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JURMA YUSTISI
Published by Universitas Ibn Khaldun Bogor
ISSN : -     EISSN : 30255309     DOI : https://doi.org/10.32832/jurmayustisi
Core Subject : Education, Social,
Education Law, Crime, Criminology & Criminal Justice
Yustisi Law Student Journal is a periodical Scientific Journal published by the Faculty of Law, Ibn Khaldun University of Bogor three times a year, namely in February, June and October. Yustisi Law Student Journal has a vision to become a leading scientific journal in disseminating and developing thoughts in the field of law. The editor of the Yustisi Law Journal, accepts Manuscripts of Research Articles, Review Articles and Book Review Articles that are in accordance with the systematic writing of the categories of each article that have been determined by the editor. The focus of this Journal is the Criminal Law Group, the Civil Law Group, and the Constitutional / State Administration Law Group.
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Articles 20 Documents
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Search results for , issue "Vol. 3 No. 1 (2025)" : 20 Documents clear
The Implementation of Community Learning Activity Center (PKBM) Program for Correctional Inmates at Class IIA Cibinong Correctional Facility Prakoso, Ario Dwi; Purwaningsih, Prihatini; Hartini, Sri
JURNAL MAHASISWA YUSTISI Vol. 3 No. 1 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i1.1462

Abstract

This study examines the implementation of the Community Learning Activity Center (PKBM) program for correctional inmates at the Class IIA Cibinong Correctional Facility. The study aims to explore the program's execution, its challenges, and possible solutions. Utilizing an empirical juridical approach, this research gathers data through observation and in-depth interviews. The findings highlight the significance of PKBM in improving the education and skills of inmates, the barriers faced during implementation, and the strategies employed to overcome them. Additionally, this study underscores the broader implications of inmate education for national development and crime prevention efforts.
The Role of Cibinong Class IIA Correctional Facility in Preventing Recidivism Afdal, Muhamad; Hartini, Sri; Fajri, Ibrahim
JURNAL MAHASISWA YUSTISI Vol. 3 No. 1 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i1.1463

Abstract

This study examines the efforts of the Cibinong Class IIA Correctional Facility in preventing recidivism among inmates through structured rehabilitation and reintegration programs. The research employs a juridical-empirical approach, utilizing qualitative data from primary sources such as interviews and observations, and secondary sources including legislation and prior studies. Results indicate that while the facility employs diverse programs aimed at rehabilitation, challenges such as overcrowding, limited resources, and societal stigma impede its effectiveness. Recommendations for improvement include enhanced funding, public education on reintegration, and increased collaboration with external stakeholders.
The Crime Of Cessie Forgery In Bank Fauzi, Muhammad Raka; Hilman, didi; Lestari, Nisa
JURNAL MAHASISWA YUSTISI Vol. 3 No. 1 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i1.1465

Abstract

Forgery, regardless of the situation or location within a country, constitutes a criminal act that is unequivocally subject to the prevailing legal regulations. This type of misconduct is frequently perpetrated by individuals prioritizing personal gain without considering the long-term consequences of their actions. One common form of forgery observed in the professional world is the falsification of cessie in banking institutions. Banks, being entities that extensively handle personal data such as identification and other sensitive information, are particularly vulnerable to exploitation by unscrupulous individuals. One example of this is the forgery of a bank product known as cessie. A cessie refers to a debtor's receivable that cannot be repaid or continued due to the inability to pay installments. The receivable is then transferred to a cessier or recipient who assumes responsibility for continuing the installment payments. Given such a susceptible situation, it becomes crucial for customers and the public to better understand the concepts involved in any dealings they undertake. Additionally, all parties involved must exercise greater caution and thoroughness to prevent such acts from being carried out by irresponsible individuals.
Implementation Of Drug Addict Rehabilitation Programs In Class IIa Cibinong Correctional Facility In 2023 Safrian, Muhamad; Hartini, Sri; Purwaningsih, Prihatini
JURNAL MAHASISWA YUSTISI Vol. 3 No. 1 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i1.1466

Abstract

The increasing trend of drug-related crimes in Indonesia necessitates effective rehabilitation programs for drug addicts. Those convicted of drug abuse must undergo rehabilitation in designated institutions, including correctional facilities. This study aims to analyze the implementation mechanism and the challenges of the rehabilitation program for drug addicts in Class IIA Cibinong Correctional Facility in 2023. Using a normative empirical research method, this study incorporates field and library research with a statutory approach. Data were collected through literature review and field studies and analyzed using descriptive analysis. Findings indicate that the rehabilitation mechanism follows the Minister of Law and Human Rights Regulation No. 12 of 2017, comprising screening, assessment, and rehabilitation services. However, significant challenges exist, including facility limitations, funding constraints, time constraints, and human resource shortages. Addressing these challenges is crucial to ensuring effective rehabilitation and reintegration of drug addicts into society.
The Role of Law in International Business Transactions in the Era of Free Trade Gunawan, Syahrana Kezia Anjunien
JURNAL MAHASISWA YUSTISI Vol. 3 No. 1 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i1.1490

Abstract

International trade is currently undergoing very significant progress, in line with the progress of the era of globalization. This condition allows people to meet their living needs not only from local sources, but also from various regions abroad. These developments provide the flexibility for the global community to choose trading partners and resources that it considers capable of meeting its needs. In this context, the role of law is vital in regulating cross-border business transactions, in order to ensure legal certainty, safeguard the rights and obligations of each party, and prevent legal conflicts from arising. Based on this, this study is intended to examine how the law plays a role in regulating trade flows through international business transactions in the midst of the era of free trade. The approach used in this study is the normative juridical method, which is a research method that focuses on the analysis of legal materials through literature studies. The legal sources used include laws and regulations, court decisions, and legal literature that is relevant to the subject of discussion. The principle of freedom in international trade must remain within the general legal framework that is the basis for the drafting of international contracts. Although the law governing international business transactions is included in the category of private law that gives the parties the flexibility to formulate the content of the agreement according to their respective interests, the transaction must still be subject to the provisions of international law and pay attention to the national legal regulations of each country involved. Thus, a deep understanding of the legal aspects of international business transactions is very important for business actors, so that they are able to adapt and compete optimally in the dynamics of the global market.
Analysis of Expropriation and Investment Dispute Resolution in the Case of Venezuela Holdings v. Venezuela (ICSID Case No. ARB/07/27) Suryani, Cendana
JURNAL MAHASISWA YUSTISI Vol. 3 No. 1 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i1.1491

Abstract

Foreign investment plays a crucial role in the global economy by driving economic growth and development in host countries. To protect foreign investors, many countries have signed Bilateral Investment Treaties (BITs) that regulate protection against both direct and indirect expropriation. Direct expropriation occurs when a state takes over or reduces the value of an investment directly, usually involving the transfer of ownership or rights over investor assets without adequate compensation. Under international law, expropriation must be conducted for a public purpose, be non-discriminatory, and be accompanied by fair compensation. The case of Venezuela Holdings v. Venezuela illustrates how the Venezuelan government, through nationalization in 2007, directly expropriated assets belonging to Mobil Corporation without offering compensation equal to fair market value. This case discusses the legality of expropriation, the amount of compensation owed, and the relevance of BIT provisions requiring host states to protect foreign investments. In this context, indirect expropriation — as seen in other cases — is also relevant, where government policies reduce investment value without direct asset seizure. As a result, BITs must balance host country interests with investor rights to ensure fair and transparent protection against nationalization or expropriation policies.
The Role of Arbitration and Mediation in Resolving Disputes Arising from International Business Transactions Lim, Grace Natalie
JURNAL MAHASISWA YUSTISI Vol. 3 No. 1 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i1.1492

Abstract

The resolution of disputes in international business transactions is a crucial aspect of maintaining stability and continuity in cross-border trade relations. Arbitration and mediation are the primary mechanisms frequently used due to their flexibility, efficiency, and neutrality compared to litigation in national courts. International arbitration provides legal certainty with binding decisions enforceable under the 1958 New York Convention, while mediation focuses on a compromise-based solution that preserves long-term business relationships. This article analyzes the effectiveness of both mechanisms in resolving international business disputes and examines the role of institutions such as the ICC (International Chamber of Commerce) and ICSID (International Centre for Settlement of Investment Disputes) in facilitating dispute resolution. Furthermore, this study highlights the challenges faced, including differences in legal systems, the enforcement of arbitration decisions, and the reluctance of parties to engage in mediation. The findings indicate that the choice between arbitration and mediation depends on the complexity of the dispute, the interests of the parties, and the need for legal certainty or negotiation flexibility. Therefore, a comprehensive understanding of arbitration and mediation is essential for international business actors to manage legal risks and ensure smooth cross-border transactions.
Blockchain in the Global Trade Ecosystem: Efficiency, Transparency, and Security Hartono, Margareta Kristiani
JURNAL MAHASISWA YUSTISI Vol. 3 No. 1 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i1.1493

Abstract

Blockchain is an innovative technology that has the potential to revolutionize the global trade ecosystem by providing unprecedented efficiency, transparency, and security. This article examines the role of blockchain in addressing the main challenges of international trade, such as complex bureaucracy, fraud risks, and lack of data visibility. Blockchain enables decentralized, permanent, and immutable data recording, thereby creating a more secure and trustworthy system. Through the implementation of smart contracts, this technology simplifies administrative processes such as export-import documentation, customs, and cross-border payments, ultimately reducing operational costs and speeding up transactions. Additionally, blockchain provides real-time product tracking from producers to end consumers, ensuring product authenticity and compliance with ethical and sustainability standards. However, despite offering significant benefits, the adoption of blockchain in global trade faces challenges such as non-uniform regulations, scalability limitations of the technology, and the need for high initial investment. This article not only identifies the potential of blockchain in enhancing international trade efficiency but also provides strategic recommendations to overcome these barriers. With proper implementation, blockchain can serve as a catalyst for transforming global trade into a more inclusive and sustainable system
A Legal Study on the Protection of Patents under International Intellectual Property Rights Sabrina, Najwa Maulida
JURNAL MAHASISWA YUSTISI Vol. 3 No. 1 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i1.1494

Abstract

The development of science and technology (science and technology) in humans causes everyone to compete to innovate to create new things that can be useful or functional for humans or can produce an item for commercial purposes. Intellectual Property Rights are any goods and rights that are controlled by property rights, this Intellectual Property Rights consist of 7 types, namely brands, copyrights, trade secrets, geographical indications, circuit layout designs including industrial design, and Patents. In each of these types the rules also protect each type of invention. In the field of technology, inventions will be protected by patents. There are problems that often arise related to patents internationally, especially regarding patent protection against uncertainty, international legal protection of patents and the interests of each party in patent problems nationally and internationally, as well as the form of firmness on foreign patents registered in Indonesia by understanding the obligations of the patent owner. Doctrinal law research methods. The author hopes that this article can fulfill the purpose of understanding the provisions regarding Patents not only nationally but also internationally. The results of the study show that Patent Protection is territorial which means that in one agreement it does not necessarily provide protection for other countries as a whole even though there is a convention that guarantees that a person will receive patent protection in each member state, but mechanically this PCT convention simplifies the process of patent protection internationally.
Analysis of Mandailing Natal District Court Decision Number 96/Pid.Sus/2022/Pn Mandailing Natal Against Illegal Gold Mining Perpetrators Sari, Wilda
JURNAL MAHASISWA YUSTISI Vol. 3 No. 1 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i1.1500

Abstract

The purpose of this research is to find out, understand and analyze the basis of the judge's considerations in determining guilt and determining the severity of the crime against the defendant for illegal gold mining in Mandailing Natal (Decision Analysis Number 96/PID.SUS/2022/PN MDL). The research method used is normative legal research with statutory, conceptual and case approaches. Types and sources of legal materials, namely primary, secondary and tertiary legal materials obtained by conducting document studies. Analysis of legal materials is carried out by interpretation. The conclusion from this research is that the judge's basis for determining the defendant's guilt is to prove the elements of the article contained in the alternative indictment. The consideration of the panel of judges in determining the severity of the crime against the defendant takes into account both juridical considerations and non-juridical considerations such as sociological considerations and considerations.

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