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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 49 Documents
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Legal Analysis of Child Custody Rights Based on District Court Decision (Study of Decision No. 108/Pdt.G/2023/PN.Son) Luhukay, Marlino Novlyson; Hasriyanti Hasriyanti
Journal of Law Justice (JLJ) Vol 3 No 2 (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.v3i2.4448

Abstract

This study aims to understand the regulations regarding child custody under civil law and to analyze child custody after divorce based on the decision of the Sorong District Court with number 108/Pdt.G/2023/Pn.Son. This study uses an empirical legal research method, which combines literature study with direct interviews. Primary legal sources include interviews with relevant parties and applicable laws and regulations, while secondary legal sources are obtained from relevant academic articles. Data collection was conducted through interviews, and data analysis was performed qualitatively to gain a deeper understanding of the legal issues under study. The novelty of this research lies in its focus on analyzing the decision of the Sorong District Court Number 108/Pdt.G/2023/Pn.Son, which provides an assessment of child custody rights after divorce in the broader context of civil law. The results of the study show that although the Civil Code does not explicitly regulate child custody after divorce, the substance of the law emphasizes that children are entitled to fair treatment from both parents, both mother and father. The implementation of custody in the Sorong District Court decision was rejected by the Panel of Judges, taking into account various relevant legal factors. Based on the analysis of the decision, it can be concluded that the Panel of Judges carefully considered all legal aspects and facts of the trial. Custody of the child was granted to the biological mother (Defendant) because there was insufficient evidence to prove negligence in parenting. This decision is in line with Article 45(1) of the Marriage Law and the jurisprudence of the Supreme Court, which prioritizes the best interests of the child in custody arrangements following divorce.
The Criminal Pre-Trial System from a Human Rights Perspective Ananda Nasirah; Hadi Tuasikal; A. Sakti R.S. Rakia
Journal of Law Justice (JLJ) Vol 3 No 2 (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.v3i2.4507

Abstract

The purpose of this research is to examine how the pretrial criminal system supervises and evaluates the legality of actions taken by law enforcement officials from a human rights perspective and to identify the factors influencing the pretrial system. The method used in this study is normative legal research with a legislative approach, analyzing laws and regulations related to the pretrial process. The novelty of this research lies in the pretrial system, which has not been extensively studied due to the arbitrariness of law enforcement officials, as well as an analysis of the implementation of regulations related to pretrial matters. The findings of this study indicate that the pretrial system has the authority to examine evidence and act proactively; in this case, the pretrial can identify abuses of process or violations of human rights at an early stage. This procedure aims to protect the human rights of innocent individuals. The pretrial system also serves to control actions by law enforcement officials that are contrary to human rights. However, there are factors that influence the pretrial criminal system in exercising its authority, which include aspects of substantive law, legal officials, and social society. These aspects are interconnected and cannot be separated. In conclusion, despite the factors influencing the pretrial criminal system, the presence of pretrial proceedings as a means to protect human rights can enhance oversight and accountability in the pretrial process to prevent abuse of power.
Legal Protection for Women as Victims of Domestic Violence Natalia Putri Dobonsolo; Hadi Tuasikal; Dwi Pratiwi Markus
Journal of Law Justice (JLJ) Vol 3 No 3 (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.v3i3.3899

Abstract

This study aims to explore and understand how legal protection is provided to women victims of domestic violence (DV) and the forms of DV that affect women. The method used in this study is empirical legal analysis, which is descriptive and analytical in nature, with an interview approach involving five sources who have direct experience in cases of domestic violence. The novelty of this study lies in its focus on the factors that support and trigger domestic violence involving women, as well as an in-depth analysis of the legal protection provided to victims. The results of the study show that victims of domestic violence experience various forms of violence, including physical, sexual, psychological, economic, verbal, and spiritual abuse, which are influenced by factors such as patriarchal culture, misguided religious understanding, and personal problems within the household such as infidelity and economic difficulties. The conclusion of this study is that although legal protection for female victims of domestic violence already exists, there are still many factors that hinder its effective implementation, particularly those related to social stigma, legal ignorance, and limited access to legal and psychosocial services.
Settlement of Inheritance Distribution According to Mare Customary Law in Maybrat Regency Marselus Nauw; Muhammad Ali; Hasriyanti, Hasriyanti
Journal of Law Justice (JLJ) Vol 3 No 3 (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.v3i3.4399

Abstract

This study aims to analyze the inheritance distribution system according to the customary law of the Mare Tribe in Maybrat Regency, Southwest Papua, with a focus on the role of the kinship system and the principle of inheritance based on lineage. The method used in this study is an empirical approach with data collection through interviews and document studies. Primary data was obtained from interviews with local indigenous communities and regional officials, while secondary data was collected through literature studies covering regional regulations, books, and relevant scientific articles. Data analysis was conducted qualitatively using descriptive methods to describe the practice of inheritance distribution in the Mare tribe community. The novelty of this research lies in its in-depth focus on the customary inheritance distribution system in Southwest Papua, particularly in the Mare District, which still maintains the tradition of primogeniture and the Tua Marga principle. This system shows that the first child of the family, especially the male, has the primary right to inheritance consisting of land and natural resources. This study also reveals the importance of the patrilineal kinship system in determining heirs and the dominant role of men in the management of inheritance. The results show that the inheritance system in the Mare tribe community still adheres to old traditions, where the distribution of inheritance is carried out from generation to generation, taking into account the position of Tua Marga as the main heir. However, this system also allows women to inherit property under certain circumstances, such as when there are no male children in the family. The conclusion of this study is that the customary law of the Mare tribe remains relevant in regulating the distribution of inheritance, taking into account social status in the lineage and the role of men in the management of inherited property.
Legal Protection for Wives Who Are Victims of Domestic Violence John Titus Ohoiner
Journal of Law Justice (JLJ) Vol 3 No 3 (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.v3i3.4021

Abstract

This study aims to analyze the legal handling of wives as victims of domestic violence based on Law Number 23 of 2004 as lex specialis, as well as general criminal law provisions as lex generalis. Cases of domestic violence have shown a significant increase, including data reports and handling by the Women and Children Protection Unit of the Sorong City Police and the Sorong City Women's Empowerment and Child Protection Agency, which are authorized to conduct mediation. The research method used is empirical jurisprudence, combining literature study and field data to describe the form of legal protection and the effectiveness of its enforcement. The novelty of this research lies in mapping the patterns of handling domestic violence against wives in Sorong City by providing a comparative analysis between the application of Law 23/2004 and general criminal law, as well as linking it to the most dominant triggering factors, such as promiscuous behavior and excessive alcohol consumption. The results of this study show that although the legal framework has established clear protections, its implementation has not been optimal due to weak law enforcement and a lack of public education. The role of the government, particularly in legal counseling and prevention, has proven to be very influential in reducing the rate of violence. The conclusion of this study emphasizes that Law No. 23/2004 must be enforced consistently and firmly so that the protection of wives as victims can be effective and have a deterrent effect on perpetrators. Preventive efforts through education and social supervision also need to be strengthened to minimize domestic violence.
Legal Review of Criminal Acts of Motor Vehicle Theft Accompanied by Violence Marseli R.A Lama Tokan
Journal of Law Justice (JLJ) Vol 3 No 3 (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.v3i3.3830

Abstract

This study aims to analyze the factors causing theft accompanied by abuse and to assess the effectiveness of countermeasures taken by the Sorong City Police. The research method used is a combination of normative and empirical legal research, utilizing primary data obtained through interviews at the Sorong City Police Station and secondary data in the form of laws, regulations, literature, and related documents. The novelty of this research lies in the integration of juridical analysis and empirical findings related to the characteristics of theft cases accompanied by violence in the Sorong area, as well as how the pattern of cooperation between the police and the community can form a community-based prevention mechanism. The results of the study show that the increase in cases of theft with abuse is generally triggered by economic factors, lack of environmental supervision, and open opportunities for crime. Cases are handled through the collection of evidence, examination of witnesses who clearly saw the incident, and tracing the chronology to fulfill the elements of a criminal offense as stipulated in Articles 362–367 of the Criminal Code and Articles 351–355 of the Criminal Code. On the other hand, prevention efforts have not been fully optimal due to limited police resources and minimal community involvement. In conclusion, theft accompanied by abuse can be reduced through increased socialization of crime prevention, strengthening of neighborhood security systems such as neighborhood watch posts, and strategic collaboration between the Sorong City Police and the community to build collective awareness and reduce opportunities for crime.
Restorative Approach in Family Conflict Resolution Through ADR Process Fany Kambu; Rakia, A. Sakti R.S.; Yati, Sri; Muh Akdharisa SJ
Journal of Law Justice (JLJ) Vol 3 No 3 (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.v3i3.4458

Abstract

This study aims to analyze the effectiveness of restorative approaches in resolving family conflicts through Alternative Dispute Resolution (ADR) mechanisms and to identify factors that support and hinder their implementation at the community level. The methods used in this research are empirical legal methods that combine primary data obtained through interviews with relevant parties such as mediators, community leaders, and families involved in disputes as well as secondary and tertiary data obtained through literature studies. All data are analyzed qualitatively using a deductive approach. The novelty of this research lies in the integration of justice-based restorative principles with Indonesian socio-cultural values, particularly the concept of deliberation to reach consensus as the basis for resolving family conflicts outside of court. The findings show that the restorative approach in ADR is able to provide a more humanistic alternative to resolution because it emphasizes relationship restoration, equal dialogue, and social balance. Processes such as mediation, negotiation, and conciliation have been proven to be in line with local cultural values and effective in reducing conflict escalation and the potential for violence within families. However, implementation in the field still faces a number of obstacles, including low public literacy regarding ADR, the influence of patriarchal culture that weakens the position of women, the limited number of professional mediators, and the complexity of emotional aspects and child protection. The conclusion is that the restorative approach through ADR has significant potential as a sustainable solution in resolving family conflicts. Its effectiveness depends on strengthening the capacity of community-based mediators, increasing public legal awareness, and drafting regulations that are more responsive to the needs of non-litigious family dispute resolution.
Police Authority Abuse Against Freedom of Expression: Case of Band Sukatani’s Intimidation Rizky Wardana; Iqbal Arysepta Imam Mahbi; Nabila Annisa Fuzain
Journal of Law Justice (JLJ) Vol 3 No 3 (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.v3i3.4532

Abstract

This study aims to examine the abuse of authority by police officers against Band Sukatani's freedom of expression and analyze efforts to strengthen police institutions in preventing the recurrence of similar abuses of authority. The research method used is normative legal research with a legislative approach, a case approach, and an analytical approach to assess the conformity of the officers' actions with the applicable positive law provisions. The novelty of this research lies in its analytical focus on the case of intimidation of musicians as a form of restriction of freedom of expression carried out through institutional power mechanisms, thus providing a new perspective on systemic threats to the constitutional rights of citizens through the practices of law enforcement officials. The results of the study show that the actions of the police against the Sukatani Band were not based on criminal procedural law and did not reflect compliance with the principle of due process of law. This abuse of authority confirms the weaknesses in the internal and external oversight systems of the police and demonstrates the need for reform of the accountability mechanisms within the police institution. In addition, the study found that strengthening police institutions can be done by increasing the effectiveness of oversight functions by internal institutions such as Propam and external institutions such as Kompolnas, accompanied by the strict application of ethical and criminal sanctions against violators. The study concludes that preventing the abuse of authority by police officers requires a combination of strong oversight, institutional transparency, and consistent enforcement of sanctions so that police professionalism can be realized and citizens' right to freedom of expression can be protected.
Protection for Women with Disabilities Who Are Victims of Sexual Violence Wahyuni, Wahyuni; Muharuddin , Muharuddin
Journal of Law Justice (JLJ) Vol 3 No 3 (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.v3i3.4847

Abstract

This study aims to examine the legal protection provided to women with disabilities who are victims of sexual violence in Sorong City and to identify various obstacles encountered in the implementation of such protection. This study uses an empirical legal method with data obtained through literature studies and interviews, which are then analyzed using an empirical legal approach to the implementation of protection for women with disabilities who are victims of sexual violence in Sorong City. The novelty of this study lies in its focus on the implementation of legal protection for women with disabilities who are victims of sexual violence in Sorong City. The results of the study show that (1) legal protection for women with disabilities who are victims of sexual violence in Sorong City is not yet optimal. There are no specific regulations at the local level that specifically regulate persons with disabilities. Although protection services for victims are available, their implementation is still limited. (2) Some of the obstacles faced include a lack of professionals such as psychologists and specialized interpreters, difficulties for victims in providing consistent statements, and a lack of preparedness among law enforcement officials in handling cases where the victim is a person with disabilities. The study's conclusions on legal protection for persons with disabilities who are victims of sexual violence in Sorong City indicate that there have been significant efforts by the government and related institutions. Although there is a legal framework that guarantees the rights of persons with disabilities, such as Law No. 8 of 2016, implementation in the field is still hampered by a lack of training for law enforcement officers, as well as a lack of supporting resources such as professional personnel and communication aids.

Page 5 of 5 | Total Record : 49

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