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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 112 Documents
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PERLINDUNGAN HUKUM TERHADAP USAHA KECIL MENENGAH (UKM) BERDASARKAN UU NO. 8 TAHUN 1999 TENTANG HUKUM PERLINDUNGAN KONSUMEN Sri Yuliana
Justici Vol 15 No 1 (2022): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

In Indonesia, SMEs have been the backbone of the economy for a long time. The number of SMEs until 2011 reached around 52 million. SMEs in Indonesia are very important to the economy as they contribute 60% of GDP and accommodate 97% of the workforce. However, access to financial institutions is very limited, only 25% or 13 million SMEs have access to financial institutions. The Government of Indonesia, fosters SMEs through the Office of Cooperatives and SMEs, in each province or district/city. It can be said that Small and Medium Enterprises or SMEs have an important role in the Indonesian economy. But all businesses including SMEs also have big challenges such as hiring the right people, building a brand and many others. And also challenges in terms of marketing the product. As a state of law, a state based on law (rule of law), the government should stipulate a basic concept that contains legal guidance on the direction of national law development for a certain period of government. The lack of protection makes Indonesian MSEs have difficulty in developing, unfortunately this fact is often misunderstood by the government, the business world and the community. However, its existence in the APBN structure often suffers from economic injustice, such as to meet the demand for disaster emergency response funds from the regions. The allocation of funds that should be used for the development of SMEs is requested to be allocated for flood disasters. This will make SMEs feel stepchildren in their own country. The role of government in market economies, especially in Asia, is very large and significant. The big challenge for the government's role for SMEs, apart from various internal obstacles, is the extent to which they create dependence on foreign economic intervention. Because avoiding foreign investment in the Indonesian economy is also something that is very unlikely in this era of globalization. But the idea of ​​developing SMEs, at least, can help the Indonesian economy to reduce dependence on foreign parties. To realize a strong national economy, SMEs need to be empowered so that they can become strong and independent and can develop.However, if it is manipulated, the government has long been providing guidance to small, medium-sized enterprises and cooperatives. The development of this business group since independence has undergone several changes. In the past, coaching for cooperatives was separated from coaching for small and medium enterprises. One is fostered by the Ministry of Cooperatives, while the other is fostered by the Ministry of Industry and the Ministry of Trade. After going through several changes, since the last few years the development of small, medium and cooperative businesses has been carried out under one roof under the Department of Cooperatives, Small and Medium Enterprises.
TINJAUAN YURIDIS NORMATIF EKSISTENSI ASAS LEGALITAS DALAM HUKUM PIDANA INDONESIA Suryani Yusi; Erniwati Erniwati
Justici Vol 15 No 1 (2022): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

The principle of legality is one of the main principles that is used as the basis in every administration of government and state in every legal state. In criminal law, the principle of legality is related to determining whether a Criminal law can be applied to criminal acts that occur. So, if there is a crime, it will be seen whether there are legal provisions that regulate it and whether the existing rules can be applied to the crime that occurred. The criminal law system that we adhere to contains the principle of legality contained in Article 1 paragraph (1) of the Criminal Code which states that no act can be punished except for the strength of the criminal rules in the legislation that existed before the act was committed.
SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PERIKANAN Putri Sari Nilam Cayo
Justici Vol 15 No 1 (2022): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

Illegal fishing, both by individuals and by corporations, has been increasing and is very concerning. Various modus operandi is carried out by national and foreign vessels to illegally fish in the Indonesian maritime jurisdiction. This is clearly contrary to national law and international law. The criminal sanctions for perpetrators of criminal acts in the field of fisheries (illegal fishing) can be punished with a maximum imprisonment 10 (ten years) and a maximum fine of Rp. 2,000,000,000.00 (two billion rupiah) as regulated in Article 84 paragraph (2) and paragraph (4) of the Law Fishery
PRINSIF ITIKAD BAIK DALAM SUATU KONTRAK Warmiyana Zairi Absi; Rusniati Rusniati
Justici Vol 15 No 1 (2022): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

In civil law the principle of good faith is a rule contained in an agreement, either an agreement between an individual and an individual or an individual with a legal entity. As contained in Article 1338 paragraph (3) of the Civil Code (hereinafter referred to as the Civil Code) it is stated that: "An agreement must be carried out in good faith." The meaning of good faith here is to act as a good person. Understanding of good faith, presumably business people in carrying out their activities should not harm other parties and do not take advantage of other parties to benefit themselves. Thus the contract is not only determined by the words formulated by the parties, but the judge can intervene in the freedom of contract by basing it on the principle of good faith, interpreting the contents of the contract beyond the words listed (may be added, expanded), even the contents can be determined. against those words. Therefore, it is not only determined by the words formulated by the parties, but also by justice and good faith.
PENERAPAN ASAS KESEIMBANGAN DALAM PERJANJIAN KREDIT RUMAH Windi Arista
Justici Vol 15 No 1 (2022): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

Home is a basic need of every human being. The house has a very important function for humans, namely as a shelter from all weather and as a place to build a family and as a place to carry out various business activities. In order to accommodate the community's need to own a house, the banking sector offers a Home Ownership Credit facility, which in this discussion will be abbreviated as KPR. KPR is a credit facility provided by banks to individual customers who will buy or repair a house. At the implementation stage of the implementation of the KPR Agreement, there may be "certain circumstances" that are not as usual, causing the balance of benefits from the agreement to not be achieved.
SISTEM PERENCANAAN PEMBANGUNAN DAERAH DI ERA OTONOMI Evi Oktarina
Justici Vol 15 No 1 (2022): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

The growing attention to regional autonomy is not only associated with the failure of centralized planning and the popularity of growth with equality strategies, but also the awareness that development is a complex and uncertain process that cannot be controlled and planned easily from the center. There are six stages in the regional economic development planning process, including (1) data collection and analysis, (2) selection of regional development strategies, (3) selection of development projects, (4) preparation of action plans, (5) determination of project details, and (6) preparation of overall planning and implementation. In the implementation of regional planning, it turns out that many problems arise, including: Propenas (RPJMN) and Propeda (RPJMD) are not sustainable plans because they are only prepared every five years, it is still unclear how and when top-down and bottom-up planning are integrated, there is a large gap in calculating financial capacity, and the planning focuses too much on the development project budget rather than on the overall budget.
UPAYA HUKUM PEMERINTAH DESA DALAM MENANGANI MASALAH PENCURIAN DI DESA LABU KECAMATAN PUDING BESAR KABUPATEN BANGKA Rahmiati Ranti Pawari
Justici Vol 15 No 1 (2022): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

Stealing is a problem that often happen be environmented society. With existence the mentioned stealing becoming society to feel not safe, with that government has an obligation to to overcome the mentioned problem. this Research to use it the quantitative research method descriptive, that is to descript it an incident that being happen and research data be done to use it kuesioner and also the interview that be done directly to to get it the accurate research result. research Result show that factor from existence action of stealing in Pumpkin village is from environment factor, and effort from Pumpkin village government at this time be told yet maximal, its lessly action from government mentioned expecting society so that village government to can to active it back ronda's post like that ever be done be yeared-year previous, so that can stealing to lesson action in village mentioned.
PENERAPAN KEBIJAKAN REFOCUSING DALAM MENGHADAPI PANDEMI COVID-19 TERHADAP PEMBANGUNAN INFRASTRUKTUR DI DESA MISLAK KABUPATEN BANGKA BARAT DITINJAU DARI UNDANG-UNDANG NOMOR 2 TAHUN 2020 TENTANG PENETAPAN PERPPU NOMOR 1 TAHUN 2020 Virna Dewi
Justici Vol 15 No 1 (2022): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

The current government of the Unitary State of the Republic of Indonesia certainly has policies, especially in the context of implementation. Public policy is an action taken by the government, and public policy is a government decision that has a specific purpose. The Covid-19 pandemic has had a tremendous impact on the national economy and the socio-economic conditions of the community. Village development is an effort to improve the quality of life of the community, therefore, village development planning must be carried out properly and effectively so as to provide benefits and progress for the local community. How is the refocusing policy implemented in Mislak Village, Jebus District, West Bangka Regency based on Law Number 2 of 2020? What is the impact of the refocusing policy on infrastructure development in Mislak Village, Jebus District, West Bangka Regency? In the event that the Village Government does not distribute the Village BLT for nine months in the 2020 fiscal year, it will be subject to sanctions. The Mislak Village Government, Jebus District, West Bnagka Regency prioritizes the development of human resources or non-physical development, especially in the field of education.
RELASI ILMU, FILSAFAT DAN AGAMA DIMENSI PARADIGMA PROPETIK Yudi Fahrian; Aidil Fitri
Justici Vol 15 No 2 (2022): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

Abstract There are three things that become tools for humans to seek the truth, namely philosophy, science and religion. Although the purpose of these three aspects is to seek the truth, they cannot be categorized as the same thing (synonyms). In general, philosophy is considered something very free because it thinks without limits. While religion, prioritizes revelation / inspiration from substances that are considered God. Everything that comes from God, in a religious perspective is a truth that cannot be denied. While science is a set of methods to find the truth. Understanding the three aspects above is quite urgent for everyone, because everyone definitely needs an understanding of the problems faced in everyday life. How are these three aspects related? How are the three aspects related to the prophetic concept? The approach used in this paper uses a descriptive method. The conclusion of this study, between philosophy and science and religion, has a very close relationship. This is based on the third goal, namely the search for truth. There are differences and similarities in science, philosophy, and religion, namely about the truth. However, these three aspects are horizontally interconnected, but vertically, only religion has them. Religion besides having a horizontal relationship with philosophy and science, it also has a vertical relationship with God as the worshiper of man himself.
PENERAPAN PERJANJIAN TERTULIS DALAM KAITAN PERLINDUNGAN HUKUM TERHADAP PARA PIHAK DALAM USAHA WARALABA ONLINE Junaidi Abdillah
Justici Vol 15 No 2 (2022): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

ABSTRACT In a franchise business, in general, it requires an agreement where the existing agreement is a standard agreement that has been made in advance by the franchisor. The franchisee when agreeing to the offered franchise business must be subject to the existing agreement. This should also apply to franchise businesses offered online. A written agreement is one aspect of legal protection to the parties from harming other parties, this is because the agreement can be a strong legal basis for enforcing legal protection for the parties involved in the franchise system, if one party violates the contents of the agreement, then the other party may sue the infringing party in accordance with applicable law

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