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Journal of Law Justice
Published by Universitas Muhammadiyah Sorong
ISSN : -     EISSN : 3025972X     DOI : DOI: https://doi.org/10.33506/jlj
Core Subject : Education, Social,
Law, Crime, Criminology & Criminal Justice Social Sciences Other
Journal of Law Justice (JLJ) is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business Law, International law, Criminal law, and Civil law. All papers are peer-reviewed by at least two referees
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 56 Documents
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Handling Children Who Commit Crimes Under the Criminal Justice System Hadi Tuasikal; Asmuruf, Johana
Journal of Law Justice (JLJ) Vol 2 No 2 (2024): Journal of Law Justice
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v2i2.3414

Abstract

The purpose of this study is to find out how the handling of criminal acts committed by minors based on the juvenile justice system. Using normative legal research methods, it is concluded: 1. In the Criminal Code, there are two kinds of elements, namely objective elements and subjective elements. The objective element is the element related to the situation, which is the state in which the actions of the perpetrator must be carried out, while the subjective element is the element inherent in the perpetrator or related to the perpetrator. The subjective element of a criminal act is intentional or accidental (dolus or culpa); purpose or intention on an experiment or poging as referred to in Article 53 paragraph 1 of the Criminal Code. The objective element of a criminal act is the unlawful nature or wederrechtelijkheid; the quality of the perpetrator, for example "the state of being a public servant" in a crime of office according to Article 415 of the Criminal Code or "the state of being an administrator or commissioner of a limited liability company" in a crime according to Article 398 of the Criminal Code; and causality, which is the relationship between an action as a cause and a reality as an effect. 2. Every minor who commits the crime of murder has different legal sanctions than adults who commit murder. Article 3 letter f of Law Number 11 of 2012 states that every child in the criminal justice process has the right not to be sentenced to death or life imprisonment, only subject to diversion efforts aimed at achieving peace between victims and children, resolving cases outside the judicial process, preventing children from being deprived of independence, encouraging the community to participate and instilling a sense of responsibility to children,  and job training in prisons for minors.
The Role of Correctional Institutions in the Development of Prisoners to Prevent Recidivism of Crimes in Sorong City Rahul Pieter S. Yapen; Hidaya, Wahab Aznul; Muharuddin, Muharuddin
Journal of Law Justice (JLJ) Vol. 2 No. 3 (2024): Journal of Law Justice
Publisher : Faculty of Law, Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v2i3.3354

Abstract

Abstract : Correctional Institution Class II B Sorong is very functional in fostering recidive inmates where in the system of implementing correctional guidance is very necessary participation or participation of the Community, both by cooperating in fostering and being willing to accept back recidive inmates who have completed serving their sentences. This research is an empirical-normative research that prioritizes the results of interviews. The types of data used by the author are primary data and secondary data. The data collection techniques used are literature and field research in the form of interviews. Data analysis used in this research is descriptive-qualitative analysis, namely describing the juridical review of the coaching of recidive prisoners. The coaching of recidive prisoners at the Class II B Sorong Correctional Institution has 3 stages, namely, the initial stage includes the admission stage, orientation and independence coaching stage, from the coaching stage carried out by the Class II B Sorong Correctional Institution is in accordance with Law Number 12 of 1995 concerning Corrections or renewal of Law Number 22 of 2022 concerning Corrections. It's just that the implementation has not been carried out optimally due to several things, among others: lack of correctional officers in the field of religion, lack of health workers, and no surveillance cameras (CCTV), as well as inadequate facilities and infrastructure at the Class II B Sorong Correctional Institution. To the Correctional Institution Class II B Sorong to add Correctional officers and increase cooperation with agencies that can assist in carrying out the guidance of recidive prisoners so that in the future it will be even better.
Formulation of Regional Regulations Based on Laws and Regulations Tuasikal, Hadi; Homer, Yan Piet
Journal of Law Justice (JLJ) Vol. 2 No. 3 (2024): Journal of Law Justice
Publisher : Faculty of Law, Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v2i3.3413

Abstract

This study aims to analyze the principles, procedures, and authorities in the formation of Local Regulations (Perda) by local governments in Indonesia in accordance with the mandate of the 1945 Constitution of the Republic of Indonesia and Law Number 32 of 2004. Based on these provisions, local regulations are important instruments that support the implementation of regional autonomy, where the local government and the Regional People's Representative Council (DPRD) jointly have the legislative authority to formulate local regulations that regulate regional household affairs and the interests of local communities. The research method used is normative juridical with a literature approach, examining primary legal sources such as laws and regulations, as well as secondary literature from relevant journals and articles. The results show that local regulations are formed through joint approval between the DPRD and the regional head, taking into account philosophical, juridical, and sociological foundations that reflect the values of Pancasila and applicable legal norms. The novelty of this research is the emphasis on the importance of the DPRD's control function over the implementation of Perda and APBD, as well as the identification of various challenges in the regional legislative process that are sometimes affected by local political constraints. In conclusion, local regulations play a significant role in supporting regional autonomy, but must be designed so that they do not conflict with the public interest and higher regulations.
Criminological Review Of Article 365 Kuhp On The Crime Of Theft Accompanied By Violence In Sorong City Ramadhan, Syahrul; Sokhib Naim; Hasriyanti Hasriyanti
Journal of Law Justice (JLJ) Vol. 2 No. 3 (2024): Journal of Law Justice
Publisher : Faculty of Law, Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v2i3.3481

Abstract

This study aims to identify the factors causing the crime of theft accompanied by violence in the Sorong City Police area and analyze the countermeasures made by the police against these cases, in accordance with Article 365 of the Criminal Code.The research method used is empirical method by collecting primary data from the field and secondary data from relevant written legal materials. The results showed that factors such as economy, environment, education, alcohol (Miras), unemployment, association, and victim negligence significantly contributed to the increase in cases of theft accompanied by violence in the area. Countermeasures carried out by the police include preventive strategies such as blupatroli, socialization through Bhabinkamtibmas, and strengthening the environmental security system. In addition, repressive efforts involving rigorous investigation and prosecution are also applied in accordance with applicable legal provisions to handle these cases.
Analysis of Credit Guarantee Binding with Power of Attorney to Enforce Mortgage Rights Nadya Apriliani; Simanjuntak, Kristi Warista
Journal of Law Justice (JLJ) Vol. 2 No. 3 (2024): Journal of Law Justice
Publisher : Faculty of Law, Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v2i3.3493

Abstract

This study aims to determine the legal consequences of binding credit collateral with a Power of Attorney to Enforce Mortgage Rights (SKMHT) and to find out the legal remedies that can be taken by creditors against collateral bound by SKMHT if the debtor defaults. This research was conducted using juridical-normative research with data obtained from legal materials and library materials which were then analyzed using qualitative methods. The results obtained from this research include, among others, the encumbrance of Mortgage Rights through SKMHT must be upgraded to APHT in accordance with the laws and regulations. If it is not done, the SKMHT is declared null and void and the creditor's position is not as a preferred creditor who has the right to execute the collateral object if the debtor defaults, but there are exceptions to the type of micro business credit binding that is classified as productive in Ministerial Regulation Number 22 of 2017, while the legal efforts that can be taken by creditors through litigation and non-litigation channels to obtain a legally enforceable judge's decision to be able to carry out the execution or sale process under the hands of the creditor
Implementation of Complete Systematic Land Registration (PTSL) for Customary Land in Sorong Regency Andi Sandi; Masrifatun Mahmudah
Journal of Law Justice (JLJ) Vol. 2 No. 3 (2024): Journal of Law Justice
Publisher : Faculty of Law, Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v2i3.3639

Abstract

This research aims to analyze the implementation of the Complete Systematic Land Registration (PTSL) Program on customary land in Sorong Regency, West Papua, as well as the challenges faced by the local National Land Agency (BPN) in increasing public legal awareness of the importance of land registration. The research method used is empirical research method, which collects data through interviews, observation, and documentation. Primary data was obtained from interviews with indigenous people and the BPN, while secondary data came from relevant legal literature. The results show that the implementation of PTSL in Sorong Regency is still not optimal, especially in rural areas such as Wonosobo Village. Many indigenous people do not understand the benefits and objectives of land registration, so the program does not receive a positive response. This problem is exacerbated by geographical challenges, limited BPN human resources, and community distrust of the land certification process. As a result, many customary lands are unregistered and vulnerable to being taken by third parties, such as plantation companies, with minimal compensation. In conclusion, the implementation of PTSL in Sorong has not succeeded in achieving its goal of providing legal certainty and protection for customary landowners. Additional efforts are needed from BPN Sorong to improve equitable socialization and provide a clear understanding to the community on the importance of customary land registration as an effort to reduce potential land disputes in the future.
Strategies and Dynamics of Online Fraud in Indonesia: Tracing the Effectiveness of the Implementation of the Electronic and Transaction Information Act Syahril, Muh. Akbar Fhad; Aris, Ardiyanti
Journal of Law Justice (JLJ) Vol. 2 No. 3 (2024): Journal of Law Justice
Publisher : Faculty of Law, Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v2i3.3711

Abstract

This study explores the implementation of the Electronic Information and Transaction Law (UU ITE) in handling online fraud cases in Indonesia, using normative-empirical legal methods. Although the UU ITE provides a comprehensive legal framework, its effectiveness is hampered by challenges in proving and tracing perpetrators, limited resources and technology in law enforcement agencies, and the complexity of cross-border cases. The data shows a significant increase in online fraud cases from 115,756 reports in 2021 to 130,000 victims in 2022. This research highlights the importance of a holistic approach that includes improving regulations, increasing the capacity of law enforcement, strengthening international cooperation, and increasing people's digital literacy. In addition, the development of artificial intelligence (AI) technology and a multi-stakeholder approach were identified as important strategies in the prevention and early detection of online fraud. Recommendations, including the revision of the UU ITE to accommodate technological developments and harmonization with the Criminal Code, are expected to improve the success of handling online fraud cases and create a safer digital environment in Indonesia.
Policy and Improving the Quality of Public Services in the Era of Regional Autonomy Uly Fatana; Rusni Mayang Sari; M Yusuf Wirawan
Journal of Law Justice (JLJ) Vol 3 No 1 (2025): Journal of Law Justice
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v3i1.3581

Abstract

Policy and improving the quality of public services are crucial issues in the context of regional autonomy in Indonesia. In the era of regional autonomy, regional governments have broader authority in managing and providing public services to the community. The aim of this research is to analyze the factors that influence the effectiveness of improving the quality of public services and how efforts are made to improve the quality of public services. The research method used is a normative juridical approach to identify best practices and uses secondary data, namely data obtained from. The research results show that the human resource factor of the apparatus is often considered the most important obstacle in the delivery of public services and efforts to improve the quality of public services can be carried out through revitalization, restructuring and deregulation activities in the field of public services. The implication of these findings is the importance of implementing policies that support active community involvement as well as transparent and accountable management in an effort to increase community satisfaction and trust in public services provided by local governments.
Juridical Review of Mortgage Enforcement on Ships and Its Legal Effects Abas, Usman; Marthin, Sahertian; Kariadi, Kariadi
Journal of Law Justice (JLJ) Vol 3 No 1 (2025): Journal of Law Justice
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v3i1.3794

Abstract

This study aims to determine what is the legal basis of collateral in general and ship mortgages in particular and legal consequences in this case obstacles in the execution of ship mortgages as collateral for debt repayment due to default. The research method used is Empirical Juridical, which analyzes the procedure for installing a ship mortgage as an object of debt collateral from the aspects of civil law, trade law, Law No. 4 of 1996 concerning Mortgage Rights and especially the legal basis for ship mortgages based on Law No. 17 of 2008 concerning Shipping materially ship mortgages as property guarantees or immovable objects which are treaty legal relationships that have legal consequences in fulfilling the rights and obligations of the parties. In addition, what are the legal consequences in the event of default by the debtor to the creditor (Banking Institution). This research was conducted at the Sorong Class I Harbor Authority and took information from the head of the ship's legal status section as a resource person. This data is analyzed in the form of a qualitative description. Problems in executing a mortgage against debt collateral due to default are the creditor as the owner of the ship has difficulty when wanting to take over, because the ship is always moving and its existence often moves even outside the territory of Indonesia, the cost of taking over the ship to be executed is quite high and when executed the ship is being rented by another party.
Al-Mawardi’s Leadership Concept and Its Relevance to Indonesian Democracy Kharisma Elok; Hafizd, Jefik; Mohamad Rana
Journal of Law Justice (JLJ) Vol 3 No 1 (2025): Journal of Law Justice
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v3i1.3607

Abstract

This study analyzes Al-Mawardi’s concept of leadership as presented in Al-Ahkam al-Sultaniyyah and evaluates its relevance to Indonesia’s democratic system. Al-Mawardi emphasizes that a leader must possess justice, wisdom, courage, and a strong sense of responsibility in carrying out leadership duties. He also highlights the importance of law enforcement, public welfare, and the appointment of competent officials as the foundation of a stable government. This research employs a library research method with a qualitative descriptive approach. The primary source is Al-Mawardi’s work, analyzed alongside relevant literature on fiqh siyasah and Indonesia’s governance system. The findings indicate that several of Al-Mawardi’s leadership principles, such as justice, public welfare, and the supremacy of law, align with the values of Pancasila and the principles of democracy in Indonesia. However, fundamental differences exist in the selection mechanism of leaders, the authority of institutions involved, and the process of dismissing a head of state. Al-Mawardi’s concept prioritizes legitimacy based on religious and individual expertise, whereas Indonesia’s democratic system emphasizes public participation and structured institutions. In conclusion, Al-Mawardi’s thoughts remain relevant as a conceptual reference for developing leadership that upholds justice and prioritizes public interest. However, their application in a modern democratic system requires reinterpretation to align with Indonesia’s evolving political and legal dynamics.

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