JUSTICES: Journal of Law
JUSTICES: Journal of Law is a peer-reviewed journal published by Perkumpulan Dosen Fakultas Agama Islam Indramayu. The journal is aimed at spreading the research results conducted by academicians, researchers, and practitioners in the field of lawin both theory and practice. In particular, papers which consider the following general topics are invited: Classical and Modern Law, Politics and Constitutional Law, Criminal Law, Economic Law, International Law, and Human Rights, Islamic Law and Islamic Family Law.
Articles
85 Documents
<![CDATA[Intervention on the Status of Unwed Children After the Constitutional Court Decision ]]>
<![CDATA[Terbit Fajar]]>
<![CDATA[ JUSTICES: Journal of Law Vol. 2 No. 3 (2023): Progressive and Critical Law Review ]]>
Publisher : <![CDATA[Perkumpulan Dosen Fakultas Agama Islam Indramayu ]]>
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DOI: 10.58355/justices.v2i3.23
<![CDATA[Intervention on the status of children out of wedlock after the decision of the constitutional court and what constitutional judges considerations in issuing Decision Number 46 / PUU-VIII / 2010. This type of research is a type of normative legal research with a statute approach and conceptual approach. Sources of legal materials used are primary, secondary and tertiary legal materials. The legal material collection technique used is the literature study technique and then arranged descriptively and systematically. The results showed that (1) Since the Constitutional Court ruling No. 46 / PUU-VIII / 2010, an extramarital child can have a civil relationship with a man as his father if it can be proven by science and technology that the child has a blood relationship with the man. (2) Children are the result of a mother and father relationship either because of sexual relations or because other actions are in accordance with technological developments that can cause pregnancy, therefore the Constitutional Court judge granted judicial revew of Article 43 paragraph (1) of the 1945 constitution.]]>
<![CDATA[The Role Of The Constitutional Court In Realizing A Democratic Law State Through State Administration In Indonesia ]]>
<![CDATA[Diantika Chayani]]>;
<![CDATA[Arif Wibowo]]>
<![CDATA[ JUSTICES: Journal of Law Vol. 2 No. 3 (2023): Progressive and Critical Law Review ]]>
Publisher : <![CDATA[Perkumpulan Dosen Fakultas Agama Islam Indramayu ]]>
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DOI: 10.58355/justices.v2i3.47
<![CDATA[The Constitutional Court was formed to guarantee the constitution as the highest law so that it can be upheld. The position of the Constitutional Court in the Indonesian constitutional system is as a state institution that carries out a judicial function in the competence of the object of constitutional cases. The existence of the Constitutional Court as guardian of the existing constitution in Indonesia is to strengthen the foundations of constitutionalism in the 1945 constitution with the aim of upholding law and justice. The main authority of the Constitutional Court is to review laws against the 1945 Constitution which is commonly known as judicial review. Another authority of the Constitutional Court, as an effort to structuring the relationship between state institutions and democratic institutions based on the principle of the rule of law. The Constitutional Court is also the interpreter of the constitution which is final and has a function as guardian of the constitution. So the decisions of the Constitutional Court as one of the higher institutions in Indonesia must consider democratic values and the constitutional rights of citizens or human rights (HAM) with the aim of upholding a fair law for all people.]]>
<![CDATA[Optimizing Lawrence Meir Friedman's Legal System Theory in the Authority to Investigate Corruption Crimes in Indonesia ]]>
<![CDATA[Fahrizal S.Siagian]]>
<![CDATA[ JUSTICES: Journal of Law Vol. 2 No. 4 (2023): Progressive and Critical Law Review ]]>
Publisher : <![CDATA[Perkumpulan Dosen Fakultas Agama Islam Indramayu ]]>
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DOI: 10.58355/justices.v2i4.93
<![CDATA[This study aims to answer the regulation of eradicating corruption in Indonesia, second, answer the optimization of Lawrence Meir Friedman's legal system in the authority to investigate corruption crimes in Indonesia. The research method used is normative legal research which refers to research studies on laws and regulations combined with primary, secondary and tertiary legal materials. The data collection technique is by using (Library Research). The nature of research is descriptive analysis. First The results of the study, the Eradication of Corruption Crime is regulated in Law Number 20 of 2001 and other laws and regulations. Second, that the investigation of corruption crimes in Indonesia has not been perfect in accordance with the theory of Lawrence Meir Friedman's legal system. The problems of the three elements of the legal system are still an obstacle to investigating corruption crimes in Indonesia.]]>
<![CDATA[Authority or Competence of the State Administrative Court (PTUN) on Dispute Subjects in Indonesia ]]>
<![CDATA[Sri Wahyuni Ermawati]]>
<![CDATA[ JUSTICES: Journal of Law Vol. 3 No. 1 (2024): Progressive and Critical Law Review ]]>
Publisher : <![CDATA[Perkumpulan Dosen Fakultas Agama Islam Indramayu ]]>
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DOI: 10.58355/justices.v3i1.7
<![CDATA[The authority or competence possessed by PTUN includes absolute competence and relative competence. The absolute competence of PTUN can be seen from the point of view of the object, material or subject matter of the dispute, namely relating to the issuance of policies from TUN bodies or officials in the form of written decrees or decisions. Meanwhile, relative competence is related to the location or jurisdiction of the court itself, as well as the parties to the dispute. Based on Article 1 point (8) of Law 51/2009, the subjects of disputes in the PTUN are individuals or civil legal entities and TUN bodies or officials. Meanwhile, the object of the dispute is the TUN Decision, which is a written determination issued by a TUN body or official based on applicable laws and regulations, which is concrete, individual and final, which can give rise to legal consequences for a person or civil legal entity. This is stated in Article 1 number (9) of Law 51/2009.]]>
<![CDATA[Paradigm for the Application of the Dominus Litis Principle in the Indonesian State Administrative Court ]]>
<![CDATA[Ahlul Fiqri]]>
<![CDATA[ JUSTICES: Journal of Law Vol. 2 No. 4 (2023): Progressive and Critical Law Review ]]>
Publisher : <![CDATA[Perkumpulan Dosen Fakultas Agama Islam Indramayu ]]>
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DOI: 10.58355/justices.v2i4.16
<![CDATA[In the case of efforts to establish a just rule of law state, judges need to actively find the material truth desired by the state administrative court and the Judicial Powers Act, including its practice in dispute resolution. Their activeness really helps people to get justice, namely following the duties of a judge. Among them are examining, deciding and resolving disputes, especially in examining State Administrative Decisions issued by State Institutions or Officials, which are contrary to applicable laws and regulations and general principles of good governance.]]>
<![CDATA[Application of Administrative Sanctions in Decisions on State Administrative Cases at the State Administrative Court ]]>
<![CDATA[Terbit Fajar]]>;
<![CDATA[Arif Wibowo]]>
<![CDATA[ JUSTICES: Journal of Law Vol. 2 No. 4 (2023): Progressive and Critical Law Review ]]>
Publisher : <![CDATA[Perkumpulan Dosen Fakultas Agama Islam Indramayu ]]>
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DOI: 10.58355/justices.v2i4.24
<![CDATA[In carrying out its duties and authority, it is felt that the State Administrative Court (PTUN) in Indonesia has not met the expectations of the people seeking justice. This journal discusses the application of administrative sanctions, the obstacles they face and the concept of effective application of administrative sanctions in TUN case decisions at the Semarang PTUN. The research method is socio legal. The results of the research are first, the application of administrative sanctions in TUN case decisions at the Semarang PTUN is not optimal. Second, the obstacles are low awareness of TUN Officials, lack of active participation from the Defendant and lack of supervision, there are no regulations regarding a special budget. Third, the concept of effective implementation is that there is a legal basis for the PTUN to include administrative sanctions in its decision, revise the provisions of the relevant articles, there needs to be a clear commitment from the TUN Agency or Officials and their superiors, the need for supervision.]]>
<![CDATA[Position and Authority of the Constitutional Court in the Constitutional System of the Republic of Indonesia ]]>
<![CDATA[Zainal Abidin]]>
<![CDATA[ JUSTICES: Journal of Law Vol. 2 No. 4 (2023): Progressive and Critical Law Review ]]>
Publisher : <![CDATA[Perkumpulan Dosen Fakultas Agama Islam Indramayu ]]>
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DOI: 10.58355/justices.v2i4.38
<![CDATA[The Constitutional Court is the only institution with the same position as the Supreme Court, which means that these two courts are the two highest institutions in the judiciary. The Supreme Court is influenced by the Constitutional Court's status as an independent state institution in the judicial sector. Previously, the Supreme Court, which supervised other courts, was the highest institution, but after the establishment of the Constitutional Court, justice was organized by the judiciary. Even with the existence of the Constitutional Court, the power of the Supreme Court in terms of judicial review of laws and regulations can be liberalized by law because its power violates the constitutionality of the law.]]>
<![CDATA[Term of Office of Constitutional Judges and Its Implications for the Independence of Judicial Power ]]>
<![CDATA[Dewi Andriani]]>
<![CDATA[ JUSTICES: Journal of Law Vol. 3 No. 1 (2024): Progressive and Critical Law Review ]]>
Publisher : <![CDATA[Perkumpulan Dosen Fakultas Agama Islam Indramayu ]]>
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DOI: 10.58355/justices.v3i1.40
<![CDATA[This paper analyzes the implications of the term of office of constitutional judges in relation to the principle of independence of judicial power. Constitutional justices have a five-year term of office and can only be re-elected for one further term. This provision has been tried to be corrected through a request for judicial review of the Constitutional Court (MK) Law, but there is no Constitutional Court decision stating that the term of office of constitutional judges is contrary to the 1945 Constitution of the Republic of Indonesia. Determining the term of office of constitutional judges has implications for the independence of judicial power. The existence of a second period or renewable term will open up opportunities for political influence in the appointment of constitutional judges for the second period, thereby reducing the independence of judicial power. The elimination of the second period as approved by the legislators has positive implications for the independence of judicial power, but needs to be accompanied by improvements to the selection and supervision mechanism for constitutional judges. The Third Amendment to the Constitutional Court Law also regulates the selection process, but only states the principles and leaves further regulations to each state institution.]]>
<![CDATA[Position and Authority of the Constitutional Court as a State Institution ]]>
<![CDATA[Riyah, Juwai]]>
<![CDATA[ JUSTICES: Journal of Law Vol. 3 No. 2 (2024): Progressive and Critical Law Review ]]>
Publisher : <![CDATA[Perkumpulan Dosen Fakultas Agama Islam Indramayu ]]>
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DOI: 10.58355/justices.v3i2.52
<![CDATA[The Constitutional Court of the Republic of Indonesia is the highest state institution with the same position as the Supreme Court (MA). Initially, the Constitutional Court was an institution intended only to examine the constitutionality (constitutional review) of a law against the constitution. Because of this, the constitutional court is often referred to as "the guardian of the constitution". The Constitutional Court is a new state institution in the Indonesian constitutional system as a result of changes to the 1945 Constitution of the Republic of Indonesia. The function and role of the Constitutional Court in Indonesia has been institutionalized in Article 24C paragraph (1) of the 1945 Constitution which determines that the Constitutional Court has four constitutional authorities ( constitutionally entrusted powers) and a constitutional obligation. This provision is reaffirmed in Article 10 paragraph (1) letters a to d of Law Number 24 of 20023 concerning the Constitutional Court. The four powers of the Constitutional Court are: 1). Testing laws against the 1945 Constitution, 2). Deciding authority disputes between state institutions whose authority is granted by the 1945 Constitution, 3). Deciding on the dissolution of political parties, 4). Resolving disputes about election results.]]>
<![CDATA[Analysis of the Authority of the Constitutional Court in Reviewing Laws ]]>
<![CDATA[Putri Octaviani]]>
<![CDATA[ JUSTICES: Journal of Law Vol. 3 No. 1 (2024): Progressive and Critical Law Review ]]>
Publisher : <![CDATA[Perkumpulan Dosen Fakultas Agama Islam Indramayu ]]>
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DOI: 10.58355/justices.v3i1.61
<![CDATA[The authority of the Constitutional Court is a separate study in this article. The authority of the Constitutional Court in accordance with the provisions of Article 24C Paragraphs (1) and (2) is to adjudicate at the first and final level to test laws against the Constitution, decide disputes over the authority of state institutions whose authority is granted by the Constitution, decide on the dissolution of political parties and decide disputes regarding the results of general elections. . Apart from that, the Constitutional Court can also give decisions to the DPR if they commit violations and also the President and Vice President who are submitted to the Constitutional Court]]>
