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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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Implementation of Mudharabah Agreement Between Boat Owners and Fishermen in Teluk Meuku Village, Babalan District, Langkat Regency, Reviewed From the View of the Syafi'i School Alfina Yanti; Muhammad Nur Iqbal
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 aim of this research is to understand how the mudharabah contract is applied between boat owners and fishermen in Meuku Bay Village, Babalan Subdistrict, Langkat Regency, and to examine the perspective of the Shafi'i school regarding its implementation. This study uses a descriptive qualitative approach. Data were obtained from both primary and secondary sources. Data collection techniques included observation, interviews, and documentation. The analysis was conducted through data reduction, data presentation, and conclusion drawing. The agreement between boat owners and fishermen in Meuku Bay Village uses a mudharabah contract that is made orally, without anything written agreement — based solely on mutual trust. This contract emphasizes key points such as the cooperation system, profit- sharing system, and others important elements. The practice of mudharabah in this village align with the Shafi'i school in several aspects : there are two parties involved (the boat owner and the fisherman), capital and profits are shared based on mutual agreement, and the boat owner give bonuses to the fishermen. However, there are also those aspects that contradict the Shafi'i perspective — specifically, when losses occur, the fishermen (as fund managers) bear the burden of compensation, even though according to the Shafi'i school, if the loss is not due to negligence, it should be borne solely by the capital provider without imposing liability on the manager.
The Effectiveness of Deprivation of Voting Rights as an Additional Punishment Against Perpetrators of Corruption Crimes Bayu Agung Pratama
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 examines the effectiveness of revocation of voting rights as a form of additional punishment that can be imposed on perpetrators of corruption in the Indonesian criminal justice system. Corruption has become an extraordinary crime that causes state losses and hampers national development. Through a normative juridical approach with doctrinal research methods, this research analyzes the legal basis, implementation, and implications of revocation of voting rights as an alternative punishment to provide a deterrent effect. The results show that the revocation of voting rights as stipulated in Article 10 letter b of the Criminal Code in conjunction with Article 35 paragraph (1) number 3 of the Criminal Code and Article 18 paragraph (1) letter d of Law Number 31 Year 1999 jo. Law Number 20 Year 2001 on the Eradication of Corruption has a strong juridical basis, but its implementation is still limited. This research finds that the revocation of voting rights can be effective if applied consistently by considering proportionality and rehabilitative aspects. Challenges in its implementation include the absence of an effective monitoring mechanism and resistance from various parties. This study recommends the need to strengthen regulations on execution and supervision mechanisms, formulate clear sentencing guidelines, and harmonize regulations related to revocation of voting rights with election and human rights laws to increase the effectiveness of revocation of voting rights as a comprehensive corruption eradication effort.
Review Legal to Agreement Borrow Borrowing Money Declared Void by Law (Case Study of Decision) Number 451/ Rev.G /2012/ Pn.Jkt.Bar) Tomy Yosua Harianja; Tri Reni Novita
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 02 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Where in this case the plaintiff has been legally proven to have defaulted by not fulfilling his obligations in paying debt installments that began on November 30, 2011 until the sending of warning letters. In this case the Plaintiff did not make achievements as agreed by both parties. So that the Defendant suffered a loss caused by the Plaintiff because he was late paying his penalty. Literature review In this thesis, among others, the basic concepts of the agreement and the elements of the agreement, the legitimate terms of the agreement, the principles of the agreement, the borrowing agreement to borrow money, the null and void agreement, the General Review , and the Fiduciary Understanding. This article uses a normative juridical research method or library research and is prescriptive that focuses on formulating recommendations about the steps that must be taken in solving certain problems. The results of this study are PT Bangun Karya Lestari fulfilling the elements of default, namely the existence of an agreement, a loss, an error, and the existence of a sanction. The Panel of Judges has a position in resolving the law on disputes between PT Bangun Karya Lestari and Nine Am Ltd. In this case an agreement between English-speaking countries must follow the rules stated in Article 31 paragraph (1) of the Language Law, which means that the Loan Agreement is obliged to speak Indonesian .
Review of Antibiotic Use Regulations in Healthcare Facilities Based on The Minister of Health Regulation No. 28 Of 2021: Literature Review Febya Yuhendra Putri
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 02 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Use antibiotics that do not appropriate become factor main increasing resistance antibiotics in Indonesia. For overcome matter this, the government emit Minister of Health Regulation No. 28 of 2021 for set guidelines in rational use of antibiotics in facilities health. The purpose of study This is to review its implementation and identify the implementation of Permenkes No. 28 of 2021 in health facilities in Indonesia in an effort to control antibiotic resistance in Indonesia. The method used with review literature conducted in field national and international for five years last. Research results show that, both at home sick, health centers, and pharmacy, there is Lots challenges that stand in the way implementation regulation This. Use antibiotics without prescription, therapy that is not in accordance guidelines, and use antibiotics spectrum wide without clear indication is a number of violations found. Therefore, it is necessary to strengthen policy implementation through education, antibiotic use audits, and a One Health- based cross - sector approach to effectively control antibiotic resistance in Indonesia.
Integration of Customary Criminal Law into the National Legal System: Opportunities and Challenges Afnaini, Afnaini; Hamdan, Hamdan
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 purpose of this study is to examine the advantages and disadvantages of incorporating customary criminal law within the national legal framework of Indonesia. The local justice principles of customary criminal law, which is rooted in indigenous communities, frequently diverge from those of the national criminal justice system, which is focused on legal positivism. The incorporation of customary criminal law has emerged as a key concern in legal reform with decentralization and the constitutional recognition of indigenous communities. The research method used is juridical-normative with analysis of laws and regulations and court decisions. According to the study's findings, Indonesia's law enforcement system might benefit greatly from customary criminal law, particularly in achieving restorative and contextual justice that aligns with the local values of indigenous people. The significance of living law in society as a supplement to national law is highlighted by the recognition of customary criminal law by Law Number 1 of 2023 respecting the Criminal Code. Although there are still issues with legal harmonization, the legality principle, and the limitations of customary institutions, this study also discovered that regional regulations governing customary criminal law can improve the legitimacy and efficacy of customary law enforcement.
Legal Jurisprudence on the Determination of Mandatory Maintenance and Madiyah Maintenance for Wives after Divorce ( Ecision Study Number 388/ Rev.G /2024/ PA.Prob ) Jamilah Rizka; Sukiati, Sukiati; Mhd Yadi Harapan
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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This paper explores the legal jurisprudence regarding livelihood iddah (obligatory maintenance during the waiting period) and livelihood madīyah (past maintenance) for ex-wives following divorce, through the lens of Decision Number 388/ Pdt.G /2024/ PA.Prob . The study is grounded in the urgent need for legal protection of women, particularly those who face economic vulnerability after divorce, by ensuring their right to financial support from former husbands. The research aims to analyze the judge's legal reasoning in awarding these two forms of maintenance, as well as to assess how the decision embodies substantive justice and aligns with both Islamic law and Indonesia's positive legal system. Utilizing a normative juridical approach and qualitative descriptive analysis, the study draws from document analysis and legal literature. The findings indicate that the judge's decision was based on considerations of Sharia principles, statutory regulations, the husband's financial capacity, and the overarching aim of justice and protection of women's rights. However, deficiencies were identified in the form of ambiguous criteria for the amount of maintenance awarded and insufficient elaboration on the evidence supporting livelihood madīyah . Despite these limitations, the decision marks a significant contribution to the development of jurisprudence that prioritizes justice and safeguards for women post-divorce .
Maritime Boundary Delimitation Settlement Strategy in East Segment II of the Singapore Strait Through the Three Stage Approach Atika Thahira; Hendra Arjuna
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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This research explores strategic legal pathways for addressing the unresolved maritime boundary delimitation in East Segment II of the Singapore Strait, a maritime area jointly bordered by Indonesia, Singapore, and Malaysia. The lack of formal delimitation in this segment has resulted in a jurisdictional vacuum, often referred to as a legal grey zone, which has significant implications for state sovereignty, international legal compliance, and regional maritime security. Through a qualitative legal analysis grounded in empirical research methods, this study investigates the intricate legal issues surrounding the Trijunction Point—a critical zone of overlapping claims. As a potential solution, the study supports the application of the Three-Stage Approach, comprising the construction of a provisional equidistance line, adjustment based on relevant geographic and legal considerations, and the application of a disproportionality test. Widely employed in international maritime adjudication, this method is recommended as a viable and equitable framework to facilitate legal certainty, foster regional cooperation, and uphold the rights and obligations of the littoral states involved.
Internal Factors Causing Misunderstanding Towards Islam and Islamic Law Eko Cipta Burnama; Ali Romon; Neneng Nurhasanah
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Misunderstandings of Islam remain a pervasive global phenomenon, affecting both interreligious perceptions and intra-faith comprehension. While Islam fundamentally promotes justice, compassion, and peace, it is frequently portrayed as intolerant, violent, or irrational. In Indonesia—the world’s largest Muslim-majority country—such misconceptions have intensified, evidenced by public ridicule and the derogatory representation of Islamic symbols, including distorted references to Allah and the Prophet Muhammad. This study identifies that internal factors among Muslims significantly contribute to the persistence of these misperceptions. Employing a qualitative-analytical approach, this study integrates several theoretical frameworks: Ninian Smart’s dimensions of religion, Schramm’s communication model, Berger and Luckmann’s theory of social construction, Edward Said’s Orientalism, and Gudykunst and Kim’s intercultural communication theory. The findings reveal five core internal factors: (1) fragmented understanding of Islamic teachings that privileges textual over contextual interpretations; (2) limited exegesis that neglects socio-political dimensions; (3) epistemological tensions between rationalist (Ahl al-Ra’y) and traditionalist (Ahl al-Hadith) schools; (4) political instrumentalization of religion; and (5) insufficient religious education that impairs critical engagement with Islamic values. These internal conditions are reinforced by external media narratives and orientalist discourse, perpetuating negative stereotypes and Islamophobia. This article argues for the urgent need to reconstruct Islamic understanding through contextualized education, interfaith dialogue, and inclusive hermeneutics that reflect Islam’s ethical and universal dimensions. Such efforts are essential to deconstruct entrenched biases and to foster more accurate, respectful representations of Islam in both Muslim and non-Muslim societies.
Legal Strength Analysis of Land Ownership under Grant Sultan Status in the Indonesian Land Law System (Case Study of Supreme Court Decision Number 227-PK/PDT/2015) Jasin Dosi Raja Simarmata; Mochammad Erwin Radityo; Fitri Rafianti
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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In human life, this country is a place where people can live and live, so that this country is not separate from human actions themselves. Therefore, land is needed for everyone on this planet, which often causes problems and conflicts, especially those related to land. The formulation of the problem that is the purpose of this study is: How is the land ownership system in Indonesian law and What are the problems that arise in land ownership with the status of Grant Sultan looking at case no. 227-PK / PDT / 2015. This study uses the nature of Descriptive Analytical research. The type of research used in this study is Normative Juridical legal research obtained from secondary data. This research method uses normative juridical research, namely research based on the reason that legal research is a process of discovering legal rules, legal principles, and doctrines to answer the legal questions faced. For this reason, a rule is needed that regulates the relationship between humans and land. For humans, land is a place and space for all living things on earth, and is a source of life. On the one hand, population growth has increased and continues to accelerate, followed by the development of science and technological progress in various fields, while the country is limited natural resources.
Implementation of Sanctions Against Perpetrators of Child Trafficking Crimes at the Argamakmur District Court Rio Nugroho; Dwikari Nuristiningsih; Ependi, Ependi
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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The problem of child trafficking has complex ethical, social and legal dimensions, making it one of the most serious human rights violations. Forced labor, sexual exploitation and other forms of exploitation that undermine children's futures are all too common, and children are the most vulnerable victims. The purpose of this study was to understand the application of criminal sanctions for perpetrators of child trafficking in the Argamakmur District Court and to identify obstacles faced in the process. The method used was the empirical law type (socio-legal) juridical-sociological approach. Data were obtained through direct interviews with judges, perpetrators, and victims, as well as studies of court decision documentation. This study resulted in the implementation of penalties for those who commit this crime based on the provisions of the law that have been enacted, especially Law Number 35 of 2014 concerning Child Protection. However, the sanctions imposed are still relatively light and do not fully reflect substantive justice, because they only use one article of the law, even though the perpetrators carry out economic and sexual exploitation. Obstacles in the application of sanctions include the lack of understanding of law enforcement officers regarding the relevant articles, limited evidence, minimal reporting, and social factors such as pressure on victims. This study recommends the need for special training for the part that enforces the rules and strengthens each agency in handling child trafficking cases.

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