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Justici
Published by Universitas IBA Palembang
ISSN : 19794827     EISSN : 30327903     DOI : https://doi.org/10.35449/justici.v17i2.813
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 104 Documents
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STRATEGI PENCEGAHAN NARKOBA BERBASIS MASYARAKAT DI KECAMATAN SIMPANG RIMBA,DESA SERDANG KABUPATEN BANGKA SELATAN VIRNA DEWI
Justici Vol 13 No 1 (2020): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract Narcotics and Drugs (Narcotics) or Narcotics, Psychotropics, and Additives (NAPZA) are substances that can increase the level of psychiatric or nutrition that can be adjusted to health and psychology. An important problem in this study is the threshold What is the Community Based Drug Prevention Strategy and the support of the Regional Government in the Prevention of Drug Use in Serdang Village, South Bangka Regency? The program for eliminating drug abusers has run according to existing normative standards. Every program if not carried out and the evaluation will not succeed, such as the formation of peer counselors, anti-drug youth cadres, and anti-drug integration curriculum. Based on the Regent's Decree, to maximize program implementation cross sectoral cooperation is needed. It is also in accordance with one of the HIAP strategies, namely cross-sectoral cooperation. The community has an important role in approving drugs. The public has begun to respond positively and take an active role in opposing drug abusers. The formation of peer counselors, anti-drug youth cadres, the role of parents, the role of BK teachers have started to run well.
PENERAPAN PASAL 6 UNDANG-UNDANG NOMOR 5 TAHUN 1960 TENTANG PERATURAN DASAR POKOK-POKOK AGRARIA DALAM HUBUNGANNYA DENGAN PEMBANGUNAN DI KAWASAN INDUSTRI Rusmini Rusmini; Windi Arista
Justici Vol 13 No 1 (2020): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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ABSTRACT The implementation of the social function of land rights through land acquisition policies often creates problems in the community. The term "in the public interest" is due to the fact that many land acquisition policies for industrial development are more directed towards facilitating the interests of entrepreneurs. That is, the social function of ownership rights over land becomes more functioning as a means of control over landowners. The application of the principle of social functions of land rights is carried out through a land acquisition policy that must be equipped with a set of laws and regulations as a guarantee of the protection of community rights. The implementation of land acquisition is technically regulated in Law Number 2 of 2012 concerning Land Procurement for Development for Public Interest, Presidential Regulation Number 71 of 2012 concerning Implementation of Land Procurement for Development for Interests, and Head of National Land Agency Regulation Number 5 of 2012 concerning Technical Guidelines for Implementing Land Acquisition.
POTENSI HAK EKSEKUTORIAL BAGI KREDITUR DALAM PERJANJIAN FIDUSIA Jhoni Jhoni; Meirina Dewi Pratiwi
Justici Vol 13 No 1 (2020): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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ABSTRACT The Fiduciary Guarantee makes it easy for those who use it. However, in the current practice, there are several violations of law committed by debtors and creditors, for example, there are still creditors who do not register fiduciary deeds to fiduciary registration offices, debtors who transfer, mortgage, and lease fiduciary collateral objects without the creditor's permission and others. -other. From the problems above, of course there must be a solution for Debtors and Creditors. The creditor must really understand the tendency of the debtor as the fiduciary giver, and must follow the mandate of the law in order to register the fiduciary deed made before a notary public and register it with the Ministry of Law and Human Rights so that when something unexpected happens, the creditor has permanent legal force.
PERSEKUTUAN KOMANDITER (COMMANDITAIRE VENNOOTSCHAP ATAU CV) SEBAGAI BADAN USAHA DALAM KAJIAN HUKUM PERUSAHAAN Rosida Diani; Mahendra Kusuma
Justici Vol 13 No 1 (2020): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract Limited partnership or better known as CV is one type of business entity in the community. Specific regulations governing the limited partnership have not yet existed. The arrangement of this limited partnership in the KUHD is only in three articles, namely articles 19, 20 and 21. It is in the midst of regulating the alliance of firms. The problem to be elaborated in this research is whether the establishment of a limited partnership must be with an authentic deed? And what are the characteristics of a limited partnership so that it is a business entity not a legal entity. This research method uses normative juridical research or doctrinal law research. From the results of the study it was found that the establishment of a limited partnership may not be in the form of an authentic deed, this can be interpreted from the end of article 22 of the Criminal Code. Even if it refers to article 1618 of the Civil Code, article 16 and article 19 of the KUHD, the Alliance of Commanders can be established verbally. The limited partnership only has an element of separate wealth, has a specific purpose, and there are several people as administrators. There is no element of government approval on the deed of establishment. So without that endorsement, the limited partnership can not be categorized as a legal entity.
PERANAN DAN KEDUDUKAN HUKUM BADAN USAHA MILIK NEGARA DALAM KEUANGAN NEGARA Evi Oktarina; Liza Deshaini
Justici Vol 14 No 1 (2021): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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ABSTRACT The state controls the natural resources but the State does not try to monopolize the natural resources. This is because it will result in commercial government. In order for the government to run well, the State established a State-Owned Enterprise (BUMN) to exploit the natural wealth for the welfare of the people. The making of this research uses a normative research methodology, namely through the search and analysis of secondary legal materials. The problems that arise are the role of SOEs in the rule of law and the legal position of SOEs in state finance. SOEs in the rule of law play a role in carrying out activities in the economic and trading where the Government can own all or part of the shares or capital in a company. While the legal status of SOEs in state finance is the inclusion of state assets in SOE capital as a result of the separation of state assets as determined in Act Number 19 of 2003 concerning SOEs.
DAMPAK PENYALAHGUNAAN OBAT KOMIX DAN MINUMAN TORPEDO DI KALANGAN REMAJA DESA SIMPANG RIMBA KABUPATEN BANGKA SELATAN Sri Yuliana
Justici Vol 14 No 1 (2021): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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ABSTRACT The problem of drug abuse is mostly done by teenagers, especially school children. A survey conducted by the National Narcotics Agency and the University of Indonesia in 15 provinces in Indonesia in 2010 found that dextromethorphan abuse was found among adolescents in high schools and even elementary schools. Dectromethorphan contained in komix when used in excessive doses has an effect similar to the use of ketamine. The resulting effects are confusion, dream-like conditions, a sense of loss of personal identity, speech and movement disorders, disorientation, drowsiness. Ketamine is a type of anesthetic drug, which is generally used in the general anesthesia process to reduce the patient's level of consciousness before or during a medical procedure. The Komix type cough medicine is usually used as a cough reliever but among teenagers, the Komix type cough medicine is being abused. The use of Komix cough medicine media is used as a tool to get a hangover effect. Referring to the description and analysis above, what factors can be classified that cause the abuse of komix drugs and torpedo drinks among youth in Simpang Rimba village? Factors The cause of the abuse of drugs and torpedo drinks in the Simpang Rimba village community is due to low education, lack of concern for parents and families for their children, and unhealthy environmental factors. Making some teenagers in Simpang Rimba village abuse komix drugs and torpedo drinks.
PERANAN ADVOKAT DALAM PROSES DIVERSI ANAK YANG BERKONPLIK DENGAN HUKUM PADA TINGKAT PEMERIKSAAN DI KEPOLISIAN Latief Hasjim
Justici Vol 14 No 1 (2021): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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This writing mainly aims to provide information, especially regarding the rights of children as perpetrators of criminal acts, during the investigation process at the police level. The problems that the writer raises in this thesis are related to diversion arrangements and implementation constraints. To find answers to problems, approach Law no. 8 of 1981 concerning the Criminal Procedure Code and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, which specifically regulates diversion, objectives and procedures for implementing diversion. Even though diversion has a good purpose, in its implementation there are still obstacles, such as unprofessional investigators, incomplete facilities, very weak public knowledge and awareness, so to guarantee that diversion can be implemented there needs to be provisions regulating criminal sanctions against investigators which does not implement diversion.
PERLINDUNGAN HUKUM BAGI KONSUMEN YANG MENGALAMI KERUGIAN BERUPA PENIPUAN MELALUI TRANSAKSI JUAL BELI ONLINE SHOP Virna Dewi
Justici Vol 14 No 1 (2021): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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The development of the times is increasingly fast making technology even faster. With the rapid development of technology, the easier it is for everyone to meet their needs. Internet technology has a huge influence on the world economy. Online businesses that are increasingly in line with technological developments will certainly make it easier for us to meet our needs. This is what business actors take advantage of as their business opportunity, for various types of business, both food and beverage, transportation, clothing and so on. With this development, the e-commerce trend has emerged in the surrounding environment. The existence of these technological developments also provides vigilance for the government, namely by making laws regarding crimes or fraud that may occur in cyberspace. Important issues raised in this study are about how legal protection for consumers who experience losses in the form of fraud through online buying and selling transactions (online shop). In accordance with the field of legal studies, the approach used in this research is juridical normative. The specification used in this research is descriptive analytical. The data collection technique used by the writer is in the form of literature study. As for the results of this study, the current advances in internet technology have encouraged business actors to plunge into e-commerce. However, these advances can be used by business actors to cheat. And there are laws and regulations established by the government to deal with crimes related to violations of internet use that can harm consumers. In fact, there are still many criminal offenses committed by irresponsible business actors. Due to the lack of tight government supervision and inadequate capacity of law enforcement.
PENERAPAN PIDANA MATI BAGI PENGEDAR NARKOBA PERSFEKTIF HAK AZAZI MANUSIA Putri Sari Nilam Cayo; Enni Merita
Justici Vol 14 No 1 (2021): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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The death penalty is still ongoing and has not been abolished in Indonesia, people have different opinions in responding to it as many countries have abolished the death penalty. On the one hand, there are community groups expressing their support that the death penalty is still needed in Indonesia, moreover, it is still legally recognized. Meanwhile, on the other hand, there are groups of people who want the death penalty to be abolished. The application of the death penalty has actually been answered in the decision of the Constitutional Court on the petition for judicial review of Law Number 22 of 1997 concerning Narcotics against the 1945 Constitution. 1997 on Narcotics is not against the Constitution. Thus, it can be concluded that in analogy, capital punishment is not an unconstituional act.
KEKUATAN PEMBUKTIAN DIGITAL SIGNATURE PADA PERJANJIAN E-COMMERCE BERDASARKAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Erniwati Erniwati; Meirina Dewi Pratiwi
Justici Vol 14 No 1 (2021): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Both the digital signature and the conventional signature both have different media, but basically the use of a digital signature or a conventional signature is an act that has the same legal consequences, namely giving birth to a legal relationship between the parties making the agreement. Now with the existence of the ITE Law as positive law, electronic deeds are considered the same as conventional deeds, as well as electronic signatures whose power of proof will be considered the same as manuscript signatures. This is regulated in Law No. 11 of 2008 on Information and Electronic Transactions in accordance with article 11 of the ITE Law

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