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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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PERLINDUNGAN HUKUM TERHADAP KONSUMEN MUSLIM DALAM MENDAPATKAN JAMINAN HALAL PADA APLIKASI LAYANAN FOOD DELIVERY Meirina Dewi Pratiwi; Sakinah Agustina
Justici Vol 16 No 1 (2023): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

ABSTRACT The existence of products that have not been halal certified has resulted in consumers, especially Muslim consumers, finding it difficult to distinguish which products are truly halal and can be consumed in accordance with Islamic law from products that are not haram. advances in science and technology which are the driving force for the productivity and efficiency of producers of the goods or services they produce in order to achieve business targets. Muslim consumers in Indonesia have received protection for the products they will consume, both food and beverages, through regulations written in law number 34 of 2014 concerning Halal Product Guarantee. From the things mentioned above, how is the legal protection for Muslim consumers in obtaining halal guarantees for food delivery service applications? The research in this paper is normative juridical research. To achieve its objectives, the consumer protection law sub-system cannot be separated from other legal sub-systems. for example with health law. For business actors or producers, they need to realize that the survival of their business is very dependent on consumers. For this reason, they have an obligation to produce goods and services as good and as safe as possible and try to provide satisfaction to consumers.
PERLINDUNGAN HUKUM TERHADAP KORBAN BODY SHIMMING DI MEDIA SOSIAL BERDASARKAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Kinaria Afriani; Putri Sari Nilam Cayo
Justici Vol 16 No 1 (2023): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

ABSTRACT Body shaming is a case that has been going on for quite a long time in the western part of the world. Body shaming also causes individuals who experience it to be more sensitive to the rejection that occurs when we pay more attention to their bodies because they do not conform to the ideal standards of society. Initially, body shaming only became a trend for jokes, but over time it became serious to the point of bringing down or vilifying other people, causing discomfort to the person who was the object of body shaming. The type of research that the author uses is normative juridical, which is a method that focuses on research on library data, or secondary data through legal principles and legal comparisons. Basically, body shaming insults carried out through social media are criminal acts whose perpetrators can be subject to criminal sanctions under Article 27 paragraph (3) jo and Article 45 paragraph (3) of Law Number 11 of 2008 concerning Information and Electronic Transactions ("Law No. ITE”) as amended by Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions.
PERLINDUNGAN HUKUM TERHADAP ANAK PELAKU TINDAK PIDANA MELALUI DIVERSI BERDASARKAN SISTEM PERADILAN PIDANA ANAK Suryani Yusi; Erniwati Erniwati
Justici Vol 16 No 1 (2023): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

ABSTRACT Children as perpetrators of these crimes must be responsible for their actions. This must be done so that it can teach the child a lesson, so that in the future the child does not repeat the same mistake. Giving punishment to children must pay attention to aspects of child development and the best interests of children. Children who commit crimes must still be protected and their rights considered so that they do not interfere with or even damage the child's growth period. The problems in this paper are what are the factors that cause children to commit crimes and how is the legal protection for children who are perpetrators of crimes in the Juvenile Criminal Justice System. regulates the protection of children in conflict with the law through diversion in Chapter II, in Articles 6, 7, 8, 9, 10, 11, 12, 13, 14
PERLINDUNGAN HUKUM TERHADAP NASABAH FINTECH PEER TO PEER LENDING DALAM KAITANNYA PELANGGARAN PRIVASI Rusmini Rusmini; Juniar Hartikasari; Husnaini Husnaini
Justici Vol 16 No 1 (2023): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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ABSTRACT The progress of the digital world has developed at this time, one of which is regarding the method of payment which 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 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 an illustration of the working of legal functions to realize legal goals. The problem in this paper is how the government's role in protecting fintech customers in Indonesia is. This research is a normative juridical research, which only examines library materials or secondary data, which may include primary, secondary and tertiary legal materials. Increasing the effectiveness of financial inclusion programs for people who are not yet bankable and MSME actors as well as consumer protection are also important things to be developed. The program issued by the OJK will support the financial inclusion program issued by the Government. The OJK's consumer protection function will also be implemented in a balanced manner between the interests of consumers and the interests of the financial services sector. So that the protection of customers or consumers continues to be carried out properly without any party feeling aggrieved. The government in this case the Minister of Finance has made regulations related to financial services and so on which are contained in the Regulation of the Minister of Finance (PMK).
DEMOKRASI KETUHANAN (TEISTIK) DI INDONESIA: AKTUALISASI NILAI PEMIKIRAN MOH. NATSIR Yudi Fahrian, Yudi; Fitri, Aidil
Justici Vol 16 No 2 (2023): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35449/justici.v16i2.699

Abstract

Abstract Muhammad Natsir believes that the Islamic principles of shura (deliberation) are closer to modern democratic formulations. Thus Natsir can accept the existence of parliament as a representation of the implementation of these deliberations. However, as described by Muhammad Iqbal above, Natsir rejects modern democracy with a background in Western secular culture. Secularism is an understanding that separates religious issues from state issues, where this understanding comes from the West. Muhammad Natsir cannot separate his thoughts from religion and the divine values ​​he adheres to. Muhammad Natsir stated “As a Muslim, we cannot escape politics. As a politician, we cannot escape from our ideology, namely the ideology of Islam. The concept of divine democracy, commonly referred to as Theistic democracy in Indonesia, was initiated by an intellectual, preacher and politician, namely Mohammad Natsir. Until now the idea of ​​theistic democracy has never materialized. There are several problems in actualizing theistic democratic values ​​related to the concept of rule of law which are related to epistemological problems, methodological problems and political problems. The actualization of theistic democracy can be pursued through two approaches, the first is the approach with the main scientific concept of the concept of prophetic law, the second is through legislation with three stages, the formulation stage, the socialization stage and the political stage.
PENERAPAN RESCHEDULING TERHADAP NASABAH PERBANKAN DALAM TERJADINYA KREDIT MACET Husnaini, Husnaini
Justici Vol 16 No 2 (2023): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35449/justici.v16i2.700

Abstract

Abstract In granting credit, not everything went smoothly, some were substandard and some experienced bottlenecks. thus causing his business to fail and as a result he can no longer carry out his obligations to pay credit installments as they should. In the inability to pay, the bank can carry out three stages, one of which is the rescheduling stage. The problem in this paper is how good faith banking customers are in the event of bad credit. The research in this paper is normative juridical research, which examines only literature or secondary data, which may include primary, secondary and tertiary legal materials. The research in this paper is normative juridical research, which examines only literature or secondary data, which may include primary, secondary and tertiary legal materials. For rescheduling there are several terms and conditions that apply, namely having to re-contract and if there is a delayed margin must be paid in advance at the time of re-contract. The intended re-contract is to carry out the contract as the initial disbursement and pay administrative fees determined by the bank. The implementation of this rescheduling is very helpful for customers in continuing and completing their obligations after being given an extension of the time period in returning financing for bad loans.
IMPLEMENTASI PASAL 29 UNDANG – UNDANG NOMOR 46 TAHUN 2009 TENTANG PEMBATASAN WAKTU PENYELESAIAN PERSIDANGAN TINDAK PIDANA KORUPSI DI PENGADILAN NEGERI PALEMBANG KLAS 1A KHUSUS Meidianti, Silfi; Nofianti, Liza
Justici Vol 16 No 2 (2023): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35449/justici.v16i2.701

Abstract

ABSTRACT Completion of corruption cases in corruption cases as stipulated in Article 29 of Law Number 46 of 2009 concerning the Corruption Court which states: "Corruption cases are examined, tried and decided by the first level Corruption Court in a maximum period of 120 (one hundred and two thirty working days from the date the case was transferred to the Corruption Crime Court. Nevertheless according to practice, the provisions of Article 29 of Law No. 46 of 2009, it cannot be fully implemented. Problems Why is there a limitation on the time to complete the examination of cases of corruption in Article 29 of the Republic of Indonesia Act No.46 of 2009 concerning Court of Criminal Acts of corruption. And what is the consequence of the juridical to the settlement of cases that exceed the time limit specified in article 29 of the Republic of Indonesia Act No.46 of 2009 concerning the Court of Criminal Acts of corruption? The research method is Empirical Juridical in this study the purpose of analyzing the problem is done by integrating legal materials with primary data is data obtained from the first source such as interviews and documentation in the Palembang District 1A Class Court, while secondary data is data obtained from library materials. Based on Article 29 the case of corruption is examined, tried and decided by the first level of the Corruption Court within a maximum of 120 (one hundred and twenty) working days from the date the case is transferred to the Corruption Court, to provide legal certainty for justice seekers , Encouraging an increase in the performance of judges in examining, adjudicating, and deciding cases, as well as suppressing the accumulation of court cases at all levels of the judiciary, which if not implemented will raise the presumption that the panel of judges do not have the ability to resolve cases in a timely fashion and judicial stigma. There is a need for close commitment and cooperation between law enforcement officers namely, Judges, Public Prosecutors and Legal Counsels.
PERTANGGUNGJAWABAN PIDANA DEBT COLLECTOR YANG MELAKUKAN TINDAK PIDANA TERHADAP DEBITUR LAYANAN APLIKASI PINJAMAN ONLINE Sari Nilam Cayo, Putri
Justici Vol 16 No 2 (2023): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35449/justici.v16i2.702

Abstract

ABSTRACT Online lending is the implementation of financial services which is a place for lenders and loan recipients to meet in order to carry out loan agreements using the rupiah currency using an electronic system, namely the internet network. Online loans can also be interpreted as financing or lending services provided by certain bodies online or in a network. The problem that the author will discuss is regarding how the criminal responsibility of Debt Collectors who commit crimes against debtors of online loan application services. In the event that the debt collector uses harsh words and is done in public, then he can be punished with an insult article, namely article 310 of the Criminal Code: "Whoever damages the honor or reputation of a person by accusing him of doing something with real intentions will be broadcast on this charge, is punished for blasphemy, with a maximum prison sentence of nine months or a maximum fine of Rp. 4500”.
KONSEP HUKUM KETENAGAKERJAAN DALAM HAL PEMBERIAN SANKSI HUKUM TERHADAP PERUSAHAAN YANG MEMBAYAR UPAH DI BAWAH STANDAR MINIMUM Dewi Pratiwi, Meirina; Erniwati, Erniwati; Jhoni, Jhoni
Justici Vol 16 No 2 (2023): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35449/justici.v16i2.703

Abstract

Abstract The policy of setting minimum wages within the current framework of wage protection still encounters many obstacles as a result of the non-availability of uniformity of wages, both regionally/provincially or districtly/municipally, and provincially or districtly/municipally sectorally, as well as nationally. In setting the minimum wage there are still differences based on the level of ability, nature and type of work in each company, the conditions are different, in each region. The problem in this paper is how legal sanctions are imposed on companies that pay wages below the minimum standard based on the concept of labor law. This study will use a normative juridical approach. The juridical (normative) approach is mainly aimed at obtaining theoretical matters, namely regarding legal sanctions for companies that pay employees wages below the minimum standard. The conclusion of this paper is the legal sanctions against companies that violate agreements the work is subject to civil law sanctions in which an agreement entered into by the parties in relation to a work agreement may not conflict with laws and regulations, namely in this case the Job Creation Law, PP Wages, and Ministerial Regulations/Decisions. Thus, promising wages below the minimum wage is null and void.
PENERAPAN SANKSI PIDANA TERHADAP PELAKU KAMPANYE HITAM ( BLACK CAMPAIGN) PEMILIHAN KEPALA DAERAH DI MEDIA SOSIAL BERDASARKAN UNDANG-UNDANG INFORMASI DAN TEKNOLOGI Merita, Enni; Afriani, Kinaria
Justici Vol 16 No 2 (2023): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35449/justici.v16i2.704

Abstract

ABSTRACT Black campaigns carried out on social media such as Twitter or Facebook, etc., which contain insults and defamation of a certain pair of presidential and vice-presidential candidates, are prohibited acts as referred to in Article 27 paragraph (3) of Law Number 11 Year 2008 concerning Information and Electronic Transactions. The problem in this paper is how to apply criminal sanctions to black campaigners for Regional Head Elections on Social Media. In the framework of this writing, the authors conducted library research (library research). So that if it is related to the distribution of data in general, then what is used is secondary data. As for the criminal threat for those who fulfill the elements in Article 27 paragraph (3) of the ITE Law, they are subject to imprisonment for a maximum of 6 (six) years and/or a fine of up to Rp. 1,000,000,000.00 (one billion rupiah) .

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