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Justness : Jurnal Hukum Politik dan Agama
Published by Sekolah Tinggi Ilmu Hukum Zainul Hasan
ISSN : -     EISSN : 28290607     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
JUSTNESS : Jurnal Hukum dan Agama Pernyataan kode etik ilmiah merupakan pernyataan kode etik semua pihak yang terlibat dalam proses publikasi JUSTNESS: Jurnal Hukum Politik dan Agama, yaitu pengelola, editor, mitra bestari dan pengarang/penulis.
Arjuna Subject : Seni dan Humaniora - Studi Agama
Articles 64 Documents
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IMPLEMENTASI DIVERSI BAGI ANAK DIBAWAH UMUR YANG MELAKUKAN TINDAK PIDANA BERDASARKAN KETENTUAN UNDANG-UNDANG NOMOR 11 TAHUN 2021 TENTANG SISTEM PERADILAN ANAK Zainal, Muhammad
JUSTNESS - Jurnal Hukun dan Agama Vol 3 No 2 (2023): September 2023
Publisher : STIH Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v3i2.44

Abstract

ABSTRACT This research aims to analyze the implementation of diversion for underage children who commit criminal acts in accordance with the provisions of Law Number 11 of 2021 concerning the Juvenile Justice System. Diversion is an alternative approach in handling juvenile offenders with the aim of providing a learning experience without going through formal court proceedings. This study examines the process of implementing diversion, influencing factors, and the impact of using diversion on underage juvenile offenders. The research method employed in this study is a normative juridical approach. The normative juridical approach involves studying theories and concepts related to normative issues through literature review by examining existing legal materials. Furthermore, this research also utilizes a statute approach, which involves analyzing regulations and rules related to the legal issue, especially Law Number 11 of 2021. The research findings indicate that the implementation of diversion has progressed, but still faces various challenges such as diverse understandings from those involved in the juvenile justice system and the community, as well as resource limitations. These outcomes are influenced by factors such as awareness of the importance of rehabilitating children, community involvement, and coordination among relevant institutions, which significantly impact the success of diversion implementation. In the long term, diversion is expected to contribute positively to improving the behavior of juvenile offenders, reducing recidivism rates, and minimizing the negative impact of the criminal justice system on underage children. This study provides in-depth insights into the implementation of diversion for underage children involved in criminal acts or commonly known as children in conflict with the law, focusing on legal, social, and rehabilitative aspects. The implications of this research are expected to support efforts to improve the juvenile justice system and provide guidance for stakeholders to take effective steps in facilitating diversion as a viable alternative in addressing juvenile offenders.
ANALISIS PERBUATAN MENGHALANGI PROSES PENYIDIKAN, PENUNTUTAN DAN PERADILAN (OBSTRUCTION OF JUSTICE) DALAM SISTEM PIDANA DI INDONESIA Suryadi, Mohammad Anton; Zainal, Muhammad
JUSTNESS - Jurnal Hukun dan Agama Vol 3 No 2 (2023): September 2023
Publisher : STIH Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v3i2.46

Abstract

ABSTRACT Obstruction of justice or what is betterly known as the acts of obstructing to the judicial process is a type of crime because its action is considered to hamper the law enforcement system and damage to the image of law institutions. The obstruction of justice aims to obstruct or have effect to pervert the legal process and to disrupt the proper function of a judicial process. Another definition of obstruction of justice is an attempt to interfere with the administration of the courts, the judicial system or law enforcement officers, including threatening witnesses, inappropriate conversations with the jury (judge), hiding evidence, or interfering with the arrest process. Therefore, the obstruction of justice is considered as any types of intervention to the entire legal and justice process from beginning till ending. Therefore, the obstruction of justice is categorized as a type of criminal acts of the contempt of court. The criminal law system of Indonesia normatively regulates acts of obstructing the justice process in many regulations, both generally in the penal code and the specific criminal laws that regulate the eradication of corruption, the eradication of terrorism, the eradication of human trafficking, prevention and eradication of money laundering and narcotics law. The point that needs to be paid attention to regarding acts of obstructing the judicial process in the penal code is that of many articles that can be analogous as the acts of obstructing the judicial process, there are 2 (two) articles that clearly state the elements of preventing, obstructing, thwarting, causing trouble, obstructing the judicial process. The same elements have also been regulated in the articles which constitute as the acts of obstructing to the judicial process in the specific criminal laws. Keywords: the acts of obstructing to the judicial process, Criminal System of Indonesia
MODUS DAN FAKTOR PENYEBAB MARAKNYA KASUS PEKERJA MIGRAN INDONESIA (PMI) ILEGAL DI KABUPATEN LUMAJANG Fathullah, Kholidazia El Hamzah; Ma’shum, Ahmad Djazim
JUSTNESS - Jurnal Hukun dan Agama Vol 3 No 2 (2023): September 2023
Publisher : STIH Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v3i2.47

Abstract

Abstract The low level of wages in the country is related to the limited number of jobs available, making people prefer to work abroad. Most Indonesian Migrant Workers (PMI) choose illegal routes. In many cases of illegal migration, both in the context of internal migration and international migration, the role of "taikong" or labor brokers is very important. As happened in Lumajang Regency, in November 2023, it was recorded in the Lumajang District Court's Case Tracking Information System (SIPP) that there were 6 cases of the Crime of Human Trafficking (TPPO) committed by taikong or brokers in sending and placing PMI illegally abroad. . The aim of this research is to analyze the Taikong or Broker Mode in Lumajang Regency in the Illegal Placement of Indonesian Migrant Workers (PMI) Abroad and to analyze the factors that cause Indonesian Migrant Workers (PMI) to choose illegal methods. This research uses empirical legal research with a juridical-sociological approach. Keyword : Modus, the Illegal Placement of Indonesian Migrant Workers, the Crime of Human Trafficking
PROSES PENYIDIKAN TINDAK PIDANA YANG DILAKUKAN OLEH ANAK Cahyono, Rudi; Muhamad Dluha; Samsul Huda
JUSTNESS - Jurnal Hukun dan Agama Vol 3 No 2 (2023): September 2023
Publisher : STIH Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v3i2.50

Abstract

Abstract Children who incidentally have not been able to think and act maturely sometimes do things that are irregular and against the law that can result in harm to others so that the victims and perpetrators admit to being unfair to each other. crimes committed by children. The benefits of this research are to find out the efforts or processes of investigation and investigation of criminal acts carried out by children, the method taken using the Juridical Empirical method by combining primary and secondary data obtained from the field in the form of interviews and other legal sources. The research in writing this thesis is the mechanism of investigation and investigation carried out by the Probolinggo resort police in criminal acts committed by children is to use the legal basis of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The juvenile criminal justice system is in accordance with Law Number 11 of 2012. The suggestion of this research is that legal protection in the process of investigating children should be given more attention because this concerns the future of children who still need guidance from adults. Keywords: Investigation, Crime, Children
KREDIT BARANG DALAM SISTEM PEMBAYARAN PAYLATER DI TRANSAKSI JUAL BELI ONLINE Cahyono, Rudi; Hasan Basri; Fathul Qorib
JUSTNESS - Jurnal Hukun dan Agama Vol 3 No 2 (2023): September 2023
Publisher : STIH Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v3i2.51

Abstract

Abstract The impact of increasing technological progress and the internet seems to have contributed to the Indonesian financial system. One example is seen with the development of financial technology in the community. Fintech or financial technology is the name of an innovation in the field of financial services that iscombined with technology. Fintech is currently gaining popularity with the PayLater feature, aka pay later. The PayLater feature is very popular quickly due to the advancement of payment system technology in giant e-commerce such as Tokopedia, Shopee, Traveloka, Bukalapak, Kredivo, etc. This research is normative legal research. The researcher uses a data collection tool in the form of a literature study by examining OJK Regulation Number 77/POJK.01/2016. The main legal basis used in lending and borrowing activities in fintech activities is POJK 77 of 2016. In the Shopee PayLater service, the standard agreement scheme is used. So, for PayLater users, in activating the payment system, they should understand in advance about the terms and conditions, namely the contents of the agreement set by the e-commerce party and the organizer. from one of the parties on the Shopee PayLater service in the form of an administrative warning. PayLater users are expected to pay bills in accordance with the agreed time in order to avoid these sanctions. Keywords: Credit, PayLater, Buy and Sell Online.
PERUBAHAN SERTIPIKAT HAK GUNA BANGUNAN MENJADI HAK MILIK ATAS TANAH Rohim, Abdur; Rudi Cahyono
JUSTNESS - Jurnal Hukun dan Agama Vol 3 No 2 (2023): September 2023
Publisher : STIH Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v3i2.52

Abstract

Abstract In Probolinggo Regency, there are many lands that were built to be residential houses, one of which is housing with the status of Building Use Rights (HGB). This research is to find out how the implementation of the change in Rights from Building Use Rights to Ownership Rights based on the Basic Agrarian Law (LoGA) Number 5 of 1960 This research uses the Juridical Empirical method. The sources used are Primary Data Sources which are data sources to obtain primary data by conducting field research by conducting interviews and direct consultations with related parties and secondary data sources in the form of writing obtained by conducting library research, whether in the form of books. general, as well as laws and regulations in order to obtain a theoretical basis. Based on the data analysis carried out, it was concluded that in the process of implementing the change of Building Use Rights into Ownership Rights by a legal entity / developer in registering the improvement process at the Probolinggo Regency Land Office requires 12 (twelve) stages within a period of 7 (seven) days based on Regulation of the Head of the National Land Agency of the Republic of Indonesia Number 1 of 2010 concerning Standards for Land Services and Regulations (SPOPP), so that the certificate changes to the status of Property Rights. Keywords: Changes, use rights, buildings, become property rights
IMPLEMENTASI PERMENKUMHAM NOMOR 6 TAHUN 2013 TENTANG TATA TERTIB LAPAS DAN RUTAN TERHADAP PELANGGARAN OLEH WARGA BINAAN PEMAYARAKATAN DI RUTAN KELAS IIB KRAKSAAN Basri, Hasan
JUSTNESS - Jurnal Hukun dan Agama Vol 4 No 1 (2024): March 2024
Publisher : STIH Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v4i01.53

Abstract

Abstract   The penitentiary institution or State Detention Center (Rutan) is an institution with all the risks of looking after convicts or those who are serving prison sentences. This research aims to describe the application of disciplinary punishments to correctional inmates who violate the rules and regulations at the Class IIB Kraksaan Detention Center according to Minister of Law and Human Rights Regulation Number 6 of 2013 concerning Rules for Prisons and Detention Centers. The second is to examine and analyze the obstacles faced by the Class IIB Kraksaan Detention Center in providing guidance to correctional inmates who are indisciplined for violations of rules and regulations. The method used in this research is empirical research. The results of the research show that the application of disciplinary law to correctional inmates is in accordance with Law Number 22 of 2022 concerning Corrections and Minister of Law and Human Rights Regulation Number 6 of 2013 concerning Regulations for Prisons and Detention Centers. Meanwhile, the obstacles faced in taking action are due to the existence of familial relationships between employees and inmates, the lack of personnel, the behavior and character of inmates who are not aware of the law.   Keywords : Implementation, Disciplinary Punishments, Community Inmates, Detention Centers  
UPAYA PERLINDUNGAN HAK ASASI PEREMPUAN SEBAGAI KORBAN KEKERASAN DI SUMATERA UTARA Junaidi; Hodriani
JUSTNESS - Jurnal Hukun dan Agama Vol 4 No 1 (2024): March 2024
Publisher : STIH Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v4i01.54

Abstract

Protection, fulfillment, and respect for women's human rights are the responsibility of various parties, both state institutions and community institutions and even political parties. However, there are still many acts of violence against women. The purpose of this research is to find out how to protect women's human rights as victims of violence in North Sumatra. The research method used in this study is the literature literacy method with data collection instruments in the form of books, journals, websites and other sources. The data analysis technique used is the Miles and Huberman model, namely data reduction, data display, and verification. The results of the study are that there are still many cases of violence against women that occur in Indonesia with a total of 2,389 cases in 2020 and in North Sumatra in particular as many as 35 cases of violence against women. efforts to protect against violence the government of North Sumatra has established a Regional Regulation and the Governor of North Sumatra established the Minimum Service Standard for Integrated Services, and Regional Regulation number 3 of 2019 concerning the Protection of Women and Children from Violence.
Penggunaan Media Sosial Oleh Peserta Pemilu Pada Masa Tenang: (Pelanggaran Pemilu Atau Kebebasan Berekspresi) Suling, Derfy
JUSTNESS - Jurnal Hukun dan Agama Vol 4 No 1 (2024): March 2024
Publisher : STIH Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v4i01.55

Abstract

The use of social media as a campaign method for election participants is very effective in building broad connectivity and is very efficient in terms of time used when compared to other campaign methods. This shows that campaigns carried out on social media make it very easy for politicians and political parties to carry out campaigns anytime and anywhere so that in other words, campaigns through social media are not limited in space and time It is possible for election participants to use social media during the quiet period in a capacity not as election participants to convey their thoughts and ideas. However, as an election participant, this can be indicated as a form of campaign action. The question of whether this should be considered a form of election violation or a form of freedom of expression is the goal to be answered through this research. The use of social media as a means of campaigning outside the schedule needs to be seen from several different perspectives where the action is a form of election violation, but can also be seen as a form of freedom of expression.
PELAKSANAAN PROGRAM PENDAFTARAN TANAH SISTEMATIS LENGKAP (PTSL) DI KANTOR BPN KAB. PROBOLINGGO Rozi, Fathur; Cahyono, Rudi
JUSTNESS - Jurnal Hukun dan Agama Vol 4 No 1 (2024): March 2024
Publisher : STIH Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v4i01.56

Abstract

Abstract The land registration program through complete systematic land registration (PTSL) which targets land registration throughout Indonesia is expected to be completed in 2025. This is the first land registration activity to be carried out simultaneously. How is it implemented and what obstacles are faced by BPN Kab. Probolinggo in implementing the PTSL program. Apart from that, this research also aims to identify steps that can be taken to overcome these obstacles and increase the efficiency of PTSL implementation. This research uses an empirical juridical approach. Data was obtained through field case studies, literature and policy analysis relevant to the PTSL Program. This research found that PTSL has an important role in providing legal certainty and protection of land rights in Indonesia. However, obstacles faced include limited human resources, geographic challenges, and administrative complexity. To overcome this, it is necessary to increase recruitment and training of human resources, use of information technology, collaboration between related parties, and a holistic, technology-based approach. By overcoming these obstacles, PTSL can be implemented more efficiently and provide greater benefits in providing legal certainty and protection of land rights in Indonesia. Keywords: Land Registration, PTSL Program, Land Certificate

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