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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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Kajian Hukum Terhadap Perlindungan Lingkungan Pantai Dari Kegiatan Wisata di Labuan Bajo Fristikawati, Yanti; Adipradana, Nugroho
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 1 (2025): 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.v10i1.4220

Abstract

Labuan Bajo is one of the super priority tourism destinations that has been planned by the Indonesian Government because of the presence of rare Komodo animals and also its natural beauty. To support this goal, various efforts have been made to increase the number of tourist visits, including by providing adequate hotel facilities and restaurants and other tourist facilities. In reality, tourism activities in Labuan Bajo cause environmental damage that threatens the Komodo habitat and damages the coastal and marine environment. How are the regulations regarding the environment, especially from tourism activities, including criminal sanctions that can be applied to perpetrators of violations? This study was conducted descriptively, namely collecting existing regulations, both regulations regarding the environment and tourism, and also observing tourism activities in Labuan Bajo directly for analysis. The results of the study show that existing regulations are quite adequate, but there are still violations committed by tourism business actors
Implementation Of Foreign Direct Investment In Indonesia Simaremare, Samuel Bonardo M T
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 1 (2025): 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.v10i1.3833

Abstract

The Importance of Foreign Direct Investment (FDI) for developing countries like Indonesia in improving living standards and promoting general welfare is crucial. Limited capital and low productivity can impact a country's income development. Indonesia is undergoing development in all aspects and requires substantial capital, including foreign funds through FDI. Although foreign investment in Indonesia has been significant, it still lags behind several Asian countries such as Malaysia, China, Singapore, Korea and Thailand. The history of foreign direct investment in Indonesia dates back to the colonial era until the New Order period. An explanation of the definition of FDI according to Law Number 25 of 2007 concerning Investment is included as a legal basis for foreign investment in Indonesia. The regulation on foreign direct investment began in 1967 with the issuance of Law Number 1 of 1967 concerning Foreign Direct Investment and Law Number 6 of 1968 concerning Domestic Investment. The Indonesian government has enacted Law Number 25 of 2007 concerning Investment as a legal umbrella to enhance the investment made by investors in Indonesia. The law aims to provide legal certainty, transparency, non-discrimination among investors, and equal treatment to both domestic and foreign investors
Sistem Retur Barang Pada Program Garansi Bebas Pengembalian di E-Commerce Shopee Perspektif Khiyar Syarat Rohayati, Eti; Ja’far, A Kumedi; Faizal, Liky
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 1 (2025): 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.v10i1.3697

Abstract

The development of digital technology has driven the rapid growth of the e-commerce sector, one of which is through the Shopee platform which provides a Free Return Guarantee program. This program aims to increase consumer confidence by giving the right to return goods if they do not match the description, are damaged, or for reasons of "changing your mind." However, in practice, this return mechanism raises problems, especially for sellers, such as the return of goods that do not meet the requirements, for example in damaged or used conditions. This problem creates an imbalance between the rights of buyers and sellers, making it interesting to study further. This study aims to analyse the mechanism for returning goods in the program using the perspective of khiyar kondisi in muamalah fiqh, which emphasizes fairness in transactions through mutual agreement terms, condition of goods, and clear duration. The research method used is a descriptive qualitative approach, with data obtained through documentation and interviews. Documentation includes a literature review related to the theory of khiyar kondisi and Shopee's return policy, while interviews were conducted with sellers and buyers to understand direct experiences related to this program. The results of the study show that the Shopee return mechanism meets several principles of khiyar kondisi, such as a clear return duration and agreement through platform terms. However, the main weaknesses lie in excessive flexibility, lack of strict verification of returned goods, and limited seller rights to reject returns of goods that do not meet the requirements. In conclusion, this program requires improvements in the return mechanism to create more balanced justice for buyers and sellers and to align the policy with the values of muamalah fiqh
Tinjauan Yuridis Terhadap Putusan Mahkamah Konstitusi Atas Dugaan Penggunaan Ijazah Palsu Dalam Pemilihan Bupati Kabupaten Pesawaran Siregar, Tomi Nori Handoko; Irhammudin, Irhammudin
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 1 (2025): 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.v10i1.3999

Abstract

This study examines juridically the decision of the Constitutional Court (MK) regarding the alleged use of fake diplomas in the nomination of the Regent of Pesawaran Regency in the 2024 Pilkada. The focus of the study includes the legal basis for the implementation of regional head elections, the authority of the Constitutional Court in resolving disputes, and the legal implications of using invalid documents in the nomination process. Through a normative juridical study approach and analysis of laws and regulations, it is found that the use of fake diplomas is an administrative offense that damages the integrity of the political system and public trust. The Constitutional Court in its decision emphasized the importance of the validity of educational documents as the main requirement for candidacy and rejected candidacies that did not meet these requirements in accordance with the provisions of Law No. 10/2016 and PP No. 3/2024. This study recommends the need for strict document verification, improved regulations, and active community participation to maintain the quality of democracy and fair application of the law in Indonesia.
Peran Partai Politik Dalam Menentukan Kebijakan Yang Berkeadilan Di Indonesia Nasarudin, Tubagus Muhammad
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 1 (2025): 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.v10i1.4196

Abstract

The running of a country is certainly inseparable from a political system, because the political system is the benchmark for progress in a country. A developed country can be sure that the political system in it is well organized. The political system itself can be interpreted as a mechanism of a set of functions, where these functions are attached to political structures, in the context of implementing and making policies that bind society. In a political system there are various elements, and one of these elements is political parties. Political parties play an important role in the government system in a democratic country. In carrying out their roles and functions, political parties must uphold and implement an integrated political system. This research was conducted with a normative legal approach or legal literature study. The results of this study state that political parties are one of the important elements in the political system in a country. Especially in the process of making and implementing policies. In the process of making policies, political parties play a very large role, considering the involvement of political parties in the executive and legislative branches. In the process of implementing policies, political parties also have a role in the form of control over policies issued by the government, so that political parties are able to determine the direction of fair policies, namely prioritizing the interests of the people above all else
Implementasi Pengawasan Akta Notaris Oleh Dewan Kehormatan Daerah Kota Bandar Lampung Abdullah, Ali; Barus, Zulfadli; Eka Putri, Pritie Anissa
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 1 (2025): 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.v10i1.3503

Abstract

According to the Central Honorary Council of the Indonesian Notaries Association Regulation Number 1 of 2017 Article 2 regarding the daily creation of deeds, it is stated that the Reasonable Limit for the creation of deeds by a Notary as a member of the Association is 20 (twenty) deeds per day. The results of this study show that PerPDK INI Number 7 of 2017 concerning the Reasonable Limit on the Number of Deeds Created Per Day is adequate; however, in practice, the implementation of the regulation on the ground is not effective, as some Notaries still create more than 20 (twenty) deeds per day. This is based on Article 2 of PerPDK INI Number 7 of 2017, which also explains that as long as it can be accounted for, a Notary may exceed the limit of 20 deeds per day as long as it is justifiable. The implementation of PerPDK INI Number 7 of 2017 regarding the Reasonable Limit on the Number of Deeds Created Per Day involves ambiguities that lead to misinterpretation of Article 2 Paragraphs (1) and (2) by Notaries, as well as weak supervision due to the reluctance to reprimand and report among Notaries. The legal consequences of this issue are that the relevant deeds only have the evidentiary power of private deeds for the parties involved, and the failure to fulfill the obligation to read the deed in front of the parties creates the potential for Notaries to face sanctions
From Cultural Heritage to Ethical Obligations: Rethinking Animal Shows in Jurisprudence Tedjabuwana, Rosa; Arifin, Firdaus; Adriansyah, Rian Nurul
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 1 (2025): 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.v10i1.4055

Abstract

This paper explores the tension between the preservation of cultural heritage and the growing ethical obligations toward animal welfare, with a focus on animal shows as a site of conflict. Rooted in longstanding traditions, animal shows often carry significant cultural and historical value, serving as expressions of communal identity and continuity. However, they also raise profound ethical concerns regarding the treatment and welfare of animals, particularly when practices involve cruelty or exploitation for human entertainment. Adopting a jurisprudential perspective, the paper critically examines how legal systems navigate this tension. It analyses the extent to which laws accommodate cultural traditions while addressing moral imperatives to protect sentient beings. Through case studies from various jurisdictions, the study evaluates legal frameworks that attempt to balance cultural relativism with universal principles of animal rights. Drawing on theories of legal pluralism, cultural relativism, and utilitarian ethics—particularly Peter Singer’s principle of equal consideration—the paper interrogates the adequacy of existing regulatory mechanisms and the moral underpinnings of legal decisions. The analysis culminates in a call for rethinking jurisprudential approaches to animal shows, advocating for legal reforms that harmonize cultural preservation with ethical progress. By proposing pathways for integrating cultural sensitivity with animal welfare protections, this paper seeks to contribute to a more compassionate and equitable legal landscape that respects both human heritage and nonhuman sentience
Urgensi Pembaharuan Asas Legalitas Dalam KUHP Nasional Juniawan, Arbi; Susanti, Emilia; Dewi, Erna
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 1 (2025): 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.v10i1.3716

Abstract

The reform of Indonesian criminal law through the new Criminal Code (Law No. 1 of 2023) introduces the concept of "living law in society," allowing the application of customary norms to balance legal certainty and social justice. Although it aims to accommodate cultural diversity, its implementation faces challenges, such as the definition of living law, difficulties in formulating crimes, and potential conflicts between customary law and formal law. This legal uncertainty can reduce public trust in the justice system. Therefore, intensive socialization and legal education for the community are essential, supported by the participation of academics and legal practitioners to ensure that human rights protection remains a priority. This step is expected to create a fair, effective, and inclusive criminal justice system
Dekonstruksi Citra Keluarga Sakinah Dalam Pernikahan Dengan Pasangan Narcissistic Personality Disorder Dalam Sudut Pandang Hukum Islam Wati, Dewi Setio; Nurnazli, Nurnazli; Zaelani, Abdul Qodir
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 1 (2025): 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.v10i1.4009

Abstract

This study examines the impact of Narcissistic Personality Disorder (NPD) on achieving a harmonious family in marriage, and reviews the approach of Islamic family law and psychology in dealing with the problem. This study uses a library study method, This study describes how NPD characteristics, such as egoism and lack of empathy, can disrupt household harmony. In addition, this study also discusses the role of Islamic family law in providing protection for couples involved in marriages with individuals who have NPD characteristic disorders. The results of the study show that marriage with an NPD partner often creates emotional and psychological imbalances that hinder the achievement of a harmonious family, so it requires a multidisciplinary approach to resolve it
Pandangan Hukum Islam Terhadap Perkawinan Beda Agama Dalam Perspektif Normatif Yuridis Psikologi Erwansyah, Tomy; Jayusman, Jayusman; Zaki, Muhammad
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 1 (2025): 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.v10i1.4006

Abstract

Interfaith marriage refers to a union between individuals adhering to different religious traditions. In Indonesia, characterized by its religious diversity, individuals generally maintain their commitment to their respective faiths. This research aims to present an in-depth exploration of interfaith marriage within the framework of Islamic law, serving as a valuable reference for legal and social studies. As outlined in Article 40(c) of the Compilation of Islamic Law (KHI), muslim men are strictly forbidden from entering into marriage with women who adhere to a different religion. Similarly, Article 44 of the same legal framework explicitly forbids Muslim women from entering into marriage with non-Muslim men. This research employs a normative legal method, relying on secondary data sources such as legislation, online resources, and scholarly literature. Data collection was conducted through a library research approach, involving the analysis and interpretation of relevant theories and literature. The findings suggest that interfaith marriages are influenced by the plurality of religions in Indonesia and by patterns of social interaction. Nonetheless, in Islamic teachings, Marriage is conceptualized as as a union that encompasses both physical and spiritual bonds between a man and a woman, aimed at forming a harmonious and enduring family founded upon faith in the One Supreme God

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