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Contact Name
Paska Marto Hasugian
Contact Email
efoxjusti@gmail.com
Phone
+6281264451404
Journal Mail Official
editorjournal@seaninstitute.or.id
Editorial Address
Komplek New Pratama ASri Blok C, No.2, Deliserdang, Sumatera Utara, Indonesia
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INDONESIA
Fox Justi : Jurnal Ilmu Hukum
Published by SEAN INSTITUTE
ISSN : 20871635     EISSN : 28084314     DOI : -
The Fox Justi : Jurnal Ilmu Hukum a scientific LEGAL BRIEF which includes scholarly writings on pure research and applied research in the field of Law as well as a review-general review of the development of the theory, methods, and related applied sciences. Legal Theory Law of E-Commerce Legal and Deductive Reasoning International Law Constitutional Law Law of Contract Administrative Law International Legal Environment Money Loundry Analysis of contemporary environment of business law Civil and Criminal Procedures Business Law and International Trade Alternative Dispute Resolution Real Estate Law Criminal Law Immigrant and Tourism Law The Concepts of Tort and Strict Liability Ethics and Diversity Common Law Contract Theory Leadership and Business Ethics Corporate Culture and Business Ethics Organizational Ethics Agency Law Social Responsibility and Business Ethics Employment Law Business Ethics Evaluations and Intentions Law for Business Structures Codes of Ethics and Compliance Standards Ethical Conflict Organizational Structure and Business Ethics Corporate Culture and Business Ethics The Ethical Compliance Audit Organizational Structure and Business Ethics Significant others and Ethical Behavior in Business
Arjuna Subject : Umum - Umum
Articles 192 Documents
Restorative Justice As An Alternative Form Of Criminal Case Resolution Putri Indah Mubihanti
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 02 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Abstract

This article aims to analyze the history, concept, and role of the restorative justice approach as an alternative solution in the context of crime and criminal justice. The analysis is conducted by examining historical and contemporary literature on restorative justice, crime, and criminal justice. The research method used in this article is juridical-normative legal research, where the focus is on written legal regulations or research based on prevailing rules or norms in societal life, aimed at uncovering a truth based on the logic of law from a normative perspective. This research also emphasizes the implementation practice with the legal practices.
Legal Analysis of Digital Trade in Indonesia Based on Law Number 11 of 2008 concerning Electronic Information and Transactions Nurtresna, Robby
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 02 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
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Abstract

The transformation of conventional trade into digital trade in Indonesia continues to increase along with the development of information technology. Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) is the main legal basis that regulates this activity. This study aims to evaluate the effectiveness of the ITE Law in regulating digital trade, especially regarding consumer and business actor protection. By using the normative legal method, a legal research approach that examines the main legal materials, such as laws and regulations, legal theory, and legal concepts. This approach is also known as the literature approach, the data used uses secondary data consisting of primary, secondary, and tertiary legal materials. The data obtained were collected using literature study techniques and analyzed using analytical descriptive techniques. The results of the study show that the ITE Law still has deficiencies in protecting personal data, supervising online business actors, and public awareness of consumer rights. This study recommends regulatory updates, public education, and strengthening digital infrastructure to create a safer and more sustainable digital trade ecosystem
A Criminological Study Of Premeditated Murder Committed By A Child Against His Biological Father Ramadhany Nasution
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 02 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
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Abstract

Murder is an act of intentionally taking the life of another person where life is a gift from God Almighty and no one can eliminate it. This type of research is normative with a statutory approach. The data used is secondary data consisting of primary, secondary and tertiary legal materials. Criminological studies of premeditated murder by children against their biological fathers can be reviewed from the theories of biology, economics, sociology, psychology and economics. The causative factors are due to poor environmental factors, economic crush, emotional instability and past traumas. In addition, it can also be caused by feeling betrayed, harmed, or humiliated, jealousy and anger. For this reason, it is necessary to educate and create harmonious relationships between family members so that premeditated murder by a child against his father can be avoided. So that everyone avoids the crime of premeditated murder because the sanctions are very severe and violate other human rights, especially against his own father who has been very instrumental in the life of the child and so that law enforcers impose penalties on perpetrators of premeditated murder in accordance with applicable regulations to cause a deterrent effect.
Legal Aspects of the Machinery Import Duty Exemption Facility Policy: An Analysis of the Impact on Industry in Indonesia Amanda Junaedi
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 02 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
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Abstract

The granting of import duty exemption facilities on imported machinery for industry is one form of facility in the field of taxation provided by the government for new investors who intend to invest or open new industries in Indonesia. Through this research the author wants to know what is the background of the Indonesian government in granting the facility, how is the system of granting this machine import duty exemption facility and how is the legal responsibility of receiving the machine import duty exemption facility for industry in Indonesia. The research method used is normative juridical, this research focuses on the study of applicable laws and regulations, legal theories, legal concepts, and legal principles relevant to the research topic. In other words, researchers will deeply analyze the legal rules governing import duty exemptions for industry, and try to understand the implications of these rules. This research is expected to contribute to further understanding of government policies in encouraging investment in the industrial sector. In addition, the results of this study can also be expected to be taken into consideration for business actors in utilizing the import duty exemption facility.
Money Politics: External Sanctions and Legal Vacuums in Pemilukada Reza Ananda
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 02 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
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Abstract

The practice of money politics in general elections, especially regional head elections (Pilkada), is a serious violation of democratic principles. It involves giving or promising money to influence voter behavior, which can damage the integrity of the electoral process. Although there are regulations that regulate the prohibition of money politics, as stated in Law Number 10 of 2016 and Law Number 7 of 2017, law enforcement against these violations is often weak and ineffective. Sanctions for money politicians include prison sentences ranging from 36 to 72 months and significant fines, but the implementation of these sanctions is rarely seen in practice. This study aims to analyze the practice of money politics in the Regional Head Election (Pilkada) in Indonesia, identify the factors that cause it, as well as its impact on the quality of democracy. The research method used is qualitative with a literature study approach. The results of the study show that money politics is still a crucial problem caused by the low level of public education, economic factors, weak supervision and law enforcement, patron-client culture, and the role of political parties that are not optimal. This practice negatively impacts the integrity of the electoral process, produces unqualified leaders, and reduces public trust in the political system. To address this problem, comprehensive efforts are needed through increased political education, strict law enforcement, political party reform, strengthening participatory oversight, and reforming the campaign funding system. It is hoped that this effort can minimize the practice of money politics and improve the quality of democracy in Indonesia.
Review of Legal Protection Against Auction Winners in Good Faith Against Auctions of Lien Assets Sued by Debtors Merlin Soman
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 02 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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In practice, auction winners often face legal risks, including lawsuits from debtors claiming rights to the auction object despite having followed legal auction procedures. This study aims to analyze the legal protection for auction winners in good faith for dependent rights assets sued by debtors, considering that auctions as a solution to bad loans often cause legal problems related to the rights of debtors and creditors. The research method is normative juridical with an approach to legal rules, conceptualization, and cases, using data from regulations, court decisions, and legal literature. The results of the study show that legal protection for auction winners in good faith is regulated in the Law on Dependent Rights, Regulation of the Minister of Finance, and jurisprudence, but its implementation is limited by proof of good faith and coordination between institutions. Debtor lawsuits can hinder the preservation of rights and create convenience. In conclusion, legal protection needs to be strengthened through the socialization of auction regulations, increasing the professionalism of auction implementation, harmonization of regulations, and effective dispute resolution mechanisms to reduce the impact of debtors' lawsuits on the legal certainty of auction winners.
Analysis of Criminal ACTS That Obstruct the Rights of Citizens Who Express Opinions Reviewed From Law Number 9 of 1998 Apriyansha Putra Ali
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 02 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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This study analyzes criminal acts that hinder the right of citizens to express their opinions in public, with a focus on the application of Law Number 9 of 1998 concerning Freedom of Expression of Opinions in Public. Freedom of opinion is a human right guaranteed by the constitution and regulated in Article 28E of the 1945 Constitution and Law No. 9 of 1998. However, the practice often faces challenges in the form of violence, threats, or intimidation from certain parties, including law enforcement officials. This research aims to identify forms of violations, law enforcement mechanisms, and solutions to prevent further violations. The methodology used is a normative juridical approach with an analysis of relevant laws and regulations, such as Article 18 of Law No. 9 of 1998 which provides a maximum of one year of criminal threat for perpetrators of obstruction of freedom of opinion, as well as case studies from empirical data collected by YLBHI and other institutions. The results of the study show that violations of freedom of expression occur in various forms, such as restrictions on demonstrations, criminalization through the ITE Law, and digital attacks on activists. Law enforcement for these violations is often inconsistent and tends to be repressive. The conclusion of this study emphasizes the importance of firm and consistent law enforcement to protect the rights of citizens in expressing their opinions. In addition, collaboration between law enforcement officials and the community is needed to create an environment conducive to freedom of expression without threats or violence. Revisions to regulations such as the ITE Law are also needed to avoid multiple interpretations and abuse of the law. This research makes an important contribution in understanding the challenges of freedom of expression implementation in Indonesia and offers policy recommendations to ensure the protection of human rights.
Application of the Principle in Absentia in the Election of Regional Heads Asyawati Kasim
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 02 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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This study aims to analyze the application of the principle of in absentia in the election of regional heads (pilkada) in Indonesia. The research method used is normative law with a conceptual approach and analysis of laws and regulations, case studies, and empirical research results. The study identifies variations in interpretation and implementation in absentia between regions, evidentiary challenges, potential human rights violations, and their effectiveness in law enforcement. The results of the study show that the implementation of in absentia can accelerate the handling of election crimes, but also pose a risk of human rights violations and legal uncertainty. Policy recommendations include harmonization of regulations, strengthening the authority of Bawaslu, improving coordination of Gakkumdu, increasing resource capacity, strict supervision, as well as education and socialization to ensure the implementation  of  in absentia that is fair, accountable, and in accordance with the principles of the rule of law. This study concludes that the implementation of in absentia in regional elections requires serious attention to the legal basis, implementation practices, and its impact on human rights and the quality of democracy.
Benefits of Implementing a Complete Systematic Land Registration Program For Community-Owned Land Zetria Erma
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 02 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
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The purpose of this study is to determine and analyze the benefits of implementing the Complete Systematic Land Registration (PTSL) program on community-owned land. This type of research is normative with a statutory approach. The data used is secondary data consisting of primary and secondary legal materials. The research specification used is descriptive analytical. The benefits of implementing the Complete Systematic Land Registration (PTSL) program on community-owned land are part of a government program that aims to accelerate the implementation of land registration activities to provide protection and legal certainty for community-owned land in the form of property rights certificates as a manifestation of the implementation of citizens' rights as stipulated in Article 28D paragraph (1) of the 1945 Constitution so as to create a single land map and land register in Indonesia. For this reason, it is recommended that both the government (BPN), local government and the community support this activity so that it can run smoothly by communicating and socializing between institutions and the community.
The Implementation of Restorative Justice Principles in Handling Cases of Children in Conflict With the Law Rasiwan, Iwan; Khoirul Harisin, Miljam; Yaqzhan Kalamul Haq, Muhammad
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 02 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Children, as the future of a nation, need special attention to ensure they grow into capable and well-rounded individuals. This requires not only proper guidance but also legal support to address any challenges they may face. When children come into conflict with the law, resolving their cases through diversion—using a restorative justice approach—can be a more constructive alternative. This approach focuses on healing and requires the consent of the victim and/or their family, as well as the child’s willingness to participate. This study takes a qualitative approach, gathering data through a literature review using sources from Google Scholar. The research method involves collecting and analyzing relevant written documents. Findings suggest that restorative justice offers a more humane and forward-thinking way to handle juvenile cases. By prioritizing rehabilitation, fostering responsibility, and involving all relevant parties, this method has the potential to create meaningful change for children, victims, and society as a whole.