cover
Contact Name
Rudi Cahyono
Contact Email
rdc@pzhgenggong.or.id
Phone
+62885257274667
Journal Mail Official
ejournal@stihzainulhasan.ac.id
Editorial Address
Jl. Panglima Sudirman No. 360 Kraksaan, Probolinggo, Jawa Timur, Indonesia. Kodepos: 67282
Location
Kab. probolinggo,
Jawa timur
INDONESIA
Justness : Jurnal Hukum Politik dan Agama
ISSN : -     EISSN : 28290607     DOI : -
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.
Articles 64 Documents
PEMBATALAN PERJANJIAN YANG DILAKUKAN OLEH SALAH SATU PIHAK Cahyono, Rudi; Abdur Rohim; Vera Wati
JUSTNESS - Jurnal Hukun dan Agama Vol 5 No 1 (2025): Maret 2025
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v5i1.75

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Abstract This article discusses the phenomenon of cancellation of an agreement carried out by one of the parties in contract law. Cancellation of an agreement can occur for various reasons, such as violation of agreed terms, inability to fulfill obligations, or elements of fraud and coercion. In this study, the author analyzes the legal basis governing the cancellation of agreements, including provisions in the Civil Code (KUHPer) and general principles of contract law. Apart from that, this article also explores the legal consequences of canceling an agreement, both for the party canceling it and the party who is injured, as well as steps that can be taken to resolve disputes that arise as a result of the cancellation. This article aims to provide a deeper understanding of the legal implications of canceling an agreement and the importance of complying with the terms agreed upon in the contract. In this way, readers can understand the legal dynamics related to canceling agreements and the preventive steps that can be taken to avoid future conflicts. Keywords : contract law, cancellation
Keabsahan Transaksi Jual Beli Cash and Delivery (COD) Oleh Anak Di Bawah Umur Di Platform E-Commerce Gangga Listiawan
JUSTNESS - Jurnal Hukun dan Agama Vol 5 No 1 (2025): Maret 2025
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v5i1.78

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This study examines the validity of buying and selling transactions using the Cash on Delivery (COD) payment method involving minors on e-commerce platforms. The primary focus of this research is the aspect of legal capacity in online transactions based on Article 1320 of the Indonesian Civil Code (KUHPerdata), which requires legal capacity as an essential element of a valid agreement. Minors, as regulated in Article 330 of the Civil Code, are considered not to have full legal capacity to enter into binding agreements. However, in practice, children frequently engage in online transactions without strict age verification mechanisms. The findings indicate that while such transactions may be considered valid if no party disputes them, the legal capacity of minors remains a legal issue that can create uncertainty. In cases of dispute, a minor’s incapacity may serve as grounds for requesting contract annulment. To mitigate this risk, stricter regulations and age verification mechanisms in e-commerce COD transactions are necessary. Marketplaces must be responsible for providing features that allow parental or guardian involvement. Additionally, consumer education is essential to raise awareness of the legal risks that minors may face.
STRATEGI PEMERINTAH DESA DALAM MENINGKATKAN PELAYANAN ADMINISTRASI: STRATEGI PEMERINTAH DESA DALAM MENINGKATKAN PELAYANAN ADMINISTRASI Saifullah; Achmad Syamsul Askandar; Rudi Cahyono
JUSTNESS - Jurnal Hukun dan Agama Vol 5 No 1 (2025): Maret 2025
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v5i1.80

Abstract

Abstrak The Village Government is the Village Head or what is called by another name, assisted by Village officials as an element of village government administration. Law Number 6 of 2014 concerning Villages explicitly assigns duties to village governments, namely administering government, implementing development, community development, and community empowerment based on Pancasila, the 1945 Constitution of the Republic of Indonesia, and Bhinneka Tunggal Ika. The problems studied in this research and its objectives are first to find out the village government's strategy in improving administrative services in the vulnerable villages of Krejengan sub-district and to find out the type of administration of vulnerable villages in Krejengan sub-district in accordance with Minister of Home Affairs regulation number 47 of 2016. Based on the problem formulation and research objectives, the method used is an empirical juridical approach, namely legal research on regulations governing village government strategies in improving administrative services in Rawan Village, Krejengan District. The results of the research in preparing this thesis, in implementing village government strategies in improving administrative services in vulnerable villages in the Krejengan sub-district, village government administration is still not well organized by village government officials. This is evidenced by the inability of the village government apparatus to ensure that the administration of the village of Rawan can be orderly. Keywords: Village Government, Improving Administrative Services,Law Number 6 of 2014 concerning Villages.
PERBEDAAN ANTARA MEDIASI DAN KOSILIASI DALAM PENYELESAIAN SENGKETA: PERBEDAAN ANTARA MEDIASI DAN KOSILIASI DALAM PENYELESAIAN SENGKETA Siti Aminatus Sa’diyah; Anis Fitria; Samsul Huda
JUSTNESS - Jurnal Hukun dan Agama Vol 5 No 1 (2025): Maret 2025
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v5i1.81

Abstract

Abstract Dispute resolution is an important part of maintaining order and justice in the legal system, both through litigation and non-litigation. As the public's need for faster, cheaper, and more peaceful dispute resolution grows, Alternative Dispute Resolution (ADR) methods such as mediation and conciliation are becoming increasingly relevant choices. This article aims to analyze the differences between mediation and conciliation, explain the role of the conciliator in the conciliation process, and examine the legal regulations governing both dispute resolution methods in Indonesia. This study examines the differences between mediation and conciliation in dispute resolution, the role of the conciliator in the conciliation process, and the legal regulations governing mediation and conciliation in Indonesia. This study uses a normative juridical method with a qualitative approach based on laws and legal literature. The results of the discussion show that although mediation and conciliation both involve a neutral third party and aim to reach a peaceful agreement, there are fundamental differences in the process, the role of the third party, and the level of formality. The conciliator plays a more active role than the mediator, with the authority to provide opinions and design settlement proposals, but without making binding decisions. Regulations such as Perma No. 1 of 2016, Law No. 2 of 2004, Law No. 32 of 2009, and Law No. 30 of 1999 are the legal basis that strengthens the position of mediation and conciliation as legitimate instruments in resolving various types of disputes in Indonesia. Keywords: Dispute Resolution, Mediation, Conciliation, Conciliator, Indonesian Law
PELAKSANAAN PERTIMBANGAN TEKNIS PERTANAHAN (PTP) TERKAIT PERSETUJUAN KEGIATAN KESESUAIAN PEMANFAATAN RUANG (PKKPR) DIKANTOR BPN KAB.PROBOLINGGO: PELAKSANAAN PERTIMBANGAN TEKNIS PERTANAHAN (PTP) TERKAIT PERSETUJUAN KEGIATAN KESESUAIAN PEMANFAATAN RUANG (PKKPR) DIKANTOR BPN KAB.PROBOLINGGO MEIDEZELLA; DWI WAHYUNI; KHOLIDAZIA ELHAMZAH FATHULLAH
JUSTNESS - Jurnal Hukun dan Agama Vol 5 No 1 (2025): Maret 2025
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v5i1.82

Abstract

Abstract The risk-based business licensing system operated electronically by the Investment Coordinating Board (BKPM) is known as the Online Single Submission Risk Based Approach (OSS RBA). The implementation of technical considerations for land (PTP) is carried out by the National Land Agency Office, one of the classifications is the suitability of space utilization activities (KKPR) for business activities carried out through KKPR and PKKPR, licensing can be carried out even though the RDTR is not yet available or the existing RDTR has not been integrated into the OSS system, by using the PKKPR mechanism. while those that have been integrated into the OSS system use KKKPR, this manuscript aims to determine the meaning, application requirements, procedures, and obstacles to technical considerations for land in the framework of approval of the suitability of space utilization activities at the ATR/BPN office of Probolinggo Regency. This study adopts an empirical research method with a conceptual approach by conducting interviews as a data collection technique, Against one of the employees of the ATR/BPN office of Probolinggo Regency, The results of this study are the implementation of Technical Considerations for Land related to the Approval of the Suitability of Business Space Utilization Activities running according to the Service Provision Guidelines, The obstacles include the applicant cannot be contacted, differences in the terms and conditions between the OSS system and the requirements for Technical Considerations for Land, lack of communication between the applicant and the ATR/BPN office of Probolinggo Regency. Keywords: Land Technical Considerations, business licensing, space utilization.
ANALISIS YURIDIS PENDAFTARAN FIDUSIA ONLINE OLEH NOTARIS MELALUI WEBSITE ADMINISTRASI HUKUM UMUM: ANALISIS YURIDIS PENDAFTARAN FIDUSIA ONLINE OLEH NOTARIS MELALUI WEBSITE ADMINISTRASI HUKUM UMUM ACHMAD SAIFULLAH; MUHAMMAD ALI; KHUSNUL HITAMINAH
JUSTNESS - Jurnal Hukun dan Agama Vol 5 No 1 (2025): Maret 2025
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v5i1.83

Abstract

Abstract The registration of fiduciary collateral is mandatory . Article 13 of the Fiduciary Guarantee Law states that fiduciary registration is carried out by the fiduciary recipient, representative, or their attorney A notary as an attorney can also help the fiduciary recipient in registering the fiduciary deed at the fiduciary registration office.So the formulation of the problem in this journal is How is the procedure for online fiduciary registrationvia the AHU website by a notary and what is the responsibility of the notary in implementing data input for online fiduciary registration via the AHU website?. At present, fiduciary registration can be done online through the general legal adminstration website .Therefore, legal research is needed on Analysis Of Online Fiduciary Registration Process By Notaries Through General Legal Adminstration Website. This research adobts law nomatif reserarch and for further analyzed through legislative and conceptual approach using the method normative juridical Approach that utilizesl primary, secondary and tertiary legal sources to analyze various regulations in the field of notary law, the regulations regarding fiduciary registration by notaries, and books related to the fiduciary guarantees. Fiduciary Online must be carefully accepted by the notary, the notary's responsibility is greater, A thorough understanding of the registration procedures and requirements, readiness of complete and verified documents, careful utilization of the online system are key factors in the success of online fiduciary registration. The integrity of a notary is crucial to avoid violations of applicable rules and laws. Notarial deeds hold strong legal power, thus notaries must steer clear of dishonesty, manipulation, withholding of information, breaches of trust, fraud, or any legal violations linked to corporate crimes Keywords: Registration, Online fiduciary,Notary
ANALISIS TEORITIS PERAN PSIKOLOGI HUKUM DALAM MENGUNGKAP MOTIF PELAKU TINDAK PIDANA DALAM PROSES PERADILAN DI INDONESIA: ANALISIS TEORITIS PERAN PSIKOLOGI HUKUM DALAM MENGUNGKAP MOTIF PELAKU TINDAK PIDANA DALAM PROSES PERADILAN DI INDONESIA Muhammad Zainal
JUSTNESS - Jurnal Hukun dan Agama Vol 5 No 1 (2025): Maret 2025
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v5i1.84

Abstract

Abstract This study aims to theoretically analyze the role of legal psychology in uncovering the motives of criminal offenders in Indonesia's judicial process. Legal psychology plays a vital role in providing a deeper understanding of offenders' psychological conditions and the factors influencing criminal behavior. Using a qualitative approach and literature review, this research explains how legal psychology tools, such as in-depth interviews and personality tests, can assist judges and investigators in objectively assessing offenders' motives. The findings indicate that the application of legal psychology can enhance the evidentiary process and lead to fairer and more proportional decisions within Indonesia's criminal justice system. Keywords : Legal psychology, perpetrator motive, criminal act, judicial process, Indonesia
Penegakan Hukum Terhadap Korupsi Di Indonesia: Antara Upaya, Kendala Politik, Dan Integritas Aparat Alifia Mecca, Kaysa; Nuraziza, Fanisa; Aulia, Ribi
JUSTNESS - Jurnal Hukun dan Agama Vol 5 No 2 (2025): September 2025
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v5i2.85

Abstract

Corruption is a crucial threat because it can hinder development, damage the political and economic order and harm justice in Indonesia. This study uses a literature study method, by reviewing various secondary sources such as scientific journals, books, and laws and regulations that are relevant to the topic discussed. The results of this discussion are that Corruption is an act that is not commendable or a crime that is very detrimental to others by taking or seizing the rights of others that should be received by the person himself. Corruption not only harms the state in terms of finances, but can also increase public trust in the law and law enforcement officers. Law Number 3 of 1971 is an important step to expand and expand the definition of criminal acts of corruption, which later became Law Number 31 of 1999 as the main basis for eradicating corruption in Indonesia. There are three strategies for handling criminal acts of corruption in Indonesia in the Trident of corruption eradication, which consists of action, prevention and education. but all of that is inseparable from the obstacles that always exist such as political intervention and the weak integrity of law enforcement officers. In addition to the existing obstacles, various efforts have been made, such as the formation of the Corruption Eradication Committee (KPK) and increasing public awareness
Bimbingan Perkawinan terhadap Pembentukan Keluarga Sakinah (Studi Kasus di KUA Sumberjambe, Kabupaten Jember) Safithri, Awaliya; Sugianto, Ahmad Ryan; Ubaidillah Azhar, Achmad Chumaidi
JUSTNESS - Jurnal Hukun dan Agama Vol 5 No 2 (2025): September 2025
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v5i2.89

Abstract

ABSTRACT This study aims to analyze the contribution of marriage guidance to the formation of sakinah families in KUA Sumberjambe, Jember Regency. This guidance is seen as a preventive and promotive step in preparing the bride-to-be to live a harmonious home life based on Islamic values. This study uses a qualitative approach with a case study method. Data was obtained through in-depth interviews with religious extension workers, guidance participants, and direct observation of the guidance process. Marriage guidance at KUA Sumberjambe plays a strategic role in realizing a sakinah family based on sharia maqashid. This program not only instills religious values (hifz al-din), but also protects the soul (hifz al-nafs), intellect (hifz al-'aql), heredity (hifz al-nasl), property (hifz al-mal), and safeguards human dignity (karamah al-insan). Through comprehensive materials and an interactive approach, the bride-to-be is equipped with an understanding of sharia, communication skills, conflict management, and financial planning. This guidance is also promotive and preventive, encouraging the creation of benefits while preventing harm such as divorce and domestic violence. Post-marriage counseling strengthens the implementation of these values in real life. Thus, marriage guidance at KUA is not just an administrative procedure, but an effective instrument in building a harmonious, stable, and blessed family in accordance with Islamic principles and the goals of sharia. Keywords: Contribution, Marriage Guidance, Sakinah Family, KUA Sumberjambe.
Analisis Yuridis Kekuatan Pembuktian Perjanjian Lisan dalam Penyelesaian Sengketa Wanprestasi Berdasarkan Putusan Pengadilan No : 44/pdt.G/2025/PN.YYK Iva Yuli Hanifah; Khoirotunnisa; Lucky Dafira Nugroho
JUSTNESS - Jurnal Hukun dan Agama Vol 5 No 2 (2025): September 2025
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v5i2.91

Abstract

This research discusses the probative strength of oral agreements in breach of contract disputes. Oral agreements, although not written, are legally recognized under the Indonesian Civil Code. This article uses a normative juridical approach to examine the legal position of oral contracts and their evidentiary strength in courts. The findings reveal that oral agreements can be valid but have weaker evidentiary value compared to written agreements, especially in disputes involving default. Courts rely on witness testimony and supporting evidence to assess credibility. The conclusion emphasizes the need for legal awareness regarding contract documentation to prevent disputes.