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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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Marriage Validation and Child Marriage: Analysis of the Effectiveness of Law Number 16 of 2019 Muhammad Kasim; Muhammad Ali; Hasriyanti Hasriyanti
Journal of Law Justice (JLJ) Vol 4 No 1 (2026): Journal of Law Justice
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v4i1.4948

Abstract

This study aims to determine the mechanism of itsbat nikah (marriage validation) for underage marriages conducted without a marriage dispensation based on Law Number 16 of 2019 and to formulate effective and implementable legal solutions in handling cases of child marriage without dispensation through the itsbat nikah mechanism. Method This research was conducted using an empirical juridical approach, which combines various legal sources and materials. The primary legal sources used include interview results and statutory provisions. Meanwhile, secondary legal sources were obtained from relevant scientific articles. Data was collected through interviews and then analyzed qualitatively to gain a deeper understanding of the legal issues under review. The novelty of this research is that it analyzes the mechanism of isbat nikah without dispensation and underage marriage without dispensation. The results of the study show that even though underage marriage without dispensation is a violation of laws and regulations, the court still provides room for marriage validation under certain conditions. The conclusion of the study is that more massive legal socialization from the government and the active role of all parties are needed to prevent the practice of child marriage that does not comply with procedures.
Analysis of Legal Protection for Tokopedia Consumer Data in Data Leakage Cases in Indonesia La Sirajuddin; Dwi Pratiwi Markus
Journal of Law Justice (JLJ) Vol 4 No 1 (2026): Journal of Law Justice
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v4i1.5199

Abstract

The aim of this study is to examine the strength of legal protection for Tokopedia customers' personal data following the leak of 91 million accounts in May 2020, as well as to explain Tokopedia's obligations and responsibilities as a data controller under PDP Law 27/2022, UUPK 8/1999, ITE Law 11/2008, PP 71/2019, and the breach of contract provisions of Article 1234 of the Civil Code. This study uses a normative legal approach, which involves examining written regulations through laws, scientific journals, and official reports from the Ministry of Communication and Information Technology, then analyzing them conceptually and comparing them to assess legal certainty, fairness, and benefits for the community. The novelty of this research lies in combining classical civil law (breach of contract in the Civil Code) with new regulations in the PDP Law to assess Tokopedia's responsibility as a private PSE in the case of the leak of 91 million accounts, something that is still rarely discussed comprehensively in Indonesian literature. The results of the study show that the rules on personal data protection are actually quite strong on paper, but their implementation is still weak because Tokopedia has not maximized its assessment of data protection, encryption, and incident reporting; the public's level of understanding of their personal data rights is still low; and the government's response has only been in the form of warnings, so there is still the possibility of administrative sanctions, fines, or criminal penalties being imposed based on the PDP Law and the ITE Law. The conclusion of the study emphasizes the need to strengthen personal data protection through mandatory information security standards such as ISO 27001, the application of the principle of privacy by design from the outset of system design, the provision of features (dashboards) for rapid data deletion, increased public education, and better coordination between Kominfo, OJK, and the PDP Council so that e-commerce transactions in Indonesia are safer for hundreds of millions of users.
Legal Analysis of the Validity of Child Witnesses in Premeditated Murder Cases (Study of Decision No. 50/Pid.B/2023/PN Son) Tris Seminarty Malamassam; Muhammad Arif
Journal of Law Justice (JLJ) Vol 4 No 1 (2026): Journal of Law Justice
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v4i1.3980

Abstract

The research aims to analyze (1) the legal validity of child witness testimony under Indonesian criminal procedure law, and (2) judicial considerations in Decision Number 50/Pid.B/2023/PN Son. This research employs an empirical (socio-legal) approach with a case study method. Primary data were obtained through interviews with legal practitioners, while secondary data consisted of court decisions, statutory regulations, and relevant legal literature. Data were collected through interviews and document analysis and analyzed qualitatively to assess the consistency between legal norms and judicial application. The novelty of this study lies in its integrated analysis of the conflict between Article 168 of the Indonesian Criminal Procedure Code (KUHAP), which limits testimony from family members, and its flexible application in judicial practice, particularly in cases involving child witnesses in premeditated murder. This study also contributes by combining evidentiary theory and psychological credibility analysis in assessing child testimony. The findings reveal that child witness testimony, although formally limited due to age and familial relationship, can still be considered valid when supported by corroborative evidence such as forensic reports and expert testimony. The court implicitly applied a substantive approach prioritizing material truth over rigid procedural formalism. However, judicial reasoning lacks systematic legal justification, particularly in explaining exceptions to evidentiary rules and the weight of each piece of evidence. In conclusion, the admissibility of child witnesses in criminal proceedings is not solely determined by formal legal requirements but also by their probative value and consistency with other evidence. Strengthening judicial reasoning is necessary to ensure both substantive justice and normative legitimacy in criminal adjudication.
The Validity of Internships Without a Written Agreement in the MSIB Program at the Indonesian House of Representatives Qisi Yulia Lestari; Sokhib Naim
Journal of Law Justice (JLJ) Vol 4 No 1 (2026): Journal of Law Justice
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v4i1.5335

Abstract

This study aims to analyze the validity of internships conducted without a written agreement, as well as the legal consequences for students participating in the 7th Cohort of the Certified Internship and Independent Study Program (MSIB) at the House of Representatives of the Republic of Indonesia (DPR RI), based on Minister of Manpower Regulation No. 6 of 2020 concerning the Implementation of Domestic Internships. This study employs an empirical legal method with a qualitative approach, through an analysis of legislation as secondary data supplemented by primary data in the form of observations and interviews with internship participants. The novelty of this study lies in the analysis of internship practices in state institutions, which have rarely been examined from a labor law perspective, as well as in the empirical findings regarding the absence of written internship agreements in the MSIB program. The research results indicate that internships not based on a written agreement do not meet the formal requirements as stipulated in Minister of Manpower Regulation No. 6 of 2020, and thus cannot be deemed legally valid. Although there is a substantive agreement between the parties, the absence of a written document results in weak legal certainty and legal protection for interns, particularly regarding proof and the fulfillment of rights. Furthermore, pursuant to Article 10 (3) of Minister of Manpower Regulation No. 6 of 2020, such conditions have the potential to change the status of internship participants to that of employees at the relevant institution, which is clearly highly detrimental to the institution organizing the internship. This study concludes that conducting internships without a written agreement violates applicable legal provisions and results in inadequate legal protection for MSIB student participants. Therefore, organizing institutions must comply with the requirement to draft written internship agreements to ensure legal certainty and protection for internship participants.
Penal Policy Dilemma: Child Drug Couriers in Indonesia’s Juvenile Justice System Novieyan Yahya; Putri Haliza Yuniar; Kadi Sukarna; Zaenal Arifin
Journal of Law Justice (JLJ) Vol 4 No 1 (2026): Journal of Law Justice
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v4i1.5428

Abstract

This study aims to analyze the role and patterns of adolescent involvement as drug couriers in Sumbawa Barat Regency, identify the factors influencing adolescents' vulnerability within drug trafficking networks, and assess the effectiveness of law enforcement and prevention strategies implemented from the perspective of child protection and the juvenile justice system. The method of research used is a qualitative approach with a case study strategy thru in-depth interviews with law enforcement officers, field observations, and the study of official documents related to narcotics cases involving adolescents. The novelty of this research lies in its specific focus on examining the position of adolescents as drug couriers in the Sumbawa Barat Regency, which has been minimally studied in the literature on juvenile criminal law in Indonesia. The study's results indicate that law enforcement against juvenile drug couriers still faces various obstacles, including legal procedures that are not yet fully child-friendly, weak rehabilitative orientation, and lack of coordination between law enforcement agencies and rehabilitation institutions. This study concludes that there is a need to strengthen the capacity of law enforcement officers, optimize rehabilitation programs, and consistently apply preventive and restorative approaches so that the handling of drug cases involving adolescents is not only repressive but also capable of sustainably reducing the involvement of adolescents in drug trafficking.
The Legal Consequences of Divorce Due to Apostasy on Child Custody from the Perspective of Islamic Law and Indonesian Positive Law Rivaldo, Teguh; Hasriyanti, Hasriyanti; Muhammad Asykur Muchtar
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.v2i3.3442

Abstract

Penelitian ini bertujuan untuk menganalisis akibat hukum perceraian karena murtad terhadap hak asuh anak (hadhanah) serta mengkaji pertimbangan hakim dalam penyelesaiannya di Pengadilan Agama. Metode yang digunakan adalah penelitian hukum normatif dengan pendekatan perundang-undangan dan studi kasus pada Putusan Nomor 0117/Pdt.G/2016/PA.Prgi. Kebaruan penelitian ini terletak pada integrasi antara perspektif hukum Islam, hukum positif, dan praktik peradilan dalam menentukan hak asuh anak pada kasus perceraian karena murtad. Hasil penelitian menunjukkan bahwa murtad tidak serta-merta menjadi alasan perceraian dalam hukum positif Indonesia tanpa adanya ketidakrukunan rumah tangga. Dalam hal hadhanah, hakim lebih mengutamakan kepentingan terbaik bagi anak dibandingkan faktor agama semata. Hak asuh anak yang belum mumayyiz dapat tetap diberikan kepada ibu meskipun murtad, dengan pembatasan tertentu guna menjaga perkembangan akidah anak. Penelitian ini menyimpulkan bahwa akibat hukum perceraian karena murtad tidak hanya berdampak pada putusnya perkawinan, tetapi juga melibatkan pertimbangan kompleks terkait perlindungan anak yang mengedepankan prinsip kemaslahatan.

Page 6 of 6 | Total Record : 56

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