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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 91 Documents
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Head of State Liability for International Crimes ICC Prosecution of Duterte for Crimes Against Humanity. Ghanar, Muhammad
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.v4i4.196

Abstract

This research aims to analyze the liability of former heads of state for international crimes, focusing on the International Criminal Court’s (ICC) prosecution of Rodrigo Duterte for crimes against humanity. Using normative juridical methods with a case study approach, this paper examines the applicability of international criminal law principles, particularly individual accountability, complementarity, and jurisdiction, in Duterte’s case. The study emphasizes that despite the Philippines' withdrawal from the Rome Statute in 2019, the ICC retains jurisdiction over crimes committed while the country was a State Party. The research concludes that the ICC’s issuance of an arrest warrant for Duterte on March 11, 2025, affirms that former heads of state are not immune from prosecution for grave international crimes. This case sets a significant precedent in Southeast Asia and demonstrates the importance of international cooperation to overcome challenges related to state sovereignty and jurisdiction. It further highlights the ICC's critical role in upholding the rule of law and providing justice for victims of human rights violations
Citizen Lawsuit: A Tool for Public Control over the Fulfillment of Constitutional and Human Rights Valencia, Yola; Gina Cahyani Zamri; Firli Adilla Sari; Jihan Alyani Dirayati
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.v4i4.201

Abstract

A citizen lawsuit is a legal instrument that allows individuals or groups to hold the government accountable for actions or policies deemed to violate human and constitutional rights. In the Indonesian legal system, although not explicitly regulated by law, this practice has developed through court decisions and the active role of civil society in demanding justice. This article aims to analyze the status, function, and urgency of strengthening the citizen lawsuit mechanism in defending public rights violated by the state. The method used is a normative juridical approach, examining legal literature, court decisions, and relevant regulations from the past five years. The results of the study indicate that citizen lawsuits not only serve as a means of correcting government policies but also play a crucial role in strengthening the principles of the rule of law, accountability, and participatory democracy.
The Complexities between Nominee and Legal Heir : Bangladesh Context Tamanna, Tamanna-E-Nur
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.v4i4.205

Abstract

In Bangladesh, the idea of a nominee and nomination has actually been existing for centuries. Despite its extensive background, it is regrettable that the Act does not contain a uniform and unambiguous clause pertaining to a nominee's legal status. There is some ambiguity because of the intricate interactions and discrepancies between judicial rulings and legislative measures. In the lack of clear legislative direction, the court's discretion is typically used to resolve problems pertaining to the nominee's legal standing. The ultimate result is deprivation of rights of legal heirs in banking sector, capital market and everywhere. Instead of having constitutional safeguard the lacking of uniform law creates ambiguity to obtain rights in effective way. To ensure justice the Government should scrutinize the matter properly and should develop a suitable system in everywhere where the nominee and legal heir dispute arises.
Implementation of the Principle of Justice for Crime Victims in the Criminal Procedure Process in Indonesia Based on the Perspective of Natural Law Philosophy Fahrizal S.Siagian
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.v4i4.215

Abstract

The implementation of the principle of justice for crime victims in the criminal justice process is a crucial issue in efforts to reform criminal law in Indonesia. The perspective of Natural Law Philosophy provides a strong normative foundation through the idea that every human being has natural rights that must be respected by the state, including the right of victims to obtain just redress. This study examines the extent to which Natural Law principles, such as moral justice, respect for human dignity, and balance of rights, are reflected in policies and practices for protecting crime victims. The method used is a normative juridical approach through analysis of relevant laws and regulations, doctrines, and court decisions. The results of the study indicate that although positive legal instruments such as the Witness and Victim Protection Law, provisions on restitution and compensation, and assistance mechanisms have accommodated victims' rights, their implementation remains inadequate. Barriers arise in the form of limited access, minimal understanding among law enforcement officials, and suboptimal service providers. These imperfections create a gap between the ideals of natural justice and positive sentencing practices. This research emphasizes the need to prioritize reformulating sentencing policies that are more oriented toward victim recovery so that the Indonesian legal system aligns with the universal values of Natural Law Philosophy and is able to deliver substantive justice in every law enforcement process.
Disharmony of Regional Regulation Number 27 of 2004 in Relation to Law Number 12 of 2011 Veri Ananda Putri Laili Rohmatillah; Fatimatus Zahro; Lovika Augusta
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.v4i4.216

Abstract

This research aims to analyze the disharmony of Regional Regulations (Perda) with higher legislative regulations and to seek solutions to address these issues. The research method used is normative legal research with an approach to analyzing legislative regulations. The results indicate that the disharmony of Perda with legislative regulations can lead to legal conflicts, legal uncertainty, and detriment to society. Therefore, it is necessary to harmonize Perda with higher legislative regulations through the evaluation and revision of incompatible Perda. This study recommends that local governments pay attention to the hierarchy of legislative regulations in the formulation of Perda and enhance the capacity and knowledge of local government officials in the field of law.
Legal Protection for Consumers Harmed by PT Hasanah Magna Safari's Umrah Services Azzahra Amalia Wijaya; Faradila Arrahma; Alfia Rahma Nadhifah; Sabrina Mina Nurrahmah
JUSTICES: Journal of Law Vol. 5 No. 1 (2026): 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.v5i1.175

Abstract

Hajj and Umrah are very important in the lives of Muslims, especially in Indonesia. However, many pilgrims in Indonesia experience several problems, including fraud and negligence from the Umrah service bureau, especially a case involving PT Hasanah Magna Safari which defrauded hundreds of Umrah pilgrims causing losses of up to 14 billion rupiah. This study aims to analyze consumer protection for Umrah pilgrims, by utilizing a normative legal research approach. This study also examines laws and regulations, Law Number 8 of 1999 and Law Number 8 of 2019 concerning the Implementation of Hajj and Umrah. This study focuses on consumer protection by increasing supervision of Hajj services in Indonesia that can protect consumer rights including the rights of Umrah service bureau pilgrims of PT. Hasanah Magna Safari.
Efektivitas The Effectiveness of the Personal Data Protection Act (PDP Act) in Preventing Data Leaks in the Digital Era Ghozi, Ghozi
JUSTICES: Journal of Law Vol. 5 No. 1 (2026): 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.v5i1.194

Abstract

The digital era has facilitated the exchange of information, but at the same time, it has increased the threat of mass personal data leaks. In response, Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) was enacted as the primary legal instrument in Indonesia to safeguard individuals' rights over their data and ensure the accountability of data managers. This study investigates the effectiveness of the PDP Law in preventing data leak incidents across various industries. Using qualitative methods including a literature review and case studies, this paper explores how data protection principles are applied, how law enforcement works, and the challenges faced in implementing the law. Although the PDP Law establishes a comprehensive legal structure, its impact remains limited by factors such as low public awareness, a lack of law enforcement resources, and rapid technological change. Therefore, ongoing collaboration between the government, businesses, and the public is crucial to improve compliance and ensure robust personal data protection in Indonesia.
State Compliance with International Trade Law Muhammad Haidar Ali; Moh Karim
JUSTICES: Journal of Law Vol. 5 No. 1 (2026): 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.v5i1.207

Abstract

International trade law is part of international law. Therefore, various imperfections or weaknesses of international law are also affected in the field of international trade law. This article will explain why the state in conducting international trade needs to comply with international trade law. This article argues that the reason for the states to obey international trade law is due to the belief that obedience will benefit the interests of the country itself. The next reason is that there are fundamental principles within the scope of international treaties, which are the source of law from international trade law, namely the principle of good faith. A state that is bound in the international trade agreement shall implement the provisions of the treaty by contents, soul, purpose, and purpose of the treaty itself, respecting the rights and obligations of each party.
Empowering Local Health Systems through Digital Financial Inclusion: A Qualitative Study of North Sumatra’s Community Clinics Marah, Thomas Sheku
JUSTICES: Journal of Law Vol. 5 No. 1 (2026): 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.v5i1.218

Abstract

The research examines how digital financial inclusion strengthens local health systems in North Sumatra through its effects on community health clinic accessibility, and operational efficiency, and sustainability of puskesmas and independent clinics. A qualitative research method enables this study to explore financial innovation effects on healthcare delivery through interviews and field observations with health administrators, and local fintech actors, and OJK-affiliated institutions. The research will identify how mobile payment systems and microfinancing, and digital banking platforms operate to maintain business operations and support healthcare funding at the community level. The research identifies three main barriers to financial innovation in healthcare which include digital literacy issues and regulatory challenges. Inadequate infrastructure while suggesting practical solutions for OJK and regional governments to enhance financial innovation in healthcare. The paper supports Indonesia's Sustainable Development Vision 2045 by presenting policy discussions which unite financial access with regional health system development.
Criminalization of the Private Sector (Bribery in the Private Sector) in Overcoming Gratification Against Doctors in Medical Services David Raja Pangihutan; Madiasa Ablisar; Marlina, Marlina; Syarifah Lisa Andriati
JUSTICES: Journal of Law Vol. 5 No. 1 (2026): 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.v5i1.219

Abstract

Article 28 H paragraph (1) of the 1945 Constitution of the Republic of Indonesia confirms that everyone has the right to obtain health services. Then in Chapter XIV Article 33 paragraph (1) emphasizes that the economy is structured as a joint effort based on the principle of kinship. Paragraph (2) emphasizes that the earth, water and natural resources contained therein are controlled by the state and used as much as possible for the prosperity of the people. Furthermore, Article 34 paragraph (1) confirms that the poor and neglected children are cared for by the State, paragraph (2) confirms that the State develops a social security system for all people and empowers the weak and underprivileged with human dignity, paragraph (3) states that the state is responsible responsible for providing adequate health services and public facilities. In the Era of Reform and the challenges of globalization, people's demands for the availability of health services that are fast, precise, sophisticated, high quality and enjoyable and at affordable costs can truly be felt by the community. Health is a human right, where everyone has the right to a decent life, which includes good health.

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