Justici
Focus and Scope The journal Justici is published by the Faculty of Law at IBA University on a regular basis every 6 months. This journal is a journal with the theme of Law, with the benefits and objectives for the development of Legal Studies, by emphasizing the nature of originality, specificity and the latest articles in each issue. The purpose of this Journal publication is to provide a space to publish thoughts on the results of original research, academics, namely students and lecturers who have never been published in other media. The focus and scope of writing (Focus & Scope) in this Journal focusing on publishing legal scientific articles on the following topics: Constitutional law; Administrative Law; Criminal law; Civil law; International law; Procedural Law; Customary law; Business law; Tourism Law; Environmental law; Law and Society; Information Technology Law and Electronic Transactions; Human Rights Law; Contemporary Law; Islamic law.
Articles
104 Documents
<![CDATA[MEKANISME KERJA SAMA LUAR NEGERI OLEH PEMERINTAH DAERAH ]]>
<![CDATA[Evi Oktarina]]>;
<![CDATA[Putri Sari Nilam Cayo]]>
<![CDATA[ Justici Vol 12 No 2 (2019): Justici ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas IBA Palembang ]]>
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<![CDATA[The mechanism of foreign cooperation by the Regional Government in cooperation in economic, social culture, and other forms of cooperation, namely economic cooperation and social cultural cooperation carried out by the region with foreign parties, including border cooperation by the Regional Government (Province / District / City) bordering the territory of a foreign country. However, this does not apply to fields covered by the Joint Commission. Bilateral Consultation Forum (Bilateral Consultations), Joint Border Committee and Integrated Promotion and Sub-Regional Economic Cooperation (KESR).]]>
<![CDATA[Analisa Hukum Tindak Pidana Gratifikasi Terhadap Hasil Audit Opini Wajar Tanpa Pengecualian (WTP) yang Dilaksanakan Badan Pemeriksa Keuangan (BPK) ]]>
<![CDATA[Diana Novianti]]>
<![CDATA[ Justici Vol 12 No 2 (2019): Justici ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas IBA Palembang ]]>
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<![CDATA[Efforts to safeguard the finances managed by the state, of course there is a need for special institutions that monitor them. Especially in Indonesia, the state institution is the Supreme Audit Board of the Republic of Indonesia (hereinafter abbreviated as BPK). In reality, the purpose of the audit conducted by the BPK in the process of its implementation, there are still found irregularities or crimes. One of the cases that is often associated with the BPK is the existence of gratuities aimed at manipulating the results of unqualified opinion (WTP) audits conducted against government agencies. The formulation of the problem of this research is how the legal process of gratification acts against BPK officials who make the results of WTP opinion audits in the perspective of criminal law and how to preventive measures in preventing acts of gratification against BPK officials who make WTP opinion audit results. The research method used is normative juridical research. The conclusion of this research is the act of gratification against BPK officials who made the results of the WTP opinion audit based on Article 5 paragraph 1 letter a, or Article 5 paragraph 1 letter b, or Article 13 of the Corruption Act and Article 64 KUHP juncto Article 55 paragraph 1 Criminal Code. The recipients of bribes are threatened with a maximum of 3 years imprisonment based on Article 12 letter a, or Article 12 letter b, or article 11 of the Corruption Act and Article 64 KUHP in conjunction with Article 55 paragraph 1 of the Criminal Code. Preventive efforts in preventing gratification of BPK officials who make WTP opinion audit results not only by raising the salaries of their employees but also by increasing the morality of these employees as well as a strict system of reward and punishment, in addition to the superiority of the superior to subordinates. .]]>
<![CDATA[PERLINDUNGAN SAKSI DAN KORBAN MENURUT UNDANG-UNDANG NOMOR 31 TAHUN 2014 ]]>
<![CDATA[Suryani Yusi]]>;
<![CDATA[Renol Ababil]]>
<![CDATA[ Justici Vol 12 No 2 (2019): Justici ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas IBA Palembang ]]>
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<![CDATA[Witnesses and victims are very important in revealing a case in the justice system in Indonesia. The most important issue is crime crime; corruption, narcotics, rape and other cases. But in reality, witnesses and victims get positions in the unfavorable, who feel afraid, or get pressure from certain parties so they choose to be quiet and not report the events they have experienced. Seeing these conditions, as a professional institution, the Witness and Victim Protection Agency (LPSK) carries the responsibility of providing assistance and assistance to witnesses and victims in accordance with their duties and authorities governing Article 12 of Law Number 31 Year 2014.]]>
<![CDATA[PERAN SERTA PEMERINTAH DAN MASYARAKAT DALAM MENCEGAH TINDAK PIDANA PORNOGRAFI ]]>
<![CDATA[Liza Deshaini]]>;
<![CDATA[Kinaria Afriani]]>
<![CDATA[ Justici Vol 12 No 2 (2019): Justici ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas IBA Palembang ]]>
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<![CDATA[The government's participation in the prevention of pornography crimes is cut off the network for making and disseminating pornographic products or pornographic services, including the blocking of pornography through the internet, supervise the making, dissemination and use of pornography and, cooperate and coordinate with various parties, both from within and outside the country, in preventing the creation, dissemination and use of pornography. and the public in the prevention of criminal acts of pornography are reporting violations of this law, filing lawsuits to court, socializing legislation that regulates pornography, and providing guidance to the community on the dangers and impacts of pornography.]]>
<![CDATA[PRAKTIK PENEGAKAN HUKUM PADA TINDAK PIDANA UJARAN KEBENCIAN (HATE SPEECH) ]]>
<![CDATA[Ramanatha Disurya]]>
<![CDATA[ Justici Vol 12 No 2 (2019): Justici ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas IBA Palembang ]]>
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<![CDATA[Speeches of hate that are sent to someone or a certain group of people have stolen a lot of attention lately. Through posting on social media with the utterance of hatred more and more discussed. The purpose of this study is to find out how the practice of law enforcement practices on crimes of hate speech. This research is a type of legal research which is also referred to as empirical legal research. The results of this study are law enforcement of criminal acts related to hate speech must be carried out in accordance with the laws and regulations that have regulated the crime. Enforcement of criminal law is a criminal justice process. In the criminal justice process, law enforcement officers, both the Police, the General Prosecutor, and the Judge must continue to pay attention to the purpose of the law itself, which must pay attention to justice, benefit, and guarantee legal certainty.]]>
<![CDATA[PERSAINGAN USAHA DALAM HUKUM ISLAM ]]>
<![CDATA[Meirina Dewi Pratiwi]]>;
<![CDATA[Erniwati]]>
<![CDATA[ Justici Vol 12 No 2 (2019): Justici ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas IBA Palembang ]]>
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<![CDATA[There are bussiness competition doing by the bussiness performer in bussiness activity. From the benefit side, the competition in bussiness activity is an effective way to reach the optimalization of resources usability. Indonesian bussiness development has brought a lot of conglomerate groups which would also bring the negative effect, such as the low protection to the consument and the small industry. These kind of monopoly thing have become the crucial topic in this country nowadays. If we observe from the Islamic perpective, the small benefits that we got from our bussiness is a lot better than doing the bussiness monopoly things since it is reflected the fairness itself. How is the concept of good Bussiness competition according to the islamic law ? How is the bussiness' code of ethics according to the islamic perspective to create the proper bussiness competition as the purpose of Undang-Undang Tahun 1999 no. 5 ? Market needs to be based on the "limited" freedom and the cooperation. Based on the efficiency principle and environmental preserve, distribution principle. In urgent situation Islam has allowed the market intervention by doing monopoly of law, which objected to three things, such as water, grass, and fir]]>
<![CDATA[PROSEDUR MEDIASI DI PENGADILAN NEGERI DALAM MENYELESAIKAN SENGKETA PERDATA ]]>
<![CDATA[Hj. Jauhariah]]>
<![CDATA[ Justici Vol 12 No 2 (2019): Justici ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas IBA Palembang ]]>
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<![CDATA[The Mediation Procedure in the District Court is as follows: a) After the case is numbered, and the Panel of Judges has been appointed by the Chairperson, then the Panel of Judges determines the mediator for mediation; b) After the parties are present, the Assembly submits the determination of mediation to the mediator and the parties in question; c) Subsequently the mediator advises the litigant parties so that the case ends with a peaceful way by trying to reduce the losses of each litigant party; d) The mediator is on duty for 21 calendar days, successful peace or not on the 22nd day must return to the Assembly which gives the determination.]]>
<![CDATA[PENEGAKAN HUKUM PERSAINGAN USAHA MELALUI PENERAPAN RULE OF REASON PADA KASUS MONOPOLI USAHA ]]>
<![CDATA[Suryati]]>;
<![CDATA[Layang Sardana]]>
<![CDATA[ Justici Vol 12 No 2 (2019): Justici ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas IBA Palembang ]]>
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<![CDATA[Article 1 of Law Number 5 Year 2009 concerning Prohibition of Monopolistic Practices and Unfair Business Competition provides a definition of monopoly as "Mastery of production and or marketing of goods and or for the use of certain services by one business actor or a group of business actors". The purpose of this study is to see how enforcement of business competition law through the application of real-reason in the case of monopoly. The method used in this study is normative legal research. The results of this study are generally rule of reason norms in the anti-monopoly law will usually be terminated or contain phrases: (i) which can result in monopolistic practices and / or unfair business competition (ii) which can result in unfair business competition, or (iii) which can result in unfair business competition and / or harm to society.]]>
<![CDATA[KEDUDUKAN KOMISI PENGAWAS PERSAINGAN USAHA DALAM SISTIM KENEGARAAN DI INDONESIA ]]>
<![CDATA[Connie Pania]]>
<![CDATA[ Justici Vol 13 No 2 (2020): Justici ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas IBA Palembang ]]>
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<![CDATA[ABSTRACT The existence of the Business Competition Supervisory Commission (KPPU) is an institution that functions as the supervisor of the implementation of Law Number 5 of 1999 Concerning Prohibition of Monopolistic Practices and Unfair Business Competition. The problem in this paper is how the Commission for the Supervision of Business Competition in the state system in Indonesia The conclusion of the answer to this problem is in the context of state administration, KPPU is a state auxiliary organ which has the authority under Law No. 5 of 1999 to enforce business competition law. In a simple state auxiliary organ is a state institution formed outside the constitution and is an institution that helps carry out the duties of the main state institutions (Executive, Legislative and Judiciary). From the facts it is clear that, the existence of KPPU as an auxiliary state institution does not negate the role the main state institution in supervising the implementation of the Antimonopoly Law, in fact the KPPU was formed to assist the performance of the Institute for Business Competition Supervisory Commission Position Analysis]]>
<![CDATA[EUTHANASIA DITINJAU DARI HUKUM PIDANA DI INDONESIA ]]>
<![CDATA[Ramanata Disurya]]>
<![CDATA[ Justici Vol 13 No 2 (2020): Justici ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas IBA Palembang ]]>
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<![CDATA[Abstract The emergence of pros and cons around the issue of euthanasia becomes a burden for law experts. Because, on the issue of "legality" this euthanasia issue will end. This study aims to see how Euthanasia is viewed from the perspective of criminal law in Indonesia. This research is a type of legal research which is also referred to as empirical legal research. The results of this study are in the criminal law in force in Indonesia which regulates the issue of euthanasia contained in Article 304 of the Criminal Code which prohibits the existence of passive euthanasia, and in Article 344 of the Criminal Code which prohibits the existence of active euthanasia. So that euthanasia is an act that cannot be applied or has not been legalized because it is contrary to the Criminal Code (KUHP)]]>
