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JUSTICES: Journal of Law
Published by Perkumpulan Dosen Fakultas Agama Islam Indramayu
ISSN : -     EISSN : 29645107     DOI : https://doi.org/10.58355/justices.v2i1.31
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 85 Documents
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Juridical Analysis of the Application of Data Minimization Principles in Mobile Banking According to the Personal Data Protection Law and EU GDPR 2018 Nyimas Safira Septiana; Sinta Dewi; Laina Rafianti
JUSTICES: Journal of Law Vol. 4 No. 3 (2025): Progressive and Critical Law Review
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58355/justices.v4i3.203

Abstract

Digital transformation in the banking sector has led to the emergence of mobile banking services such as BRImo, owned by PT. Bank Rakyat Indonesia (Persero) Tbk., which offers customers easy financial transactions. However, behind this innovation, complex issues have arisen regarding compliance with the data minimization principle as stipulated in Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) and the 2018 General Data Protection Regulation (GDPR). This research focuses on the compliance of the personal data processing consent mechanism in the BRImo application with the data minimization principle, as well as the legal consequences of non-compliance with this principle. The research was conducted using a normative juridical approach through a review of relevant laws, doctrines, and legal literature, as well as a sociological juridical approach. The results show that BRImo's non-compliance with the data minimization principle is reflected in the practice of bundled consent without granular options, minimal transparency regarding data purposes and retention, and limited user control to revoke or modify consent. This shifts data consent from a substantial function to a mere administrative formality, ultimately leading to potential criminal and administrative sanctions and reputational risks for service providers. Corrective measures require the implementation of granular consent, interactive privacy dashboards, strict data retention policies, the appointment of a Data Protection Officer (DPO), and internal education to ensure lawful, fair, and proportionate data processing.
An Analytical Study of Contract Termination Options in Afghan Law Aminullah Shayeq; Saifuddin Jahed
JUSTICES: Journal of Law Vol. 4 No. 3 (2025): Progressive and Critical Law Review
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58355/justices.v4i3.204

Abstract

Contract termination options (Khiyarat) represent one of the most significant aspects of civil law, granting the contracting parties the legal right to unilaterally rescind a contract under specific and legally prescribed conditions. This legal mechanism is designed to uphold justice within contractual relations and to prevent potential harm resulting from misalignment between the contract's terms and the true intent or circumstances of the parties involved. The relevance of examining Khiyar in the legal system of Afghanistan has grown increasingly critical, particularly in light of ongoing legal reforms and the imperative to enhance legal certainty in civil contracts. The present article aims to provide a comprehensive and scholarly analysis of contract termination options as regulated under the Afghan Civil Code, with specific reference to the principles of Hanafi jurisprudence. By elucidating the various types of Khiyar, their conditions of applicability, legal consequences, and relevant judicial practice, this study identifies existing legislative gaps and proposes legal reforms to improve coherence and practical implementation. The research employs a descriptive-analytical methodology, relying on statutory sources, Islamic jurisprudential texts, and relevant legal scholarship. A comparative analysis is also conducted between Afghan legal provisions and the doctrines of classical Hanafi jurisprudence. Findings indicate that, despite the diverse and extensive presence of Khiyar provisions in Afghan law, ambiguities in definition and inconsistencies with Hanafi jurisprudence pose challenges to their uniform application. Accordingly, the article recommends targeted legal reforms to clarify key concepts and ensure the effective and harmonized enforcement of termination rights, thereby safeguarding contractual justice and enhancing the legal security of transactions.
Analysis of Bad Debt Resolution in Sharia Savings and Loans Cooperatives and Financing Using the Vosviewer Visualization Approach Siti Nur Halizah; Taufiqur Rahman
JUSTICES: Journal of Law Vol. 4 No. 3 (2025): Progressive and Critical Law Review
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58355/justices.v4i3.171

Abstract

This study aims to analyze and demonstrate in detail the process of systematic analysis of bibliographic data using VOSViewer with a literature review study. A detailed analysis process was prepared so that new users can more easily access and utilize VOSViewer. This research provides an evaluation of the information on non-performing loans and their development over ten years (2014-2024) using the mapping tools provided by VOSViewer. The aim is to show how efficient bibliometric analysis is by utilizing network visualization of predefined subjects with a mixed approach. In the data search, 200 relevant journals published between 2019-2024 were found, which were further grouped into 10 categories based on the year of publication. After clustering the journal data, the authors observed that the highest number of publications occurred in 2020-2021. There are many opportunities to explore new things in this topic. Furthermore, it is hoped that this research can be a reference for the author in conducting research and looking for further research topics.
Analysis of the Handling of Election Violations at TPS 19 Waykandis by Bawaslu and Gakkumdu of Bandarlampung City Abdul Halim; Hikmah Nur Azizah; Feni Sundari; Mega Astuti; Windy Adelia
JUSTICES: Journal of Law Vol. 4 No. 3 (2025): Progressive and Critical Law Review
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58355/justices.v4i3.173

Abstract

Handling election violations is the primary responsibility of the Election Supervisory Agency (Bawaslu) in maintaining the integrity of democracy. This study discusses the case registration process of alleged violations at Polling Station (TPS) 19 Waykandis by Bawaslu of Bandarlampung City to the Integrated Law Enforcement Center (Gakkumdu), although the report does not explicitly specify the violation points. The purpose of this study is to analyze the legal and administrative procedures carried out by Bawaslu in handling this case, as well as to assess its implications for the election law enforcement process at the regional level. The research method uses a descriptive qualitative approach with data collection techniques through document studies, semi-structured interviews with related parties, and field observations. The results indicate procedural inconsistencies in the registration of reports that do not include detailed alleged violation points, which potentially cause confusion in the follow-up process by Gakkumdu. This study recommends the need for standardized reporting formats and strengthened coordination among election law enforcement agencies to improve the effectiveness of violation handling.
Synergy between the Rule of Law and Pancasila Democracy in Guaranteeing Human Rights (HAM) Muhammad Salman Marzuq; Anshori
JUSTICES: Journal of Law Vol. 4 No. 3 (2025): Progressive and Critical Law Review
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58355/justices.v4i3.187

Abstract

This journal analyzes the crucial interconnection between the concepts of the rule of law, democracy, and the guarantor of human rights (HAM). In the modern context, these three pillars are seen as fundamental prerequisites for the realization of a just, stable, and prosperous society. The rule of law provides the basis for legality and legal certainty, democracy ensures people's participation and accountability of power, while human rights are the essence and ultimate goal of state administration. This journal will describe how the elements of the rule of law and democracy strengthen each other to create an environment conducive to the protection, advancement, enforcement, and fulfillment of human rights.
Implementation of the Presumption of Innocence Principle in Civil Procedure Law Risa Amara; Putri Anggraeni Muslimah; Nafisa Sukma Dewi; Tegar Harbriyana Putra
JUSTICES: Journal of Law Vol. 4 No. 3 (2025): Progressive and Critical Law Review
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58355/justices.v4i3.199

Abstract

Every individual who is charged, suspected, detained, arrested, or brought before the court must be presumed innocent until a court decision establishes their guilt with permanent legal force. This principle is a fundamental pillar of the modern judicial system to ensure the protection of human rights and procedural fairness for all parties involved in the legal process. This study aims to comprehensively describe the application and regulation of the presumption of innocence principle within the context of civil procedural law, which has thus far received less attention and in-depth discussion compared to criminal law. By adopting a normative juridical approach, this research systematically examines and analyzes legal principles, statutory provisions, and relevant doctrines to clarify the philosophical foundations, historical development, and legal basis that form the primary foundation for protecting the rights of the parties involved in civil procedural law. The focus of this study is especially related to the provisions contained in the Civil Procedure Code and the Civil Code. This approach allows for a deeper and more holistic analysis of the implementation of the presumption of innocence and emphasizes its crucial role in maintaining the balance of interests and justice for all parties throughout the judicial process.
The Function of International Law in Realizing a Just and Peaceful World Order Muhammad Fikri Aljundi; Mabruri Andatu; Ahmad Noor Rizal; Dziedan Alfathir; Nasywa Salma Saidah; Rifa Rihhadatul Aisya
JUSTICES: Journal of Law Vol. 4 No. 3 (2025): Progressive and Critical Law Review
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58355/justices.v4i3.206

Abstract

As global interdependence continues to grow, international law has become a central pillar in maintaining legal order, justice, and global stability. It serves not only as a regulatory framework for state conduct but also as a tool for peaceful dispute resolution, the protection of human rights, and the management of cross-border challenges such as transnational crime and climate change. This study explores the primary functions of international law in fostering a fair and peaceful world order, while also addressing the practical challenges that arise in its domestic implementation particularly those related to sovereignty conflicts and variations in national legal systems. Employing a descriptive qualitative method through literature analysis, this research reveals that the success of international law depends significantly on state commitment, the alignment of national laws with international norms, and the engagement of civil society and global institutions. The findings aim to enrich both academic understanding and policy development in the field of international law, reinforcing its role as a strategic instrument in shaping a more just, cooperative, and sustainable global legal framework.
Regulations Against Human Trafficking: A Comparison of Indonesia and Vietnam Yufa Verlita; Siti Rahayu Ramadhani
JUSTICES: Journal of Law Vol. 4 No. 4 (2025): Progressive and Critical Law Review
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58355/justices.v4i4.174

Abstract

Human trafficking is a complex transnational crime and a serious threat to human rights. This article examines the legal frameworks and countermeasures against human trafficking in Indonesia and Vietnam, focusing on legislation, implementation, and victim protection. In Indonesia, although Law No. 21 of 2007 on the Eradication of the Crime of Human Trafficking and several supporting regulations have been enacted, their implementation still faces challenges, particularly in law enforcement and victim identification. In contrast, Vietnam has taken more progressive steps by incorporating strict criminal sanctions in its Penal Code and enacting Law No. 66/2011/QH12 on the Prevention and Combat of Human Trafficking, which is more operational and holistic. The 2024 amendment to this law and the adoption of a comprehensive national program demonstrate Vietnam’s commitment to aligning domestic policies with international standards. Based on these findings, the article recommends that Indonesia adopt several of Vietnam's best practices, such as strengthening regulations to cover all forms of exploitation, enhancing victim protection mechanisms, and expanding international cooperation. With a more integrated approach, Indonesia is expected to improve the effectiveness of its efforts to combat human trafficking comprehensively.
Legal Protection For Consumers In Unilateral Concert Cancellations (Case Study Of The Ndx Band Concert In Palangkaraya: Bajenta Fest 2024 Event) Dani Lailatul Magviro; R.Anisatul Mukaromah M; Yasid Amali; Kholis
JUSTICES: Journal of Law Vol. 4 No. 4 (2025): Progressive and Critical Law Review
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58355/justices.v4i4.188

Abstract

The entertainment industry, particularly music concerts, has become one of the most popular forms of entertainment among the public. However, in practice, unilateral concert cancellations by organizers often occur and potentially harm consumers as ticket buyers. This research aims to analyze the legal protection provided to consumers in cases of unilateral concert cancellations, using the case study of the NDX Band concert at the Bajenta Fest 2024 event, which was abruptly canceled by the organizer without clear accountability. This study employs a normative juridical method using statutory, conceptual, and case approaches. The data used are secondary data consisting of primary, secondary, and tertiary legal materials. The data analysis is conducted qualitatively by reviewing applicable positive legal norms, such as Law Number 8 of 1999 concerning Consumer Protection, the Indonesian Civil Code (KUHPer), and legal doctrines related to business actors’ liability. The findings indicate that the unilateral cancellation of a concert constitutes a breach of contract, thereby obligating the business actor to provide compensation, restitution, and/or ticket refunds in accordance with Article 4 point (h) and Article 7 point (g) of the Consumer Protection Law. Moreover, the delayed refund process lasting several months without legal certainty demonstrates the weak enforcement of consumer protection in the entertainment sector. Therefore, strengthening regulations and supervisory mechanisms over business actors in the entertainment industry is necessary to ensure the effective protection of consumer rights.
The Role Of International Criminal Court In Command Responsibility Towards Benjamin Netanyahu At Israeli-Palestine Conflict Ivana, Akiko
JUSTICES: Journal of Law Vol. 4 No. 4 (2025): Progressive and Critical Law Review
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58355/justices.v4i4.195

Abstract

The Israel-Palestine conflict remains one of the most protracted and contentious issues in international relations, particularly regarding violations of human rights and international humanitarian law. In this context, the role of the International Criminal Court (ICC) is crucial in upholding the principle of accountability for serious crimes, including those committed by high-ranking state officials. This article aims to analyze the extent to which the ICC can hold Benjamin Netanyahu, the Prime Minister of Israel, criminally responsible under the doctrine of command responsibility for alleged war crimes committed during the Israel-Palestine conflict, especially in the Gaza region. This study adopts a normative-juridical approach by examining the Rome Statute, official ICC documents, and international investigative reports related to the conflict. The findings indicate that the ICC has jurisdiction to investigate alleged war crimes and crimes against humanity in the Palestinian territories following Palestine’s accession to the Rome Statute in 2015. However, political challenges and the lack of cooperation from non-member states such as Israel remain significant obstacles to legal proceedings. Nonetheless, recent developments suggest growing ICC attention to individual accountability, including for senior government officials who may bear command responsibility for military operations resulting in civilian casualties. In conclusion, while the ICC holds potential as a vital instrument for enforcing international justice, its effectiveness is largely dependent on global political support and the consistent, independent cooperation of member states.

Page 8 of 9 | Total Record : 85

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