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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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A Business Law Review on the Unauthorized Use of Product Photos That Infringe Copyright on Digital Marketplaces Dewi Yustiana
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 rapid development of digital commerce has impacted the pattern of intellectual property rights violations, particularly copyright infringement of product photos on marketplace platforms. The unauthorized use of product photos by third parties often occurs and is frequently underestimated, even though such actions constitute copyright violations regulated under Law Number 28 of 2014 concerning Copyright. This study aims to review the legal business protection for copyright owners of product photos misused on digital marketplaces, as well as to analyze the responsibilities of business actors and platform providers. The method used is a normative juridical approach with legislation review and literature study. The results show that legal protection against copyright violations in the digital realm remains suboptimal, especially in terms of law enforcement and platform supervision. Strengthening regulations, socialization to business actors, and raising legal awareness among marketplace users are needed to prevent similar violations in the future.
The Role of Human Resources Development in Legal Aspects and the Optimization of Human Resource Competence at PT. Hana Cakra Indonesia Muhlis Fahdiar Sembiring; Taoufan Ilhami
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

HR plays a strategic role in facilitating corporate change by ensuring that employees are prepared and capable of handling it. This involves effective communication, training to enhance skills, and building trust in the face of uncertainty that often accompanies change. Furthermore, HR also plays a role in driving innovation within the company. By fostering a culture of innovation that celebrates new ideas and encourages cross-departmental collaboration, HR can facilitate the discovery of new solutions, products, or services that can help the company grow and gain a competitive advantage. By managing change and promoting innovation, HR not only strengthens a company's market position but also improves work quality and employee engagement, which ultimately contributes to the company's long-term success. Therefore, managing change and innovation is at the heart of HR strategy, ensuring the company's adaptation to external and internal changes and creating sustainable added value for the organization. In today's dynamic business world, the role of HRD in improving overall company performance cannot be underestimated. Through careful recruitment and selection practices, continuous employee development, proactive performance management, and planned conflict management and well-being, HRD can create a work environment that is not only productive but also harmonious. By implementing effective human resource development strategies, companies can develop employee capacity and motivation, enabling continued growth and competitiveness in an increasingly competitive marketplace. In this research, HRD is not only a human resource administration manager but also a strategic partner in achieving the company's business goals. HRD is expected to be a proactive agent of change in developing employee potential, creating an inclusive and productive work environment, and adapting to technological developments and workplace trends.
Law Enforcement Against Cyber Crime in the Form of Phishing According to Law Number 1 of 2023 Concerning Criminal Code Feberman Lahagu; Zetria Erma; Ramadhany Nasution
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 development of digital technology has given birth to various forms of cybercrime, one of which is phishing, which is a fraudulent act that utilizes social engineering techniques to steal victims' personal data. This study aims to examine the legal regulation of phishing crimes in Law Number 1 of 2023 concerning the Criminal Code, identify the factors that cause this crime, and evaluate the effectiveness of law enforcement in Indonesia. This research uses a normative juridical method with a legislative approach and document study. The results of the study show that the new Criminal Code has explicitly regulated the crime of phishing through Articles 332, 333, and 334 which include illegal access, destruction of electronic systems, and financial benefits from unauthorized access. However, because the law has not been fully enforced, law enforcement still refers to the ITE Law. The main factors causing the rise of phishing include low digital literacy of the community, limited law enforcement facilities, economic factors, and the sophistication of cybercrime modes. Therefore, there needs to be a synergy between adaptive regulations, increasing public awareness, and strengthening the capacity of law enforcement to face the challenges of cybercrime in the digital era.
Criminal Responsibility of Child Perpetrators in Crimes of Violence Against Victims in the Form of Imposing Restitution Hakim, Fathurrohman; Fathurokhman, Ferry; Saputra, Dadang Herli
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 absence of additional punishment in the form of restitution imposition on the defendant of the crime of sexual intercourse committed on a child and resulting in pregnancy in the Serang District Court Decision Number: 621/PID.SUS/2019/PN.Srg, certainly creates injustice and will have a direct impact on the child conceived by the victim, because the criminal liability of the defendant O.M.A.J. is no different from the criminal liability of the perpetrator whose actions do not result in pregnancy in the victim's child. The problems in this study are how the imposition of restitution as the responsibility of the perpetrator of sexual intercourse with a child that results in pregnancy, and how criminal law policy regulates the responsibility of the perpetrator of sexual intercourse with a child that results in pregnancy. The method used is normative juridical, using secondary data sources. Data collection techniques by means of documentation studies, and all data collected are analyzed qualitatively. The results of the research show: 1) The imposition of restitution as the responsibility of the perpetrator of sexual intercourse with a child resulting in pregnancy has not been fulfilled in Serang District Court Decision Number: 621/PID.SUS/2019/PN.Srg, where the defendant was sentenced to 10 years imprisonment and a fine of Rp60,000,000, without any additional punishment in the form of imposition of restitution or compensation to the child victim. This is contrary to Article 7 of the Law on Witness and Victim Protection, as well as Article 4 of Supreme Court Regulation Number 1 Year 2022, which states that victims are entitled to restitution; 2) Criminal law policy in regulating the responsibility of perpetrators of sexual intercourse with children resulting in pregnancy has not fulfilled the principle of justice for victims, because the verdict imposed on the defendant in Decision Number: 621/Pid.Sus/2019/PN.Srg did not consider the consequences caused by the defendant's actions which resulted in pregnancy for the victim's child.
Legal Analysis of the Prohibition on Female Civil Servants Becoming Second Wives in Polygamous Marriages: A Case Study of Decision No. 7/Pdt.G/2017/PA.BATG Naila Zikirach Br Lubis; Mochammad Erwin Radityo; Dina Andiza
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 analyzes the legal basis and implications of the prohibition on female civil servants becoming second wives in polygamous marriages, with a focus on decision no. 7/pdt.g/2017/pa.batg. The study aims to explore the intersection between marital rights, gender equality, and administrative regulations within the indonesian legal system. Using a normative legal method combined with a case approach, the research examines relevant laws including law no. 1 of 1974 on marriage, government regulation no. 45 of 1990 on amendments to regulation no. 10 of 1983 concerning marriage for civil servants, and other related legal instruments. The findings show that the prohibition is rooted in efforts to maintain professional integrity, institutional discipline, and gender equity in the public sector. However, the enforcement of such restrictions raises constitutional questions regarding equal rights and personal freedom. The case of decision no. 7/pdt.g/2017/pa.batg highlights the tension between individual marital choices and institutional norms. This research concludes that while the regulation seeks to uphold ethical standards in public service, it also requires harmonization with fundamental human rights principles to ensure justice and legal certainty.
Implementation of Restorative Justice in Traffic Accidents by the Ambon Police Traffic Unit Dewastyana, Jessica; Rodiyah, Rodiyah; Widyawati, Anis
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

Traffic accidents are a serious problem that not only impacts safety but also raises complex legal and social issues. Traffic accident cases in Indonesia have tended to be handled through formal criminal justice mechanisms that are oriented towards punishment, often failing to provide complete recovery for victims and the community. With the development of the concept of restorative justice, the Indonesian National Police (Polresta Ambon) has begun to implement this approach in case resolution, including at the Ambon Police Department. This study aims to analyze the application of restorative justice in handling traffic accidents by the Ambon Police Department Traffic Unit and identify the obstacles encountered in its implementation. The research method uses a normative-empirical juridical approach with qualitative analysis. Primary data were obtained through interviews with police officers, victims, and perpetrators of traffic accidents, while secondary data were obtained from literature, legal documents, annual reports of the Ambon Police Department, and statistical data from the Central Statistics Agency. The analysis was conducted by linking field findings with the theoretical framework of Restorative Justice (Howard Zehr and John Braithwaite), the theory of justice (Aristotle and John Rawls), and the theory of the Criminal Justice System by Lawrence M. Friedman. The results of the study indicate that the implementation of Restorative Justice in the Ambon Police is carried out through a mediation process involving victims, perpetrators, and community leaders, with a focus on reparation of losses and restoration of social relations. However, its implementation still faces obstacles, both from the aspect of legal substance in the form of a weak regulatory basis, the aspect of legal structure in the form of limited apparatus and infrastructure resources, and the aspect of legal culture in the form of the dominance of the retributive paradigm in society. This study concludes that Restorative Justice is a more humane and just mechanism, but requires strengthening regulations, increasing the capacity of officers, and socialization to the community so that it can be implemented consistently and effectively in Ambon City.
Laws of Evidence In The Resolution of State Administrative Disputes and Criminal Cases Zendrato, Ferawati
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

In every dispute/case process that is resolved through the courts, evidence is basically needed, whether it occurs in the process of resolving state administrative disputes, civil cases, and criminal cases. The Law of Evidence in procedural law is very important because the task of evidence determines the truth in a conflict of interest. And on the basis of this evidence, the judge makes a decision to try to find the truth. The law of evidence in state administrative procedural law, criminal law which has a different object of dispute where in the process of resolving disputes/cases there are similarities and there are differences in the principles adopted. One of the similarities in the principles adopted, in the resolution of state administrative disputes/in state administrative court procedural law there is the principle of presumption of rechtmatieg which has the same meaning as the presumption of innocence in criminal procedural law. In making a decision by a judge after examining the evidence, there is a difference between a state administrative court judge in resolving state administrative disputes and a district court judge in resolving criminal cases. In administrative disputes, a judge may make a decision based on a minimum of two pieces of evidence according to the judge's belief and there is no absolute evidence, while in criminal cases, the judge's decision must have sufficient evidence according to the law, there must be witness testimony and the judge's belief.
Errors in Purchasing Land Rights Which Result in Criminal Liability (Case Study of the Application of Article 385 Paragraph 1 of the KUHP in Cases of Land Grabbing) Murdipin Hadi; Yusuf M. Said
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

Basically, the difference in court decisions in land grabbing cases is a problem related to the fulfillment of the elements of the crime in Article 385 paragraph (1) of the Criminal Code that can be criminally accounted for. The fulfillment of the elements of the crime in question certainly has a correlation with the determination of the defendant which is the consideration of the Panel of Judges in the case. Therefore, in this study there are problems, namely: 1. Can the act of purchasing land rights be categorized as an error that can be criminally accounted for? 2. How is the legal consideration of the Panel of Judges in applying Article 385 Paragraph 1 of the Criminal Code that can cause differences in criminal decisions in land grabbing cases viewed from the theory of legal certainty? The research method used is a normative juridical research that will examine court decisions regarding land grabbing cases that have permanent legal force. The court decision will be examined based on the legal provisions contained in the Old Criminal Code. The results of the study conclude that: 1. Actions that can be categorized as criminal acts, namely: a. Actions intended to benefit oneself or others unlawfully; b. Selling, exchanging, or encumbering with a right to land, a building, structure, planting, or seeding. Meanwhile, the aspect of error in criminal acts in the crime of land grabbing as regulated in Article 385 Paragraph 1 of the Criminal Code relates to "even though it is known that the one who has or also has rights to it is another person". 2. There are different views from the Panel of Judges in the decision of the crime of land grabbing as regulated in Article 385 Paragraph 1 of the Criminal Code in the Decision of the Palangkaraya District Court Number: 53 / Pid.B / 2018 / PN.Plk dated May 7, 2018, which emphasizes more on the legal position of the Defendant as a land buyer, while in the Decision of the Supreme Court Number: 683 K / PID / 2018.
Implementation of Restorative Justice by the Semarang Police Criminal Investigation Unit to Criminal Perpetrators during the Investigation and Prosecution Stages Melandri, Marco; Utari, Indah Sri; Rodiyah, Rodiyah
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 study examines the application of restorative justice by the Semarang City Police Criminal Investigation Unit (Satreskrim) in handling perpetrators of criminal acts during the stages of investigation and inquiry. The study arises from the need for alternative solutions to criminal cases that prioritize not only punishment but also the restoration of conditions for victims, offenders, and the wider community. The research is directed toward two central problems: first, how restorative justice is applied by the Semarang City Police, and second, what factors support or hinder its implementation. Using a juridical-sociological approach with descriptive analytical methods, this study relies on both primary and secondary data. Primary data were collected through interviews with police officers, victims, perpetrators, and community leaders involved in the settlement process. Secondary data were obtained from laws, regulations, literature, and previous studies. Data were analyzed qualitatively through reduction, presentation, and conclusion, guided by Howard Zehr and John Braithwaite’s restorative justice theory as well as Soerjono Soekanto’s theory of legal effectiveness. Findings reveal that restorative justice is implemented primarily through mediation, where perpetrators, victims, families, and community representatives meet to achieve peaceful agreements. These agreements generally consist of apologies, compensation, and case dismissal as regulated in Police Regulation Number 8 of 2021. Supporting factors include a clear legal foundation, institutional support, adequate facilities, and strong traditions of deliberation in society. Nevertheless, challenges remain, such as limited officer comprehension, differing views with prosecutors, weak regulatory enforcement, and public preference for retributive justice. The study concludes that restorative justice has shown positive results but requires stronger regulations, capacity building, and wider public education for consistent application.
The Configuration of Electoral Design in Indonesia Following the Constitutional Court Decision Number 135/PUU-XXII/2024 Concerning the Separation of the Implementation of National Elections and Local Elections Bangas, Karlinae D.; Susilowati, Eny; Safari, Fuji Syifa
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 study examines the implications of the Constitutional Court Decision No. 135/PUU-XXII/2024 concerning the separation of National and Local Elections in Indonesia. The separation introduces significant normative, institutional, fiscal, and socio-political challenges, including potential judicial overreach, administrative burdens, fragmentation of governance cycles, and decreased political participation. This research employs doctrinal legal analysis with statute, case, conceptual, and comparative approaches, aiming to analyze both normative aspects and practical consequences of the election separation. The findings indicate that post-decision electoral design must ensure legal certainty through legislative revisions, strengthen the capacity of election management institutions, and enhance political representation and public participation. Comparative studies with India and the United States demonstrate that separated elections can operate effectively without reducing legitimacy, provided legal, institutional, and public participation frameworks are properly established. The ideal configuration is for national and local elections to remain within a single five-year governmental period, but conducted with planned temporal intervals to substantively and sustainably reinforce constitutional democracy.

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