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Justisi : Jurnal Ilmu Hukum
Published by Universitas Buana Perjuangan Karawang
ISSN : 25282638     EISSN : 25805460     DOI : https://doi.org/10.36805/jjih
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 97 Documents
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SUSTAINABILITY ANALYSIS AND THE ROLE OF ENFORCEMENT LAW RELATING TO THE SILAT COLLEGE MONUMENT IN BOJONEGORO DISTRICT, EAST JAVA Putra, Reza Ananda; Handayani, Tri Astuti; Mansur, Mochamad
Justisi: Jurnal Ilmu Hukum Vol 10 No 1 (2025): Justisi: Jurnal Ilmu Hukum
Publisher : Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36805/jjih.v10i1.9379

Abstract

Pencak silat is a martial arts method created by the Indonesian people for protect yourself from danger. Pencak silat schools in Indonesia are synonymous with tugu universities which is the identity of a pencak silat school near the area with the symbol of a particular college. The existence of a martial arts monument can give rise to prolonged conflict between universities due to social jealousy and displeasure between other martial arts schools, to the detriment of civilians who live around the monument the martial arts. On the basis of frequent clashes due to pencak silat monuments made the governor of east java give an appeal to put in order the university monuments martial arts. Then the east java provincial government through the east java bakesbangpol issued an appeal for independently dismantle the martial arts school monument. The aim of this research is to determine the sustainability of the silat monument control program and to determine the role of law enforcement in controlling silat college monuments in Bojonegoro district, east java. The researcher used qualitative research methods with a type of empirical normative legal research.
IMPLEMENTATION OF PRESIDENTIAL REGULATION NO. 35 OF 2018 IN MANAGING WASTE INTO ELECTRICAL ENERGY: A CASE STUDY OF TANGERANG CITY AS A NATIONAL STRATEGIC PROJECT Candra, Edi; Sartika, Ika
Justisi: Jurnal Ilmu Hukum Vol 10 No 1 (2025): Justisi: Jurnal Ilmu Hukum
Publisher : Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36805/jjih.v10i1.9414

Abstract

This study aims to analyze the implementation of Presidential Regulation (Perpres) No. 35 of 2018 on the Acceleration of Waste-to-Energy Plant Development Using Environmentally Friendly Technology in Tangerang City, designated as one of the national strategic projects. This regulation is introduced as a solution to the escalating urban waste management issues and as a means to meet the demand for renewable energy. The study focuses on evaluating the policy's execution, covering infrastructure readiness, local government support, and private sector involvement in transforming waste into electrical energy. Employing a qualitative approach, this research collects data from in-depth interviews with stakeholders, field observations, and analysis of related documents. The findings indicate that while the policy has driven significant progress in waste management and renewable energy creation, several challenges persist, such as technical constraints in processing, limited public understanding of the program, and a need for stricter operational regulations. The study concludes that achieving full success in this program requires synergy between the government, community, and private sectors, as well as regulatory strengthening for waste-to-energy management. These findings are expected to serve as a reference in advancing sustainable waste management policies in Indonesia
THE EXISTENCE OF HUMAN RIGHTS FOR THE POOR AND ABANDONED CHILDREN IN INDONESIA Kamil Muhadzib, Raihan; Yusnita, Ummi
Justisi: Jurnal Ilmu Hukum Vol 10 No 1 (2025): Justisi: Jurnal Ilmu Hukum
Publisher : Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36805/jjih.v10i1.10010

Abstract

Human rights are basic principles that protect and respect the freedom, dignity and well being of every individual, regardless of their social, economic or background status. However, in Indonesia, the existence of human rights for the poor and abandoned children is still a controversial and complex issue. The current condition of the poor and abandoned children in Indonesia shows violations of their rights. The poor often face difficulties in accessing education, housing, health services and decent work, all of which are basic rights guaranteed in the constitution. Neglected children are also often victims of physical, psychological, and sexual exploitation, with the lack of protection and protection they receive. The method used in this research is the normative juridical method by examining the law and examining library materials. The results show that the existence of human rights for the poor and abandoned children in Indonesia requires concrete steps. This includes improving access to basic services such as education, housing, and health care, as well as effective law enforcement against perpetrators of violence and exploitation against children. In this regard, it is important for the government, child protection agencies, and Indonesian society to work together to protect the human rights of the poor and abandoned children, ensure justice and welfare for them, and build a more inclusive society.
LEGAL ANALYSIS OF THE INK PROCUREMENT PROJECT COLLABORATION AT THE GENERAL ELECTION COMMISSION REVIEWED BASED ON LAW NUMBER 5 OF 1999 CONCERNING THE PROHIBITION OF MONOPOLY PRACTICES AND UNFAIR BUSINESS COMPETITION Latif, Abdul; Daryono, Julius Wahyu; Fitriah, Siti Nimah; Silalahi, Udin
Justisi: Jurnal Ilmu Hukum Vol 10 No 1 (2025): Justisi: Jurnal Ilmu Hukum
Publisher : Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36805/jjih.v10i1.10011

Abstract

The procurement of fingerprint ink in the 2004 Election has become a serious concern due to indications of collusion in the tender process involving auction participants and KPU officials. This case reflects the complexity of violations that are not only related to business competition law as regulated in Article 22 of Law No. 5 of 1999, but also involve elements of corruption in accordance with Law No. 31 of 1999 in conjunction with Law No. 20 of 2001. This study uses a normative juridical method to analyze the form of collusion that occurred, its implications for the procurement system of goods and services, and coordination between KPPU and law enforcement officers in handling this case. The results of the study indicate that weak supervision and lack of synergy between institutions hamper the effectiveness of law enforcement, so that regulatory reform and increased transparency are needed to prevent similar practices in the future.
NOMINEE AGREEMENTS IN THE PERSPECTIVE OF ECONOMIC CRIMINAL LAW: RISK IDENTIFICATION, PROOF, AND ENFORCEMENT Wahyu Danang Setiadi; Lusia Sulastri
Justisi: Jurnal Ilmu Hukum Vol. 11 No. 1 (2026): Justisi: Jurnal Ilmu Hukum
Publisher : Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36805/j9qptx86

Abstract

Nominee agreements (agreements on behalf of others) are often used as a tool to get around the prohibition of land ownership by Foreign Nationals (WNA) on Certificates of Title (SHM) in Indonesia. This article examines the position and characteristics of nominee agreements in the Indonesian legal system and assesses their potential as a means of economic crimes, especially related to corporate crimes, asset embezzlement, money laundering, and violations of agrarian provisions. With a qualitative data-based juridical-normative approach, this study identifies the legal risks that arise, the possibility of criminal liability for the parties involved (actual owners, nominees, intermediaries, and corporations), as well as obstacles and evidentiary strategies in criminal cases involving the covert agreement. The results of the study show that although the nominee agreement is originally a civil agreement, there is sufficient room for the application of economic delinquency when the agreement is used as a means of concealing ownership, facilitating the transfer of profits, or obscuring aspects of ownership in order to avoid legal prohibitions. Enforcement recommendations include strengthening evidentiary standards, inter-institutional coordination (prosecutor's office, police, BPN, PPAT), the use of financial forensic tools, and regulatory updates to clarify the criminal consequences of nominee practices that are detrimental to the public interest
LEGAL PROTECTION FOR INFRINGEMENT OF UNAUTHORIZED USE OF THE REGISTERED TRADEMARK SARAH GAJAH DUDUK Aditya Yunianto; Ade Maman Suherman; Tri Setiady; Wiwin Triyunarti
Justisi: Jurnal Ilmu Hukum Vol. 11 No. 1 (2026): Justisi: Jurnal Ilmu Hukum
Publisher : Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36805/2cwwn189

Abstract

 PT. Gajah Duduk is one of the largest sarong manufacturing companies in Indonesia. In carrying out its business activities, PT. Gajah Duduk uses a distinctive symbol—commonly referred to as a trademark—on its products to make them recognizable to the public. This trademark has been officially registered with the Ministry of Law and Human Rights. However, over time, PT. Prisma Abadi Jaya was found to have produced sarongs bearing a mark that closely resembled the registered Gajah Duduk trademark. Moreover, the goods in question fall under the same class of goods for which PT. Gajah Duduk holds its trademark rights. This action clearly violates statutory provisions and causes harm to the legitimate trademark holder. In response, PT. Gajah Duduk filed a lawsuit to cancel the trademark allegedly used without authorization by the other party. Given this context, it is essential to further examine the legal protection of registered trademarks in Indonesia, how unauthorized use of trademarks applies in the case of the Gajah Duduk sarong, and how PT. Gajah Duduk’s trademark rights are protected against PT. Prisma Abadi Jaya. In addition, a comparative analysis with trademark protection systems in other countries will also be discussed. This research employs a normative-juridical method, which involves analysis based on legal theories, expert opinions, legal literature, and applicable regulations. The findings of this study indicate that legal protection for trademarks in Indonesia has been established through enacted legislation and other relevant regulatory frameworks.  
A COMPARATIVE STUDY OF COPYRIGHT DISPUTE RESOLUTION THROUGH ARBITRATION BETWEEN INDONESIA AND THE UNITED KINGDOM Ali Abdulah; Ade Maman Suherman; Tri Setiady; Wiwin Triyunarti
Justisi: Jurnal Ilmu Hukum Vol. 11 No. 1 (2026): Justisi: Jurnal Ilmu Hukum
Publisher : Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36805/0wbfpq39

Abstract

Settling copyright disputes through arbitration is an out-of-court alternative that is considered more efficient, faster, and maintains the confidentiality of the parties' business. Indonesia, through Law No. 28 of 2014 concerning Copyright and Law No. 30 of 1999 concerning Arbitration, has opened up space for non-litigation copyright dispute resolution. Meanwhile, the United Kingdom with its common law system has developed a more mature arbitration mechanism through the Arbitration Act 1996 and the Copyright, Designs and Patents Act 1988. This article aims to comparatively analyze the arbitration system in resolving copyright disputes in Indonesia and the United Kingdom. The research method used is normative legal research with a statutory, conceptual, and comparative approach. The results of the study indicate that although both countries recognize arbitration as a dispute resolution forum, the United Kingdom has a more advanced legal infrastructure, international arbitration institutions, and practices than Indonesia. This study recommends strengthening copyright arbitration in Indonesia by adopting best practices from the UK, particularly regarding the specialization of IP arbitrators and the effectiveness of the enforcement of arbitral awards.
THE ROLE OF THE WEST JAVA PROVINCE DPRD IN SUPERVISION Dea Eka Rizaldi; Ade Maman Suherman; Tri Setiady; Wiwin Triyunarti
Justisi: Jurnal Ilmu Hukum Vol. 11 No. 1 (2026): Justisi: Jurnal Ilmu Hukum
Publisher : Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36805/hjrre111

Abstract

The context of West Java Province is interesting to study in depthbecause its complex characteristics in terms of population,budget allocation, and diversity of sectoral issues require a stronger and more adaptive oversight mechanismthan other regions. To achievethese objectives, this study will use a comparative qualitative research designand document analysis, in-depth interviews, and case studies. Overall, the DPRD oversight mechanism in Indonesia has a fairlycomplete set of normative instruments, but its effectiveness is still influenced by internal factorssuch as the political and regulatory capacity of council members, as well as external factorssuch as executive transparency and public participation. Therefore, increasing legislative professionalism and inter-institutional synergy is animportant agenda for strengthening local government accountability. Finally, public participation and local media play a reinforcing role in thelegislative oversight mechanism. Support from civil society, non-governmental organizations(NGOs), and regional media can increase public pressurefor the DPRD to carry out its control function more firmly and openly. A responsive public complaint mechanismcan also be an effective channel foridentifying policy irregularities at the local level. However, several reinforcing factors such as budget transparency, the role of external (BPK) andinternal audits, as well as public and media participation can encourage improvements in thequality of oversight. In the context of West Java, which is highly complexand covers a large area, DPRD oversight has a positive influence onthe accountability of regional heads, although there is still a gap between regulatory normsand implementation practices in the field.   Translated with DeepL.com (free version)
LEGAL PROTECTION FOR MEDICAL PERSONNEL IN PROVIDING ASSISTANCE TO DEMONSTRATION VICTIMS BASED ON LAW NUMBER 12 OF 2005 Vivi Vibri Yannika Setiana Putri; Gunawan Hadi Purwanto; Asri Elies Alamanda
Justisi: Jurnal Ilmu Hukum Vol. 11 No. 1 (2026): Justisi: Jurnal Ilmu Hukum
Publisher : Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36805/r90za597

Abstract

Demonstrations as a manifestation of the right to freedom of expression and peaceful assembly often develop into conflict-prone and injury-prone situations, requiring the presence of medical personnel to provide emergency assistance. In these conditions, medical personnel carry out a neutral and professional humanitarian function, but in practice they often face the risk of violence, intimidation, obstruction of duty, and criminalization. This study aims to analyze the legal protection for medical personnel in providing assistance to victims of demonstrations based on Law Number 12 of 2005 concerning the Ratification of the International Covenant on Civil and Political Rights (ICCPR), as well as to examine its implementation in the national legal system. The research method used is normative legal research with a legislative approach and a conceptual approach, through a literature study on laws and regulations, legal doctrines, and literature related to human rights and the protection of medical personnel. The results of the study show that normatively the legal protection of medical personnel has been regulated in Law Number 17 of 2023 concerning Health and strengthened by the principles of the ICCPR, especially related to the right to life, personal security, and protection from inhuman treatment. However, the implementation of these protections in the context of demonstrations has not been optimal due to general regulations, harmonization between international human rights norms and national security policies, and low understanding of the principles of neutrality of medical personnel. Therefore, it is necessary to strengthen operational regulations, harmonize policies, and raise human rights awareness to ensure effective legal protection for medical personnel in demonstration situations.
THE MECHANISM FOR UTILIZING TOBACCO PRODUCT EXCISE REVENUE SHARING FUNDS (DBH-CHT) IN BOJONEGORO REGENCY IS REVIEWED BASED ON THE THEORY OF DIGNITY JUSTICE Putri Freda Cayadewi; Gunawan Hadi Purwanto; Asri Elies Alamanda
Justisi: Jurnal Ilmu Hukum Vol. 11 No. 1 (2026): Justisi: Jurnal Ilmu Hukum
Publisher : Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36805/anjh3620

Abstract

The Tobacco Product Excise Revenue Sharing Fund (DBH-CHT) is a fiscal instrument allocated by the central government to tobacco-producing regions and/or the tobacco product industry as a form of fiscal equity and support for community welfare. Bojonegoro Regency as one of the tobacco-producing areas obtained a significant allocation of DBH-CHT and used it for the fields of community welfare, health, and law enforcement. However, in practice, the mechanism for utilizing DBH-CHT still faces challenges related to target accuracy, inter-agency coordination, and program effectiveness. This study aims to analyze the mechanism of utilization of DBH-CHT in Bojonegoro Regency and assess it based on the Theory of Dignity Justice. The research method used is normative-empirical legal research with a legislative and conceptual approach. Data was obtained through literature studies on laws and regulations and interviews with relevant agencies within the Bojonegoro Regency Government and the Customs and Excise Office. The results of the study show that the management of DBH-CHT in Bojonegoro Regency in general has been carried out in accordance with the provisions of laws and regulations, especially the Minister of Finance Regulation Number 72 of 2024 and Regent Regulation Number 24 of 2011. The use of DBH-CHT is directed at programs that have a direct impact on tobacco farmers, farm workers, cigarette factory workers, and vulnerable communities through social assistance, skill development, health insurance, and law enforcement in the excise sector. Judging from the Theory of Dignity Justice, the mechanism for utilizing DBH-CHT in Bojonegoro Regency not only fulfills procedural justice, but also reflects substantive justice by placing human welfare and dignity as the main goal of public policy.

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