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Fox Justi : Jurnal Ilmu Hukum
Published by SEAN INSTITUTE
ISSN : 20871635     EISSN : 28084314     DOI : -
Core Subject : Economy, Humanities, Social,
Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
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 235 Documents
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Static Electronic ETLE Electronic Tickets In Traffic Violations Processing At The Bengkulu Regional Police Traffic Directorate Aprilawa Grasella AS; Alauddin, Alauddin; Rosmanila, Rosmanila
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

The ETLE system, which was launched in Bengkulu City on March 26, 2022, aims to address the increasing traffic violations and limitations of manual enforcement. With the installation of cameras at strategic points across the city, the system records and stores traffic violations as evidence for legal processes. This study explores the implementation of the ETLE system in Bengkulu, focusing on its effectiveness in traffic law enforcement, the challenges faced, and its impact on driver behavior. The research employs an empirical legal (socio-legal) approach, using both primary data (field research) and secondary data (library research). The fieldwork includes interviews with police officers from the Bengkulu Police Traffic Directorate (Ditlantas) and violators of the ETLE system. Data collection methods include interviews and library research, with qualitative data analysis presented through narrative form. The study finds that the ETLE system has significantly improved the efficiency of traffic law enforcement in Bengkulu, as it automates the detection and processing of violations. The use of cameras equipped with Artificial Intelligence allows for the accurate identification of violations such as seatbelt non-use, speeding, and mobile phone use while driving. The system also offers greater transparency and fairness in law enforcement, as violators can easily check their violations and pay fines electronically. Despite its successes, the study highlights challenges, including issues with internet connectivity, power outages, and outdated vehicle registration data, which can hinder the system's effectiveness. Nonetheless, the implementation of ETLE has contributed to raising public awareness about traffic regulations and has encouraged more disciplined driving behavior in Bengkulu. The findings suggest that this system can be an effective model for other regions in Indonesia aiming to enhance road safety and traffic law enforcement.
Criticism of the Effectiveness of Pretrial in Protecting Human Rights Under the Criminal Code Agustianti Tangahu
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 02 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Pretrial is a crucial mechanism in Indonesia's judicial system to protect human rights from potential abuses of authority and procedural errors during legal proceedings. However, its implementation in the Criminal Procedure Code (KUHAP) still raises criticism regarding its effectiveness in ensuring optimal human rights protection. This study aims to analyze the effectiveness of pretrial as an instrument for human rights protection based on the Criminal Code, as well as identify structural and practical weaknesses in its implementation. Using normative legal research methods with a descriptive-analytical approach. Data were obtained through a literature study of primary legal sources (KUHAP) and secondary (journals, pretrial rulings), as well as a critical analysis of relevant law enforcement practices. Pretrial plays a significant role in overseeing the legality of detention, search, and confiscation, as well as providing room for correction of procedural violations. However, there are fundamental weaknesses, such as the limited authority of pretrial judges to assess the legality of searches/seizures, reliance on the independence of judicial institutions, and low public legal awareness in accessing this mechanism
Alternative Land Dispute Resolution Outside the Court Through Mediation Iwan, Irwan
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 02 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Land disputes are issues that always arise and are always relevant from time to time. Basically, land dispute resolution can be done in two ways, the most commonly used is dispute resolution through the courts and out of court through mediation. The process of dispute resolution through mediation is not something new in the cultural values of the nation, because the soul and nature of Indonesian society are known for their familial and cooperative nature in solving problems. In civil cases, dispute resolution through mediation has the highest legal force as long as it is carried out together and does not violate the provisions of applicable laws. The purpose of this study is to determine the advantages of alternative land dispute resolution outside the courts through mediation. The research method used is normative research using primary and secondary legal materials. Legal materials are obtained through literature studies such as books, journals, legislation and other documents related to the research. The results of the study explain that most Indonesian people feel that land dispute resolution through mediation can be implemented quickly because it does not rob or suppress individual freedom and delivers values of togetherness (community).
Legal Protection of Outsourced Labor Based on Law No.13 of 2003 in PT Pertamina Trans Continental Port Jakarta Asmara, Asmara; Nurtresna, Robby; Mabsuti, Mabsuti
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 02 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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The outsourcing system is regulated legally, but in reality many workers feel disadvantaged and want the outsourcing system to be abolished. In this case, the request for legal protection for workers at PT Pertamina Trans Kontinental Port Jakarta was caused by problems with the outsourcing system at PT Pertamina Marine Solution, the problem is that workers whose outsourcing contracts are regulated to be Effective from January 1 to December 31, but when changing or extending a new contract, it is usually issued or signed by outsourcing workers around March. The new contract has not been issued but workers have started working and their salaries are paid continuously every month. If later a problem arises, how can workers claim insurance when there is no clarity in the outsourcing contract? The problem that occurs is the result of weak legal protection for outsourcing workers. The research method used is empirical with a normative approach. The data sources used are primary data and secondary data. Primary data is data obtained from related parties involved in this study, namely the entrepreneur PT Pertamina Trans Kontinental Port Jakarta, the outsourcing actor PT Pertamina Marine Solution (PMSol) and workers at PT Pertamina Trans Kontinental Port Jakarta. While secondary data is data obtained from literature studies. Based on the results of research on the implementation of legal protection for workers, the implementation of fixed-term work agreements at PT. Pertamina Trans Kontinental Port Jakarta still does not comply with the provisions of laws and regulations, namely, fixed-term work agreements that are not recorded or there is no renewal of worker documents, because the company realizes that the fixed-term work agreement is not in accordance with laws and regulations, weak supervision from the authorities, workers' ignorance of PKWT, workers' lack of courage because they are afraid of being laid off, and workers' apathy. and the legal consequences of fixed-term work agreements that are not recorded or there is no renewal of documents, namely by law they change into PKWTT.
Licensing of Building Construction That is Not in Accordance With the Provisions of Government Regulations on the Implementing Regulations of Law Number 28 Of 2002 Concerning Buildings in the City Of Cilegon Nadin, Natasya Lia; Fathullah, Fathullah; Nurtresna, Robby
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 accordance with Government Regulation (PP) No. 16 of 2021 concerning Building Construction, the government has changed the provisions of the Building Construction Permit (IMB) to the Building Construction Approval (PBG). Building Construction Approval (PBG) is a permit given to building owners to build new, expand, reduce or maintain buildings in accordance with building technical standards. In this case, the problem that arises is the inconsistency of building construction permits in Cilegon City. The problem is that there are several buildings in Cilegon City that do not comply with their function, because at the beginning of land registration, the building was designated as a residential building or residence, over time the building changed function as a place of business. The research method used is empirical with a normative approach. The data sources used are primary data and secondary data. Primary data is data obtained from the parties related and involved in this study, namely the Cilegon City Public Works and Spatial Planning Service, the Cilegon City Investment and One-Stop Licensing Service (DPMPTSP), and the Cilegon City BAPPEDALITBANG. While secondary data is data obtained from literature studies. Based on the results of research related to violations committed by building owners if the building has been built without a Building Permit (PBG), the government has the right to direct the building owner to immediately take care of the Certificate of Functional Worthiness (SLF) to obtain a Building Permit (PBG). If the building owner builds a building in a place where building construction is prohibited, the government will demolish it.
Alternative Dispute Resolution In Medical Dispute Resolution: Initiating The Establishment Of An Alternative Medical Dispute Resolution Institution In Indonesia Istiana Sari; Yasarman
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

Medical disputes are disputes that occur between a patient or a patient's family and a doctor/health worker or between a patient and a health facility regarding matters related to patient services, treatment and care. Resolving medical disputes through the courts takes a long time, the cost of cases is expensive, decisions do not always solve problems, cause estrangement between the parties, judges' decisions are unpredictable, judges do not understand the ins and outs of medicine. In some countries, 67.8% of medical disputes can be resolved through mediation. For this, Alternative Dispute Resolution or alternative dispute resolution outside the judicial system is needed.Alternative Dispute Resolution can be done by negotiation, mediation, conciliation and arbitration. Medical dispute resolution with alternative dispute resolution in Indonesia has not been comprehensively regulated. There is no state institution that handles alternative medical dispute resolution in Indonesia. In this study, the researcher used a normative juridical research method. Normative qualitative research specifications with empirical, analytical descriptive, and analytical prescriptive. The conclusion reached is that medical problems are special and can be resolved by alternative dispute resolution. For this reason, an Alternative Medical Dispute Resolution Institution in Indonesia is needed.
An Analysis of the Validity of Digital Evidence in the Modern Technological Era Fauziah Lubis; Halwa Shabri, Indana; Siti Adinda Puspita; Chairun Nissa Eprianty; Trisnanda Rielta; Jannatun Naim
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 02 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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The increasing reliance on digital technology in legal processes has transformed the nature of evidence presented in courtrooms. However, this transformation introduces serious challenges in verifying the authenticity and admissibility of electronic data, which is often more prone to alteration than traditional physical evidence. This study aims to examine how digital evidence is legally recognized and validated within Indonesia's civil litigation framework, particularly under the Positief Wettelijk Bewijs doctrine, which emphasizes formal legal standards in evidence evaluation.The research was conducted using normative legal methodology, focusing on statutory analysis and legal doctrine review. Various sources, including Indonesian legislation such as the Electronic Information and Transactions Law (ITE Law), scholarly articles, and international best practices in digital forensics, were examined to provide a comprehensive legal understanding. Findings reveal that while Indonesia formally acknowledges digital evidence through existing regulations, the practical implementation faces multiple obstacles. These include the absence of standardized procedures, inconsistencies in institutional interpretation, and a lack of technical competence among legal practitioners. Furthermore, the legal system’s formalistic orientation often clashes with the dynamic and complex nature of digital data, limiting its evidentiary value in court. To address these issues, the study emphasizes the urgency of legal reform both in terms of regulatory updates and the enhancement of forensic capabilities within the judiciary. Strengthening the legal infrastructure and aligning it with technological realities is essential to ensure the fair and effective use of electronic evidence in civil judicial proceedings.
Legal Protection For Capital Market Investors Regarding Confiscation of Public Company Shares Due to Criminal Acts Committed by the President Director (Case Study of PT Hanson International TBK) Saputra, Angga
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 discusses legal protection for investors for the confiscation of public company shares due to criminal acts committed by the company's president director and legal protection for capital market investors when the public company invested is declared bankrupt. The research method used is normative legal research, which is research that examines document studies, using various secondary data such as legislation, legal theory, books, journals, and other legal sources. The approach method used are a statutory, conceptual, and case approach. This study found that legal protection for investors must be carried out because the confiscation of shares and assets of PT Hanson deviates from the application of the rule of law to Article 39 paragraph (1) of Law Number 8 of 1981 concerning the Criminal Procedure Code because the confiscated shares and assets do not have a direct relationship with criminal acts committed by the president director. Article 31 paragraph (2) of the Law states, all confiscations are stopped when the bankruptcy decision has been pronounced, if necessary the supervisory judge must order the cancellation. Since the bankruptcy decision is pronounced, all confiscations on an object expire and are replaced with general bankruptcy confiscations. Legal protection for investors in public companies that are declared bankrupt can be carried out with preventive and repressive legal protection.
A Criminal Law Approach to Illegal Deforestation in Conservation Areas Ramadhany Nasution
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 02 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Illegal deforestation in conservation areas is a serious threat to the preservation of Indonesia's ecosystems and biodiversity that requires an effective criminal law approach as a protection and prevention effort. This research aims to analyze the criminal legal framework governing illegal deforestation in conservation areas and evaluate the effectiveness of criminal law enforcement in tackling the problem. The research method used is a normative juridical approach by analyzing relevant laws and regulations, court decisions, and empirical data on the implementation of forestry law enforcement in Indonesia. The results showed that Indonesia has a comprehensive criminal law framework through Law No. 5 of 1990, Law No. 41 of 1999, and Law No. 18 of 2013 which provides strict sanctions of up to 15 years in prison and a fine of Rp 15 billion, but the effectiveness of enforcement is still low due to weak coordination between agencies, limited human resources, difficulty of proof, and rampant corruption in the forestry sector. The conclusion of the study shows that although the criminal law foundation is adequate, comprehensive reforms in institutional aspects, improved coordination, application of modern technology, and eradication of corruption are needed to improve the effectiveness of criminal law enforcement in tackling illegal deforestation in Indonesia's conservation areas.
Implementation of The Musyarakah Agreement in the Profit Sharing System of Chicken Farming (Case Study of Selayang Village, Selesai District, Langkat Regency) Aura Dila; Ahmad Zuhri Rangkuti
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 research is motivated by a collaborative system in poultry farming, which has been seen rapid growth but still faces major challenges, particularly limited capital availability . The profit- sharing partnership system requires a large area of land, similar to partnerships in cattle, goat, and chicken farming. Such a partnership takes place in Selayang Village, Selesai Subdistrict, Langkat Regency, particularly in the profit- sharing system applied to the chicken farm owned by Mr. Iswandi. This study employs a qualitative approach using field research methods, tailored to the main objective of describing and implementing the application of a profit- sharing system in poultry farming based on the Musharakah contract . The findings show that Musyarakah is a cooperative agreement between two or more parties in a specific business where each party contribute capital, and profits and risks are shared according to a mutual agreement . In this poultry farming profit- sharing system, there is no demand for equal division of labor ; instead, each party is responsible for the tasks agreed upon at the start of the contract . In this case, PT Indonesia Agrinusa – Binjai is responsible for assisting the farmer throughout the chicken rearing period until harvest and also plays a role in marketing the products . Meanwhile, the farmer, Mr. Iswandi, is responsible for maintenance the chicken throughout the duration of the partnership .

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