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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.
Arjuna Subject : -
Articles 83 Documents
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Implementation Of The Pornography Law On Morality Crimes In Cibinong (Case Study Of Decision Number 136/Pid.B/2023/Pn.Cbi Fatih, Hanif Nur; Purwoto, Ady; Lestari, Nisa
JURNAL MAHASISWA YUSTISI Vol. 3 No. 2 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i2.1531

Abstract

This research examines the implementation of Law Number 44 of 2008 on Pornography in relation to morality crimes, with a case study focus on Decision Number 136/Pid.B/2023/PN.Cbi from the Cibinong District Court. The background of the study arises from the increasing misuse of information technology for distributing pornographic content, which violates moral norms and individual dignity, particularly affecting women. The aim is to analyze Indonesia's legal regulations on morality crimes under the Pornography Law and to review the judge’s legal considerations in the verdict. Using normative legal research methods with statutory and case approaches, data was collected through literature studies and analysis of court documents. The findings indicate that the defendant was proven to have violated Article 35 of the Pornography Law by secretly recording a victim while bathing and sharing the screenshots via WhatsApp status. The court sentenced the defendant to four years in prison and a fine of one billion rupiah. The verdict reflects the application of justice, utility, and legal certainty, although it does not fully embody a progressive legal protection approach for the victim. This study contributes to understanding the effectiveness of Pornography Law enforcement and highlights the need for a more responsive approach to handling technology-based morality crimes.
Criminal Law Enforcement Analysis Against Perpetrators of Illegal Lottery Gambling (Togel) in Parung Panjang District, Bogor Regency (A Study of Court Decision Number 257/Pid.B/2022/PN Cbi) Sipahutar, Muhammad Saut; Hartini, Sri; Lestari, Nisa
JURNAL MAHASISWA YUSTISI Vol. 3 No. 2 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i2.1546

Abstract

This study analyzes the enforcement of criminal law against offenders of illegal lottery gambling (togel) in Parung Panjang District, Bogor Regency, based on an evaluation of Court Decision Number 257/Pid.B/2022/PN Cbi. Togel is a form of illegal gambling that is widespread and has become a central focus of law enforcement efforts. The study emphasizes the legal enforcement process against togel offenders, encompassing the stages of investigation and inquiry by the police, prosecution by the public prosecutor, and judicial proceedings at the district court level. The findings indicate that the enforcement of the law against togel offenders has been carried out in accordance with existing legal provisions, including the application of the Indonesian Criminal Procedure Code (KUHAP) and other gambling-related legislation. The police serve as the frontline institution responsible for receiving public reports, conducting investigations, and identifying suspects involved in togel activities. The prosecution ensures the completeness of all case documents and forwards the matter to the court for trial. The judges, in turn, evaluate the legal facts and available evidence before rendering a verdict on the criminal offense. The study further reveals that, in adjudicating illegal lottery gambling cases, judges consider physical evidence, witness testimonies, the defendant’s confession, and both aggravating and mitigating circumstances. The principles of justice, proportionality, and humanity serve as fundamental foundations in the judicial process for prosecuting togel offenders.
The Application of Criminal Sanctions Against Perpetrators of Unauthorized Distribution of Prescription Drugs (A Study of Court Decision Number 83/Pid.Sus/2023/PN Cbi) Clara Khairunnissa Paulida; Ady Purwoto; Ande Iman Ferrary
JURNAL MAHASISWA YUSTISI Vol. 3 No. 2 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i2.1549

Abstract

The distribution of hard drugs without a permit is a criminal act that endangers public health and violates applicable legal provisions. This study aims to examine the effectiveness of the application of criminal provisions in Law Number 36 of 2009 concerning Health against perpetrators of the distribution of hard drugs without a permit, as well as to assess the independence of judges in making decisions based on Decision Number 83/Pid.Sus/2023/PN Cbi. The method used is normative juridical with a statutory approach, case approach, and conceptual approach. The analysis was carried out comparatively against Law Number 36 of 2009 and Law Number 17 of 2023 concerning Health. The results of the study indicate that the provisions in Article 197 of the 2009 Health Law are still relevant and effective in reaching perpetrators, even though there have been regulatory updates. In addition, judges are considered to have carried out judicial functions independently by considering legal facts and the principle of justice. This study emphasizes the need for consistency in law enforcement to provide proportional legal protection in the health sector.
Legal Responsibility Of Bpom In Monitoring Illegal Cosmetic Products (Case Study: Salmon Dna Product By Dr. Richard Lee) Hafizhah, Nur
JURNAL MAHASISWA YUSTISI Vol. 3 No. 2 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i2.1560

Abstract

This study examines the legal liability of the Indonesian Food and Drug Authority (BPOM) in supervising the circulation of illegal cosmetics in Indonesia, focusing on a case study of the Salmon DNA product by Dr. Richard Lee. The background of this research is based on the widespread distribution of illegal cosmetics without marketing authorization, which endangers consumer safety, along with the rising trend of influencer-driven promotions on social media. The objective of this study is to analyze the forms of legal protection provided to consumers and to evaluate the supervisory role of BPOM in addressing such violations. This research employs a normative juridical method with a qualitative approach through literature review, analysis of statutory regulations, legal literature, and BPOM reports. The findings reveal that BPOM possesses sufficient legal instruments and authority to carry out both preventive and repressive supervision; however, its effectiveness is still hindered by limited resources, rapid technological advancements that accelerate the distribution of illegal products, and low consumer awareness. The Salmon DNA case study exposes violations related to the marketing authorization concerning the use of injection methods that do not comply with regulations. The recommendations proposed include the need to enhance public education, strengthen cross-sectoral coordination, and enforce stricter legal measures to minimize consumer risks and reinforce legal protection. This research is expected to contribute valuable input for the development of cosmetic supervision policies in Indonesia.
Legal Protection For Buyers When The Seller’s Party Is Unknow In The Transfer Of Land Rights (Study Of Decision Number 20/Pdt.G/2023/PN Tgt) Anarki Soffanda, Cikal; Purwaningsih, Prihatini
JURNAL MAHASISWA YUSTISI Vol. 3 No. 2 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i2.1561

Abstract

This research is motivated by the large number of perpetrators of human trafficking crimes committed by prostitution in contract marriages, this incident was carried out in Puncak Cisarua Bogor between Foreign Citizens and Indonesian Citizens. This is done in order to gain benefits for both the victim and the perpetrator, the results of which will be divided in two, this action is often carried out by someone either for primary income or additional income. This study aims to determine how the law is enforced for the crime of human trafficking in contract marriages and how the judge's decision is considered against the crime of human trafficking in contract marriages. This study uses a qualitative method, namely based on data obtained and reviewed systematically, systematically and statistically based on data that has been obtained from the decision. In the trial process, evidence, facts and everything related to the case of human trafficking in contract marriages will be tested with the aim of determining how someone is motivated to commit the act and how the law is enforced and whether the perpetrator receives a commensurate punishment in accordance with Law of the Republic of Indonesia No. 21 of 2007 concerning the Eradication of the Crime of Human Trafficking. Based on the results of the research in the case study, the verdict shows that the defendant O. Nurmalasari Alias Ebeh Alias Enur Binti Ahmad is guilty of committing the crime of human trafficking as stated in the provisions of Article 2 Paragraph (1) and (2) of Law No. 21 of 2007 concerning the Eradication of the Crime of Human Trafficking. Therefore, the results of the verdict state that the perpetrator is proven guilty and is sentenced to a criminal penalty of 4 (four) years in prison with a fine of Rp. 150,000,000 (One Hundred and Fifty Million Rupiah) subsidiary to 4 (four) months in prison.
Juridical Analysis Of The Pre-Trial Decision On The Criminal Act Of Assault (Case Study of Decision Number 06/Pid.Prap/2016/PN.Kpg.) Pebrian, Mahesa Tezar; Mustika, Desty Anggie; Ferrary, Ande Aditya Iman
JURNAL MAHASISWA YUSTISI Vol. 3 No. 2 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i2.1573

Abstract

This study analyzes pre-trial proceedings as a vital instrument in the Indonesian criminal justice system, especially after its scope was expanded by the Constitutional Court. The examination of Decision Number 06/Pid.Prap/2016/PN.Kpg. is relevant for understanding how pre-trial judges apply limitations on their authority in reviewing the legality of investigation processes related to criminal acts of battery and maintaining a balance between law enforcement and the protection of individual rights. This research employs a normative juridical method, focusing on document study. Data was collected through the review of primary legal materials, such as the Criminal Procedure Code (KUHAP) and the subject decision, as well as secondary legal materials including legal theories, doctrines, and relevant literature. Data analysis was conducted qualitatively, interpreting and drawing conclusions on the legal implications of the decision, and identifying the consistency of the ruling with prevailing legal principles. The research findings indicate that the pre-trial judge in Decision Number 06/Pid.Prap/2016/PN.Kpg. consistently upheld the limits of pre-trial authority. The judge rejected the petition that sought to challenge the substantive merits of the battery case, focusing instead on the formal aspects and the sufficiency of preliminary evidence in the suspect’s designation. This rejection affirms that pre-trial proceedings are not a forum for adjudicating the substance of a case, but rather an essential procedural control mechanism to ensure legal certainty and protect individual human rights throughout every stage of the criminal process.
The Implication Of The Land Registration Program On Agrarian Reform In Kalongliud Village, Nanggung Subdistrict, Bogor Regency Kalbu, Ahmad Buhaeri; Purwaningsih, Prihatini; Aminda, Annisa
JURNAL MAHASISWA YUSTISI Vol. 3 No. 2 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i2.1575

Abstract

This research examines the impact of the land registration program within the framework of agrarian reform in Kalongliud Village, Nanggung Subdistrict, Bogor Regency. Land registration, as a crucial component of agrarian reform, is evaluated in terms of its effects on legal certainty, economic welfare, and social justice related to land tenure and utilization. The land registration program provides legal guarantees through land certificates, which serve as valid proof of ownership, thereby reducing the potential for land disputes and enhancing the sense of security among community members. Additionally, land registration increases the economic value of land, facilitates access to business capital, and improves the economic well-being of the community—aligning with the objectives of agrarian reform. However, residents who have not participated in the land registration program express concerns due to the lack of legal certainty. Consequently, land registration plays a pivotal role in achieving the goals of agrarian reform in Kalongliud Village.
Mechanism Of Land Right Transfer In Sale And Purchase Agreements (Study At The Notary And PPAT Office Dewi Faraditha, S.H., M.Kn, Bogor Regency) Haryanto, Tasya Annisa; Purwaningsih, Prihatini
JURNAL MAHASISWA YUSTISI Vol. 3 No. 2 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i2.1576

Abstract

The transfer of land rights through sale and purchase is one of the most common forms of rights transfer in land practice in Indonesia. However, in practice, various administrative and legal issues often arise, particularly related to procedures and document validity. This research aims to analyze the mechanism of land rights transfer in sale and purchase agreements conducted by the Notary Office and Land Deed Official (PPAT) Dewi Faraditha, S.H., M.Kn in Bogor Regency, as well as to identify the obstacles encountered and the solutions applied. The research method used is empirical juridical with a qualitative approach, where data is obtained through literature study and direct interviews with relevant parties. The research results show that the mechanism for the transfer of land rights at the PPAT office has followed the procedures as regulated in Government Regulation Number 24 of 1997 concerning Land Registration, which includes certificate verification, the creation of sale and purchase deeds, tax payment, and the name transfer process at the land office. The obstacles faced include discrepancies between physical and juridical data, administrative delays, and a lack of legal understanding from the parties involved. The resolution carried out by the PPAT and the agency involves conducting a thorough document verification and providing legal assistance to the parties involved. Thus, the role of notaries and PPAT is crucial in ensuring legal certainty in land sale and purchase transactions.
Special Protection for Perpetrators Underage Crimes Legal System International Criminal Law System Lubis, Ade Rizky; Daming, Saharuddin; Purwaningsih, Prihatini
JURNAL MAHASISWA YUSTISI Vol. 3 No. 2 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i2.1581

Abstract

This research discusses the special protection for underage offenders in the international criminal law system. The main focus of this study is how international legal instruments, such as the Convention on the Rights of the Child and the Beijing Rules, regulate such protection and its implementation in various countries. Using a normative legal research method with statutory, conceptual, and comparative approaches, this study analyzes the relevant legal rules and judicial practices. The results show that the international criminal law system emphasizes the principles of rehabilitation, diversion, and the prohibition of severe punishment for children. However, the implementation of these policies still varies, so legal harmonization and stricter supervision are needed. This research is expected to contribute to the strengthening of child protection policies in the criminal justice system and become a reference for policy makers to create a more humanist legal system. This research aims to analyze the special protection of underage offenders in the international criminal law system. Crimes committed by children have become an important concern in international law, especially after the recognition that children require greater protection due to their vulnerable status. The international criminal law system, which includes instruments such as the UN Convention on the Rights of the Child and the Statute of the International Criminal Court (ICC), regulates the protection of juvenile offenders. The study examines the implementation of child offender protection policies in several countries, including treaties, conventions and international court decisions. The results show that while the protection of juvenile offenders is widely provided for in international law, effective implementation is hampered by various challenges, including domestic policy incompatibilities and limited resources. Therefore, further efforts are needed to ensure more optimal implementation of protection for minor offenders at the international level.
Criminal Law Enforcement in the Military Againts Same-sexual Assault Perpertators Within the National Armed Forces (Decision Number 67K/Mil2021) Hari, Tour Dini; Purwoto, Ady; Ferrary, Ande Aditya Iman
JURNAL MAHASISWA YUSTISI Vol. 3 No. 2 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i2.1595

Abstract

Military criminal Law plays an important role in maintaining discipline, moralty, and honor within the Indonesia National Armed Forces (TNI). One of the serious Violations of concern is acts of sexual misconduct, including same-sexual misconduct. The handling of such cases involves not only legal aspects but also ethical values and military discipline. This study analyzes how military criminal law, particular within the scope of the Military Penal Code (KUHPM) and Law Number 25 0f 2014 on Military Disciplen law, regulates and prosecutes perprtrators of same-sexsual misconduct within the TNI. The research method used is normative juridical with a qualitative approach to relevant cases. The findings indicate that akthough legal provisions are already in place, law enforcement still faces obstacles, both due to the closed nature of military culture and the lack of protection for victims. Therefore, there is a need to raise awareness among TNI members to create a more professional military environment and to uphold the good name of the Indonesia National Armed Forces

Page 7 of 9 | Total Record : 83

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