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Paska Marto Hasugian
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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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Family as the Front Guard: Strategy For Preventing Violence Against Children From the Perspective of Law No. 35 Of 2014 on Child Protection Nahyu Amalya; Tri Eka Putra Muhtarivansyah Waruwu
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Abstract

This study discusses in depth the role of the family in preventing violence against children from the perspective of Law No. 35 of 2014 concerning Child Protection, and offers applicable and law-based strategy solutions. Violence against children is a violation of human rights that has long-term impacts on the psychological, social, and physical development of children. In this context, Law No. 35 of 2014 concerning Child Protection emphasizes the role of the family as the front line in preventing violence against children. This study aims to examine preventive strategies that can be adopted by families in preventing violence against children, in accordance with the principles of child protection mandated in the law. A juridical-normative approach is used to analyze legal provisions and their implementation at the family level. The results of the study indicate that active involvement of parents in positive parenting, education of anti-violence values, and increasing legal awareness are the main strategies in protecting children in the domestic environment. The family not only functions as the first social unit, but also as the main fortress in guaranteeing children's rights to a sense of security and protection from all forms of violence.
Article Review: Implementation of Criminal Sanctions For Narcotic and Psychotropic Substance Abuse in Indonesia Putri Ulan Sari; Rasmi Zakiah Oktarlina
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 abuse of narcotics and psychotropic substances is a serious issue with far-reaching impacts on public health, social stability, and national resilience. Although these substances have legitimate benefits in the fields of medicine and science, their illegal use poses significant risks to society, particularly to the younger generation. Indonesia has established criminal sanctions for perpetrators of drug abuse through Law Number 35 of 2009 on Narcotics and Law Number 5 of 1997 on Psychotropics. This study aims to analyze the application of criminal sanctions for the abuse of narcotics and psychotropics, including legal aspects, involvement of both the general public and medical personnel, and the effectiveness of the current law enforcement system. The findings indicate that the implementation of criminal sanctions still faces several challenges, such as inconsistencies in legal treatment, limited rehabilitation facilities, and weak control over drug distribution. Therefore, a more humane and integrated legal approach through prevention, treatment, rehabilitation, and repressive measures is crucial to breaking the cycle of drug abuse in Indonesia.
The Dynamics of Criminal Law Reform in Indonesia: a Historical and Prospective Review From the Colonial Penal Code to the 2023 National Criminal Code Marnija, Marnija; Zainal Arifin Hoesein
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Criminal law reform is a fundamental agenda within Indonesia’s national legal system, particularly aimed at replacing the colonial legacy of the Wetboek van Strafrecht, which had remained in effect for over a century. This study aims to examine the dynamics of criminal law reform from the colonial era to the enactment of the 2023 National Criminal Code (KUHP), and to analyze the challenges of implementing this codification within the context of substantive law. The research adopts a normative juridical approach, utilizing literature review methods and qualitative analysis of both primary and secondary legal sources. The study employs historical, statutory, conceptual, and comparative approaches. The findings indicate that the 2023 KUHP represents a monumental achievement in the development of national law, as it is founded on the values of Pancasila, the principles of social justice, and respect for human rights. However, the substance of several articles remains repressive and open to multiple interpretations, failing to fully embody the principles of modern, responsive, and democratic criminal law. Furthermore, a significant gap exists between the idealism of codification and its practical application, as evidenced by the unpreparedness of law enforcement institutions, the lack of supporting instruments, and public resistance to controversial provisions such as articles on cohabitation, adultery, and defamation of state institutions. Therefore, criminal law reform in Indonesia must extend beyond normative changes and be accompanied by institutional reform, capacity-building for legal actors, and broader public participation.
Implementation of Aceh Qanun Number 11 of 2018 in Southeast Aceh Regency Perspective Maṣlaḥah Al-Mursalah Afri Hasni Putra; Tri Rasyid Desky; Fitra Jaya; Geri Suherman
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Study This For describe implementation related Aceh Qanun Regulation Number 11 of 2018 concerning institution Islamic finance in frame study implementation of qanun in perspective maṣlaḥah For explore and prove benefit of the qanun. Methodology study This use the approach used is approach juridical sociological, where in context law is effort understand something reality with look at the law as formal legal rules that are still in effect in form nas or those who have become product thinking man from results understanding to nas Good in the form of jurisprudence and laws. Primary data sources is through the interview process with subject study through technical sampling. While secondary data is covering from documents obtained from sources library consisting of from books, journals, research related to Aceh qanun institutions Islamic finance and concepts maṣlaḥah. Research results show that part public feel maṣlaḥah or the benefits from this qanun, while There is some of it Again Not yet feel benefits and knowledge about implementation of institutional regulations Islamic finance.
Juridical Analysis of the Socialization Process in the Formation of Village Regulations Based on Law No. 6 Of 2014 in Tanjung Pasir Village Muhammad Viki Ardi; Muhammad Faiz Siregar
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Abstract

The socialization of Law Number 6 of 2014 concerning Villages, held in Tanjung Pasir Village, Pangkalan Susu District, Langkat Regency, aimed to strengthen community understanding of their rights and obligations in the process of drafting Village Regulations (Perdes). This activity focused on environmental conservation issues, particularly the protection of mangrove ecosystems as part of efforts to build sustainable villages. Involving 17 participants from the community, village officials, and environmental partners of the Sumatran Elephant Foundation (Yagasu), this activity was carried out in a participatory and deliberative manner. The legal approach used in this outreach refers to the principle of participatory democracy, as stipulated in Article 68 of Law No. 6 of 2014 and Article 96 of Law No. 12 of 2011 concerning the Formation of Legislation. Yagasu's presence as a partner strengthens the substance of village regulations through ecological education and legal assistance, which encourages the integration of environmental protection into local legal norms. Through village deliberations, participants not only receive material but also actively convey aspirations and questions related to their position as legal subjects in the formulation of Village Regulations. The findings of this activity demonstrate that targeted and facilitated public participation can produce village regulations that are normatively legal and ecologically just. This outreach demonstrates that the formation of village-level law depends not only on formal legality but also on social and ecological legitimacy built through collaboration between the community, village government, and non-state actors. Thus, this activity model makes an important contribution to the practice of village governance and environmental law, and is an effective approach to supporting democratic and sustainable village development.
Mangrove Restoration as an Implementation of Environmental Legal Responsibility: a Critical Analysis of Law No. 32 of 2009 on Environmental Protection and Management Adillah Fajar Siddiq; Mhd Al-Israq Manik; Abdul Rahman M Siregar
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Mangrove ecosystems play a crucial role in maintaining coastal ecological balance, protecting biodiversity, and mitigating the impacts of climate change. However, increasing environmental degradation and land-use changes have led to severe mangrove deforestation in Indonesia. This paper critically analyzes the implementation of Law No. 32 of 2009 on Environmental Protection and Management in relation to mangrove restoration efforts. By adopting a juridical-normative approach combined with a socio-legal perspective, the study explores the extent to which legal frameworks have been effectively translated into actionable restoration programs. The analysis highlights both the strengths and gaps in the current regulatory system, including the lack of law enforcement, weak institutional coordination, and limited community participation. It is found that while the law provides a strong foundation for environmental responsibility, its practical implementation remains inconsistent and fragmented. Strengthening policy integration, enhancing local governance, and promoting collaborative restoration initiatives are key to ensuring that mangrove rehabilitation aligns with Indonesia’s legal obligations. This study contributes to the discourse on environmental governance by emphasizing the need for legal reforms and policy coherence in achieving sustainable coastal ecosystem restoration.
Legal Review of a Man who has Sexual Intercourse with a Woman so that He has a Child Out of Wedlock (Case Study of North Sumatra Police Report Number: STTLP/B/559/X/2024/SPKT/POLDA SUMUT) David Angdreas
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Sexual intercourse outside the bonds of legal marriage is a complex phenomenon with profound legal and social implications, especially when it results in children out of wedlock. In the Indonesian legal context, this act is known as adultery or extra-marital copulation, and has significant consequences, particularly in relation to the legal status of the child and the rights attached to it. In this research, the research method used is non-research qualitative research. Results of Research and Discussion: Police efforts in conducting DNA tests to biological fathers and legal protection for victims (children) of intercourse in review of Law Number 35 of 2014. The conclusions and suggestions in this study are that police efforts in establishing biological fathers through DNA testing are important procedures in criminal investigations, supported by the Criminal Procedure Code and the Child Protection Law, despite facing cost, consent, privacy, and psychological challenges; meanwhile, Law No. 35 of 2014 provides strong legal protection for children from the results of adultery based on the principle of non-discrimination, guaranteeing their basic rights even though proving the relationship of biological fathers and related civil rights is still a challenge. To optimise the use of DNA testing by the police and the legal protection of children from adultery in accordance with Law Number 35 of 2014, clear SOPs, adequate budget, strong coordination, increased officer capacity, data privacy guarantees, psychological considerations, cross-agency cooperation, socialisation of the Constitutional Court Decision, effective paternity proof mechanisms, increased paternal responsibility, harmonisation of civil law, empowerment of mothers and children, and evaluation of the implementation of the law are needed.
The Role of University Students in Preventing Corruption in the Digital Era Jajuli, Ahmad; Nurtresna, Robby
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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From year to year, the intensity of corruption issues has increased. In the effort to eradicate corruption, university students play a strategic role by contributing to concrete activities, including mapping corruption and providing advocacy for corruption victims. The endeavor to prevent the proliferation of corrupt practices must be carried out by all elements of society, including the youth. History has recorded in golden ink the struggle of students in combating injustice. It is also noted that the nation’s struggle cannot be separated from the involvement of university students, and from their movements emerge prominent figures and national leaders. The student struggle is far from over. Today, students face challenges that are no less significant than those of the past—a situation that has left the nation in decline, exemplified by the rampant issue of corruption. Students must recognize that corruption is the principal enemy of the Indonesian nation and must be fought.
The Role and Implementation of the Administrative Court in Guaranteeing Legal Certainty in Government Administrative Decisions Fitnawati WN, Santy; Maulana, Anas; Hidayatulloh, Syarif; Solehun, Solehun; Apitri, Siti
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 Administrative Court (Pengadilan Tata Usaha Negara, PTUN) holds a pivotal role in upholding the rule of law by reviewing the legality of state administrative actions and safeguarding citizens' legal rights. This study explores the existence and practical implementation of the PTUN in ensuring legal certainty over State Administrative Decisions (Keputusan Tata Usaha Negara, KTUN). Employing a normative juridical approach with qualitative-descriptive analysis, the research examines statutory regulations and relevant literature. The findings reveal that, despite a solid legal foundation, the effectiveness of PTUN is hindered by limited public legal awareness, restricted access to judicial mechanisms, and insufficient understanding of its jurisdictional authority. To enhance the court’s functionality within Indonesia’s administrative law system, the study recommends strengthening institutional frameworks, improving human resource capacity, and expanding public legal education. These measures are essential to realize the court's mandate in delivering administrative justice and ensuring good governance.
Legal Protection for Victims of Extortion Crimes: A Study at the Medan Polrestabes Dini Ramadani Sinaga; Onny Medaline; Ida Nadirah
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Cybercrime is becoming increasingly complex in today's digital era, one of which is sextortion, which poses a serious threat to the security and privacy of individuals, particularly women and children. Sextortion is a technology-based sexual crime that exploits a victim's intimate data for blackmail. This study aims to determine the form of sextortion crime, to determine legal protection for victims of sextortion crimes and to determine the obstacles in efforts to provide legal protection for victims of sextortion crimes. This type of research uses an empirical legal research approach. The nature of the research used is descriptive analysis. Using the method of legislative approach related to the legal issues being studied. The results of this study indicate that the legal protection provided to victims of sextortion by the police, including: Provision of legal assistance, Confidentiality of victim identity, Arrest of perpetrators with preliminary evidence, Provision of other assistance in the form of health services, Rehabilitation efforts. Legal protection for victims of crime is an effort to restore losses suffered by victims. Legal regulations in Indonesia cover various aspects of community life in Indonesia, one example is the formation of various Government Regulations and Laws that regulate and guarantee the security of the continuity of community life. For the obstacles themselves there are no, but for the difficulty in revealing this case (profiling), investigators find it difficult to communicate with the victim, where the victim feels embarrassed when communicating because of the problems he experiences which cause fear, anxiety and trauma that he feels during this case.

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