as the perpetrator, namely decision Number 858/Pid.Sus/2022/PN Bjm and Number 137/Pid.Sus/2023/PN Grt. Both are included in the category of familial abuse, where violence occurs in the family environment. Although both cases involve violations of Article 81 paragraph (3) of the Child Protection Law with a maximum penalty of 20 years in prison, there are differences in sentencing. In the first verdict, the perpetrator was sentenced to 18 years in prison and chemical castration for 2 years, while in the second verdict, the perpetrator was sentenced to 20 years in prison without chemical castration. This disparity is caused by differences in juridical and non-juridical considerations by judges, although both aim to achieve legal certainty and the prevention of future crimes.]]>
<![CDATA[LAW ENFORCEMENT EFFORTS AGAINST LIMESTONE MINING ACTIVITIES IN TAMANSARI VILLAGE, PANGKALAN DISTRICT ARE LINKED TO LAW NUMBER 3 OF 2020 CONCERNING AMENDMENTS TO LAW NUMBER 4 OF 2009 CONCERNING MINERAL AND COAL MINING ]]>
<![CDATA[Setiawathi, Maya]]>;
<![CDATA[Hidayat, Anwar]]>;
<![CDATA[Arafat, Zarisnov]]>
<![CDATA[ Justisi: Jurnal Ilmu Hukum Vol 9 No 2 (2024): Justisi: Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang ]]>
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DOI: 10.36805/jjih.v9i2.8004
<![CDATA[Law enforcement is the process of making efforts to uphold or function legal norms in real terms as a behavioral guideline in the legal relationship of community life. Mining crimes are acts that are prohibited by regulations that are subject to sanctions for perpetrators, in order to protect mineral and coal mining activities and businesses. Mining actors who do not have a permit are regulated in Article 158 of Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining. This action in limestone mining causes environmental damage and also triggers various negative impacts. The results of this study discuss how law enforcement efforts carried out by the Pangkalan Police in overcoming mining that does not have a permit in Tamansari Village, Pangkalan District and discuss the impact of the cause of air pollution in Tamansari Village, Pangkalan District as a result of this limestone mining. The empirical juridical research method used to answer the problems in this study with primary data sources consisting of the surrounding community, mining workers, community leaders, and law enforcement officials such as the police. The conclusion that can be drawn is that law enforcement efforts have not been maximized in overcoming mining that does not have permits because of the many resistance from the community, so further efforts are needed so that the public is aware of the law in Indonesia.]]>
<![CDATA[LEGAL PROTECTION FOR NOTARIES IN MAKING A DEED OF STATEMENT OF MEETING RESOLUTION (PKR) BASED ON CIRCULAR DECISIONS OUTSIDE THE GENERAL MEETING OF SHAREHOLDERS (GMS) MADE BY SHAREHOLDERS (Case Study at the Office of Notary Mulyani, S.H., M.Kn) ]]>
<![CDATA[Vironika, Tiyas]]>;
<![CDATA[Abas, Muhamad]]>;
<![CDATA[Arafat, Zarisnov]]>
<![CDATA[ Justisi: Jurnal Ilmu Hukum Vol 9 No 2 (2024): Justisi: Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang ]]>
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DOI: 10.36805/jjih.v9i2.8008
<![CDATA[A notary is a public official authorized to make an authentic deed. The General Meeting of Shareholders (GMS) is an organ of a limited liability company that has the highest authority in the company that is not given to the Board of Directors and the Board of Commissioners. This study examines how circular decisions are made outside the GMS at PT WSA and how legal protection for notaries against the preparation of a deed of Meeting Decision Statement (PKR) based on Circular Decisions outside the GMS according to Law Number 2 of 2014 concerning Notary Positions. This study aims to find out the circular decision making outside the GMS at PT WSA and the legal protection for notaries against the preparation of a deed of Meeting Decision Statement (PKR) based on the Circular Decision outside the GMS according to Law Number 2 of 2014 concerning Notary Positions. The research method used is qualitative with a normative juridical approach. The hypothesis in this study is that the circular decision of PT WSA is carried out without being attended or carried out in the presence of a Notary. The notary does not play a role in making circular decisions of PT WSA, the notary only pours the contents of the circular decision into an authentic deed. So that the Notary cannot be prosecuted criminally or civilly, because in making the deed, the statement of the meeting decision has been in accordance with the content of the circular decision outside the GMS made by the shareholders of PT WSA without reducing, adding and changing its content]]>
<![CDATA[THE EFFECT OF DOMESTIC VIOLENCE ON THE MENTAL HEALTH OF VICTIMS: A LEGAL AND SOCIOLOGICAL APPROACH TO ITS MANAGEMENT ]]>
<![CDATA[kayla, Nadira]]>;
<![CDATA[Amalia, Mia]]>;
<![CDATA[Mulyana, Aji]]>
<![CDATA[ Justisi: Jurnal Ilmu Hukum Vol 10 No 1 (2025): Justisi: Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang ]]>
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DOI: 10.36805/jjih.v10i1.8183
<![CDATA[Domestic violence (DV) is a serious social issue that has a significant impact on the mental health of victims. The psychological impact of domestic violence can include post-traumatic stress disorder (PTSD), depression, anxiety, and various other mental health problems that can hinder the well-being and productivity of victims. Addressing domestic violence requires a comprehensive approach, involving both legal and sociological perspectives. The legal approach aims to protect victims through laws and regulations that regulate sanctions against perpetrators and protective measures for victims. Meanwhile, the sociological approach focuses on understanding the social factors that influence the occurrence of domestic violence, such as cultural norms, gender inequality, and economic conditions, as well as providing social support to assist victims in the recovery process. This research examines in depth the impact of domestic violence on the mental health of victims and evaluates the effectiveness of the application of legal and sociological approaches in handling it. The results of this study are expected to serve as a basis for strengthening policies and intervention programs that are more effective in supporting victim recovery and reducing the incidence of domestic violence in the community.]]>
<![CDATA[EFFECTIVENESS OF CUSTOMARY DISPUTE RESOLUTION THROUGH CUSTOMARY COURTS: A STUDY IN LAWE SEMPILANG VILLAGE, LAWE ALAS DISTRICT ]]>
<![CDATA[Ebi Purnama]]>;
<![CDATA[Muhammad Syuib]]>;
<![CDATA[Azmil Umur]]>
<![CDATA[ Justisi: Jurnal Ilmu Hukum Vol 10 No 1 (2025): Justisi: Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang ]]>
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DOI: 10.36805/jjih.v10i1.8771
<![CDATA[The Authority of Customary Court Institutions in Settling Disputes through Customary Courts is one of the Alternatives in resolving disputes. Customary courts generally accommodate the interests of the disputing parties in the customary law area that applies both in civil law and criminal law that are resolved through customary courts are acts that violate Customary Norms. This study is related to customary court decisions that were not implemented in Lawe Sempilang Village, Lawe Alas District, Southeast Aceh Regency. This study aims to determine how the process of resolving customary disputes through customary justice: A study in Lawe Sempilang Village, Lawe Alas District, Southeast Aceh Regency. This type of research is empirical legal research (field research) research that studies phenomena in its natural environment with a sociological legal approach. Data collection techniques through interviews, observations and documentation. While the analysis technique uses qualitative descriptive methods. The results of the study indicate that customary justice has not been effectively used in Lawe Sempilang Village, Lawe Alas District, Southeast Aceh Regency with other required provisions in the form of replacement money/fines to perpetrators who are proven guilty and if the perpetrator is unable to pay, the victim can report to the police and sue in public court.]]>
