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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 8 Documents
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Search results for , issue "vol. 4 no. 2 (2026)" : 8 Documents clear
Juridical Review of Children as Perpetrators of Violence Resulting in Serious Injury (A Case Study of Court Decision Number 08/Pid.Sus/2015/PN.Dpu) Afifah; Sri Hartini; Ady Purwoto
JURNAL MAHASISWA YUSTISI Vol. 4 No. 2 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i2.1530

Abstract

This research aims to analyze criminal responsibility and judicial considerations in the case of a child perpetrator of violence causing serious injury, based on Court Decision Number 08/Pid.Sus/2015/PN.Dpu. The study applies a normative juridical method with a qualitative approach, examining secondary data such as legal statutes, legal doctrines, and court verdicts. The findings reveal that although all elements of the crime were proven legally, the implementation of diversion, as part of the restorative justice mechanism in the juvenile criminal justice system, was unsuccessful. The panel of judges still considered non-legal aspects such as the child's age, psychological condition, and social reports from the Correctional Center in delivering the sentence. The sanctions imposed, including imprisonment and work training, reflect an emphasis on the child's rehabilitation and protection. This study highlights the need for technical guidelines and a more substantive implementation of diversion practices.
Review Of The Niet Ontvankelijk Verklaard Decision And Its Implications For The Legal Protection Of The Parties In Investment Cases (188/Pdt.G/2024/Pn Bgr) Nanda Maghfira; Ibrahim Fajri; Annisa Aminda
JURNAL MAHASISWA YUSTISI Vol. 4 No. 2 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i2.1543

Abstract

Investment has an important role in driving economic growth in Indonesia, as one of the main pillars of the economic system. Investment not only provides opportunities for individuals to gain financial benefits but also contributes to the creation of jobs and the improvement of people's welfare. However, stock investments do not always go according to expectations especially when mistakes or violations of the law occur that can harm shareholders. In case Number 188/Pdt.G/2024/PN Bgr, where the lawsuit was declared Niet Ontvankelijk Verklaard due to a formal defect, namely the incompatibility of the name of the attorney. This raises questions about the legal basis for the decision and its implications for the legal protection of the parties. This research aims to analyze the legal basis used by the judge in declaring the lawsuit inadmissible and its legal consequences for legal protection in investment disputes. Using a normative juridical research method with a statute approach and case approach, this research examines regulations such as Article 118 HIR, Article 1365 of the Civil Code, and court decisions. The results showed that the judge based the decision on the inconsistency of the identity of the attorney, which was considered to violate the formal requirements, so that the lawsuit was not examined for substance. As a result, the plaintiff loses access to substantive justice, creates legal uncertainty, and has the potential to reduce investor confidence, which is contrary to the principle of investor protection in Law No. 25 of 2007. This research emphasizes the need for a balance between procedural formality and substantive justice.
Moral Paradox And Legal Pragmatism: A Multi-Analysis Of The Cooperating Accomplice (Justice Collaborator) In Indonesia Yudhi Hertanto; Ibrahim Fajri
JURNAL MAHASISWA YUSTISI Vol. 4 No. 2 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i2.3095

Abstract

The institution of the cooperating accomplice, universally known as the Justice Collaborator (JC), represents a crucial legal breakthrough in combating extraordinary crimes such as corruption, money laundering, and organized crime in Indonesia. However, its implementation triggers intense doctrinal debates because it entails granting legal incentives to criminal perpetrators. This study aims to analyze the existence and effectiveness of the JC through an interdisciplinary approach that integrates dogmatic-juridical, socio-legal, and philosophical perspectives. Employing a normative-empirical (socio-legal) research method alongside statutory, conceptual, and contemporary case approaches, this article dissects the structural tensions inherent in law enforcement. Juridically, the study reveals that regulatory overlaps between SEMA No. 4 of 2011 and Law No. 31 of 2014 generate operational uncertainty regarding the criteria for identifying the "main perpetrator." Sociologically, the JC institution directly collides with deviant subcultures and the code of silence (omertà) within criminal syndicates, wherein perpetrators experience an identity shift from transgressive actors to state collaborators driven by rational choice calculations (rational choice theory). Philosophically, a profound antinomy persists between absolute retributive justice, which demands proportional retribution, and legal utilitarianism, which prioritizes broader public utility. This study concludes that strengthening the JC institution requires the harmonization of sectoral regulations, more accommodative witness protective measures by the LPSK, and consistent judicial recognition to pierce the veil of corporate secrecy and corrupt bureaucracies within the contemporary landscape of national law enforcement.
Reformulation of Restitution Arrangements for Children Who Become Victims of Sexual Violence Crimes to Realize the Best Interest of the Child Muhammad Rendi; Rini Fathonah; Fristia Berdian Tamza
JURNAL MAHASISWA YUSTISI Vol. 4 No. 2 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i2.3103

Abstract

The principle of the best interest of the child requires that every legal policy place the best interests of the child as the primary consideration; however, the restitution arrangements for child victims of sexual violence crimes in Indonesia have not yet fully reflected this principle. This study aims to analyze restitution arrangements within Indonesian laws and regulations and to formulate a reformulation of legal policy that is more oriented toward victim recovery. The research method employed is normative juridical with statutory and case approaches, through an examination of the Child Protection Law, the Sexual Violence Crime Law, Government Regulation Number 43 of 2017, as well as relevant court decisions. The results of the study indicate that restitution has normatively been recognized as a victim’s right, yet its construction remains passive, procedural, and dependent upon applications submitted by victims or their companions. Such conditions have resulted in the minimal number of decisions containing restitution and demonstrate that the orientation of the judicial system still focuses more on punishing perpetrators rather than restoring victims. This study concludes that an urgent reformulation is necessary by transforming restitution into an active obligation of the state through mandatory claims by public prosecutors and the authority of judges to impose it ex officio in order to realize effective legal protection for child victims.
Corporate Criminal Liability under Indonesia’s New Criminal Code: A Normative and Implementation-Based Approach Laila Uswatun Chasanah; Kahfi Arif Suryadi; Hendi Budiaman; Fadhil Muhammad; A. Rachmat Wirawan
JURNAL MAHASISWA YUSTISI Vol. 4 No. 2 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i2.3130

Abstract

Corporate criminal liability has become increasingly significant in Indonesia following the enactment of Law No. 1 of 2023 on the Criminal Code, which formally recognizes corporations as subjects of criminal law and establishes a more comprehensive framework for attributing criminal responsibility to corporate entities. This study aims to analyze the normative construction of corporate criminal liability under the new Criminal Code and examine its potential implementation within Indonesia’s criminal justice system. This research employs a normative juridical method using statutory and conceptual approaches, with primary and secondary legal materials analyzed qualitatively. The results demonstrate that the new Criminal Code strengthens the legal foundation for corporate criminal liability by regulating the conditions for attributing criminal acts to corporations, identifying parties who may bear responsibility, and providing corporate-specific sanctions. Nevertheless, its implementation may encounter challenges concerning attribution of fault, identification of responsible corporate actors, evidentiary standards, and consistency among law enforcement authorities. The study concludes that effective corporate criminal liability requires coherent judicial interpretation, clear enforcement guidelines, and strengthened institutional capacity to ensure legal certainty, proportionality, and effective deterrence of corporate crime.
Reconstructing the Authority for Managing Seized Assets and State-Confiscated Property under Presidential Regulation No. 155 of 2024 Yabes Marlobi Sirait; M.J. Saptenno; A.D. Bakarbessy
JURNAL MAHASISWA YUSTISI Vol. 4 No. 2 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i2.3131

Abstract

The management of seized assets and state-confiscated property constitutes an essential component of Indonesia’s criminal justice system, particularly in ensuring legal certainty, accountability, asset preservation, and the effective execution of court decisions. Presidential Regulation No. 155 of 2024 introduces an important institutional development by restructuring the authority and organizational framework related to the management of seized and confiscated assets. This study aims to analyze the reconstruction of such authority and examine its implications for institutional coordination and asset-management effectiveness. The research employs a normative juridical method using statutory and conceptual approaches, focusing on the relevant regulatory framework governing seizure, confiscation, storage, administration, and disposal of assets. The study finds that the reconstruction of authority requires a clear distribution of institutional responsibilities, integrated asset administration, strengthened supervision, and effective coordination among law-enforcement institutions. Presidential Regulation No. 155 of 2024 provides a significant foundation for improving governance, although its implementation requires regulatory harmonization and institutional consistency. The study concludes that an integrated and accountable management framework is necessary to prevent overlapping authority, preserve asset value, and strengthen legal certainty in managing seized assets and state-confiscated property.
The Division Of Husband–Wife Roles In Pottery-Crafting Families: A Mubādalah Perspective On Family Relations In Sitiwinangun, Cirebon Fitri Nurajizah; Edy Setyawan; Asep Saepullah
JURNAL MAHASISWA YUSTISI Vol. 4 No. 2 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i2.3183

Abstract

The division of roles between husbands and wives is an important issue in contemporary family life, particularly in households whose economic activities are carried out jointly. In pottery-crafting families, productive activities are often closely connected with domestic responsibilities, creating diverse patterns of husband–wife relations. This study examines the division of roles between husbands and wives in pottery-crafting families in Sitiwinangun Village, Jamblang District, Cirebon Regency, from the perspective of Mubādalah. This study employs a qualitative field-research approach. Data were collected through observation, in-depth interviews, and documentation involving four pottery-crafting families as research subjects. The analysis uses Scanzoni’s theory of family relations to identify patterns of husband–wife relationships and the Mubādalah approach to assess reciprocity, equality, mutuality, deliberation, and shared responsibility within family life. The findings reveal four patterns of husband–wife relations. The Marini–Dija family reflects a senior–junior partner pattern, the Kadmiya–Carini family reflects an owner–property pattern, the Jaji–Maya family reflects a head–complement pattern, and the Rasiti–Ukata family reflects an equal-partner pattern. The findings further indicate that women’s participation in economic activities does not automatically produce equality in family relations. Equality is more strongly influenced by the distribution of domestic and productive responsibilities, economic decision-making, and the extent to which important family matters are determined through deliberation. From the Mubādalah perspective, the equal-partner pattern most clearly reflects the principles of mutuality and reciprocity because productive, domestic, and decision-making responsibilities are negotiated according to the capacities and circumstances of both spouses. The study concludes that strengthening reciprocal husband–wife relations requires not only recognition of women’s economic contributions but also shared responsibility and consistent deliberation in family decision-making.
Sharia Compliant Factoring as an Instrument for Mitigating Hospital Liquidity Crises: A Juridical Analysis of the Hawalah bil Ujrah Scheme for BPJS Kesehatan Claim Receivables Cintya Agustina Yuristasari; Muhammad Ma'rur; Moh. Zunaidi Halimi; Anggit Wasesa Praja; Anisa Al Azizi
JURNAL MAHASISWA YUSTISI Vol. 4 No. 2 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i2.3204

Abstract

The liquidity crisis faced by hospitals in Indonesia, caused by delayed and uncertain payment of BPJS Kesehatan claims, necessitates a financing instrument that is both effective and sharia-compliant. The hawalah bil ujrah scheme has been proposed as a solution for sharia-compliant factoring; however, its application to BPJS Kesehatan claim receivables raises three unresolved legal issues: the conformity of the contractual object with the dayn thabit (certain and fixed debt) requirement, the construction of the tripartite legal relationship among hospitals, Islamic financial institutions, and BPJS Kesehatan, and the legal protection of the parties following the assignment of the receivable. This study aims to analyze the juridical validity of applying hawalah bil ujrah to such claim receivables and to formulate an appropriate legal construction and regulatory direction. The study employs a normative juridical method with statutory, conceptual, and comparative approaches, analyzed through content analysis techniques. The findings indicate that, at the time of assignment, BPJS Kesehatan claim receivables fall within the category of dayn ghair mustaqir (unsettled debt), thereby posing a potential violation of the thubut (certainty) requirement, unless the assignment is confined to the portion of claims that has passed preliminary verification. The tripartite relationship within this scheme is likewise of a mixed civil-law and public-administrative nature, and is more accurately construed as hiwalah muqayyadah (restricted debt transfer). The study concludes that the scheme remains viable for implementation, provided it is accompanied by a restriction on the object of the contract, strengthened risk-allocation clauses, technical regulation on assignment notification, and a sharia-arbitration-based dispute resolution mechanism.

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