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JUSTICIA SAINS: Jurnal Ilmu Hukum
Published by Universitas Sang Bumi Ruwa Jurai
ISSN : 25274201     EISSN : 25021788     DOI : https://doi.org/10.24967/jcs
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JUSTICIA SAINS: Jurnal Ilmu Hukum [E-ISSN: 2502-1788; P-ISSN: 2527-4201] is the Journal of Legal Studies published by the Faculty of Law of Universitas Sang Bumi Ruwa Jurai, Lampung, Indonesia. Its main aim to disseminate critical and original analysis from researchers and academic practitioners on various contemporary legal issues both local and foreign. The manuscript is published after undergoing a peer-review process by providing an exclusive analysis on law issues from various perspectives. This journal published biannually (June and November). The scopes of Justicia Sains Novelty are: Constitutional Law, Criminal Law, Civil Law, Islamic Law, Environmental Law, Human Rights, International Law, and also interconnection study with Legal Studies in accordance with the principle of novelty.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 269 Documents
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Analisis Sosial, Ekonomi, Dan Hukum Peran Serta Masyarakat Desa Labuh Air Pandan Dalam Upaya Alih Fungsi Kawasan Hutan Menjadi Hutan Kebun Masyarakat Anis Rindiani; Eko Riyadi; Rahmiati Ranti Pawari
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 1 (2023): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v8i1.2374

Abstract

Dengan adanya peningkatan jumlah penduduk di Desa Labuh Air Pandan, mengandung konsekuensi meningkatnya kebutuhan akan tanah, untuk tempat tinggal dan bercocok tanam yang selanjutnya untuk tempat usaha lainnya, namun di sisi lain dihadapkan pada kenyataan bahwa luas tanah tidak dapat bertambah, karenanya sasaran yang paling mudah untuk diakses adalah tanah hutan atau kawasan hutan yang ada. Hal ini salah satunya disebabkan oleh belum adanya tata batas yang jelas pada kawasan hutan tersebut dan belum adanya peraturan desa yang mengatur tentang pengelolaan Kawasan hutan sehingga dimanfaatkan oleh pihak-pihak yang berkepentingan seperti masyarakat dan perusahaan untuk merambah dan merubah fungsinya.  
Tanggung Jawab Kurator Dalam Perkara Kepailitan Berdasarkan Prinsip Independensi Sunaryo Sunaryo; Dina Haryati Sukardi
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 1 (2023): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v8i1.2309

Abstract

The curator must be independent and not have a conflict of interest because the curator has such great authority over bankruptcy assets. The research used in this research is normative legal research. This is because researchers use library materials as data to analyze cases in the preparation of this study. provisions regarding the principle of independence are emphasized in the Code of Ethics of the Indonesian Curator and Administrator Association (AKPI) which states that in every appointment received, members of the Indonesian Curator and Administrator Association (hereinafter referred to as "members") must be independent and free from anyone's influence. Independence in bankruptcy law can be interpreted that the curator may not and cannot be intervened by anything, either by debtors, creditors, or other individuals within the bankruptcy institution or outside the bankruptcy institution. Independent also reflects the integrity of a curator which contains values including having a noble character, being trustworthy in carrying out his position, being able to act wisely and prudently in dealing with a plural reality between the interests of debtors and creditors, being consistent between his words and the responsibilities he carries, obeying the values and Norms, both written and unwritten, and no less important, are always oriented to the best interests of the bankruptcy estate.
Analisis Jaminan Perorangan (Personal Guarantor) Dalam Perkara Kepailitan Ditinjau Dari Perspektif Hukum Dan Hak Asasi Manusia Serlika Aprita; Devi Sri Astuti; Siti Sarah; Lulu Larasari; Diah Pitaloka Harin
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 1 (2023): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v8i1.2375

Abstract

Bankruptcy personal guarantee that is bankrupt without first bankrupting the main debtor in the Supreme Court Decision Number 141/PK/Pdt.Sus/Pailit/2016 whether it is in accordance with the provisions of the applicable legislation and to find out the application and consideration of the judge in deciding the case in this case. This study aims to make everyone who wants to be a guarantor of the debtor understand the applicable rules regarding individual guarantees. This research method uses a normative juridical approach. Normative juridical is where the researcher refers to the legal norms that exist in laws and regulations, literature, expert opinions, and papers. The results of this study indicate that the Judge in Decision Number 141/PK/Pdt.Sus/Pailit/2016 bankrupt the personal guarantee without first insolventing the main debtor because the personal guarantee has relinquished all its privileges, although according to the researcher there are still problems related to the list. BI Checking in showing the existence of other creditors.
Perlindungan Dan Penyelesaian Sengketa Kosumen Sektor Jasa Keuangan Hasanal Mulkan; Veni Ardea Regita; Marissa Ikhsan; Fathya Faradilla; Muhammad Rizky Kurniawan
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 1 (2023): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v8i1.2379

Abstract

Disputes in the financial services sector can occur if there is a difference in understanding between the institution and the consumer regarding a service product from the related financial institution or from the institution's negligence in fulfilling its obligations. Consumer protection is all efforts to provide legal certainty to consumers. The PK Law is the legal basis for legal protection for consumers, while the OJK Law is the Constitution of the establishment of Financial Institutions, in this case the OJK as an independent body that regulates, supervises, inspects and investigates in the financial services sector as well as aims to protect consumers as users of financial services. In the applicable regulations, consumer protection is manifested in the obligations of financial services business actors related to complaint facilitation, complaint settlement facilities, internal control, consumer protection supervision, and sanctions. Settlement of disputes in the financial services sector first through the Financial Services Institution, if no settlement is reached, then proceed with settlement in court or out of court.
Peranan Bagian Hukum Sekretariat Daerah Kota Bandar Lampung Dalam Operasi Yustisi Penanganan Covid-19 Dery Hendryan; Muhammad Rusjana; Yudi Yusnandi
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 1 (2023): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v8i1.2437

Abstract

One of the main duties and functions of the Legal Department as regulated by the Mayor of Bandar Lampung No. 38 of 2021 Article 9 paragraph (1). There is Regional Regulation No. 1 of 2018. During the Covid-19 pandemic, the government issued Mayor's regulation Bandar Lampung city No. 18 of 2020 and No. 25 of 2020. This regulation forms the juridical basis and technical guidelines for judicial operations in handling Covid-19. The problem in this research is, what is the role of the Legal Department of the Bandar Lampung City Regional Secretariat in the justice operations in handling Covid-19? And what are the supporting and inhibiting factors in carrying out the justice operation? The research method is a normative juridical approach and an empirical juridical approach using secondary data and primary data. The results of the study, that the role of the Legal Department in the efforts of the Judicial Operations for Handling Covid-19 for Enforcement of Legislation, are in the form of: (1) not optimal due to the absence of the main tasks and functions of the Legal Section in Regional Regulation No. 1 of 2018, Mayor Regulation No. 18 of 2020 and Mayor Regulation No. 25 of 2020, (2) coaching (socialization/ education), written warnings 1, 2 and 3, controlling and sealing, (3) does not have a deterrent effect on residents and business actors because of light sanctions. Supporting factors for the Judicial Operations handling of Covid-19, namely: (1) support from the Mayor according to the vision and mission for Bandar Lampung, Healthy, Smart, Faithful, Cultured, Comfortable, Superior, Competitive, Based on the Economy for the Prosperity of the People, (2) coordination between agencies related very well and (3) the actions of the PPNS/Justisi Team were accompanied by the police as the PPNS Supervisory Board. The inhibiting factors are: (1) lack of facilities and infrastructure, (2) limited number of PPNS and (3) the Regional Regulation on Covid-19 does not yet exist, as a result of which sanctions and fines cannot be applied.
Penanggulangan Tindak Pidana Korupsi Melalui Perspektif Pancasila Silalahi, Wahrul Fauzi; Melati, Dwi Putri; Nusantara P, Bayu
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 1 (2023): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v8i1.2382

Abstract

The rise of criminal acts of corruption in Indonesia is contrary to the values of Pancasila as the life goal of the Indonesian nation, the problem in this research is how to deal with criminal acts through the perspective of Pancasila, this research method uses normative juridical methods, Pancasila has a very important role in upholding the rule of law, is philosophy, the basis of the state and open ideology. Pancasila is a source of enlightenment, a source of inspiration and as a basis for solving the problems faced by the Indonesian people in dealing with all types of violations and crimes in this case corruption.
Pelaksanaan Perjanjian Gadai Pada PT. Pegadaian UPC. Tanjung Seneng Bandar Lampung Male, Martina; Nadriana, Lenny; Fukuyama, Diena; Renaldy, Rendy
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 1 (2023): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v8i1.2446

Abstract

Pawn agreements at this time are agreements that are often carried out by the majority of people in order to fulfill a growing number of needs, the same is true for the services of PT. UPC Pawnshop. Tanjung Seneng Bandar Lampung, which provides solutions to people who are in need of funds by only providing a guarantee of valuable objects that have a value that matches the loan. In practice, several things become the subject of the problems discussed in this study, namely whether the form of a pawning agreement at PT. UPC Pawnshop. Tanjung Seneng and how is the settlement of non-performing loans at PT. Pegadaian UPC Tanjung Seneng.Efforts made in discussing and solving the problems in this study were carried out using two kinds of approaches, namely juridical/normative and empirical approaches. The normative approach is carried out by studying and reviewing the provisions in the form of laws and regulations that apply in a formal juridical manner relating to the implementation of mortgage agreements and efforts to settle problem loans at PT. Pegadaian UPC Tanjung Seneng. While the empirical approach is carried out by looking at the facts that apply to legal regulations related to the implementation of pawn agreements. The data sources used in this research are primary data and secondary data. The research phase includes library research, namely research intended to obtain secondary data and field research, namely a way to obtain primary data to support secondary data. Data collection techniques include document studies and interviews. Data collection tools in library research are in the form of notes on the results of an inventory of legal materials and data collection tools in field research are in the form of a list of questions, then recorded via a tape recorder and flash disk. Data analysis using juridical-qualitative method.The form of a pawn agreement at PT. UPC Pawnshop. TanjungHappy applies the standard form of agreement, the pawnshop has prepared all the requirements by default in the form, and contained in the Credit Proof (SBK) and Pawning Proof (SBG) with the intention that the borrower must agree to all the terms contained in the form. The form of a standard agreement does not conflict with statutory regulations, because the Civil Code and other statutory provisions also do not prohibit a person from making an agreement in the particular form he wants. Settlement of problem loans at PT. UPC Pawnshop. TanjungHappy is through persuasive efforts.
Kebijakan Pajak Dan Keuangan Publik Di Negara-Negara Muslim Selama Pandemi Covid-19: Perbandingan Uni Emirat Arab Dan Qatar Udiyo Basuki; Slamet Haryono
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 1 (2023): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v8i1.2387

Abstract

The Coronavirus (Covid-19) pandemic, which was caused by the SARS-CoV-2 virus since the beginning of 2020, has spread throughout the world. Due to the spread of this virus, the world is experiencing a health emergency, considering the large number of deaths caused by infected victims. The World Health Organization, WHO declared Covid-19 a pandemic on March 11, 2020. All affected countries immediately adopted policies to contain the spread of the virus, including the United Arab Emirates and Qatar, which are countries with the most open economic policies in the world. Various policies, especially policies in the field of taxation and public finance were taken by the Governments of the United Arab Emirates and Qatar to overcome the impact of the pandemic. The whole world that has a tax regime is engaged in a virus mitigation strategy.The research, which uses a combination of field research and library research, is analytically descriptive in nature, namely describing and analyzing the responses of the governments of the United Arab Emirates and Qatar regarding tax policy and the use of tax proceeds during the Covid-19 pandemic.The results of the research show that to deal with the consequences of the Covid-19 pandemic which has an impact on almost all sectors of life, the governments of the United Arab Emirates and Qatar have both taken strategic steps, including in tax policy. They issue various regulations related to taxation in terms of collecting tax funds and using tax funds through the state budget. 
Analisis Yuridis Pembinaan Residivis Anak Pada Lembaga Pemasyarakatan Khusus Anak Aryani, Gustina; Nadriana, Lenny; Arum, Ratna
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 1 (2023): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v8i1.2464

Abstract

The development of prisoners in Indonesia is implemented in the correctional system. Various forms of guidance for correctional students at Special Child Development Institutions cannot be separated from a change in the correctional system, which aims to provide provisions for correctional students to face life after completing their sentence. The problems that will be examined in this article include how to foster child recidivism in Special Child Development Institutions and what are the inhibiting factors in the implementation of child recidivism guidance in Special Child Development Institutions. The method used in this research is Normative Juridical and Empirical Juridical Research Methods, using primary data and secondary data. Research Results: The Bandar Lampung Special Children's Development Institute has generally attempted to provide rights to children by implementing and providing guidance in accordance with what is mandated by law. The implementation of coaching for correctional students who are recidivists has so far been the same as other correctional students who are not recidivists, this is because the program and coaching patterns that have existed so far have regulated this. In its implementation, Special Child Development Institutions find it quite difficult to run a coaching program, several inhibiting factors in the implementation of recidivist coaching for correctional students include: low level of education, children's skill abilities, lack of community participation and children's changing thinking patterns. Suggestions that can be given by the author regarding the problems that arise include: for Special Child Development Institutions, it is necessary to differentiate between the training of ordinary correctional students and recidivist correctional students which can have a deterrent effect on children so that they do not commit crimes again, for example by developing their mental health. children and put more emphasis on spiritual development and for officers at Special Education Institutions for Children to be able to encourage correctional students not to commit criminal acts again.
Tinjauan Regulasi Persekutuan Firma Dan Persekutuan Komanditer Pada Tatanan Hukum Indonesia Muslih Muslih; Andre Febrian Perdana
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 1 (2023): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v8i1.2148

Abstract

Article 23 of the Commercial Code stipulates that registration shall be filed through the Registrar's Office of the District Court of the jurisdiction where the company is domiciled. Whereas in Article 3 Paragraph (2) Permenkumham No. 17 of 2018 says that registration is submitted through the Business Entity Administration System (SABU). Seeing this, the issue of the existence and binding force of the laws and regulations regulated in Article 8 paragraph (1) of Law no. 12/2011, including the Ministerial Regulation, does not only regulate the existence of laws and regulations on a delegation basis. issuance of a new regulation regarding the establishment and registration of limited partnerships/CV in the business entity administration system (SABU) in accordance with the provisions of Article 5 paragraph (1) of the Regulation of the Minister of Law and Human Rights Number 17 of 2018 concerning Registration of limited partnerships, firm partnerships and civil partnerships which previously was only regulated in the Criminal Code. This research uses normative juridical research methods. The first conclusion is drawn, with the enactment of Permenkumham No. 17 of 2018, CV registration is easier and more organized and this also makes it easier for investors to get information about CVs that have been registered on SABU. Problems with establishing a CV from Permenkumham No. 17 of 2018 is the first, the establishment of a CV must order a name first before finally registering the CV on SABU. Second, the place for CV registration is changed to SABU. Third, the establishment of a CV is required to use an authentic deed.  

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