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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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Pertimbangan Hakim Dalam Perwalian Harta Waris Penyandang Autis Ditta Aulina Bakara; Erlina Bachri
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.v8i2.2456

Abstract

Article 28B, Paragraph 2 of the 1945 Constitution explains that every child has the right to survival, growth, and development, as well as the right to protection from violence and discrimination. Not all children are born perfectly; some are born imperfect. One example is a child with a disability, such as autism. Nevertheless, they possess the right to receive education, healthcare, and freedom of expression. Additionally, children also have the entitlement to preserve their cultural and religious identity and engage in social, cultural, and political aspects of life without facing discrimination. Their rights go beyond just receiving protection; they also have the right to inherit assets in accordance with their entitlement. The purpose of this study is to identify the factors that necessitate the inheritance of these assets and to explore how judges consider the guardianship of inheritance for individuals with autism, based on decision number 121/Pdt.P/2023/PN.Tjk. The research methodology employs a normative juridical approach, involving the examination of applicable laws and regulations. Additionally, an empirical approach is used, involving on-site observations and interviews to address research-related issues. The results of this study indicate that the factors driving the need for inheritance representation stem from the fact that the petitioner's child is a minor and has a mental disability, namely autism. This is grounded in Article 330 of the Civil Code. Consequently, the appointment of a guardian is necessary to sell one of the assets left by the deceased husband, in order to finance the medical treatment of the petitioner's child with autism or mental disability. Furthermore, in deciding this case, the judge considers that pursuant to Article 360 of the Civil Code, the appointment of a guardian is deemed necessary based on requests from blood relatives of the underage child, creditors, or other relevant parties to ensure the continuity of the trial process.
Analisis Yuridis Terhadap Wanprestasi Dalam Perjanjian Pembiayaan Penjaminan Fidusia Muhammad Jieny Mulyana; Tami Rusli; Okta Anita
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.v8i2.2381

Abstract

Even though creditors have a fairly large role in economic performance and guarantees in particular, the legal protection for creditors in fiduciary guarantee agreements is considered to be very weak and limited. This study aims to determine the extent of legal protection for creditors in order to achieve legal certainty in fiduciary guarantee agreements by examining theories, concepts, legal principles, and laws and regulations based on primary legal materials. This study uses normative and empirical legal research methods. Based on the research results, the form of default in the consumer financing agreement with a fiduciary guarantee in Decree Number 12/Pdt.GS/2022/PN Tjk, it was determined that Mr. Iwan Andi Yanuarta has defaulted. The Defendants violated the financing agreement with a fiduciary guarantee by committing an act of default. The judge's considerations in handling default cases in financing agreements with fiduciary guarantees in Decision Number 12/Pdt.GS/2022/PN Tjk are in accordance with the principles of justice. The defendant was proven to have violated Article 1238 of the Civil Code concerning Default and Article 1243 of the Civil Code concerning compensation and costs, resulting in serious legal consequences. The amount of compensation to be paid by the Defendants is Rp. 116,968,300.00.
Praktik Pencabutan Pembebasan Bersyarat Pada Narapidana Residivis di Rutan Kelas IIB Pangkalan Brandan Iana Tresia A Sibagariang; Raja Ritonga
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.v8i2.2578

Abstract

The Class IIB State Detention Pangkalan Brandan is Technical Implementation Unit that has duties and functions of Corrections in accordance based Law Number 22 of 2022 concerning of Corrections. Even though did service for prisoner, The Class IIB State Detention Pangkalan Brandan also provides service for inmates, one of which is Parole program consisting of Conditional Exemption (PB). Conditional Exemption (PB) is more likely to be revoked due to the long probation period. When Conditional Exemption (PB) got released, the inmates who violate general conditions and special conditions in accordance with the provisions of the Minister of Law and Human Rights Regulation Number 7 of 2022 can be revoked. This research type of normative legal was carried out to answer the process of revocation of Conditional Exemption and get the accurate results by drawing from several sources. In the case of revocation of Conditional Exemption, it starts sending a request letter by Class IIB State Detention Pangkalan Brandan Officer then examined by the Community Counselor (PK) to be brought to the Correctional Observation Team session so that the results are reported to the Director General via SPION. The decision to revoke Conditional Exemption is conveyed to the prison and state detention officer to be implemented in accordance with the decision. However, the revocation of Conditional Exemption have problems.
Dampak Hukum Dari Akibat Putusnya Perkawinan Pasangan Berbeda Agama Terhadap Harta Bersama Dan Hak Asuh Anak Deva Tri Ananda; 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.v8i2.2547

Abstract

Indonesia is known for its diverse cultures and customs that have been ingrained from their ancestors. Where different religions and beliefs have different rules regarding marriage. This social interaction can give rise to a relationship that can continue into marriage. Marriage is a religious thing where a relationship between two human beings, namely a man and a woman who have grown up, have the desire to unite and promise in a sacred bond as husband and wife to form a happy, harmonious family and multiply offspring. The aim of this research is to determine the legality of marriage between couples of different religions according to Islamic law and the Marriage Law (in Decision Number 8/Pdt.G/2022/PN Tjk) as well as the position of joint assets after the dissolution of marriage for couples of different religions after the marriage was decided according to law. Islam and according to the Marriage Law (In Decision Number 8/Pdt.G/2022/PN Tjk). The results of this research indicate that the validity of interfaith marriages based on Decision Number 8/Pdt.G/2022/PN Tjk is clearly prohibited from a positive legal perspective in Indonesia, both in the Compilation of Islamic Law (KHI) and Law Number 1 of 1974 concerning Marriage. . Furthermore, in connection with this decision, the Panel of Judges gave sanctions to the Plaintiff to pay court costs in the amount of Rp. 845,000.00 (eight hundred and forty five thousand rupiah) and stated that the Plaintiff was on the losing side. The position of joint property after the dissolution of an interfaith marriage when viewed from the perspective of the Compilation of Islamic Law in accordance with Article 97 is that the division of joint property in the event of a divorced husband and wife prioritizes the method of peace (deliberation). Then in Law no. 1 of 1974 and the Civil Code Law in article 37 of Law no. 1 of 1974 and articles 128-129 of the Civil Code that if the marriage bond between husband and wife is broken, then the joint assets are divided between the husband and wife. However, in law, rules are used as long as the parties do not determine otherwise or the rules are regulated according to their respective laws. In connection with the study of decision Number 8/Pdt.G/2022/PN.Tjk, because in the facts of the trial in this case the Defendant had been baptized, the division of assets was based on Law No. 1 of 1974 and the Civil Code, and because both parties do not have joint assets but have a debt which was incurred by the defendant by falsifying their identity due to pressure due to the plaintiff's actions which did not provide maintenance, the judge's decision was to settle the debt after the divorce in a joint manner. Jointly is the right decision.
Konstruksi Hukum Pengembalian Orang Asing Ke Tempat Pemeriksaan Imigrasi Bandara Internasional Soekarno- Hatta Bagi Yang Ditolak Masuk Di Embarkasi Tujuan Inanda, Haikal Saka; Terina, Tian
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 9, No 1 (2024): 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.v9i1.3176

Abstract

Immigration officers at Soekarno-Hatta Airport, in handling foreigners refused to enter Indonesian territory, carry out the process of returning them at the first opportunity to their country of origin in accordance with statutory regulations. However, for foreigners who continue their flight using non-allied airlines and then are rejected by the destination country after transfer within Indonesian territory, handling is not regulated by the Immigration Law or other laws and regulations. The problem is what is the juridical review of handling foreigners who are refused entry from the destination country who are returned to Soekarno-Hatta airport and what is the legal construction for handling foreigners who are refused entry from the destination country. This research uses normative-empirical legal research with deductive-qualitative data analysis. The data collection technique used was observation and interviews. The results of this research are that there are no legal regulations, either Law Number 6 of 2011 concerning Immigration or its derivatives regarding the handling of foreigners who are refused entry from the destination country. Then, in Annex 9 of 2017 Chapter 5 does not explain the handling of foreigners who are refused entry from the destination country but only explains that foreigners who are refused entry in a country are returned to their last place of departure or a country that is willing to accept them.
Penegakan Hukum Terhadap Pelanggaran Hak Cipta Atas Penggunaan/Menjual Karya Seni Penggemar (Fan Art) Orang Lain Tanpa Izin Di Internet B, Erlina; Seftiniara, Intan Nurina; Sukma, Masayu Nirmala
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 9, No 1 (2024): 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.v9i1.2935

Abstract

Many people use fan art to use it as merchandise such as key chains, clothes, photo cards, accessories, including distributing their work without the permission of the fan art creator. The problem in this research is what are the factors that cause copyright infringement for using/selling other people's fan art without permission on the internet and how to enforce the law against copyright infringement for using/selling fan art? other people without permission on the internet. This research approach is normative juridical such as literature studies and empirical juridical such as data from the Directorate General of Intellectual Property Rights, Ministry of Law and Human Rights, Lampung Regional Office. Data analysis was carried out qualitatively. The research results show that the factors that cause copyright infringement are, first, lack of public knowledge and understanding of copyright protection. Second, to seek personal profit for commercial purposes. Third, the law enforcement aspect is still weak, because the creator did not take the matter to legal action. Law enforcement for copyright infringement has been regulated, but because of the offense of complaints, as long as the creator does not make a complaint, copyright disputes cannot be processed through criminal acts
Distribusi Kewenangan Pusat Dan Daerah Dalam Bingkai Otonomi Daerah Di Indonesia Arifin, Firdaus
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 9, No 1 (2024): 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.v9i1.3226

Abstract

In a state government administration system that uses the principle of distribution of power or what is known as decentralization, namely that authority is distributed to regional governments at each level, this gives rise to a model of regional government that requires autonomy in the exercise of authority. The division of the Unitary State of the Republic of Indonesia into provinces, districts and cities, as well as the division of government affairs between the Central Government and Regional Governments, of course gives rise to authority and financial relations. This research is normative juridical research so that data is collected in the literature, the data that has been obtained is then analyzed qualitatively juridically. The research resulted in the conclusion that in Law Number 23 of 2014 concerning Regional Government, the relationship between the central government and regional governments in Indonesia is to use the concept of the relative autonomy model, the central government still needs to uphold the principle of regional autonomy as mandated by the constitution. Meanwhile, in terms of regional government financial relations, it is appropriate to manage and use balance funds in an accountable, transparent and professional manner
Disparitas Pidana pada Putusan Pengadilan Terhadap Pertanggungjawaban Pelaku Tindak Pidana Penggelapan Aryata, I Nengah; Delta, Ria; Melati, Dwi Putri
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 9, No 1 (2024): 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.v9i1.3283

Abstract

Discussion of criminal acts in community life is often a very interesting study, especially related to the disparity in criminal decisions handed down. The problem in this study is how is the responsibility of the perpetrators of embezzlement based on Decision Number 452 / Pid.B / 2023 / PN.Tjk, Decision Number 745 / Pid.B / 2022 / PN.Tjk and Decision Number 807 / Pid.B / 2022 / PN.Tjk? and how is the disparity in criminal sentences in court decisions regarding the responsibility of perpetrators of embezzlement based on Decision Number 452 / Pid.B / 2023 / PN.Tjk, Decision Number 745 / Pid.B / 2022 / PN.Tjk and Decision Number 807 / Pid.B / 2022 / PN.Tjk? The problem approach used in this study consists of a normative legal approach and an empirical legal approach. The types of data used are primary data and secondary data. Data analysis was carried out using a qualitative descriptive method. The disparity in criminal sentences in court decisions regarding the responsibility of perpetrators of embezzlement based on Decision Number 452/Pid.B/2023/PN.Tjk, Decision Number 745/Pid.B/2022/PN.Tjk and Decision Number 807/Pid.B/2022/PN.Tjk there was injustice in the verdicts imposed because the Articles and levels of losses incurred by the defendant were not the same, and the sentences imposed were different and would give rise to various perceptions in society about justice itself
Pertanggungjawaban Pidana Penggunaan Merek Sama Dengan Merek Terdaftar Milik Pihak Lain Yang Diproduksi Dan/Atau Diperdagangkan Muharam, Novi Asih
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 9, No 1 (2024): 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.v9i1.3124

Abstract

A criminal act without the right to use a brand that is completely the same as a registered mark belonging to another party for similar goods produced and/or traded as was done by Kiswantoro Bin Ahmad Muhardi in Decision Number 50/Pid.Sus/2023/PN.Tjk. The problem in this research is the factors that cause perpetrators to commit criminal acts without the right to use the same mark in its entirety as a registered mark belonging to another party for similar goods produced and/or traded based on Decision Number 50/Pid.Sus/2023/PN.Tjk. The research method uses a normative and empirical approach. The research results show that the factors causing the perpetrator to commit a criminal act without the right to use the same mark in its entirety as the registered mark belonging to another party for similar goods produced and/or traded based on Decision Number 50/Pid.Sus/2023/PN.Tjk include factors internal and external factors. Responsibility for perpetrators of criminal acts based on Decision Number 50/Pid.Sus/2023/PN.Tjk is in the form of imprisonment for 2 (two) years and a fine of IDR 10,000,000.00 (ten million rupiah)
Analisis Pertimbangan Hakim Dalam Sanksi Pidana Kurir Narkotika Antar Provinsi Dalam Bentuk Tanaman Firdaus, Elsa Illaila; Kurniasari, Rika
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 9, No 1 (2024): 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.v9i1.3246

Abstract

Law Number 35 of 2009 emphasizes that judges can decide or determine drug dealers, intermediaries and addicts to undergo treatment and/or treatment. How do judges consider at the appellate level in deciding cases against intermediaries in the sale and purchase of class I narcotics in the form of plants between provinces? How are law enforcement efforts to tackle the distribution of class I narcotics in the form of plants between provinces? The research method used in this writing is normative juridical and empirical juridical. The data used is secondary data and primary data. Data analysis uses qualitative juridical analysis. Research Results: There are 2 (two) factors that influence the judge's considerations in deciding cases against middlemen in the sale and purchase of class I narcotics in the form of plants between provinces, namely: Juridical factors and non-juridical factors. Law enforcement efforts, in this case the Judge, to tackle the circulation of class I narcotics in the form of crops between provinces are carried out at the implementation stage of the Judge's decision

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