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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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Control By the Host State: Peranan Hukum Dalam Kegiatan Penanaman Modal Asing Christian, Ando Gidion
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 9, No 2 (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.v9i2.3187

Abstract

Foreign Direct Investment plays a crucial role in the global economy, facilitating the flow of capital, technology, and expertise across national borders. As foreign direct investment increases, host countries have sought to assert greater control over these investments to safeguard their national interests and maximize economic benefits. This paper provides a comprehensive overview of the topic of control by Republic of Indonesia in its capacity as host state in foreign direct investment. It explores the various policy measures implemented by Republic of Indonesia to exert control, examines the motivations behind these measures, and analyses the implications for both Republic of Indonesia and foreign investors. The findings highlight the complex dynamics and trade-offs involved in controlling foreign direct investment, emphasizing the need for a balanced approach that ensures host state interests without discouraging foreign investment within the jurisdiction of Republic of Indonesia
Implementasi Undang-Undang Keselamatan dan Kesehatan Kerja Terhadap Buruh Yang Mengalami Cacat Permanen Akibat Kecelakaan Kerja Damiri, Damiri; Setiady, Tri; Santoso, Imam Budi
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 9, No 2 (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.v9i2.3143

Abstract

Work accidents often occur in industry due to worker negligence, work equipment or unsafe workplaces, where work accidents can directly harm the company or its employees if the accident results in permanent disability or long-term illness. Therefore, the government has taken concrete steps to ensure that all employees working in companies operating in Indonesia are safe at work by issuing Occupational Health and Safety Regulations (K3) which must be implemented by all companies operating in Indonesia. unchanged. Because work safety is a top priority, implementing this system is one of the absolute requirements that companies must fulfill to obtain an operating permit. It also serves as a check for the government to ensure that all companies comply with the system. However, there are still companies that ignore this obligation, which ultimately results in work accidents. This article is about Giri's brother, a worker working at PT Produkt Raya Industri (HRI) in Walahar Village, Klari District, Karawang Regency, who was terminated unilaterally due to a work accident which resulted in the loss of 4 jaws. Implementation of K3
Mediasi Dalam Penyelesaian Sengketa Proses Pemilu: Pembatasan Kesepakatan Mediasi Yang Tidak Bertentangan Dengan Perundang-Undangan Jaya, Reki Putera; Rifai, Anis; Suartini, Suartini
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 9, No 2 (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.v9i2.3091

Abstract

Mediation becomes a new color in the Election legal system in Indonesia to resolve disputes in the Bawaslu process, in a certain angle dispute resolution through the mediation process in Bawaslu has similarities with the mediation mechanism in the private law framework, but in another angle mediation in Bawaslu becomes part of the public law realm so that in the process of resolving disputes through mediation has limitations that are different from private law. The most striking limitation is regarding the non-caucus provisions in mediation of dispute resolution in the election process where there should be no separate mediation meetings as per the rules applicable in civil law and several other limitations outlined in this study. For this reason, this study can be understood and become material for Bawaslu mediators in resolving election process disputes so that the agreement reached through mediation can be based on law
Upaya Pemerintah Desa Teru Dalam Menangani Masalah Pemberhentian Hubungan Kerja Pasca Pandemi Covid-19 Di Desa Teru Pawari, Rahmiati Ranti
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 9, No 2 (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.v9i2.3762

Abstract

During the Covid-19 pandemic, many workers in Indonesia had to be laid off and even had their employment terminated. This is also experienced by the community in Teru Village, Simpang Katis District, Bangka Regency. The government has made various efforts to overcome this, starting from implementing pre-employment cards, BLT, social assistance for MSMEs, and so on. The method used in this research is a normative legal research method, namely research on library materials that are relevant to the problem to be analyzed, whether in the form of primary legal materials, secondary legal materials, or tertiary legal materials. The research results concluded that the Teru Village Government took strategic steps to help residents affected by the Covid 19 pandemic by allocating funds from the APBDes, in collaboration with the Bangka Regional Government and stakeholders
Model Kecerdasan Spiritual Pada Kedisiplinan Santri Di Pondok Pesantren Hidayatul Islamiyah Desa Sumber Agung, Kemiling, Bandar Lampung Muslih, Muslih; Junilia, Elsy; Perdana, Andre Pebrian
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 9, No 2 (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.v9i2.3646

Abstract

The phenomenon in the field shows cases of crime and violations of the law in Islamic boarding schools in recent years such as the case of the Al-Hanifiah Islamic Boarding School in Kediri, the Hidayatul Hikmah Alkahfi Islamic Boarding School in Semarang, that there are still many students committing crimes and breaking the rules. Especially the Hidayatul Islamiyah Islamic Boarding School in Lampung, many students violate the rules in terms of discipline. The purpose of this study is to test empirically normatively to see how the analysis of the rules for organizing Islamic boarding schools regarding student discipline and how the model of spiritual intelligence is in student discipline at the Hidayatul Islamiyah Islamic Boarding School in Sumber Agung Village, Kemiling Bandar Lampung.The method uses an empirical normative approach with a study of the legislation on organizing Islamic boarding schools and uses research variables of spiritual intelligence and discipline. The data collection method uses a study of the legislation on organizing Islamic boarding schools and quantitative (questionnaires) supported by interviews. Research results Analysis of the rules for organizing Islamic Boarding Schools regarding the discipline of students at the Hidayatul Islamiyah Islamic Boarding School in Bandar Lampung The first point is the existence of rules in the Islamic Boarding School regulations Number 34 of 2024, the second point is the punishment for undisciplined students which is given preventively and repressively, the third point is that if there are students who are disciplined, there are awards, the fourth point is the consistency of student discipline which still has several obstacles including the lack of awareness of students towards the rules, lack of supervision from the management and some students consider the application of punishment from the management to be unfair, while the model of spiritual intelligence in the discipline of students at the Hidayatul Islamiyah Islamic Boarding School in Sumber Agung Village, Kemiling District, Bandar Lampung, the results of statistical calculations are the r-xy value of 0.428 with p 0.428 with p 0.018 where p 0.05 means that there is a relationship between the spiritual intelligence model and discipline in students, so that the higher the spiritual intelligence of students, the higher the discipline of students, with an influence of 42.8%.
Analisis Hukum Implementasi Kebijakan Terkait Pencemaran Udara Dalam Upaya Mitigasi Penyakit Infeksi Kesuma, Aghesna Rahmatika; Wulandari, Christine; Bakri, Samsul; Sukohar, Asep; Kesuma, Arsyad Sobby
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 9, No 2 (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.v9i2.3156

Abstract

Environmental protection is becoming increasingly important in the face of the negative impact on human health. This article reviews the role of living environmental laws in regulating environmental pollution to prevent the spread of infectious diseases. Air pollution can cause many infectious diseases that are dangerous to the community. International regulations such as the Stockholm Convention as well as national laws such as Law No. 32 of 2009 in Indonesia, and are linked to the Omnibus Law on Job Creation No. 11 of 2020 thus providing a framework for controlling pollutants and mitigating the risk of disease infection. Case studies show how violations of the environmental laws have caused an outbreak of infectious diseases in a region. Measures such as tighter law enforcement, to maintain a safe and healthy environment, the use of environmentally friendly technologies and raising public awareness are needed. With proper implementation, habitat legislation can be an effective instrument in preventing the spread of infectious diseases through environmental pollution
Penegakan Hukum Terhadap Tindak Pidana Penjualan Smartphone Ilegal Dalam Perspektif Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Kartadinata, Andriansyah
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 9, No 2 (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.v9i2.3740

Abstract

The aim of writing this scientific work is of course to determine law enforcement regarding criminal acts of illegal smartphone sales in the perspective of Law Number 8 of 1999 concerning Consumer Protection with data collection techniques using normative juridical methods and library research. The research results show that the distribution of illegal smartphones can be overcome by implementing Article 62 Paragraph (1) in conjunction with Article 8 Paragraph (1) letter a of Law no. 8 of 1999 relating to consumer protection with the threat of a maximum prison sentence of five years and a maximum fine of 2 billion Rupiah as well as Article 52 Juncto Article 32 Paragraph (1) of Law no. 36 of 1999 concerning Telecommunications with the threat of a maximum prison sentence of 1 year or a maximum fine of one hundred million rupiah.
Alasan Pembuktian Tindak Pidana Perzinahan Dengan Saksi Berjumlah 4 Orang Laki-Laki Dalam Hukum Pidana Islam Adil Lubis, Muhammad Hafizh; Marpaung, Zaid Alfauza
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 9, No 2 (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.v9i2.3611

Abstract

The issue regarding the number of witnesses in criminal cases of adultery according to Islamic law is still a deep problem regarding why 4 men are required, so in this research the author will examine this in more depth. By using 3 problem formulations related to this research to find answers to the evidentiary reasons why the crime of adultery requires 4 male witnesses. This research is qualitative in nature with a normative juridical legal approach using two data sources, namely primary and secondary. The results of the research show that the concept of witnesses according to positive law only requires general criteria without distinction of gender, while the Islamic law of the majority of ulama requires witnesses to be male, with at least four people witnessing directly, and there is a difference of opinion with Ibn Hazm in interpreting), he stated that women's testimony can be accepted provided that women's testimony is considered half that of men's testimony
Pelaksanaan Keselamatan dan Kesehatan Kerja Terhadap Perlindungan Hukum Bagi Pekerja Wanita Yang Bekerja Pada Malam Hari Mariza, Siska; Setiady, Tri
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 9, No 2 (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.v9i2.3096

Abstract

Today, employment issues are still vital. OHS coverage for women workers is one of the main factors contributing to various problems in the workplace. Employers often discriminate against workers, especially women, compromising their right to health insurance and job security. It is important to provide adequate insurance against workers' privileges as they are a vulnerable group compared to managers who have a more prominent and influential position. This is guaranteed by Article 27 paragraph 2 of the 1945 Constitution which states that every Indonesian citizen has the privilege of honorable work. This exploration utilizes legal and administrative norms to look at the legal security for women OHS workers and the constraints that exist. The findings of this study show that legal protection of OSH is overall adequate; however, there are still some aspects that are less than optimal, such as women transportation workers who are required to work at night. Women workers lack understanding of occupational safety and security, and employers violate regulations for their own benefit. If their rights as employees are violated
Penyelesaian Sengketa Konsumen Dengan Pelaku Usaha Di Luar Pengadilan Dalam Perspektif Undang-Undang Perlindungan Konsumen Zanariyah, Sri
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.v9i1.3590

Abstract

The use of products from the results of a business from business actors, not all of them are in accordance with the wishes of consumers, this can even cause losses on the part of consumers, resulting in disputes between consumers and business actors. Therefore this study aims to find out, understand and explain the settlement of disputes that occur between consumers and business actors. Dispute resolution can be done in court and can also be done outside the court, so researchers need to determine the focus of research, in this case the settlement carried out outside the court. The imposition of sanctions against the wrong party is not only in the field of civil law, but can also be given criminal sanctions, so it is necessary to conduct research on the imposition of these criminal sanctions. This research is research in the field of law, the approach method uses an approach to laws and regulations governing consumer protection, especially related to legal principles. -the parties to the dispute take peaceful steps to realize a fast, inexpensive and simple trial, so that the rights and obligations of both parties can be fulfilled together. The existence of criminal sanctions in consumer disputes is due to the many actions that can be carried out by business actors that can harm consumers in general (society in general), not just consumers who have become victims

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