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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 Penerapan Undang-Undang Nomor 1 Tahun 2023 Tentang KUHP Terhadap Batas Minimal Usia Perkawinan Masayu Robianti; Fathur Rachman; Andriansyah Kartadinata
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 2 (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.v8i2.2586

Abstract

This study aims to analyze the reasons for the legislators to change the setting of the minimum age for marriage for women according to the Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code Amendment to Law Number 16 of 2019 concerning Marriage. The choice of this theme is based on the constitutional background in the previous Marriage Law, the contents of Article - Marriage Law Number 16 of 2019 are not in line with the law that was born later, namely Law 35 of 2014 concerning Amendments to Law Number 23 of 2002 on Child Protection. Based on the above, this paper raises the formulation of the problem: what are the reasons for the legislators to change the minimum marriage limit based on the Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code for Amendments to the Marriage Law. This research is a normative juridical research, using historical approach (historical approach) and statutory approach (statue approach). and the statutory approach. Primary, secondary and tertiary legal materials obtained by the author were analyzed. The results of this study the reasons for the legislators to change the minimum marriage limit for women based on the Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code Amendment to Law Number 16 of 2019 concerning Marriage is the result of this research. Philosophically, this is to eliminate discrimination in the acquisition of basic rights and constitutional rights arising from differences in the minimum age limit for marriage as stipulated in Law no. 16 of 2019. Sociologically, this is to prevent the occurrence of early marriage which will have a further impact on the occurrence of pregnant women and childbirth at an early age which are at high risk for the health of the mother and baby. Juridically, this is a fulfillment of the mandate of the Constitutional Court Decision No. 22/PUU-XV/2017 related to the unification of the minimum age for marriage between men and women, synchronizing the law alongside the Child Protection Act, and part of ensuring the ability to act within the law.
Implementasi Perlindungan Hukum Dan Penyelesaian Perselisihan Transaksi Fraud Bagi Pemegang Kartu Kredit Hasmonel Hasmonel
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 2 (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.v8i2.2559

Abstract

The aim of this research is to discover, analyze and examine the practice/ implementation of legal protection for credit card holders and forms of consumer protection in resolving fraudulent transaction disputes. The research method used in this research is normative juridical using a qualitative approach. Apart from that, a literature approach and a statutory approach are also used which also include a conceptual approach and a case approach. Credit cards are a form of innovation in the banking business which is increasingly developing and banking transactions using credit cards are becoming more massive. However, if negligence or fraud occurs, the bank's position is very dominant which will of course prioritize the bank's own interests. Therefore, currently the position and interests of customers have not been properly protected. The demand for banks to act professionally while protecting their credit card holders is increasing, thus encouraging banks to adjust their efforts to serve their customers, one of which is by creating innovations while remaining efficient. This is clearly seen in the agreement between the bank and the customer or the provisions regarding the use of bank services or products which are determined unilaterally by the bank, so that in such conditions if a problem arises later it cannot be resolved quickly with clear responsibilities. One example is the Indonesian Supreme Court Decision No.1527 K/Pdt/2015. regarding the Bank Mandiri Tbk case. VS Mr Sutrisno. Based on this decision, even though Mr. Sutrisno had obtained legal protection that had permanent legal force and fulfilled a sense of justice, this was done in approximately 3 (three) years, where previously Sutrisno as a credit card holder had been harmed by a Bank Mandiri credit card product that had never been he uses but has a number of obligations that must be paid.
Pertanggungjawaban Pidana Korporasi dalam Korupsi Pengadaan Barang dan Jasa Konstruksi Galuh Nur Hasanah; Anita Zulfiani
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 2 (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.v8i2.2321

Abstract

The development of criminal law is now beginning to recognize corporations as entities subject to criminal law, so that corporations suspected of committing criminal acts can also be held criminally responsible. This study aims to analyze the concept of criminal liability for corporations that commit corruption in the field of procurement of goods and construction services. The method used in this paper uses normative juridical law research by conducting a study of literature materials in the field of law related to the research topic. This research uses a statute approach and a case study. The results showed that in looking at criminal liability for corporations suspected of committing criminal acts, they must first see and know a mistake from the corporation. The imposition of penalties and determination of the amount of substitute money to be paid to corporations proven to have committed corruption should require new arrangements because existing legal regulations currently have limitations in certain cases prohibited from containing more arrangements than the provisions contained by law.
Analisis Putusan Majelis Hakim Dalam Perkara Perbuatan Melawan Hukum Bersekongkol Dan Bersama-Sama Telah Berbuat Curang Pada Surat Perjanjian / Akad Kredit Tami Rusli; Daffa Kresna Gading
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 2 (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.v8i2.2430

Abstract

The definition of credit is expressly stated in the provisions of Article 1 number 11 of Law Number 7 of 1992 as amended by Law Number 10 of 1998 (hereinafter referred to as the Banking Law) which states that credit is the provision of money or bills that can be equated with it, based on an agreement or loan agreement between a bank and another party that requires the borrower to pay off the debt after a period of time with interest. The research problem is what is the responsibility for the unlawful act of conspiring and together having cheated on the letter of agreement/credit contract Tanjung Karang District Court Decision Number: 164/Pdt.G/2021/PN Tjk?, what is the judge's consideration in deciding the action lawsuit case? against the law conspiring and together cheating on the letter of agreement / credit agreement in the Tanjung Karang District Court Decision Number: 164/Pdt.G/2021/PN Tjk. The research method used is a normative and empirical approach using secondary and primary data, data obtained from field studies, literature studies, and then carried out qualitative juridical analysis. Based on the research results, the responsibility for the unlawful act of conspiring and together having cheated on the letter of agreement/credit contract in the Tanjung Karang District Court Decision Number: 164/Pdt.G/2021/PN Tjk is to declare it null and void (Nietig) or at least the Letter of Agreement/Credit Agreement No.260/XII/2018 dated 13-12-2018 and the issuance of the Mortgage Ownership Certificate between Defendant I are declared void, punishing Defendant I through Defendant V jointly and severally to pay (Dwangsom) or forced money to the Plaintiff in the amount of Rp. 100,000,- (One hundred thousand rupiah) per day, ordered Defendant V to cancel An's Mortgage Ownership Certificate. The plaintiff and charged the costs incurred in this case to Defendant I to Defendant V in the amount of Rp. 4,710,000.00,- (four million seven hundred and ten thousand rupiah) and the judge's consideration in deciding the case of the lawsuit against the unlawful act of conspiring and jointly committing cheating on the letter of agreement / credit agreement in the Tanjung Karang District Court Decision Number: 164/Pdt.G/2021/PN Tjk is that there was a mismatch between the documentary evidence and the Plaintiff's witnesses so that the Panel of Judges concluded that Defendant I had used / pledged the ownership certificate Number 13965/KD in the name of the Plaintiff which explains that the Plaintiff's inherited assets are certainly not the rights of Defendant I guaranteed in the financing agreement Number 260 dated 13 December 2018 with Defendant III. This is an act that is contrary to the law or statutory regulations and can be said to be an unlawful act.
Implementasi Prinsip Restorative Justice Dalam Penanganan Tindak Pidana Pencemaran Nama Baik Melalui Media Sosial Dyah Ayu Ramadhanti; Tahura Malagano; Dina Haryati Sukardi
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 2 (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.v8i2.2562

Abstract

This study discusses and examines the application of the concept of Restorative Justice in the settlement of criminal defamation cases by the Lampung Regional Police Investigator, as well as policies in efforts to apply Restorative Justice in the settlement of criminal defamation cases in the future. The results of research and discussion show that the role of the Investigator of the Cyber Unit of the Lampung Regional Police in the application of restorative justice to criminal defamation cases through social media includes the receipt of complaints. Then it continues in the investigation phase with the qualification of the case, summons, and termination of the investigation. The Restorative justice approach is considered capable of realizing a simple, fast and low-cost justice system, thus further ensuring the fulfillment of legal certainty and community justice. It involves a process whereby all parties at risk in a particular crime jointly seek to collectively resolve how to deal with the aftermath of the crime and its implications in the future. The suggestion in this study is that as law enforcers, investigators at Subdit V Cyber Polri Polda Lampung in this case are expected to hold regular socialization to the public about restorative justice, because there are still many who do not understand the term restorative justice, and it is hoped that the application of restorative justice in Indonesia for criminal defamation cases through social media will get attention More than the government by issuing a clearer legal or regulatory umbrella that criminal defamation can be resolved with a restorative justice approach.
Pertanggungjawaban Pelaku Tindak Pidana Pembuatan Dan Pemalsuan Surat Keterangan Catatan Kepolisian (SKCK) Sebagai Syarat Daftar Pekerjaan Di PT. GGP Humas Jaya Gracemark Chrissaulita Panjaitan; Lukmanul Hakim; Ansori Ansori
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 2 (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.v8i2.2114

Abstract

The criminal act of counterfeiting is a form of crime that is quite widely committed by the community with or without a tool, because in today's modern era, technological advances are increasingly rapid which can support criminals so that it is easier to commit a crime of forgery or fraud. A person is said to have committed a criminal act, if his act is proven to be a criminal act as stipulated in the applicable criminal laws and regulations. However, someone who has been proven to have committed a criminal act cannot always be sentenced to a crime. This is because in criminal liability, it is not only seen from the actions, but also seen from the element of guilt. Criminal liability is a legal mechanism in which every person who commits a crime or violates the law, as defined in the law, must be held accountable for his actions according to his mistakes. The term criminal law has a plural meaning. In criminal law the concept of responsibility is a central concept known as the teaching of error. Certificate of Police Records (SKCK) is a letter or record evidence from the Police Agency through Security Intelligence units (Intelkam) regarding a person's track record or history in the criminal field which explains whether or not a person has committed a crime.
Perbuatan Melawan Hukum Oleh Badan Pertanahan Nasional Terkait Sertifikat Pengganti Hak Milik Atas Tanah Prakasa, Nugraha Medica; Maulidiana, Lina; Abadi, Nikmat; Renaldy, Rendy
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 2 (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.v8i2.2599

Abstract

Land registration is a government task carried out in order to ensure legal certainty in the land sector (a "Rechts Kadastre" or "Legal Cadastre"). The purpose of land registration is stated in Article 3 of Government Regulation Number 24 of 1997. To achieve this orderly administration, every plot of land and apartment unit including transfer, encumbrance and write-off must be registered in Government Regulation Number 24 of 1997. Article 1 paragraph (20) states: "Certificate is a certificate of proof of rights as intended in Article 19 paragraph (2) letter c UUPA for land rights, management rights, waqf land, ownership rights to apartment units and mortgage rights, each of which has been recorded in the relevant land book. The method used in this research is a normative approach and a Socio Legal approach which originates from collecting data obtained from primary data and secondary data, then analyzed using qualitative analysis methods. The results of this research answer that the form of unlawful action by the National Land Agency regarding land ownership certificates based on Decision Number 169/Pdt.G/2022/PN.Tjk is not carrying out community requests regarding Government Regulation Number 24 of 1997 concerning Land Registration Article 57 paragraph (1) which explains that at the request of the right holder a new certificate is issued as a replacement for a certificate that is damaged, lost, still uses a blank certificate that is no longer used or that was not handed over to the auction buyer in an execution auction. Meanwhile, the analysis of the judge's considerations regarding unlawful acts by the National Land Agency regarding certificates of ownership of land based on Decision Number 169/Pdt.G/2022/PN.Tjk is from a normative aspect because Certificate of Ownership Number 926/Kd, issued on May 9 1977, is located in Sukarame Village, Kedaton District, Bandar Lampung City with Measurement Letter Number 2931/1977 dated 7 February 1977 with an area of 8,400 (eight thousand four hundred) square meters in the name of Purwanto, which is a legal product of State Administrative Officials and is owned by the Plaintiff based on a gift from his parents.
Analisis Pengaturan Tata Tertib Penggunaan Jalan Raya Berdasarkan Undang-Undang Nomor 22 Tahun 2009 Tentang Lalu Lintas Dan Angkutan Jalan Sakung Wibowo; Zainuddin Hasan; Nathaniel Benecia S; M Zacky Hasbana; Ariya Rama Cahya; M Imam Hasbana; Riski Adinata
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 2 (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.v8i2.2370

Abstract

The purpose of this research is to analyze the regulation regarding rules for the use of highways based on Law Number 22 of 2009 concerning Road Traffic and Transportation. The method used is normative and empirical juridical using primary and secondary data. Education on traffic rules is very important to be carried out and given to the next generation of the nation, starting from the level of kindergarten education to the senior secondary level. It is not only given to students but also must be equally understood by the general public at large. The application of socialization and explanation related to traffic rules is also very important to be held, it is hoped that students and also the general public can understand and comply with traffic rules properly. Community compliance in understanding these traffic signs can have a good impact so that the level of accidents and traffic decreases and does not endanger other road users.
Tinjauan Hukum Pidana Internasional Atas Tindakan Eksploitasi Sumber Daya Perikanan Di Wilayah Laut ZEE Indonesia Oleh Kapal Asing Sevti Prana Ningrum; Rizkita Brahmana; Siti Khodijah; Herly Antoni
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 2 (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.v8i2.2561

Abstract

The Exclusive Economic Zone (EEZ) is a new legal system regulated in the 1982 maritime law agreement between countries. Therefore, the abundant marine fisheries resources in Indonesia's EEZ allow for actions that are detrimental to being an archipelagic country due to violations committed by foreign countries that violate state sovereignty. Therefore, the Indonesian government has established legal rules regarding the use of fisheries resources and maritime boundaries in Law Number 17 of 1985 from the ratification of UNCLOS 82, and in its implementation these legal rules must not deviate from the Indonesian Constitution. Apart from vigilance, of course this is a a warning to the country in maintaining its sovereignty so that it is protected from intervention by foreign countries who secretly steal data on the country's territory and look for gaps in defense weaknesses through maritime boundaries. Therefore, all regulations regarding the territorial boundaries of the Exclusive Economic Zone (EEZ) have been summarized in UNCLOS 82. This article aims to explore aspects related to the protection of water resources in the EEZ and the provisions of international and transnational criminal law that anticipate the protection of water resources in the EEZ. This research utilizes normative methods that are descriptive in nature and tend to utilize data analysis.
Diversi Oleh Pengadilan Negeri Kotabumi Sebagai Bentuk Penyelesaian Perkara Anak Mardianto, Andi Barkan; Idham, Idham; Purwoko, Tedy; Santina, Rika
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 2 (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.v8i2.2598

Abstract

Furthermore, the Children's Judge in its implication has an obligation and realizes a balanced Diversity Agreement for both parties, in which the agreement of diversia is an agreement on the results of the Diversion deliberation process as outlined in the form of documents and signed by the parties involved in the Diversion deliberation. handling children as perpetrators of crime is one form of attention of judges to the conditions of children who are different from adults, the nature of children as individuals who are still unstable, the future of children as assets of the nation and the position of people in communities who still need protection can be used as a basis for searching alternative solutions on how to avoid children from a formal criminal justice system. The method used in this study is an empirical approach derived from data collection obtained from primary data and secondary data, then analyzed by qualitative analysis methods. The results of this study ultimately provide the answer that diversion as a form of settlement of child criminal cases through the Restorative justice approach by Judges of Children in the Kotabumi District Court can be implicated because of observing 1) The best interests of the Child, 2) The survival and growth of the Child. The suggestion from this research is that the role of the Facilitator needs to be socialized more intensively to the community because there are still many people who do not understand correctly the implementation of diversion.

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