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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 106 Documents
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A Juridical Review of Legal Protection for Workers within the Social Security System in Indonesia Shashia Andini Kristianto; Gunardi Lie
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.v4i1.2548

Abstract

Legal protection for workers within the social security system is one form of the state's responsibility in realizing societal welfare as mandated by the constitution. This research aims to analyze juridically the forms of legal protection for workers within the social security system in Indonesia and to examine the effectiveness of its implementation. The research method used is normative legal research with a legislative approach and a conceptual approach. The data sources used include primary, secondary, and tertiary legal materials that are analyzed qualitatively. The research results show that normatively, the legal protection of workers within the social security system has a strong legal basis. Guaranties designed to provide comprehensive protection against various risks faced by the workforce. However, in its implementation, there are still various obstacles, such as the low participation rate, especially in the informal sector, and the suboptimal law enforcement against employers who do not fulfilll their obligations. Based on these results, it can be concluded that although the labor social security system in Indonesia has an adequate legal framework, the effectiveness of legal protection still needs to be improved thru enhanced supervision, strict enforcement of sanctions, and increased awareness and compliance from all parties involved.
The Right to Legal Assistance for Correctional Residents at the Class I State Detention Center, Central Jakarta Hery Firmansyah; Diputra Syaban; Andrel Alshadad; Maria Magdalena Ina Reko; Siska Veronica Liu; Rieven Yehezkiel Nasari
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.v4i1.2570

Abstract

As a state based on the rule of law, Indonesia guarantees equality before the law, including the right of underprivileged citizens to obtain legal aid and legal assistance. In practice, many inmates at the Class I State Detention Center of Central Jakarta still lack understanding of their rights as suspects or defendants, particularly regarding legal representation in criminal proceedings. This activity aimed to improve inmates’ understanding of the right to legal assistance, the stages of criminal justice proceedings, and the importance of access to legal aid as part of the principles of access to justice and fair trial. The program employed an empirical field-based approach through observation, interviews, legal counseling, interactive discussions, and direct legal consultation at Rutan Salemba. The activity was conducted offline and involved lecturers, students, and legal practitioners. The results showed that the inmates demonstrated strong enthusiasm and active participation during the counseling sessions, particularly in the question-and-answer and legal consultation sessions. Participants gained a better understanding of defendants’ rights, objection procedures to indictments, and access to free legal aid. In addition, several concrete legal cases were identified for further legal assistance. This activity concludes that legal counseling and legal assistance in detention centers play an important role in enhancing inmates’ legal awareness and supporting the fulfillment of their constitutional rights within the criminal justice process.
Shadow Tax Phenomenon In Indonesian Tax Law: Analysis Of Non-State Levies In Residential Areas Aulia Salma Istisofani
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.v4i1.2580

Abstract

This study examines the phenomenon of shadow tax within the framework of Indonesian tax law, focusing on levies imposed by non-state entities in residential areas. The primary issue addressed is the legality of additional charges on clean water services that are unilaterally and coercively imposed by residential management bodies. Using a normative legal method combined with a case study approach, this research evaluates whether such practices comply with the principles and elements of taxation. The findings reveal that these levies substantively resemble taxes due to their mandatory nature, collective imposition, and recurring financial burden. However, they lack formal legitimacy because they are not based on statutory provisions as required under Article 23A of the 1945 Constitution of Indonesia. The layered cost structure (20%, 5%, and 5%) creates a double financial burden for residents and violates key principles of taxation, including legality, legal certainty, fairness, and utility. Therefore, such practices can be classified as shadow taxes, which harm the public and blur the boundaries between state authority and private actors in public revenue collection.
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.

Page 11 of 11 | Total Record : 106

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