JUSTICIA SAINS: Jurnal Ilmu Hukum
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.
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269 Documents
<![CDATA[Analisis Prosedur Perizinan Berusaha Dalam Menjaga Kelestarian Lingkungan ]]>
<![CDATA[Besta, Iglasias La]]>
<![CDATA[ JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 9, No 1 (2024): JUSTICIA SAINS: Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Universitas Sang Bumi Ruwa Jurai ]]>
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DOI: 10.24967/jcs.v9i1.2752
<![CDATA[In carrying out a business licensing procedure, both individuals and business entities need to pay attention to strict regulation and supervision of their business activities. One important aspect of the business licensing procedure is the environmental impact assessment. The author is interested in discussing how business licensing procedures are implemented in an effort to preserve the environment by entrepreneurs and the government. This research uses a juridical-normative research method, while the data analysis method used is qualitative and the data collection tool used is document study. The results of this research article are that a number of efforts have been made to increase the effectiveness of the business licensing process in protecting the environment, one of which is by strengthening environmental monitoring institutions at the central and regional levels. Apart from that, the application of technology and information systems can also help speed up the business licensing process while still paying attention to environmental aspects.]]>
<![CDATA[Sejarah Perkembangan Undang-Undang Kesehatan Jiwa Dan Pasung Terhadap Orang Dengan Gangguan Jiwa Di Indonesia ]]>
<![CDATA[Lyani, Muhammad Rivaldo]]>;
<![CDATA[Fitriasih, Surastini]]>
<![CDATA[ JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 9, No 1 (2024): JUSTICIA SAINS: Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Universitas Sang Bumi Ruwa Jurai ]]>
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DOI: 10.24967/jcs.v9i1.3251
<![CDATA[The act of shackling is mostly carried out by their own family on the grounds that they are afraid of hurting local residents or their family. This article discusses the history of the development of the Mental Health Law and the Development of Shackling of People with Mental Disorders in Indonesia. This study uses a normative legal problem approach. The type of data used is secondary data obtained through literature studies. Data analysis was carried out using a qualitative descriptive method. The conclusion is that the Development of the Law on Mental Health continues to develop with the hope of continuing to protect and provide services to patients with mental disorders, as well as improving legal services for perpetrators of shackling in accordance with Article 86 of Law Number 18 of 2014 with the threat of criminal penalties for perpetrators of shackling People with Mental Disorders. In its development, the regulations governing shackling have also developed]]>
<![CDATA[Anggaran Pendidikan Era Otonomi Daerah Dalam Perspektif Constitutional Mandatory Spending: Studi Kebijakan Kartu Jakarta Pintar ]]>
<![CDATA[Fikri, Abdullah]]>;
<![CDATA[Sulfany, Abdiilah]]>
<![CDATA[ JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 9, No 1 (2024): JUSTICIA SAINS: Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Universitas Sang Bumi Ruwa Jurai ]]>
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DOI: 10.24967/jcs.v9i1.3228
<![CDATA[Indonesia explicitly emphasizes the state's obligation to prioritize the education budget of at least 20% of the State Revenue and Expenditure Budget as well as the Regional Revenue and Expenditure Budget. The regional government's commitment to implementing its constitutional obligations still needs to be encouraged so that the education budget in the Regional Revenue and Expenditure Budget reaches 20% purely for education. The aim of this research is to determine the Jakarta Smart Card policy launched by the Special Capital Region of Jakarta government from the perspective of constitutional mandatory spending. This paper is normative legal research using primary legal materials in the form of laws and regulations relating to education and education budgets in DKI Jakarta. The results of this research show that the Jakarta Smart Card policy experiences constitutional fluctuations and inconsistencies regarding constitutional mandatory spending]]>
<![CDATA[Problematika Perizinan Penyiaran Berbasis Digital Antara Undang-Undang Penyiaran Dan Undang-Undang Cipta Kerja Di Indonesia ]]>
<![CDATA[Rifqi, Haykal]]>
<![CDATA[ JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 9, No 1 (2024): JUSTICIA SAINS: Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Universitas Sang Bumi Ruwa Jurai ]]>
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DOI: 10.24967/jcs.v9i1.2750
<![CDATA[Disharmonization and legal vacuum in digital broadcasting licensing, by looking at the Broadcasting Law and the Job Creation Law which have different paradigms for granting permits for entities that want to carry out broadcasting, such as YouTube, Netflix, etc. The lack of harmony with existing regulations, as well as the vacuum in the digital broadcast licensing law in the Broadcasting Law, of course has the effect of different treatment between conventional and digital. This research uses a normative juridical approach accompanied by literature study in the form of books, journals and other literature. The author also uses comparative models and descriptive analysis in managing qualitative data accompanied by deductive methods. The research results show that the provisions of the Broadcasting Law relate to how to regulate broadcast formats as a license, but only for conventional broadcasting. The Job Creation Law is actually oriented towards facilitating licensing by equalizing the position of broadcasting institutions with legal entities in other sectors without paying attention to the content of their broadcast’s, even digital broadcasting licensing has not yet been regulated regarding the ideal form of supervision. The Job Creation Law is too directed at capitalism so there is a need for legal reform, by looking at the models of other countries such as Turkey]]>
<![CDATA[Analisis Kritis Peran Rencana Tata Ruang Wilayah (RTRW) sebagai Instrumen Perlindungan Lingkungan Hidup ]]>
<![CDATA[Amelia, Juni Riski]]>
<![CDATA[ JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 9, No 1 (2024): JUSTICIA SAINS: Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Universitas Sang Bumi Ruwa Jurai ]]>
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DOI: 10.24967/jcs.v9i1.2758
<![CDATA[Regional Spatial Planning (RTRW) is a spatial planning instrument that regulates land use and spatial patterns of an area with a focus on environmental aspects. RTRW has an important role in creating integration between regional development and environmental preservation. This is reflected in development policies which must pay attention to environmental protection aspects as a whole. However, differences between RTRW theory and its implementation in the field may occur, This research uses a juridical-normative research method, while the data analysis method used is qualitative and the data collection tool used is document study. The research results show that decision no. 124/G/LH/2016/PTUN-BDG regarding the construction of a Steam Power Plant in Cirebon Regency emphasizes the importance of compliance and enforcement of environmental laws and solutions such as increasing awareness, monitoring and law enforcement. Resolving environmental disputes involving various methods is a crucial step in protecting the environment. The importance of community participation in environmental impact analysis and dispute resolution is also emphasized]]>
<![CDATA[Sengketa Ekonomi Syariah: Suatu Kajian Penyelesaian Kasus Sengketa Di Indonesia ]]>
<![CDATA[Famulia, Ledy]]>;
<![CDATA[Santina, Rika]]>
<![CDATA[ JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 9, No 1 (2024): JUSTICIA SAINS: Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Universitas Sang Bumi Ruwa Jurai ]]>
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DOI: 10.24967/jcs.v9i1.3249
<![CDATA[The settlement of sharia economic disputes through litigation is the authority of the Religious Court. One of the sharia economic decisions is decision Number 1/Pdt.G.S/2024/PA. Lmg. This dispute was filed by PT. Bank Pembangunan Daerah Jawa Timur. Tbk as the plaintiff who sued Anang Fitrianto, S.E as the defendant with a lawsuit for default based on the qard financing extension agreement. This study will analyze the settlement of sharia economic disputes as stated in Decision Number 1/Pdt.G.S/2024/PA. Lmg. The research method used in analyzing the research is a qualitative research method with a normative legal approach and a case approach. This research is descriptive qualitative, the data is analyzed to then draw conclusions using the inductive thinking method. The results of the study concluded that the settlement of sharia economic disputes was in accordance with the formal law and material law of the Religious Courts. This is based on the relative competence and absolute competence of the Religious Courts, the type of contract used, namely the qard contract, and the type of default decision]]>
<![CDATA[Analisis Penanganan Dan Penyelesaian Kasus Pertanahan Di Kantor Pertanahan Kabupaten Lampung Timur ]]>
<![CDATA[Sambawa Ningrum, Herlina Ratna]]>
<![CDATA[ JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 9, No 1 (2024): JUSTICIA SAINS: Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Universitas Sang Bumi Ruwa Jurai ]]>
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DOI: 10.24967/jcs.v9i1.3121
<![CDATA[This research highlights the issue of land rights as a fundamental issue in society. Implementation of Article 6 paragraph (1) of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 21 of 2020 concerning Handling and Settlement of Land Cases at the East Lampung Regency Land Office is the main focus. The research uses normative and empirical juridical methods with secondary and primary data from literature and field studies as well as qualitative juridical analysis. The results of the research are that the implementation of these provisions has been carried out but has not been optimal. Factors inhibiting the implementation of these provisions are: internal factors, lack of understanding by employees at the East Lampung Regency Land Office regarding the stages of resolving land cases, lack of coordination between each section in the East Lampung Regency Land Office, and the absence of employees who have competence as Mediator. . Meanwhile, external factors include pressure from the community who want their land problems to be resolved immediately, lack of socialization of existing regulations to the community, and the types of cases and conditions in the field]]>
<![CDATA[Analisis Tindak Pidana Penggelapan Berkedok Cash Tempo Dalam Kepemilikan Fasilitas Kredit Pemilikan Rumah (KPR) ]]>
<![CDATA[Yunus, Muh]]>;
<![CDATA[Arcaropeboka, Rj. Agung Kesuma]]>;
<![CDATA[Saputra, Aris Hadi]]>
<![CDATA[ JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 9, No 1 (2024): JUSTICIA SAINS: Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Universitas Sang Bumi Ruwa Jurai ]]>
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DOI: 10.24967/jcs.v9i1.3229
<![CDATA[There are many ways that people can take to meet their basic housing needs. This is where banks appear to bridge the interests of home buyers and sellers by offering home ownership credit facilities. Based on this, many parties, even housing developers (developers) are trying to take advantage of this problem by dealing with house sales without going through the bank mortgage process but instead diverting it using cash due payment, namely the payment process in installments directly to the developer as the developer at the same time. as a provider of housing funds. The aim of this research is to explain how to prove criminal acts of embezzlement under the guise of cash tempo and how the judge's legal considerations are regarding perpetrators of criminal acts of embezzlement under the guise of cash tempo. This research uses a normative juridical and empirical juridical approach, using types of secondary data and primary data. Data analysis was carried out using qualitative analysis. The results of the research showed that proof of the crime of embezzlement under the guise of cash tempo was carried out by taking into account the evidence presented at the trial conducted by the prosecutor by presenting 4 (four) witnesses, documentary evidence and the defendant's statement which explained that the defendant had committed the crime of embezzlement. under the guise of cash due. The conclusion in this research is that there is a difference in the judge's decision and the prosecutor's demands, where the defendant's claim is that he was found guilty of violating Article 372 of the Criminal Code with a prison sentence of one year and six months minus the time the defendant was in detention (temporary). Meanwhile, the judge sentenced the defendant to imprisonment for one year and three months.]]>
<![CDATA[Peran Otonomi Daerah Dalam Membangun Perekonomian Kabupaten/Kota di Indonesia ]]>
<![CDATA[Kurniawan, Adji]]>
<![CDATA[ JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 9, No 1 (2024): JUSTICIA SAINS: Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Universitas Sang Bumi Ruwa Jurai ]]>
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DOI: 10.24967/jcs.v9i1.2751
<![CDATA[This handover of affairs from the central government to the regions was clarified again with the promulgation of Law Number 23 of 2014 concerning Regional Government, but the impact This regional autonomy is not in line with the wishes of the constitution. Because inequality and economic policies between the center and regions or with surrounding areas result in the process of improving the economy being hampered and will even give rise to poverty trends. For this reason, the problems in this research discuss aspects of regional autonomy strategies in developing and building a good regional economy. The research method used is normative juridical research which is based on literature review and applicable laws and regulations. The prospect of regional autonomy for regional economic development can be implemented through the role of regional government as an entrepreneur, facilitator, coordinator and stimulator for the community to participate in improving the regional economy. To support this, there are regional autonomy strategy efforts that can be carried out by regional governments, namely through business development strategies, human resource development and community development]]>
<![CDATA[Peran Bhayangkara Pembina Keamanan dan Ketertiban Masyarakat Dalam Upaya Pencegahan Kejahatan Kelompok Remaja Di Bandar Lampung ]]>
<![CDATA[Angkasa, Nitaria]]>
<![CDATA[ JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 9, No 1 (2024): JUSTICIA SAINS: Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Universitas Sang Bumi Ruwa Jurai ]]>
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DOI: 10.24967/jcs.v9i1.3123
<![CDATA[Article 2 of Law Number 2 of 2002 concerning the National Police of the Republic of Indonesia outlines the function of the police in maintaining order and security in society. The problem raised in this research is how to implement Article 3 of the National Police Chief's Regulation Number 7 of 2021 in preventing crimes committed by teenagers. As well as factors inhibiting the implementation of Article 3 of the National Police Chief's Regulation Number 7 of 2021 concerning Bhayangkara as a Builder of Community Security and Order by Bhabinkamtibmas in preventing crimes committed by groups of teenagers. The research method used is a systematic approach used to obtain objective and accurate data in drawing conclusions or solving a problem. factors inhibiting the implementation of Article 3 of the National Police Chief's Regulation Number 7 of 2021 concerning Bhayangkara as a Builder of Community Security and Order by Bhabinkamtibmas in preventing crimes committed by groups of teenagers]]>
