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Contact Name
Kartika Sasi Wahyuningrum
Contact Email
kartikasasi989@gmail.com
Phone
+6282240236643
Journal Mail Official
kartikasasi989@gmail.com
Editorial Address
l. Mayor Ruslan, 8 Ilir, Kec. Ilir Tim. II, Kota Palembang, Sumatera Selatan 30164
Location
Kota palembang,
Sumatera selatan
INDONESIA
Justici
ISSN : 19794827     EISSN : 30327903     DOI : https://doi.org/10.35449/justici.v17i2.813
Core Subject : Social,
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
PENERAPAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PERPAJAKAN BERDASARKAN UNDANG-UNDANG NOMOR 16 TAHUN 2009 TENTANG KETENTUAN UMUM DAN TATA CARA PERPAJAKAN DAN UNDANG-UNDANG NOMOR 7 TAHUN 2021 TENTANG HARMONISASI PERATURAN PERPAJAKAN H. Syaroji Karta; Emmy Yunita
Justici Vol 15 No 2 (2022): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

ABSTRACT Tax payments are a manifestation of state obligations and the participation of Taxpayers (WP) to directly and jointly carry out tax obligations for state financing and national development. In accordance with the philosophy of tax law, paying taxes is not only an obligation, but is the right of every citizen to participate in the form of participation in state financing and national development. The type of research that the author uses is normative legal research, which is a legal research method carried out by examining library materials or secondary data.
IMPLEMENTASI ASAS KESEIMBANGAN DALAM TRANSAKSI JUAL BELI TANAH Windi Arista
Justici Vol 15 No 2 (2022): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

ABSTRACT An agreement is an agreement in which two or more people bind themselves to carry out something in the field of property. In the case of a land sale and purchase agreement, problems often occur, one of which is caused by the imbalance of the parties in the contract agreement. The principle of balance is reflected when the parties who will make the agreement are given freedom based on Article 1338 of the Civil Code. The freedoms referred to in Article 1338 of the Civil Code are not absolute, but must be balanced with rules stating that these freedoms are allowed as long as they do not conflict with the law, propriety and custom, decency and public order in their implementation and implementation. The problem in this paper is about how to apply the principle of balance in a land sale and purchase contract. The type of research that the author uses is normative legal research, which is a legal research method carried out by examining library materials or secondary data. The application of the principle of balance in the land sale and purchase agreement is reflected in Article 1320 of the Civil Code paragraph (1). In addition, the application of the principle of balance is described in the formulation of the rights and obligations of the parties, as a determining indicator the translation appears to be in a balanced position between the rights and obligations of each party in the land sale and purchase agreement.
UPAYA PEMERINTAH DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP NASABAH FINTECH (PEER TO PEER LENDING) Meirina Dewi Pratiwi; Erniwati Erniwati
Justici Vol 15 No 2 (2022): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

Abstract The development of technological advances has changed everything, including the pandemic that hit the world from 2020. Advances in the digital world besides the payment method that was originally only with cash turned into cashless or e-money, shopping that was previously face-to-face between sellers and buyers can now be done online. . The government through Bank Indonesia and the Financial Services Authority as the agency authorized to regulate Financial Technology. In accordance with the category, has issued technical regulations in regulations related to financial technology. In its development, many fintechs have had problems, both legal fintech and illegal fintech because they are not in accordance with government regulations. Legal protection is a description of the workings of legal functions to realize legal goals, namely justice, expediency and legal certainty. Efforts to modernize the legal framework to provide a legal landscape started with many people thinking that this online loan was an easy and fast solution to get money. The development of the fintech industry is also attached to the negative stigma of the community, especially in the way of billing. launching the Fintech Innovation Hub as a development center and becoming a national one stop contact for Fintech. In addition, following up on the agreement with Kominfo, OJK has prepared a Certificate Authority (CA) in the financial services sector. CA as a certificate issuer for a digital signature of financial service actors, can guarantee that an electronic transaction that is digitally signed has been secured and has legal force.
UPAYA HUKUM KONSUMEN PEMAKAI JASA KATERING TERHADAP PENYEDIA JASA KATERING YANG MELAKUKAN WANPRESTASI BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Rusmini Rusmini; Juniar Hartikasari
Justici Vol 15 No 2 (2022): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

ABSTRACT In the catering business agreement, default often occurs in the catering business provider, either by the provider or the consumer. The definition of Catering according to Sjahmien Moehyi is a type of food service where the place to cook food is different from the place to serve food. Defaults that are often carried out by catering business providers include delays in serving, incompatibility of the menu served with the agreed menu, and the lack of quantity of consumption that should be provided. Meanwhile, the default on the part of consumers is generally late payments or not making payments at all. The type of research that the author uses is normative legal research, which is a legal research method carried out by examining library materials or secondary data. The approach used by the researcher is a normative juridical approach which means finding the truth of coherence. Based on Article 45 paragraphs (1) and (2) of the UUPK, legal remedies that can be taken by consumers through settlement methods are carried out through the Consumer Dispute Settlement Agency (BPSK) and through the courts. This means that the settlement of consumer disputes can be determined out of court (BPSK) and through the courts.
PENERAPAN PEMBELIAN TERSELUBUNG YANG DILAKUKAN ANGGOTA POLRI DALAM PENYELIDIKAN TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA Enni Merita
Justici Vol 15 No 2 (2022): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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ABSTRACT The problem of drug abuse in Indonesia is currently felt in an alarming state. As an archipelagic country that has a strategic location, both in terms of economy, social and politics in the international world, Indonesia has participated in tackling the crime of drug abuse, namely with the enactment of Law Number 35 of 2009 concerning Narcotics. The research method used in this paper is normative juridical. This research approach uses a normative juridical approach. Normative juridical is used as the main approach in exploring laws based on statutory regulations, namely by studying and studying and examining theories, concepts and principles of legal norms. Covert buying implementation in the investigation of criminal acts of narcotics abuse by police Investigations with covert buying techniques do not carried out in an open way, so that it is prone to errors made by officers, such as officers who carry out investigations do not report the results of the investigation because of circumstances that are not possible, so that investigations carried out can make it less likely to find out the mistakes made or the condition of the officers.
PENERAPAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PENCURIAN ARUS LISTRIK BERDASARKAN UNDANG-UNDANG NOMOR. 30 TAHUN 2009 TENTANG KETENAGA LISTRIKAN Kinaria Afriani; Putri Sari Nilam Cayo
Justici Vol 15 No 2 (2022): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

ABSTRACT Electricity theft is a crime in the electricity sector. This crime is rife in Indonesia and can cause losses for PLN as the party selling electricity. In fact, this theft can actually cause state losses, considering that PLN is a state-owned company subsidized by the state. This research is a normative juridical research, which only examines library materials or secondary data, which may include primary, secondary and tertiary legal materials. Criminal sanctions for theft of electricity are regulated in Law Number 30 of 2009 concerning Electricity, regulated in Article 49 – Article 55 In addition, the sanctions for theft of electricity are listed in Article 362 of Chapter XXII of the Criminal Code
PERAN PENEGAK HUKUM DALAM TINDAK MENANGGULANGI PIDANA DI BIDANG PERTANAHAN Enni Merita
Justici Vol 16 No 1 (2023): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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ABSTRACT Crimes or criminal violations in land law, can be in the form of crimes and violations in the creation of physical data and juridical data, for example destroying land boundary markers and changing them to another place, providing false data or false information relating to the existence of land. This study uses a normative approach, normative juridical review. The type of research used is normative legal research that examines written law from various aspects, namely aspects of theory, philosophy, comparison, structure and composition, scope and material, consistency, general explanation, and article by article. very important in law enforcement of land crimes is the factor of legislation because if the law is very firm in giving sanctions to perpetrators of land crimes, the community will be afraid to commit violations and land crimes.
KEKERASAN DALAM DUNIA PENDIDIKAN PRESPEKTIF HUKUM ISLAM DAN HUKUM POSITIF INDONESIA Aidil Fitri; Yudi Fahrian
Justici Vol 16 No 1 (2023): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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ABSTRACT The world of education is continuously presented with various types of violence; after the family, the world of education should be a comfortable place, but in reality, numerous forms of violence occur there continuously. Whereas violence merely creates animosity and grudges, trauma, and several other unpleasant outcomes, Even with violence, it will impede the attainment of the intended educational objectives, as outlined in statute number 20 of 2003. “Within the context of teaching the nation's life, the purpose of national education is to foster the growth of skills and the formation of a national character and culture that are worthy of respect, strives to develop pupils' potential to become individuals who believe in and respect God Almighty, have noble character, are healthy, informed, capable, creative, independent, and become citizens of a democratic and accountable state.”. To achieve this objective, moral and moral standards must, of course, be a major concern; yet, education is not only the transmission of knowledge to educate the brain while ignoring morals and morals in softening the heart. Islam has clearly supplied direction in education, as has our nation, which continues to expand and strengthen its education system. While no normal person wishes for violence to occur, circumstances, scenarios, and the surrounding environment may swiftly alter a situation. For this reason, all parties strive ceaselessly to prevent a recurrence of violence in the realm of education, filling it with happiness and imprinting younger generation with a kind heart.
KETENTUAN FORCE MAJEURE DALAM KONTRAK BISNIS PADA MASA PANDEMI COVID-19 Liza Nofianti
Justici Vol 16 No 1 (2023): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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ABSTRACT During the Covid-19 Pandemic, the aim is to find out whether theThe Covid-19 pandemic which the government has designated as a national disaster can be classified as a force majeure in the implementation of business contracts during the covid-19 pandemic as a national disaster. Library Research is research conducted in libraries, where data is obtained from available data by reading, studying books, laws and regulations, magazines, scientific works, legal dictionaries, and so on. The corona pandemic is used as the argument for force majeure in a business contract based on Presidential Decree Number 12 of 2020 concerning Determination of Non-Natural Disasters for the Spread of Corona Virus Disease 2019 (Covid-19). This reason is used as the debtor's defense for the non-performance of a contract due to something that cannot be predicted.
PENERAPAN HUKUMAN DISIPLIN BAGI PEGAWAI NEGERI SIPIL YANG TIDAK MELAPORKAN STATUS PERCERAIANNYA Evi Oktarina
Justici Vol 16 No 1 (2023): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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ABSTRACT Divorce can happen to anyone, including civil servants. According to Marsono, civil servants are civil servants who are full of loyalty to Pancasila, the 1945 Constitution and the government who are united, have good mentality, are highly disciplined, authoritative, efficient, have high quality and are aware of their responsibilities as the first element of the state apparatus. The method used in this paper is a normative method with a statutory approach, meaning that the approach is carried out by examining all relevant laws and regulations in accordance with the law being handled. The results obtained from this study are. To Civil Servants who do not report their divorce based on Article 15 paragraph (1) Government Regulation no. 45 of 1990 concerning Marriage and Divorce Permits for Civil Servants which reads: Civil servants who do not report their divorce within a period of no later than one month from the date of the divorce, are subject to one of the severe disciplinary penalties

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