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[TINJAUAN PELAKSANAAN PIDANA PENJARA TERHADAP KETERPADUAN DENGAN TUJUAN PEMASYARAKATAN ]]>
<![CDATA[Agustina, Sakinah]]>;
<![CDATA[Yusi, Suryani]]>
<![CDATA[ Justici Vol 16 No 2 (2023): Justici ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas IBA Palembang ]]>
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DOI: 10.35449/justici.v16i2.705
<![CDATA[Abstract Imprisonment as the main punishment is the punishment that is most threatened against the perpetrators of crimes. This is one of the causes of over-capacity and imprisonment in prisons which affects the process of fostering convicts in achieving correctional goals. As an effort to overcome this, the government uses moderate steps by bringing up alternative punishments besides imprisonment, namely supervision and social work which are accommodated in the new Criminal Code, and to realize integration with the goals of correctional, revisions are made to the Correctional Law No. 12/1995 to become Law No. 22/2022 .]]>
<![CDATA[PENERAPAN PRINSIF PRINCIPLE UTMOST GOOD FAITH DALAM PERJANJIAN ASURANSI ]]>
<![CDATA[Rusmini, Rusmini]]>
<![CDATA[ Justici Vol 16 No 2 (2023): Justici ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas IBA Palembang ]]>
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DOI: 10.35449/justici.v16i2.706
<![CDATA[ABSTRACT In implementing the insurance agreement, the principle of Utmost Good Faith or the principle of good faith must be implemented by the insurer and the insurer. The problem in this paper is how to apply the Principle of Utmost Good Fait in insurance agreements. The type of research used in completing this research is a normative juridical research method that is descriptive analysis, namely research conducted by examining library materials (secondary data) or library law research. The application of the principle of good faith in an insurance agreement implies that both parties, namely the insured and the insurer, reciprocally must base the insurance agreement or agreement in very good faith, meaning that they do not hide clear and correct information needed by each party.]]>
<![CDATA[AKIBAT HUKUM TERHADAP PERATURAN DESA YANG MENGANDUNG CACAT FORMIL DAN MATERIL DALAM PROSEDUR PEMBUATANYA ]]>
<![CDATA[Oktarina, Evi]]>
<![CDATA[ Justici Vol 17 No 1 (2024): Justici ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas IBA Palembang ]]>
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DOI: 10.35449/justici.v17i1.771
<![CDATA[Abstract Village regulations are formed in the framework of implementing village government, thus village regulations must be a further elaboration of higher statutory regulations and must not conflict with public interests and/or higher statutory regulations, and must pay attention to socio-cultural conditions of local village communities, in an effort to achieve long-term, medium-term and short-term goals of government, development and community services. The problem that the author addresses in this article is the legal consequences of village regulations that contain formal and material defects in the procedures for making them. Legal Consequences of Village Regulations that contain formal and material defects in the procedures for making Village Regulations can be canceled if they do not fulfill the material content of a statutory regulation]]>
<![CDATA[KEJAHATAN DUNIA MAYA (CYBERCRIME) DALAM PRESFEKTIF HUKUM ISLAM DAN HUKUM POSITIF INDONESIA ]]>
<![CDATA[Fitri, Aidil]]>;
<![CDATA[Yusi, Suryani]]>
<![CDATA[ Justici Vol 17 No 1 (2024): Justici ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas IBA Palembang ]]>
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DOI: 10.35449/justici.v17i1.773
<![CDATA[Abstract The rise of Cyber Crime with increasing technology which will cause a lot of harm to society must be accompanied by more massive law enforcement. Cybercrime, also known as cybercrime, is a form of crime that occurs in cyberspace via computers, mobile devices and internet networks. Cybercrime can attack anyone, not only individuals in society, but also government organizations. This action is very dangerous, so that it is not only regulated in Indonesian positive law, in Islam this action is a crime because it is an act of damage that harms many people.]]>
<![CDATA[SANKSI HUKUM TERHADAP PELANGGARAN KODE ETIK ANGGOTA POLISI YANG MELOLOSKAN TAHANAN ]]>
<![CDATA[Maidianti, Silfy]]>;
<![CDATA[Liza Nofianti]]>
<![CDATA[ Justici Vol 17 No 1 (2024): Justici ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas IBA Palembang ]]>
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DOI: 10.35449/justici.v17i1.774
<![CDATA[Abstract In several cases of violations, it was not only the general public who became perpetrators but also members of the Police who were involved in violations. Violations committed by members of the Police are included in violations of the Disciplinary Regulations and the Professional Code of Ethics for the Indonesian National Police. In fact, in the field there are still many violations committed by members of the National Police, this has had an impact on the creation of negative public opinion and the emergence of a bad image and antipathy from the community, so that the implementation of tasks in the field cannot be carried out optimally due to lack of support and a sense of public distrust of the Police. One of the acts of abuse of authority by the police is to release prisoners. This research is a doctrinal legal research that not only takes inventory of primary materials in the form of legislation, then organizes them into a collection that facilitates retrieval, but also collects secondary legal materials. The data analysis method used is descriptive analysis. The conclusion obtained is, if the police deliberately release detainees without a valid reason in carrying out their duties, they can be subject to criminal sanctions as stipulated in Article 426 of the Criminal Code.]]>
<![CDATA[KONSEP HUKUM PERDATA TERHADAP PERUSAHAAN YANG MEMBAYAR UPAH DI BAWAH STANDAR UPAH MINIMUM KOTA PALEMBANG MENURUT UNDANG-UNDANG NOMOR 6 TAHUN 2023 TENTANG CIPTA KERJA ]]>
<![CDATA[Erniwati, Erniwati]]>;
<![CDATA[Jhoni, Jhoni]]>
<![CDATA[ Justici Vol 17 No 1 (2024): Justici ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas IBA Palembang ]]>
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DOI: 10.35449/justici.v17i1.775
<![CDATA[ABSTRACT Determination of the right to wages for workers or laborers in Law no. 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law is determined on the basis of units of output and units of time. Wages are important because wages are the main goal for workers/laborers in carrying out their work. Therefore, the government is also involved in dealing with wage problems. Workers/laborers will work well if they get good wages, therefore, in order for workers to be more productive, there needs to be good wages, so the role of law is very important, namely ensuring protection, especially in terms of providing wages for workers. The research in this paper is normative juridical research. Normative legal research or normative juridical research is library legal research carried out by examining library materials or secondary data. The results of this discussion both support and criticize the government's efforts to establish wage policies as an effort to realize the rights of workers/laborers to a decent living for humanity and is involved in ensuring the provision of legal sanctions for entrepreneurs who violate the laws and regulations in employment.]]>
<![CDATA[SANKSI PIDANA TERHADAP BADAN USAHA YANG MENGANGKUT MINYAK BUMI TANPA MEMILIKI IZIN USAHA PENGANGKUTAN ]]>
<![CDATA[Hartika Sari, Juniar]]>
<![CDATA[ Justici Vol 17 No 1 (2024): Justici ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas IBA Palembang ]]>
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DOI: 10.35449/justici.v17i1.776
<![CDATA[ABSTRACT Oil and Natural Gas are one of the greatest natural resources owned by Indonesia. Mining, Indonesia produces Oil and Natural Gas which are strategic natural resources that are renewable (exhausted) and are vital commodities that affect the lives of many people. This commodity also has an important role in the national economy so that its management must be able to optimally provide prosperity and welfare for the people. As legal research carried out by reviewing library data, the research I conducted is Normative legal research. The normative legal research examined is only library materials or secondary data which may only include primary, secondary and tertiary legal materials. Sanctions for business entities that transport petroleum without a business permit are regulated in Article 56 of Law No. 22 of 2001, namely a fine plus one third of the basic penalty. Referring to Article 30 paragraph (2) of the Criminal Code, if a business entity that has been proven to have committed a criminal offense does not pay the fine, it is replaced with imprisonment, but what happens if the business entity does not pay the fine, what kind of sanctions can be applied.]]>
<![CDATA[IMPLEMENTASI PRINSIP KEHATI-HATIAN DALAM PERJANJIAN KREDIT MELALUI AFLIKASI PAY LATER ]]>
<![CDATA[Husnaini, Husnaini]]>
<![CDATA[ Justici Vol 17 No 1 (2024): Justici ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas IBA Palembang ]]>
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DOI: 10.35449/justici.v17i1.777
<![CDATA[ABSTRACT Discussing fintech is not far from the development of e-commerce, business competition in the digital world is increasingly high, people prefer to shop or make transactions via applications. The two applications depend on each other to provide the best services and facilities for their users. This is what makes fintech applications develop financial technology features to become more varied. For example, the availability of short-term financing or commonly known as PayLater. The research method that the author uses in this research is normative legal research. Normative research is something that is done by studying, examining problems, and exploring or examining the norms and rules that apply in relation to the problem being researched. The regulations are contained in the Financial Services Authority Circular Letter Number 18/SEOJK.02/2017 concerning Information Technology Risk Management and Governance in Information Technology-Based Money Lending and Borrowing Services in Chapter V in paragraph 4 letter a.]]>
<![CDATA[KEABSAHAN DOKUMEN ELEKTRONIK DI DALAM TRANSAKSI BISNIS SECARA ELEKTONIK ]]>
<![CDATA[Agustina, Sakinah]]>;
<![CDATA[Dewi Pratiwi, Meirina]]>
<![CDATA[ Justici Vol 17 No 1 (2024): Justici ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas IBA Palembang ]]>
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DOI: 10.35449/justici.v17i1.778
<![CDATA[ABSTRACT In buying and selling transactions via the internet, it does not rule out the possibility of various unlawful acts occurring, causing losses to other parties. Therefore, it is necessary to think about a solution in the form of legal action that can be taken for an unlawful act that occurred in a buying and selling transaction via the internet. In this way, cases like this can still be resolved legally, so that there is no legal vacuum which could ultimately lead to even greater losses. The type of research that the author uses is normative juridical, namely a method that focuses on research on library data, or secondary data through legal principles and legal comparisons. The authentication or validity of electronic documents and/or their printouts are valid legal evidence which can be seen from Articles 5, 6 and 7 of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions.]]>
<![CDATA[STATUS HARTA YANG DIBUAT DALAM PERJANJIAN PERKAWINAN BERDASARKAN PUTUSAN MK NO. 69/PU-XIII/2015 ]]>
<![CDATA[Rusmini, Rusmini]]>
<![CDATA[ Justici Vol 17 No 1 (2024): Justici ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas IBA Palembang ]]>
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DOI: 10.35449/justici.v17i1.779
<![CDATA[ABSTRACK A marriage agreement (huwdjiks or huwelijkse wourwaarden) is an agreement made by two people between a prospective husband and a prospective wife before the marriage takes place. The agreement is a guarantee of certainty so that in the future, if a divorce occurs, no one will be harmed and contains points agreed to by both parties. The approach method used is normative juridical. The purpose of the normative juridical approach is legal research that prioritizes a library approach. Analysis of the data used in this research was carried out descriptively analytically, namely describing the applicable laws and regulations in a comprehensive and systematic manner and then analyzing the problem solving. Every legal decision taken will of course have implications, as does Constitutional Court Decision No. 69/PU-XII/2015. The implications of a marriage agreement made after a marriage are closely related to the status of property and third parties. The status of property that occurs after the marriage takes place becomes separate.]]>
