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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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Tindak Pidana Pembunuhan Dengan Motif Kehormatan Honor Killing Dalam Perspektif Hukum Pidana Indonesia Muhtadi, Fachry Saad; Dwi Jayani, Ni Made Ita; Andi Saputra, I Nyoman Octaria; Rahmat Akbar, Muhammad Ardan Aldika; Sulaiman, M Zulfan
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 2 (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.v10i2.4464

Abstract

Honor killing is a complex criminal phenomenon occurring across various cultures, including Indonesia, where values of honor often clash with national criminal law. This study aims to analyze the fulfillment of the elements of murder under the Indonesian Criminal Code (KUHP) in the context of honor killings, examine its legal qualification and sentencing implications, and analyze the dynamics of judicial sanctioning. The research employs a normative legal method with statutory, conceptual, and case law approaches. The results indicate that honor killings fully meet both the objective and subjective elements of murder (Articles 338, 339, 340 of the KUHP), are not recognized as an excuse or justification, and receive no special legal qualification or sentence reduction. Judges consistently reject honor as a juridical mitigating factor and impose penalties proportionate to the crime, affirming the supremacy of law and the protection of the right to life above cultural claims.
Analisis Normatif Terhadap Pertanggung Jawaban Pidana Korporasi Dalam Kejahatan Ekonomi Di Sektor Keuangan Dermawan, Rian Rizky; Fardiansyah, Ahmad Irzal; Tamza, Fristia Berdian
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 2 (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.v10i2.4540

Abstract

Economic crimes committed by corporations in the financial sector are an increasingly complex phenomenon in the era of globalization. These crimes not only result in financial losses but also threaten economic stability and public trust. This research uses a normative juridical method with a statutory, conceptual, and case-based approach. The results indicate that corporate criminal liability for economic crimes still faces implementation challenges due to weak legal instruments and difficulties in providing evidence. Law Number 7 of 1992 in conjunction with Law Number 10 of 1998 concerning Banking, and Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering regulate the precautionary principle, but have not effectively ensnared corporate entities as subjects of criminal law. Therefore, regulatory harmonization and increased effectiveness of law enforcement against corporations committing economic crimes are needed.
Konflik Kepentingan Dalam Putusan Mahkamah Konstitusi Nomor 90/PUU-XXI/2023: Adopsi Ketentuan Judicial Disqualification Negara Amerika dan Kanada Komarra, M. Akbar Arri; Ridlwan, Zulkarnain; Muhtadi, Muhtadi
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 2 (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.v10i2.4433

Abstract

Decision Number 90/PUU-XXI/2023 is very problematic how the Constitutional Court Judges in their authority actually handle cases that should be returned by the lawmaking body (open legal policy) and have made new norms. The inconsistency of interpretation into the realm of open legal policy and the doctrine of the Constitutional Court as a negative legislator is also evident in Constitutional Court Decision Number 29-51-55/PUU/XXI/2023, which needs to be analyzed from the independence and impartiality of the judiciary. This research method refers to normative research conducted by conducting a study of the principles and applicable laws and regulations relating to the legal issues to be discussed. The research was accompanied by literature studies in the form of books, journals, and decisions as reference materials for research. Data analysis uses descriptive analytics to describe legal phenomena that occur in society through analysis obtained through deductive data to be concluded specifically. The results showed that the conflict of interest that accompanied the Constitutional Court Decision Number 90/PUU-XXI/2023 reduced the quality of the Constitutional Court's independence and the impartiality of its judges. The legal events that the author found in such a way contradict the initial spirit of the establishment of the Constitutional Court. The independence of the Constitutional Court institutionally is considered to have exceeded the limits of authority by handling the case of the age limit of the presidential and vice presidential candidates, which should be owned by the lawmaking body, as well as the inconsistency of previous decisions that create new norms without any clear disadvantages. Conflict of interest was also present in the judicial process, where the composition of the judges changed instantly when Anwar Usman attended the RPH, which was originally the majority of judges refused to partially grant.
Peran Kebijakan Perlindungan Hutan dalam Mengurangi Dampak Kebakaran Hutan terhadap Kesehatan di Provinsi Kalimantan Tengah dan Riau Arianti, Tanti; Wulandari, Christine; Bakri, Samsul; Sukohar, Asep; Noviani, Erina; Hardito, Joni
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 2 (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.v10i2.4044

Abstract

This study aims to analyze forest protection policies in mitigating the health impacts of forest fires, with a particular focus on the provinces of Central Kalimantan and Riau. The method used is a literature review, involving the analysis of legal regulations, regional policy documents, and relevant academic journals. Although Indonesia has a relatively strong legal framework, policy implementation faces significant challenges, including limited resources and widespread dependence on land-burning practices by both local communities and corporations. Health impacts such as acute respiratory infections (ARI) and chronic respiratory problems continue to rise alongside the frequency of forest fires. Based on data from the Ministry of Environment and Forestry, in 2019 Central Kalimantan contributed 134,227 hectares and Riau 75,871 hectares to the national total of 1.64 million hectares of burned area. Therefore, a more integrated, prevention-oriented policy approach involving community participation and early detection technologies is urgently needed
Analisis Yuridis Kebijakan Moda Angkutan Umum Di Kota Bandar Lampung Patria, Riza Yudha; Susilawati, Susilawati; Kurniadi, Heri
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 2 (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.v10i2.4228

Abstract

Transportation plays a very important role in regions, be they rural, semi-urban or urban areas in developing countries, because it provides access for people to meet their daily needs for goods and services, as well as improving socio-economic life, access to information and markets. Community and location-specific services, as well as new opportunities, are all important needs in the development process. Transportation problems in urban areas cannot be separated from the heterogeneous character of urban communities. The problem of urban transportation, in this case traffic jams, is complex because it is not only caused by physical factors, but also influences each other (reciprocally) with socio-legal factors and/or the behaviour of city residents. Therefore, overcoming traffic jams and various other transportation problems cannot be done only by arranging or improving physical transportation alone, but must also use a socio-legal approach, which can be done by enforcing traffic laws (rules) and raising awareness. people in traffic. In essence, a humane transportation system will also have a humane influence on people's quality of life
Efektivitas Perlindungan Hukum Terhadap Peretasan Data Di Pusat Data Nasional Wijaya, Chessya Tivani; Sujadmiko, Bayu; Zazili, Ahmad
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 2 (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.v10i2.4217

Abstract

The National Data Center which is in the spotlight because it experienced data hacking, this is a serious threat that endangers the security of data and public information in Indonesia. This study aims to examine the effectiveness of legal protection in force in Indonesia against cases of data hacking at the National Data Center. Analyze how effective data protection is at the National Data Center and what Indonesia's strategy is in data protection in the future. The method used in this study is normative juridical by reviewing and analyzing laws and regulations such as the Electronic Information and Transactions Law, the Personal Data Protection Law, and regulations relevant to the study. The results of the study show that the policies issued by Indonesia still face various challenges including the implementation of these regulations to data management resources, and the lack of awareness in personal data protection in the community is a factor that with such a complete policy not supported by public education from it itself, it will not go hand in hand. Therefore, it is necessary to strengthen the policy, increase the capacity of data management resources and update regulations that are adaptive to the threat of cyber dynamics.
Analisis Hukum Terhadap Implementasi Prinsip Itikad Baik Dalam Perjanjian Hak Tanggungan Rahma, Luthfiah; Amanah, Safitta; Putri, Thyrafi Amelia
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 2 (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.v10i2.4462

Abstract

The principle of good faith is one of the fundamental principles of contract law in Indonesia. This principle is regulated in Article 1338 paragraph (3) of the Civil Code, which emphasizes that an agreement must be executed in good faith. This provision affirms that each party is bound to execute the agreement in accordance with norms of propriety and justice, not solely based on what is written in the contract. Contract law in Indonesia recognizes a fundamental principle that underlies every contractual relationship, namely the principle of freedom of contract, as stipulated in Article 1338 paragraph (1) of the Civil Code. However, freedom of contract is not absolute; rather, it is limited by the existence of the principle of good faith, as affirmed in Article 1338 paragraph (3) of the Civil Code. This article states that an agreement must be executed in good faith. (Ontology) This research method uses a normative juridical approach. The sources and types of data used are primary and secondary data. Data collection through library research. Data processing was carried out by selecting and examining the obtained data for completeness, as well as systematically classifying or grouping the data. The data analysis used was qualitative legal. Soerjono Soekanto defines normative legal research as "legal research conducted solely by examining library materials or secondary data." (Epistemology) The results of the study indicate that the implementation of the principle of good faith in mortgage agreements is not yet fully consistent, particularly when disputes arise regarding the execution of mortgage rights, which often result in injustice for debtors. Therefore, it is necessary to strengthen the understanding of the parties and ensure consistency among law enforcement officials in applying the principle of good faith, so that mortgage agreements can function not only as instruments of legal certainty but also as a means of justice and protection for all parties involved. (Epistemology) The recommendation in this study is the need for clarification in the implementing regulations of the Mortgage Law regarding the obligations of parties to execute agreements in good faith, including transparent and proportional execution auction procedures. Regulations should establish a mechanism for independent assessment of mortgaged assets prior to execution to prevent below-market sales practices that are detrimental to debtors. (Axiology)
Konflik Normatif Antara Non-Refoulement Dan Kedaulatan Negara: Tinjauan Filosofis Dan Hukum Dalam Kasus Pengungsi Rohingya Dari Bangladesh Putri, Nabila Riana; Natamiharja, Rudi; Sujadmiko, Bayu
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 2 (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.v10i2.4078

Abstract

State sovereignty as the exclusive right to regulate domestic affairs often clashes with international obligations to respect the principle of non-refoulement in refugee protection, especially Rohingya refugees. The conflict between sovereignty and international legal obligations poses a complex normative dilemma, where the state must balance national interests, security, and the protection of human rights. Restrictions on the application of the principle of non-refoulement can be done proportionally and in accordance with international legal norms and universal moral principles in natural law theory. International cooperation and strengthening domestic laws are key in managing such restrictions so as not to violate refugee rights. With a wise and harmonious approach, states can ensure the protection of refugees without compromising national stability, security and sovereignty, thus creating a more responsive and humane international legal system.
Pertanggungjawaban Pidana Terhadap Reseller Atas Peredaran Produk Bermerek Palsu Dalam Perspektif Ketentuan Perundang-Undangan Maharanny, Fegita; Fardiansyah, Ahmad Irzal; Tamza, Fristia Berdian
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 2 (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.v10i2.4487

Abstract

A brand can be said to be an intellectual property right because there is an exclusive right granted by the state to the owner of a registered brand for a certain period of time by using the brand themselves or giving permission to another party to use it so that it is called a brand right. However, in practice, brands are often misused by the Indonesian people, especially in the economic sector by business actors, in this case resellers. The problem in this study is what form of criminal liability against resellers for the circulation of counterfeit branded products from the perspective of the Trademark Law and the Consumer Protection Law and how to overcome the circulation of counterfeit branded products. The type of research used is normative research with a statutory approach and a conceptual approach. The type of data uses secondary data through literature studies. The results of this study indicate that criminal liability against resellers for the circulation of counterfeit branded products can be imposed through Law Number 20 of 2016 concerning Trademarks and Geographical Indications which emphasizes the protection of intellectual property rights for brand owners who are harmed due to acts of brand counterfeiting.
Tinjauan Yuridis Pedoman Hakim Dalam Mengadili Perempuan Berhadapan Dengan Hukum Di Indonesia Suri, Rahmah Atika; Zulfa, Eva Achjadi
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 2 (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.v10i2.4107

Abstract

This research discusses the importance of legal protection for women in conflict with the law, particularly those who are victims of sexual violence, by highlighting the role of judges as key actors in ensuring justice that sides with the victims. The main focus of this study is an analysis of the provisions in Supreme Court Regulation (PERMA) Number 3 of 2017 on Guidelines for Adjudicating Cases Involving Women in Conflict with the Law and Law Number 12 of 2022 on the Crime of Sexual Violence (UU TPKS). Both serve as important instruments in shaping a fair and gender-sensitive legal perspective. This research employs a doctrinal legal method, which involves a literature-based approach and normative analysis of relevant legislation. The author examines the legal substance and principles of gender-based justice that must be applied in court proceedings, including the principles of non-discrimination, respect for women's dignity, and legal protection that is responsive to victims. The findings indicate that the synergy between PERMA and the Sexual Violence Crime Law represents a strategic step in creating an inclusive criminal justice system, ensuring the rights of victims, and strengthening judicial accountability in upholding substantive justice. Therefore, the development and implementation of gender-responsive law become a crucial foundation for realizing true justice for women victims of sexual violence in Indonesia.

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