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Law and Justice
Published by Universitas Muhammadiyah Surakarta
ISSN : 25498282     EISSN : -     DOI : https://www.doi.org/10.23917/laj
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Law and Justice is a peer-reviewed journal. That is published biannually and managed by Faculty of Law Universitas Muhammadiyah Surakarta, which is intended as a medium of communication, information and legal science development. This journal contains studies in the field of law which are the results of research in the field of law directed to promote transcendental values, nationalism values, democratic values and Pancasila. The scopes of Law and Justice, but not limited to are legal Studies, Constitutional Law, Criminal Law, Civil Law, Islamic Law, Environmental Law, Human Rights, International Law, and also interconnection studies with Legal Studies.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 61 Documents
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Erdogan's Foreign Policy Against Kurds in Syria: A Turkish Military and Political Strategy Setiawati, Diana; Enno Haya Gladya Naranta
Law and Justice Vol. 7 No. 1 (2022): Law and Justice
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v7i1.583

Abstract

The situation in the Middle East is complicated by the need for Turkey to formulate a new military and political strategy . Relations between the Kurds and Turkey since the collapse of the Ottoman caliphate have been strained by the Kurds' desire for autonomous power. Until now, Kurds are still struggling to gain this legitimacy and are transforming into radical and separatist groups. Turkey under Erdogan's leadership underwent political reform from secular to democratic Islam. This includes changing Turkey's strategy to deal with Kurdish militias in Syria because Kurdish militias in Syria are considered dangerous by forming the PKK. The PKK occupies Syria's border with Turkey, so Erdogan devised a special military and political- strategic framework to stem the power of Kurdish militias. Since Turkey was ruled by Recep Tayyip Erdogan, Turkey's foreign policy has used the concept of "strategic depth" which is essential "zero problems with neighbors".  Turkey in the Erdogan era tries to represent a modern and Muslim country that encourages democracy and social justice. This affected the perspective and strategy of Turkey being used to paralyze the Kurds. In the political strategy, Turkey conducts relations with various state and non-state actors to be able to exert influence at the international level. This research aims to know how Erdogan’s foreign policy against Kurd in Syria. This research method is using normative legal research with data analyzing using case approach. This research will explain on; a) The conflict between Turkey and Kurds, b) Characteristics of Erdogan's Government, c) Turkey's Involvement in the Syrian Conflict. This research finding will be the discussion analysis on Turkey's Military and Political Strategy against Kurds in Syria and Implications of Military and Political Strategy.
Contemporary International Treaties Seen From the Principles of Maqasid Ash-Shariah Nugraha, Amal Teguh
Law and Justice Vol. 7 No. 1 (2022): Law and Justice
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v7i1.604

Abstract

Along with the times, the pattern of human interaction continues to evolve. Finally the human communication penetrates the boundaries of nation and state. The pattern which forms the inevitable urgency produces an International Treaties. However, an international treaty in Islam could be accepted if it is in line with Islamic Law, then it is processed into Maqasid Ash-Shariah. This research includes two important issues, ''Islamic relation and global society" and "the existence of Maqashid principles in contemporary International Treaties". This research is normative juridical legal research. It used a conceptual approach, comparative and statutory. From this discussion, it is concluded that the contemporary international treaties mostly contains Maqasid Asy-sharia principles, even a product of an international agreement can be accepted even though the agreement was not initiated by an Islamic country or Muslims.
Civil Law Analysis of Application for Change of Name at Rembang District Court Pungki, Nanda Ayu; Rizda Sabti Yulnita; Dian Latifiani
Law and Justice Vol. 7 No. 1 (2022): Law and Justice
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v7i1.606

Abstract

The State of Indonesia is a state of law which is regulated in Article 1 paragraph 3 of the 1945 Constitution. One of the implementations of legal products is the settlement of disputes or problems that are contrary to the law by courts. In this study, we want to examine the problem of the application for a name change in the District Court according to the facts that occurred in Rembang. This study uses a qualitative approach which makes observations directly to the field to find the truth value related to the research. The results of the study found that along with the times, the application for change of name was very much found in people’s lives. But the fact is that many people are still confused about the name change application process. The purpose of this study is to find the problems in the application case encountered when wanting to change the name and provide information about the procedures related to submitting a name change application at Rembang District Court based on court principles to achieve certainty, benefit, and legal justice
Vagueness in Law 35 of 2009 Regarding Narcotics Abuse That Makes Overcapacity Prisons Muhammad Meidil Putra; Miguna, Miguna Astuti
Law and Justice Vol. 7 No. 1 (2022): Law and Justice
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v7i1.624

Abstract

Regulations on narcotics crimes themselves have been regulated in the Narcotics Law number 35 of 2009 but still the number of narcotics abuse in Indonesia continues to increase. Although there are regulations that regulate the prohibition of drug abuse, the author is interested in researching the number of users who are sentenced to prison terms, why is rehabilitation not carried out, but more are sentenced to prison. There are several articles in the law, there is a vagueness that can be interpreted as a vagueness of different interpretations from law enforcers who have the power to impose punishment on law breakers, with the existence of this vagueness, the giving of the law is different even though in the case of which have the same resemblance. The research uses normative legal research methods. In the technique of collecting data in solving this problem, it is carried out using library research techniques, which are then analyzed qualitatively. With the form of the sound of the articles in the Narcotics Law, it can have an impact that can have a full or overcrowded impact, which is the current condition in prisons and detention centers, and results in the implementation of coaching not going well. With the updated legal form, it will provide a parser from the complexities of enforcement and enforcement of narcotics abusers.
Environmental Protection Based on Islamic Law and Epistemology in Indonesia Sunardi; Trias Hernanda; Naili Azizah; Dian Rosita
Law and Justice Vol. 8 No. 1 (2023): Law and Justice
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v8i1.635

Abstract

Indonesia is the largest Muslim country in Southeast Asia. However, this does not guarantee that the implementation of a diverse Islamic life can run well, environmental damage is an example. As a result of the environmental damage, seasonal disasters always hit Indonesia. Based on Islamic epistemology, environmental damage is proof that environmental protection is not going well. If an understanding of Islam is really carried out properly, then humans will protect nature as if they take care of themselves, so the purpose of this study is to reveal the role of the meaning of Islamic epistemology in providing an understanding of environmental protection. This type of research uses normative legal research, namely legal research conducted based on statutory regulations and library materials. Related to this type of research, the approach used in this paper is a conceptual approach to law and a historical approach. The final result of this research is the role of understanding Islamic epistemology in helping environmental protection is very real and useful if it is understood more deeply and applied properly
Law Enforcement Through Social Media Pressure Abdul Azis
Law and Justice Vol. 7 No. 1 (2022): Law and Justice
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v7i1.654

Abstract

Problems related to efforts to apply the law from the past have seized the attention of the Indonesian people because they are considered a very important phenomenon because it has the potential to have significant implications for Indonesian law which is basically still widely misused by legal practitioners. If viewed from the perspective of legal policy formulation that is correlated with various legal institutions at various levels, the performance of the work shown is categorized as not yet ideal and has not been able to realize the actual target of implementing the law. This encourages people to often express their disappointment through social media. From information and dissemination of social media news, it often develops into public opinion which in the language of social media communication is often called “viral news” which sometimes leads to the encouragement of law enforcement to act no longer because of law enforcement efforts but has become the fulfillment of public satisfaction and tends to ignore legal norms. Social media has made people sometimes change their image in the hope of getting sympathy and favorable public opinion for them so that it often becomes hyperreality, not reality anymore. Hyperreality is a form and state where you cannot distinguish between reality and fantasy. Through this paper, the researcher tries to do mini research through the socio-legal method where through this method the author seeks to explore further and at the same time explore law enforcement by not only based on the study of legal norms or doctrines, but also trying to see the full context of norms and their application. This study is solely aimed at providing an overview to the justice-seeking community that in the midst of uncertainty and rampant politicization of law enforcement, social media can be used as a force of coercion (pressure) as a means of law enforcement with justice.
Environmental Disputes Without Protection Of Strict Liability Principles: Again, Law On Job Creation Kusuma, Lalu Aria Nata
Law and Justice Vol. 7 No. 1 (2022): Law and Justice
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v7i1.699

Abstract

The 1945 Constitution of the Republic of Indonesia in Article 28 H paragraph 1 states that a good and healthy environment is a human right and a constitutional right for every Indonesian citizen. The form of environmental protection is then accommodated, one of which is Article 88 of Law Number 32 of 2009 concerning Environmental Protection and Management (UU PPLH) through the Strict Liability principle or what is called absolute liability for every party who pollutes and destroys the environment caused by Hazardous and Toxic Materials (B3) and waste of Hazardous and Toxic Materials without the need to prove of the element of fault first. However, after the enactment of Law Number 11 of 2020 concerning Job Creation, absolute liability for perpetrators of environmental destruction was lost because the phrase “without the need to prove of an element of fault” was abolished so that accountability was based on mistakes (liability based on fault). The purpose of this study is to determine the impact of eliminating the principle of strict liability in the settlement of environmental disputes in Indonesia. The research method used is normative legal research using statutory, conceptual, and case approaches. Based on the results of the study, it shows that the abolition of strict liability in the Environmental Protection and Management Law will burden victims in environmental disputes, especially ordinary people, to ask for accountability because of the complexity of proving the element of error in industrial activities that use high technology and are related to Hazardous and Toxic Materials (ultrahazardous activity dan abnormally dangerous).   Keywords: Job Creation, Liability Based on Fault, Environmental Dispute, Strict Liability
Cryptocurrencies as Digital Payment Media: Opportunities and Challenges Denny Denny; Hari Sutra Disemadi
Law and Justice Vol. 7 No. 2 (2022): Law and Justice
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v7i2.743

Abstract

Cryptocurrency is a centralised network currency system that can connect users without intermediaries or third parties such as banks or governments. Countries globally have different attitudes in drafting regulations regarding cryptocurrencies; some accept, reject, or are neutral. The application of cryptocurrency as a payment medium has not yet been regulated in Indonesian legal jurisdiction. However, cryptocurrencies have various opportunities that can positively impact the country's economy. Indonesia must face various challenges in implementing cryptocurrency as payment. This study examines the opportunities and challenges of implementing cryptocurrency as a payment medium by using a responsive legal theory review. The study was carried out using doctrinal research methods. Indonesia's cryptocurrencies currently do not have a lex specialist (particular regulation). However, the application of cryptocurrency as a payment medium can increase e-commerce transactions, have a payment system with high confidentiality and security, and fast, precise, and low-cost transactions. The challenges that must be implemented are developing institutions and legal constitutions that regulate cryptocurrencies as a payment medium, developing blockchain systems and their application in cellular technology.
Metaverse Regulation Formulation In Indonesian Cyber Law Ridwan Ridwan; Ainun Wulandari; Syamsuddin
Law and Justice Vol. 7 No. 2 (2022): Law and Justice
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v7i2.757

Abstract

Research Purpose: The purpose of this study is to describe and understand the formulation of the Metaverse regulation for actions prohibited in the ITE Law in the concept of cyber law and to examine how the legal conditions and developments in Indonesia respond to the presence of Metaverse. Method: The research method used is a normative legal research method using several approaches, namely: 1) Conceptual approach; 2) Statute approach; and 3) Comparative approach. Findings: The findings of the study show that the condition of human civilization is currently advancing rapidly, this refers to the ease of accessing every line of life through the use of technology. To anticipate and monitor every aspect of life that occurs in the cyber realm, the concept of Cyber Law is present in ensuring legal protection for the community as technology users. The presence of metavers needs to be anticipated by designing or updating legal products that will become a reference in protecting citizens as subjects who are active in the Metavers era. Function: The function of the study is to examines the formulation of the Metaverse regulation of actions prohibited in the ITE Law in the cyber legal framework. Novelty: This research is important considering that there are no previous studies that examine the concept of cyber law in looking at the influence of the existence of Metaverse on actions prohibited in the ITE Law. In addition, considering the importance of carrying out legal protection for every activity that occurs in the Metaverse era in an effort to develop cyber law in Indonesia in the future.
Disaster Mitigation Policy by The Government Of Bima In Realizing A Disaster Resilient City Firmanto, Taufik; Ridwan; Gufran; Andi, Andi
Law and Justice Vol. 7 No. 1 (2022): Law and Justice
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v7i1.758

Abstract

The purpose of this research is to describe the local government policies in realizing Bima as a Disaster Resilient City and to describe the form of disaster mitigation policies by the Bima government in realizing a Disaster Resilient City. Research method of this research is normative-empirical legal research (Mix Methods), using a statutory approach (Statute Approach), and a conceptual approach, the type of data used is secondary data and is supported by primary data. The result shows that the disaster mitigation policy efforts developed by the Bima City government are in the form of Structural (Physical) Mitigation, drainage systems, retention dams, construction of retaining dams, making check dams, dams, earthquake-resistant house river embankments. Non-Structural (Non-Physical) Mitigation legislation, training, socialization. The policy forms of the Bima Government indicate that a Regional Regulation is made which includes the establishment of development policies that pose a risk of disaster, disaster prevention activities, emergency response and rehabilitation. In addition, other policies are 7 priority Regional Resilience Index (IKD) and 71 Regional Resilience Index Indicators in 2020/2021. The usefulness of this research is academically, this research is expected to be useful for further researchers as well as the development of legal science in the future, practically, this research is expected to be a reference for further researchers and the Government in particular in studying how disaster mitigation policy arrangements by Bima Government in order to realize Disaster Resilient City. The authenticity of this research lies in the regulation of disaster mitigation policies, as far as the authors search that the policies carried out by the City government already exist, but in the post-disaster period, those who have conducted research on other objects. Therefore, it is considered important to do research.

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