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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 14 Documents
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Search results for , issue "Vol. 4 No. 1 (2026)" : 14 Documents clear
Reconstruction of Islamic Family Law Based on Qawāʿid Maqāṣidiyyah: Strengthening Gender Justice and Child Protection in the Modern Legal System Arif, Nurhilal Nazri; Alwi, Rahman
JURNAL MAHASISWA YUSTISI Vol. 4 No. 1 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i1.2507

Abstract

The reform of Islamic family law faces significant challenges in achieving gender justice and child protection, particularly in issues of divorce, child custody (ḥaḍānah), and wives’ rights. The predominance of normative fiqh approaches often fails to adequately respond to contemporary social dynamics and the demand for substantive justice within modern legal systems. This article aims to reconstruct Islamic family law by positioning qawāʿid maqāṣidiyyah as a methodological framework for legal reform. This study employs normative legal research with conceptual and philosophical approaches, examining the principles of maqāṣid al-sharī‘ah, especially justice (al-‘adl) and public interest (maṣlaḥah), and their relevance to gender justice and child protection. The findings indicate that the application of qawāʿid maqāṣidiyyah such as al-ḍarar yuzāl, ḥifẓ al-nasl, and taṣarruf al-imām manūṭun bi al-maṣlaḥah provides a robust foundation for reconstructing Islamic family law in a more responsive, contextual, and child-centered manner. This article argues that the reform of Islamic family law should move beyond purely normative reinterpretation toward a systematic maqāṣid-based approach to ensure the protection of women’s and children’s rights within modern family law systems.
Towards A Progressive Health Law Paradigm: A Philosophical And Juridical Reconstruction Of The Informed Consent Concept In Indonesia Hertanto, Yudhi
JURNAL MAHASISWA YUSTISI Vol. 4 No. 1 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i1.2508

Abstract

The implementation of the informed consent doctrine in Indonesia is frequently trapped in rigid administrative texts and juridical formalism, which consequently overlooks the essence of patient autonomy. The enactment of Law Number 17 of 2023 concerning Health necessitates a conceptual repositioning of medical treatment consent. This study aims to reconstruct the concept of informed consent through the lens of Progressive Law and Bioethics to establish a balance between patient autonomy and legal certainty for medical practitioners. Utilizing a normative juridical research method with statute and conceptual approaches, this study examines the shift from a paternalistic paradigm to an educational-contractual relationship. The findings indicate that legal reconstruction must position informed consent as a continuous ethical communication process rather than a mere signing of a form. While Law No. 17 of 2023 strengthens transparency, it requires the integration of humanitarian values to minimize medical disputes and malpractice cases, which have increasingly appeared in mass media.
Assessing The Legal And Human Rights Validity Of Applying The Death Penalty For Serious Child Sex Offenders Saharuddin Daming; Mufidatul Husna; Chika Fadilah
JURNAL MAHASISWA YUSTISI Vol. 4 No. 1 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i1.2520

Abstract

The increase in the cases and severity of child molestation by predators has attracted public concern. Public to promote law enforcers to apply the death penalty for perpetrators of serious sexual crimes against children to create a deterrent effect. Unfortunately, this public aspiration was rejected by the Indonesian National Human Rights Commission and the Bandung district court on the grounds that the death penalty is contrary to human rights and violates the 1945 Constitution. This research uses an interdisciplinary legal method, combining doctrinal and sociolegal research. This study aims to examine the validity of the law as well as human rights principles and norms against the rejection and acceptance of the death penalty in Indonesia. The results showed that law enforcement and human rights instituted by the special courts for perpetrators of serious sexual crimes against children are not in line with the elements of legal validity and human rights.
Legitimacy Of Presidential Election Results Due To Court Decision Conflict Saharuddin Daming; Mufidatul Husna; Safira Adhwa Ibrani
JURNAL MAHASISWA YUSTISI Vol. 4 No. 1 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i1.2521

Abstract

This research aims to determine the legitimacy of the 2019 Presidential Election results in Indonesia in accordance with the Supreme Court’s decision Number 44 P/PHUM/2019 dated October 28, 2019, which annulled Article 3 Paragraph (7) of the General Elections Commission Regulation Number 5 of 2019 regarding the requirements for presidential and vice president candidacies. The Supreme Court's decision material contradicts law No.50/PUU-XII/2014 of the Constitutional Court, which is the basis for the publication of the General Elections Commission Regulation No. 5 of 2019. This contradicting law by the Constitutional and Supreme Courts is a challenge for Indonesia as a state because both have an equal footing to enforce justice due to conflicts associated with general elections. Unfortunately, the decisions of the two courts sometimes overlap in exercising their authority for Judicial Review. One of the problems that arise is whether the conflicting decisions of the Constitutional and Supreme Courts imply the legitimacy of the presidential election results. Another is determining the form of position and legal force in the interpretation of the Constitutional Court as the basis for the legitimacy of the Presidential Election results. However, the political reality and wisdom of Indonesian democratic constitutionalism show that the conflicting decisions of the Constitutional and Supreme Courts do not imply the legitimacy of these results. This is because the 1945 Constitution gives legal force to the Constitutional Court as an interpreter of the Erga Omnes principle. Therefore, to prevent similar conflicts in the future, the decisions of the two courts need to be synchronized to avoid legal dualism and uncertainty. In addition, the constitution and the election law need to be revised.
The Protection of Consumer Rights of BPJS Health Patients in the Perspective of Civil Law Triani Indah Pawening; Ady Purwoto; Desty Anggie Mustika
JURNAL MAHASISWA YUSTISI Vol. 4 No. 1 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i1.1534

Abstract

The National Health Insurance Program (JKN), administered by BPJS Health, aims to provide equitable access to healthcare services. However, in practice, various issues still arise, such as service refusal, delays in medical treatment, and discrimination against participants. This study aims to analyze the application of civil liability principles in the legal relationship between patients and healthcare providers, as well as to identify the forms of breach of contract (wanprestasi) that occur. The research method used is normative juridical with a literature study approach, including analysis of laws and regulations, legal doctrines, and case studies. The results show that although regulations exist to protect the rights of BPJS patients as consumers, the implementation remains weak, often resulting in rights violations that may lead to civil liability. This study concludes that strengthening legal protection through regulatory enforcement, enhanced supervision, and education for BPJS participants is urgently needed to ensure fair and accountable healthcare services.
Socio Juridical Review Of Effectiveness Fulfillment Of Passengers Security And Safety Rights In Feeder Bus Services (Study At The Pakuan Regional Public Transportation Company, Bogor City) Garnes Revina Cahya; Saharuddin Daming; M. Mova Al Afghani
JURNAL MAHASISWA YUSTISI Vol. 4 No. 1 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i1.1817

Abstract

The issue of passengers' security and safety rights when using public transportation has recently become an important matter to study considering the many cases of disturbances to passenger security and safety ranging from harassment, theft to accidents involving public transportation. Safety and security are rights that must be given to passengers, as well as the responsibility of transport companies as mandated in the provisions of article 141 paragraph (1) of the Road Transport Traffic Law. The aim of this research is to determine the effectiveness of fulfilling security and safety rights carried out by the Pakuan Regional Public Transportation Company, especially in the Feeder Bus Service and to analyze things that are supporting and inhibiting factors in fulfilling passengers' security and safety rights. This research uses qualitative methods with empirical juridical research and a socio-legal approach. The results of the research show that the Pakuan Regional Public Transportation Company has fulfilled its obligations to protect the security and safety rights of passengers. Apart from that, based on the survey results it can be seen that the fulfillment of passengers' security and safety rights is running effectively. However, supervision and evaluation are still needed to improve the services provided.
Effectiveness Of The Application Of Advocates' Immunity Rights Against The Crime Of Obstaclementation Of Investigations In Cases Of Corruption Criminal Acts Analysis of Constitutional Court Decision No. 26/PUU-XI/2013 Endang Mulyana; Sri Hartini; Ibrahim Fajri
JURNAL MAHASISWA YUSTISI Vol. 4 No. 1 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i1.1823

Abstract

Being an advocate is a noble profession (officium nobile), which not only has a role and function as part of law enforcement in the criminal justice system, but also dedicates its duties and responsibilities to the public interest, for the sake of upholding justice and truth, not merely for personal gain. Therefore, the Advocacy Profession must be carried out based on professionalism and in good faith, meaning carried out by prioritizing the realization of truth and justice. Although Advocates are protected by the right of immunity under Article 16 of Law No. 18 of 2003 concerning Advocates, which was later expanded by Constitutional Court Decision No. 26/PUU-XI/2013, where the right of immunity for Advocates applies in court and out of court, if an Advocate commits a violation of the law and/or commits an unethical act, neither the right of immunity nor the expanded meaning will be able to protect Advocates from legal entanglements, meaning Advocates do not have legal immunity. This research was conducted using a library research method with a normative juridical analysis approach to relevant laws and regulations with the focus of the analysis on the Constitutional Court Decision No. 26 / PUU-XI / 2013
Implementation Of Capital Punishment In The Corruption Criminal Acts Law From A Human Rights Perspective Wahyoe Hidayat; Desty Anggie Mustika; Ande Aditya Iman Ferrary
JURNAL MAHASISWA YUSTISI Vol. 4 No. 1 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i1.1845

Abstract

This thesis analyzes the implementation of capital punishment for the crime of corruption, specifically the embezzlement of social aid funds during a disaster, from a human rights perspective. The research is motivated by the massive phenomenon of corruption, which systematically deprives people of their basic rights, thus creating an urgency to provide a proportional legal response. The research method used is normative legal research, with a statute approach and a case study approach. The main data sources were obtained from legal regulations, such as Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption Crimes, as well as international human rights instruments. The analysis was further strengthened by studying relevant court decisions in corruption cases related to social assistance. Our study reveals that the corruption of social aid during times of disaster constitutes an extraordinary crime, one that directly inflicts suffering and infringes upon people's right to life. Article 2, Paragraph (2) of the Anti-Corruption Law establishes a firm legal foundation for the death penalty, framing it as a measure to protect human rights from this systemic threat. From the standpoint of criminal jurisprudence, this penalty is consistent with retributive theory, which seeks proportional retribution, as well as utilitarian theory, which focuses on delivering the strongest possible deterrent to discourage future offenses. This study concludes that capital punishment for corruptors of social aid during a disaster is not a violation of human rights, but rather a manifestation of the highest form of human rights protection. The right to life of the corruptor cannot be prioritized over the right to life, the right to food, and the right to welfare of the millions of citizens who have become victims. Therefore, the state is obligated to consistently and firmly impose maximum criminal sanctions, including the death penalty, as a concrete form of enforcing justice and protecting the human rights of all Indonesian people.
Implementation of Application for Change of Name Due to Change of Religion Based on Law Number 24 of 2013 concerning Population Administration (Study of Stipulation: District Court of Cibinong Number 87/Pdt.P/2024 PN Cbi) Suci Fatara Adhwa; Latifah Ratnawaty; Annisa Aminda
JURNAL MAHASISWA YUSTISI Vol. 4 No. 1 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i1.1862

Abstract

The application for name change due to religious conversion based on the Stipulation of Cibinong District Court Number 87/Pdt.P/2024/PN Cbi was filed by the applicant who wanted to change his name from Christian to a name that reflected his new identity as a Muslim, in line with his decision to embrace Islam. This name change was filed through a voluntary petition because it did not involve other parties who were legally disadvantaged. This study aims to analyze the procedure based on the population administration law and the extent to which the state provides protection for the right to identity and freedom of religion in the name change process. and to find out the legal considerations of judges in determining name changes due to religious conversion. The method used is normative juridical with statutory approach and case study. The results of the study show that the name change application must be based on a court decision as stipulated in Article 52 of Law Number 23 of 2006 concerning Population Administration which has been amended to Law Number 24 of 2013. The stipulation confirms that the positive law in Indonesia provides space and protection for the expression of beliefs through changes in legal identity, as long as it is done according to legal procedures. The state is obliged to respect and facilitate it as a form of juridical recognition of the personal rights of citizens to live life in accordance with their beliefs. This process also reflects the role of the judiciary in maintaining the balance between legal certainty, administrative order, and respect for human rights within the framework of the national legal system.
An Islamic Legal Perspective on Child Custody After Divorce Outside the Religious Court Miftahul Jannah; Erfandi Erfandi
JURNAL MAHASISWA YUSTISI Vol. 4 No. 1 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i1.1978

Abstract

In Islamic law, child custody (hadhanah) is the responsibility to care for, nuture, and educate a child, especially after a divorce. The main purpose of hadhanah is to ensure the welfare and protection of the child. This study aims to understand the phenomenon of child custody after divorce outside the religius court and the Islamic law perspective on child custody after divorce outside the religious court in Lamasi District, Luwu Regency. This research uses a qualitative method with a case study approach, interviuwing parents who are divorce and religious figures in Lamasi District, Luwu Regency. Data collection techniques include interviews and observation. Data analysis techniques use qualitative data analysis which consists of three main activities: data reduction, data presentation, data drawing or verifying conclusions. The research results show that: (1) The phenomenon of child custody after divorce outside the religious court in Lamasi District, Luwu Regency shows a tendency for case resolution post-divorce to occur outside formal legal institutions, especially the Religious Court. Many divorce couples prefer to setle child custody issues throught mutual agreement without going throught formal legal institutions. (2) The Islamic legal view on child custody (hadhanah) post-divorce outside the Religious Court is that custody remains the right of the mother. Islamic law empasizes the principle of benefit and the child’s best interest as considerations in determining who has the right to custody. Therefore, in cases of custody after divorce outside the Religious Court, if it does not contradict Islamic teachings and does not harm the child, the agreed-upon arrangements between the parents are valid as long as they align with the principles and provisions of Islamic law.

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