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Faculty of Law, Muhammadiyah University, Jl. Sultan Alauddin No.259, Gn. Sari, Kec. Rappocini, Kota Makassar, Sulawesi Selatan 90221
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INDONESIA
Jurnal Restorative
Published by Universitas Muhammadiyah Makassar
ISSN : -     EISSN : -     DOI : -
Core Subject : Economy, Humanities, Social,
Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
Jurnal Restorative fokus pada penerbitan artikel penelitian hukum dan artikel ilmiah terkait maslah hukum pidana, perdata dan administrasi dalam ruang lingkup hukum bisnis
Arjuna Subject : Ilmu Sosial - Hukum
Articles 44 Documents
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WANPRESTASI DALAM HUKUM PERJANJIAN DAN UTANG DALAM HUKUM KEPAILITAN Ribi, Hikmawati; Zakiah, Zakiah
Restorative Journal Vol 1, No 2 (2024): Restorative Journal
Publisher : Muhammadiyah Makassar University

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ABSTRACT The phenomenon of resolving defaults on the basis of perceived debt using bankruptcy law mechanisms has become widespread. It is not uncommon for the bankrupt respondent to deliberately default in order to retaliate against the opposing party who has defaulted previously. This journal's research points to the concept of default in contract law that can be fully applied to the concept of debt in bankruptcy law.Research using normative legal research methods through statutory approaches, case approaches, comparative approaches and conceptual approaches. Analysis of legal materials is carried out using an exploratory qualitative approach using interpretive, systematic, evaluative, constructive and argumentative techniques.The research results show that not all defaults can be categorized as debts in bankruptcy, except if the achievements in question are achievements in the field of business activities/trade debts. Defaults are only responsible for creditors who have made an agreement, but in bankruptcy law, they must be looked at and the resolution will involve all other creditors as well. Keywords: Law, Default, Bankruptcy.
ANALISIS HUKUM TERHADAP KASUS KELEBIHAN BAYAR ANGSURAN DALAM PERJANJIAN KREDIT Syamsuri, Andi Santri; Hayyong, Muhammad Al
Restorative Journal Vol 1, No 2 (2024): Restorative Journal
Publisher : Muhammadiyah Makassar University

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ABSTRACTThis research aims to determine the efforts to resolve defaults carried out by Bank M Makassar Branch and the juridical implications of bills that are overcharged by the bank. This research is normative legal research, namely a legal research method that functions to research the formation of law and the application of law in society. To obtain data, library research was carried out to find out the basics of the applicable law and then compare it with its application obtained through interviews with respondents. All data is then described and analyzed qualitatively. Based on the research results, the overpayment of credit installments at Bank M Makassar Branch in its implementation is an action that should not be collected by the Bank. First, this is based on acts of default that were previously carried out by the Bank regarding the existing agreement between the parties. The default was caused by a difference in implementation between what was agreed and what was implemented, namely the Bank's negligence in determining the credit installment period so that it became longer. Second, the juridical implications of bills being overcharged mean that payments will not be owed for 24 months. Payments that are not owed are the rights of the Indebted Party which must be returned.Keywords: Breach Of Contract, Credit Agreement, Bank.
ANALISIS KRIMINOLOGI TINDAKAN BRUTAL GENG MOTOR BERDASARKAN TEORI ASOSIASI DIFERENSIAL Maulana Ruslan, Muhammad Ibnu; Rukman, Auliah Andika
Restorative Journal Vol 2, No 1 (2024): Restorative Journal
Publisher : Muhammadiyah Makassar University

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ABSTRACKThis research examines the brutal behavior of motorcycle gangs based on the perspective of differential association theory. The brutal behavior exhibited by members of motorcycle gangs is a social phenomenon that has become a serious concern in today's society. The brutal actions of motorcycle gangs encompass various crimes that lead to criminal prosecution. This phenomenon has a tangible impact on society as a whole.The study employs a normative juridical method by examining library materials or secondary data as the primary basis for research. This involves reviewing regulations and literature related to the issues being studied.The results indicate that the brutal behavior of motorcycle gangs, according to differential association theory, occurs due to two factors: 1. External Factors, and 2. Internal Factors. The brutal actions carried out by motorcycle gangs today are due to the perpetrators learning these brutal acts, which are categorized as crimes, as a result of interactions with crime, and this behavior is learned in various ways.Keywords: Motorcycle Gangs, Criminology, Differential Association Theory. 
PENEGAKAN HUKUMAN DISIPLIN DAN SANKSI PIDANA TERHADAP APARATUR SIPIL NEGARA YANG MELANGGAR ASAS NETRALITAS DALAM MASA PEMILIHAN UMUM Rahman, Muhammad Ikhwan; Muchsin, Putri Rofifah Nabila
Restorative Journal Vol 1, No 2 (2024): Restorative Journal
Publisher : Muhammadiyah Makassar University

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ABSTRACT                General Elections are a manifestation of people's sovereignty in order to produce a democratic government. which is stated in the 1945 Constitution of the Republic of Indonesia Article 22E. Article 22E of the 1945 Constitution of the Republic of Indonesia states that general elections are held directly, publicly, freely, secretly, honestly and fairly once every five years. General elections are held to elect members of the People's Representative Council, Regional Representative Council, President and vice president and Regional People's Representative Council.                In the implementation of elections as regulated in Law 7 of 2017 concerning General Elections, things and limitations are certainly regulated in the implementation of general elections and one of the main concerns in implementing election laws and other regulations is related to the neutrality of the State Civil Apparatus. (called ASN) as state administrators.                The approach method used is juridical-normative, with a dogmatic type of research, a descriptive research form of legal relations. The specifications of this research are descriptive-analytical. The data collection method used was the library research method by examining the document and library materials used in this research.                In the event that an alleged election violation occurs, it has been regulated in detail and clearly in the Republic of Indonesia General Election Supervisory Agency Regulation Number 7 of 2022 concerning Handling of Findings and Reports of General Election Violations, if the alleged violation by the State Civil Service is related to a violation of the code of ethics then the recommendation can be continued to the State Civil Apparatus Commission (KASN) by the Election Supervisory Agency, while election crimes were handed over to the court after carrying out a series of processes at the Integrated Law Enforcement Center (Gakkumdu) which consists of three agencies, namely Bawaslu, Police and Prosecutor's Office. Keywords: Election, Neutrality of ASN in Elections
KENAKALAN ANAK (JUVENILE DELINQUENCY) DITINJAU DARI KRIMINOLOGI (PERSPEKTIF TEORI ANOMIE) Ruslan, Muhammad Ibnu Maulana; Maulana, Muhammad
Restorative Journal Vol 1, No 2 (2024): Restorative Journal
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AbstrackThis research examines juvenile delinquency from the perspective of anomie theory. Juvenile delinquency is a social phenomenon of serious concern in modern society. It encompasses various deviant behaviors committed by individuals who have not reached adulthood. This phenomenon has significant impacts not only on the individuals involved but also on society as a whole.The study employs a normative juridical method by examining literature or secondary data as the basis for research, conducting searches on regulations and literature related to the issues under investigation.The results indicate that the emergence of juvenile delinquency from the perspective of anomie theory can occur because a child responds to the discrepancy between what they expect in a high social life and the limitations of the resources they have. Other contributing factors may also originate from internal and external factors. Some of these factors include: a. Lack of education for children, b. Lack of parental role, c. Instability in social, political, and economic conditions, and d. Moral decline in children.Keywords: Juvenile delinquency, Criminology, Anomie Theory
The failure of the government to undermine the rights of the citizens in the general elections Afdhal, Afdhal
Restorative Journal Vol 1, No 2 (2024): Restorative Journal
Publisher : Muhammadiyah Makassar University

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AbstractThe government in this case a State official with authority in the exercise of government administrative powers is obliged to act neutrally and not permitted for Abuse of authority or abuse of power or in French called the detournement de pouvoir is one of the acts of deviation of the body / office of administration based on the principle of exces de pouvoir (beyond the limits of power) in the concept of rechtsstaat.State officials who want to campaign and conduct campaigns are obliged to apply for leave and not use state facilities so as not to become potential abuse of authority in their duties.A State official who has an interest in campaigning and gives promises to the people is not an agreement so it cannot be categorized as a failure. But when a State official that violates the electoral rules and conduct a campaign using state facilities is considered to be detrimental to the state's finances as described in Constitutional Court Law Recital No. 25/UUXIV/2016Keyword: Government; Campaign; Abuse Of Authority; Benefit Loss;
DEMOKRASI PANCASILA SEBAGAI POLITIK JALAN TENGAH INDONESIA Anshari, Anshari
Restorative Journal Vol 1, No 2 (2024): Restorative Journal
Publisher : Muhammadiyah Makassar University

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ABSTRACTAs a state ideology, Pancasila must be the source of the order of life in the nation. In this case, the meaning of ideology itself is the science of ideas (the science of ideas). We can clearly see from this kind of understanding that Pancasila is an alternative or bridge that connects diversity into a fundamental value and can be integrated into any values, whether related to religion, customs and others. The presence of Pancasila Democracy is a middle way that needs to be approached wisely in order to realize unity between the various ethnic and cultural backgrounds of Indonesian society. In the basic context of the formulation or formation of national law, the existence of Pancasila democracy is no different from the existence of Pancasila itself as a state ideology whose values must be manifested in the legal sub-system or norms that apply in Indonesian society, whether related to political, economic, social norms. culture, public policy, especially in the form of legislation.Keywords: Pancasila, Democracy, Legal System, Indonesia
PELINDUNGAN DATA PRIBADI TERHADAP PENGGUNA FINTECH LENDING DI INDONESIA Muin, Indriani; Suhra, Amalia
Restorative Journal Vol 1, No 2 (2024): Restorative Journal
Publisher : Muhammadiyah Makassar University

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Considering the potential impacts and risks arising from the lack of comprehensive regulation of fintech growth in Indonesia by the government, it is important to pay attention to and regulate consumer protection effectively within the fintech ecosystem. Two significant risks if consumer protection is neglected are privacy and data security breaches, as well as data misuse. Hence, data security and personal information issues are increasingly becoming concerns since such data may contain information involving individuals' privacy rights.The aim of this study is to understand and analyze the development of Fintech Lending in Indonesia and the Protection of Personal Data for Fintech Lending Users. The method employed is normative research, analyzing legal sources as secondary data. The research findings indicate that the current development of Fintech Lending in Indonesia involves 101 companies, comprising 94 conventional providers and 7 Sharia-compliant providers. Fintech Lending users are advised to be more vigilant in keeping pace with technological advancements and developments. Keywords: Fintech lending, Data ProtectionFintech lending, Data Protection 
URGENSI LOGO HALAL PADA PLATFORM MAKANAN DI INDONESIA Syamsuri, Andi Santri; Ribi, Himawati; AL-Hayyong, Muhammad
Restorative Journal Vol 2, No 1 (2024): Restorative Journal
Publisher : Muhammadiyah Makassar University

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ABSTRACTThis article describes the importance of halal logos on food exhibitions on e-commerce platforms such as GoFood, GrabFood and ShopeeFood in Indonesia. Through surveys and literature analysis, it was found that the halal logo plays a significant role in building consumer confidence and influencing purchasing decisions. The findings indicate that e-commerce platforms need to display the halal logo clearly to increase consumer confidence and guarantee the validity of the products sold. This descriptive study explains the importance of the halal logo on food sold on the Internet on food platforms so that it can be consumed by Muslims in Indonesia. Qualitative research using research literature refers to the issue and importance of certification or halal logo on food and from the results of previous research related to the problem discussed. This discussion suggests that the halal logo plays an important role in the food e-commerce platform. With increasing consumer awareness and strict regulation, it is important for entrepreneurs to ensure that their products are certified legal and that such information is clearly communicated to consumers. Collaborative efforts between governments, entrepreneurs, and e-commerce platforms are essential to building an ecosystem that supports halal products.Keywords: Urgency, Halal Logo, Food Platform, Indonesia 
IMPLEMENTASI KEBIJAKAN HUKUM SERTIFIKASI HALAL PADA USAHA KECIL DAN MENENGAH DI INDONESIA Rukman, Auliah Andika; Suhra, Andi Amalia; Elviana, Elviana
Restorative Journal Vol 1, No 2 (2024): Restorative Journal
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ABSTRACT                  This research will examine the implementation of halal certification legal policies for Micro and Small Business actors in Indonesia. Currently, to be able to compete in the national market and global market, the need for halal guarantees for Micro and Small Business products is very much needed, especially in Indonesia, which is a Muslim-majority country, of course. Product standards must be based on Islamic law, the law also requires that all products located in the territory of the Unitary State of the Republic of Indonesia must obtain a halal certificate. This research uses a normative juridical method with a descriptive approach to analyze various literature, regulations and government policies related to Halal Certification for micro and small businesses. The research results show that with clear regulations and mechanisms in place, it is hoped that the implementation of this halal certification policy can provide legal certainty, security and comfort for consumers in using halal products, as well as encourage improvements in product quality and halalness for business actors, including micro and small businesses.

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