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[Protection of Civilians in War: The Role of International Humanitarian Law ]]>
<![CDATA[Khan, Gawhar Ahmad]]>
<![CDATA[ JUSTICES: Journal of Law Vol. 3 No. 3 (2024): Progressive and Critical Law Review ]]>
Publisher : <![CDATA[Perkumpulan Dosen Fakultas Agama Islam Indramayu ]]>
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DOI: 10.58355/justices.v3i3.131
<![CDATA[International Humanitarian Law (IHL) is a compilation of laws aimed at limiting the consequences of armed conflict for humanitarian purposes. It safeguards those that are not or are no longer involved in fighting and limits the arms and tactics of warfare. It also protects people’s lives, welfare, and dignity, prohibits torture and inhuman treatment, prescribes fundamental protections for those facing criminal charges, prohibits prejudices, establishes guidelines for women's and children's safety, and regulates facets of the right to food and health. This study, essentially, theoretical and academic, would focus onto bring about the role and importance of International Humanitarian Law in protection and establishing the rights of civilians during the strife and hostilities.]]>
<![CDATA[Positive Laws in Facing Revenge Porn, Are They Effective? ]]>
<![CDATA[Ahmad Izzuddin]]>;
<![CDATA[Dakka Fadilah M Harahap]]>
<![CDATA[ JUSTICES: Journal of Law Vol. 3 No. 4 (2024): Progressive and Critical Law Review ]]>
Publisher : <![CDATA[Perkumpulan Dosen Fakultas Agama Islam Indramayu ]]>
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DOI: 10.58355/justices.v3i4.132
<![CDATA[Revenge porn is a phenomenon that is increasingly occurring as a result of advances in information technology, especially among teenagers. This practice involves the unauthorized dissemination of one's intimate content through online media for the purpose of humiliation or as a form of revenge. Even though the Information and Electronic Transactions Law (UU ITE) and the Pornography Law are the main legal umbrellas used to overcome revenge porn cases, the effectiveness of positive law in dealing with this crime is still questionable. This research uses literature research methods to analyze and interpret the effectiveness of positive law in dealing with revenge porn in Indonesia. Results showed that despite the existence of legal tools that could be used to ensnare perpetrators, the lack of specific regulations governing online gender-based violence was a major obstacle to law enforcement. Improvement efforts are therefore needed in the existing legal system to provide better protection for victims and ensure that perpetrators can be effectively ensnared.]]>
<![CDATA[Analysis of Potential Perma Number 1 Year 2013 on Assets Outside the Account Without Punishment ]]>
<![CDATA[Adria Fathan Mahmuda]]>;
<![CDATA[Akiko Ivana]]>;
<![CDATA[Tiara]]>
<![CDATA[ JUSTICES: Journal of Law Vol. 3 No. 4 (2024): Progressive and Critical Law Review ]]>
Publisher : <![CDATA[Perkumpulan Dosen Fakultas Agama Islam Indramayu ]]>
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DOI: 10.58355/justices.v3i4.135
<![CDATA[The Law number 14 of 1970 jo. The Law number 48 of 2009 on Judicial Power mandates that the Supreme Court as the organizer of judicial power has the right to issue implementing regulations, namely Supreme Court Regulations (Perma) in order to support the performance of the Supreme Court itself. This then became the basis for the establishment of Perma No. 1 of 2013 concerning Procedures for Settling Applications for Handling Assets in ML or Other Crimes as Procedural Law for handling assets resulting from ML that are In Rem Forfeiture or the origin of the owner is unknown. However, viewed hierarchically, the legal vacuum in the Procedural Law for the procedure of handling assets from ML is too broad to be regulated only in the Perma instrument. Furthermore, this Perma has a much broader indication to regulate the problem of assets of ML/TF proceeds that are outside the account and specify asset tracing efforts on assets of ML/TF proceeds outside the account. This possibility and opportunity is what this paper intends to explore through two problem formulations, namely how the jurisdiction of Perma Number 1 of 2013, its implementation, and efforts to implement asset tracing of assets outside the account in accordance with the mandate of Perma Number 1 of 2013. The research method we use is the normative juridical method and is qualitative in nature with a conceptual, case, and statute approach.]]>
<![CDATA[Implementation of Hubbard ACT in the United States Military Sole Survivor Policy ]]>
<![CDATA[Vanesha Salsabila Keisya]]>
<![CDATA[ JUSTICES: Journal of Law Vol. 3 No. 4 (2024): Progressive and Critical Law Review ]]>
Publisher : <![CDATA[Perkumpulan Dosen Fakultas Agama Islam Indramayu ]]>
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DOI: 10.58355/justices.v3i4.139
<![CDATA[This article discusses the influence of the Sole Survivor Policy on US military policy. Under the “Sole Survivor Policy” of the United States Department of Defense, service members who lose all their family members in war cannot be reassigned to a combat zone and will be 'honorably discharged' from the military. It aims to protect “the last son to carry the family name”. This research focuses on the case of the Hubbard brothers who became the forerunner of the Hubbard Act, which was passed by President George W Bush on August 29, 2008. This policy also resulted in veterans who were honorably discharged before the end of their contract not receiving adequate benefits. This has certainly harmed the fundamental rights of war veterans who have fought for their country, but are not given the rights they deserve. The method used in this research is normative juridical research method. The data used is secondary data. The data is presented qualitatively and analyzed descriptively. The result of this research is that the Hubbard Act, which is outlined in a United States public document entitled PUBLIC LAW 110-317, closes the gap in the existing “Sole Survivor” policy by providing veterans with a number of benefits that have been offered to other honorably discharged military members.]]>
<![CDATA[Implementation of Modern Cooperative Law for Cooperatives Towards Perfect Legal Entity Status ]]>
<![CDATA[Ridho Alfahriansyah]]>
<![CDATA[ JUSTICES: Journal of Law Vol. 3 No. 4 (2024): Progressive and Critical Law Review ]]>
Publisher : <![CDATA[Perkumpulan Dosen Fakultas Agama Islam Indramayu ]]>
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DOI: 10.58355/justices.v3i4.127
<![CDATA[he cooperative model (Koperasi) deeply rooted in the Indonesian societal concept of mutual cooperation, known as 'gotong royong,' remains relevant and necessary in the present and foreseeable future. While the fundamental regulations governing cooperatives were established over a decade ago, their executive regulations have been developed more gradually. The underlying legal framework of the 1992 Cooperative Law requires significant updates if Indonesian cooperatives are to effectively compete with other business entities within the country and globally. This article underscores the need for further exploration, as it reveals that numerous conceptual aspects still warrant in-depth studies concerning the continuation of Act No. 25 of 1992 on Cooperatives, which has been in existence for approximately 18 years. Despite the government's issuance of implementing regulations and various rules, the core provisions of the law have not been aligned with the evolving economic landscape and the unique characteristics of cooperative enterprises. Consequently, the role of cooperatives as business entities remains inadequate, hindering their ability to achieve parity with other businesses both within Indonesia and on an international level. ]]>
<![CDATA[Legal Aspects in the Development and Management of the Bilaporah Area, Bangkalan, Madura ]]>
<![CDATA[Nur Komariyah]]>;
<![CDATA[Abdur Rohman]]>
<![CDATA[ JUSTICES: Journal of Law Vol. 3 No. 4 (2024): Progressive and Critical Law Review ]]>
Publisher : <![CDATA[Perkumpulan Dosen Fakultas Agama Islam Indramayu ]]>
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DOI: 10.58355/justices.v3i4.128
<![CDATA[This study aims to analyze the legal aspects in the development and management of the Bilaporah area in Bangkalan, Madura. This area has significant economic and tourism potential, but legal challenges often hinder the optimization of its development. This study identifies various relevant regulations, including agrarian law, environmental law, and regional regulations. In addition, this study evaluates the implementation of these policies in practice and the obstacles faced by local governments and investors. The results of the study indicate that unclear regulations and overlapping regulations often lead to legal uncertainty, which negatively affects the investment climate. Therefore, it is necessary to harmonize regulations and increase the capacity of law enforcement to support sustainable and equitable development in Bilaporah.]]>
<![CDATA[Role of KVKs in Jammu & Kashmir under the Plant Protection Act 2001 ]]>
<![CDATA[Nazia Fayaz Azad]]>;
<![CDATA[Fareed Ahmed Rafiqi]]>;
<![CDATA[Bilal Ahmad Bhat]]>
<![CDATA[ JUSTICES: Journal of Law Vol. 3 No. 4 (2024): Progressive and Critical Law Review ]]>
Publisher : <![CDATA[Perkumpulan Dosen Fakultas Agama Islam Indramayu ]]>
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DOI: 10.58355/justices.v3i4.133
<![CDATA[The Protection of Plant Varieties and Farmers Act,2001 is the culmination of legislative action undertaken by India to give effect to the TRIPS Agreement under the aegis of the WTO regime. This enactment is applicable in the whole of India including the state of J&K. Like in the rest of India the Ministry of Agriculture implements it through its nodal agencies known as Krishi Vigyan Kendras. This paper shall enumerate the Origin, Genesis, and mandate of Krishi Vigyan Kendras working under the aegis of the Ministry of Agriculture. It will define the role of KVKs and how farmers benefit from the schemes formulated therein. It shall illuminate the potential contribution of KVK in Kashmir Valley as an implementation machinery under the PPVFR Act 2001 and as an allied department of SKUAST-K. Needless to mention here KVKs play an important role in providing assistance and training to farmers in the shape of OFT [on-farm trials] and FLDs [front-line demonstrations] to enhance the quality of the farmer’s variety.]]>
<![CDATA[Regarding Decisions and Legal Efforts at the State Administrative Court ]]>
<![CDATA[Masrufah]]>;
<![CDATA[Arif Wibowo]]>
<![CDATA[ JUSTICES: Journal of Law Vol. 4 No. 1 (2025): Progressive and Critical Law Review ]]>
Publisher : <![CDATA[Perkumpulan Dosen Fakultas Agama Islam Indramayu ]]>
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DOI: 10.58355/justices.v4i1.41
<![CDATA[Indonesia as a rule of law requires all actions or deeds of the authorities, therefore Indonesia has an independent judiciary in administering judicial power to uphold the law. In Indonesia, the State Administrative Court was formed with the aim of realizing the nation's and state's life order which guarantees the equality of citizens in the law. The research method used at this writing is to use normative legal research methods. where normative legal research here can be interpreted as research aimed at examining the quality of the legal norms themselves. In the state administrative court, of course, there are matters regarding decisions and legal remedies. Therefore it can be defined that a decision according to the legal dictionary is the result of examining a case. Meanwhile, the implementation of decisions in law is a determinant of the success of the judicial control system on government attitudes and actions in the system of public protection against government actions. In addition to the existence of a decision, it is also accompanied by legal remedies where legal remedies are the right of the defeated party not to accept the court's decision, in the form of resistance or appeal or cassation or the right to submit a request for review in the case of demanding the method stipulated in the law.]]>
<![CDATA[The Role of the Constitutional Court in Protecting Human Rights (HAM) in Indonesia ]]>
<![CDATA[Muhammad Alvin Sandjaya]]>;
<![CDATA[Asep Suherman]]>
<![CDATA[ JUSTICES: Journal of Law Vol. 4 No. 1 (2025): Progressive and Critical Law Review ]]>
Publisher : <![CDATA[Perkumpulan Dosen Fakultas Agama Islam Indramayu ]]>
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DOI: 10.58355/justices.v4i1.140
<![CDATA[The Constitutional Court (MK) has an important role as the final interpreter of the constitution and protector of human rights (HAM) in Indonesia. The Constitutional Court is tasked with examining the constitutionality of laws, ensuring the conformity of regulations with the 1945 Constitution, and protecting individual rights through decisions that confirm the basic rights of citizens. The Constitutional Court also plays a role in resolving general election disputes to maintain the integrity of democracy. The Constitutional Court's important decisions, such as freedom of expression, protection of minority rights, and the right to legal protection in detention, demonstrate this institution's commitment to upholding human rights. However, challenges in implementing MK decisions include low public legal awareness, complicated bureaucratic procedures, and resistance from parties with certain interests. The success of upholding human rights depends on political commitment, support from relevant institutions, and public acceptance of the necessary changes.]]>
<![CDATA[Protection of Human Rights in Freedom of Opinion and Expression on Social Media ]]>
<![CDATA[Nizam Tazmi]]>
<![CDATA[ JUSTICES: Journal of Law Vol. 4 No. 1 (2025): Progressive and Critical Law Review ]]>
Publisher : <![CDATA[Perkumpulan Dosen Fakultas Agama Islam Indramayu ]]>
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DOI: 10.58355/justices.v4i1.141
<![CDATA[Freedom of opinion and expression is a universally recognized human right, including in the context of social media. However, the development of digital technology and social media has created new challenges regarding the limitation and protection of this right. This article aims to examine the protection of human rights to freedom of opinion and expression on social media and to identify legitimate limitations under international and national legal frameworks. Using a normative legal approach, this study highlights applicable legal principles and relevant regulations at the national level. The results of the study indicate that although freedom of expression is guaranteed, measures are needed to protect public interests, such as national security, public reporting, and the rights of others. It is recommended that governments and social media platforms adopt a balanced policy in managing content, in order to protect freedom of expression without neglecting the rights and safety of other users.]]>
