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Wahyu Nurul Hidayah
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Justicia Insight
Published by Lembaga Publikasi Ilmiah Nusantara
ISSN : -     EISSN : 30894115     DOI : https://doi.org/10.70716/justin
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Justicia Insight (JUSTIN) is an open access, and peer-reviewed journal, published by by Lembaga Publikasi Ilmiah Nusantara with the online registered number of E-ISSN 3089-4115. Our main goal is to disseminate current and original articles from researchers and practitioners on various contemporary law issues. It includes but is not limited to various fields such as philosophy and theory of law, comparative law, sociology of law, international law, constitutional law, private law, economic law, environmental law, criminal law, administrative law, cyber law, human rights law, and agrarian law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 15 Documents
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Implementasi Hak Imunitas Ombudsman Terhadap Usaha Franchisee Hartati, Nara; Hadi, Syamsul; Abdullah, Syifa
Justicia Insight Vol. 1 No. 1 (2024): Justicia Insight, November 2024
Publisher : Lembaga Publikasi Ilmiah Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/justin.v1i1.84

Abstract

This study aims to analyze the implementation of the immunity rights possessed by the Ombudsman in handling reports related to franchisee businesses and their impact on legal protection for the involved parties. The Ombudsman, as a public service supervisory institution, plays a strategic role in ensuring justice and accountability in the business sector, including franchisees. The immunity rights attached to the Ombudsman provide legal protection in carrying out its duties independently, but their implementation often faces challenges, particularly in cases involving business interests. The research employs a normative-juridical approach, analyzing laws and regulations, case studies, and interviews with relevant stakeholders. The findings indicate that the Ombudsman's immunity rights have been adequately implemented, although challenges remain, such as the franchisees' lack of understanding of the Ombudsman's functions and authority. This study recommends enhancing legal education for business actors and strengthening supervisory mechanisms to prevent potential abuse of immunity rights.
Implementasi Hak Imunitas Ombudsman: Kajian terhadap Gugatan di Pengadilan Tata Usaha Negara Mariyadi, Uswah; Moaht, Ortiz Saga
Justicia Insight Vol. 1 No. 1 (2024): Justicia Insight, November 2024
Publisher : Lembaga Publikasi Ilmiah Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/justin.v1i1.85

Abstract

The immunity rights of the Ombudsman represent a form of legal protection granted to this institution to maintain its independence and effectiveness in overseeing public services. However, the implementation of these immunity rights often becomes a point of contention when the Ombudsman faces lawsuits in the Administrative Court (PTUN). This study aims to analyze how the Ombudsman’s immunity rights are applied in handling lawsuits in the PTUN and to evaluate the extent to which existing legal provisions support or hinder their implementation. The research employs a normative juridical approach by examining legislation, court rulings, and relevant literature. The findings indicate that the Ombudsman’s immunity rights are explicitly regulated under Law Number 37 of 2008 concerning the Ombudsman of the Republic of Indonesia. However, in practice, misunderstandings frequently arise regarding the scope of this immunity, particularly in cases involving reports of maladministration submitted by the Ombudsman. The study concludes that the Ombudsman’s immunity rights need to be strengthened through outreach programs for law enforcement officials and the public, as well as through more comprehensive regulatory harmonization. This would enable the Ombudsman to perform its functions without interference while maintaining its accountability as a public institution.
Analisis Status Kewarganegaraan WNI Eks ISIS Berdasarkan Undang-Undang Kewarganegaraan Satun, Sofan; Purwati, Indira
Justicia Insight Vol. 1 No. 1 (2024): Justicia Insight, November 2024
Publisher : Lembaga Publikasi Ilmiah Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/justin.v1i1.86

Abstract

This study analyzes the citizenship status of Indonesian citizens (WNI) who were former members of ISIS based on the provisions in the Indonesian Citizenship Law. The main focus of the study is to identify whether joining a group designated as an international terrorist organization can result in the loss of citizenship under Article 23 of Law No. 12 of 2006. The analysis considers various factors, including evidence of voluntary actions in joining foreign organizations and the legal implications arising from international recognition of ISIS as a global threat. The study also addresses legal and ethical dilemmas in managing the citizenship status of individuals potentially posing a threat to national security, while providing policy recommendations grounded in law and human rights principles. The findings indicate a strong legal basis for revoking citizenship; however, its implementation requires caution to align with principles of justice and the constitution.
Kajian Hukum Pidana Islam terhadap Implementasi Pasal 77 Ayat 1 Undang-Undang Nomor 23 Tahun 2019 Belinda, Dinda; Supratman, Supratman; Kartadi, Danish
Justicia Insight Vol. 1 No. 1 (2024): Justicia Insight, November 2024
Publisher : Lembaga Publikasi Ilmiah Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/justin.v1i1.87

Abstract

This study aims to analyze the application of Article 77 Paragraph 1 of Law Number 23 of 2019 on the Management of National Resources for State Defense from the perspective of Islamic criminal law. The research employs a normative approach with qualitative analysis methods applied to legislation, Islamic legal literature, and relevant doctrines. The findings indicate that the principles of Islamic criminal law, such as justice, public welfare (maslahah), and legal certainty, hold significant relevance in examining the implementation of this article. Additionally, the study identifies the potential for harmonization between national law and Islamic law in enforcing specific criminal penalties related to state defense violations. The integration of Islamic legal values can enhance the legitimacy and effectiveness of national law, particularly in countries with a Muslim-majority population like Indonesia. In this context, incorporating Sharia values not only strengthens public trust in the national legal system but also creates a legal mechanism that is adaptive and responsive to the needs of modern society. The study recommends fostering dialogue among stakeholders and enhancing the capacity of legal practitioners in understanding Islamic legal principles. Thus, the alignment between national law and Islamic law can contribute to establishing an inclusive, equitable, and welfare-oriented legal system.
Pendekatan Hukum terhadap Kasus Penyalahgunaan Data Pribadi oleh Pinjaman Online Varida, Natasha; Domini, Simon; Abdi, Muhammad
Justicia Insight Vol. 1 No. 1 (2024): Justicia Insight, November 2024
Publisher : Lembaga Publikasi Ilmiah Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/justin.v1i1.89

Abstract

The misuse of personal data by online lending platforms has become a serious threat to consumer privacy and security in the digital era. This study aims to analyze the legal approaches to addressing cases of personal data misuse by online lending services in Indonesia. The method used is a normative approach by analyzing the applicable legal framework, including Law Number 27 of 2022 on Personal Data Protection, the Electronic Information and Transactions (ITE) Law, and fintech industry-related regulations. The study finds that although there is an adequate legal foundation, significant challenges remain in terms of implementation, oversight, and inter-agency coordination. Moreover, the lack of public awareness and weak law enforcement exacerbate this issue. This article proposes several solutions, such as strengthening monitoring mechanisms, improving public digital literacy, enforcing stricter legal measures, and fostering cross-sectoral collaboration to create a safer and more transparent fintech ecosystem. With these measures, it is hoped that the protection of consumers' personal data can be significantly enhanced.
The Effectiveness of Restorative Justice Implementation in the Settlement of Juvenile Criminal Cases in the Jurisdiction of Mataram City Prima, Agus; Hidayat, Wahyu; Muis, Abdullah
Justicia Insight Vol. 1 No. 2 (2025): Justicia Insight, May 2025
Publisher : Lembaga Publikasi Ilmiah Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/justin.v1i2.155

Abstract

The handling of juvenile criminal cases requires a different approach from conventional criminal justice systems, considering that children are individuals still undergoing development. The application of restorative justice offers an alternative means of resolving juvenile criminal cases by prioritizing the restoration of social relationships, accountability of the offender, and protection of children's rights. This study aims to analyze the effectiveness of restorative justice implementation in resolving juvenile criminal acts within the jurisdiction of Mataram City, by examining the process, challenges, and its impact on offenders, victims, and the community. This research employs an empirical juridical approach, utilizing data collection methods such as interviews, document analysis, and observations of several cases resolved through restorative justice mechanisms. The findings indicate that the implementation of restorative justice in Mataram City is relatively effective in diverting children from lengthy legal proceedings and promoting more humane and just resolutions. However, its effectiveness is still influenced by factors such as law enforcement officers’ understanding, community involvement, and the availability of supporting facilities. Therefore, it is necessary to enhance institutional capacity and inter-agency synergy to support the optimal implementation of restorative justice.
Juridical Analysis of Customary Land Disputes and Their Resolution through Mediation in North Lombok Regency Syahroni, Muhammad; Susilawati, Rina; Izhar, Muhammad
Justicia Insight Vol. 1 No. 2 (2025): Justicia Insight, May 2025
Publisher : Lembaga Publikasi Ilmiah Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/justin.v1i2.157

Abstract

Customary land disputes are recurring issues in various regions, including North Lombok Regency, which is rich in local wisdom and customary legal values. This study aims to analyze the juridical aspects of customary land disputes and examine the effectiveness of their resolution through mediation. The research employs a normative and empirical juridical approach by reviewing relevant legislation and conducting interviews with key stakeholders, such as traditional leaders, community members, and law enforcement officials. The findings reveal that resolving customary land disputes through mediation offers a more equitable and sustainable solution, as it accommodates local wisdom and community aspirations. However, challenges remain in implementation, including the lack of synergy between customary and positive law, as well as the limited capacity of mediators to fully understand local customary contexts. Therefore, strengthening regulations and institutional capacity is essential to promote more effective and just resolutions of customary land disputes.
The Role of Law Enforcement Investigators in Addressing Sexual Violence under the Sexual Violence Crime Law (UU TPKS): A Case Study of Gerung Police Department, West Lombok Islam, Rudi; Kusuma, Arbi; Fikri, Abdillah
Justicia Insight Vol. 1 No. 2 (2025): Justicia Insight, May 2025
Publisher : Lembaga Publikasi Ilmiah Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/justin.v1i2.158

Abstract

Law enforcement against sexual violence is a crucial aspect of state responsibility in protecting human rights, particularly the rights of victims. Law Number 12 of 2022 concerning Sexual Violence Crimes (UU TPKS) provides a more comprehensive legal framework for law enforcement officers, especially investigators, in handling sexual violence cases. This study aims to analyze the role of investigators in the enforcement of sexual violence laws within the jurisdiction of the Gerung Police Department, West Lombok. The research employs an empirical juridical approach with data collected through interviews, observations, and document studies. The findings reveal that investigators play a central role in the criminal investigation process, including receiving reports, gathering evidence, examining witnesses and victims, and submitting case files to the prosecutor's office. However, in practice, investigators face several challenges such as limited resources, lack of psychological support for victims, and prevailing socio-cultural pressures that often stigmatize victims. The UU TPKS serves as an essential guideline to strengthen the role of investigators, particularly in implementing a victim-centered approach that emphasizes the protection and restoration of victims' rights. Continuous training for investigators and cross-sectoral collaboration are needed to ensure the effective implementation of the UU TPKS at the regional level.
The Implementation of Administrative Sanctions Against Environmental Violations Committed by Mining Companies in West Nusa Tenggara Province Jayadi, Muhammad Irfan; Hidayat, Ilham
Justicia Insight Vol. 1 No. 2 (2025): Justicia Insight, May 2025
Publisher : Lembaga Publikasi Ilmiah Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/justin.v1i2.159

Abstract

Environmental law enforcement plays a crucial role in preserving ecological sustainability, particularly in regions with intensive mining activities such as West Nusa Tenggara Province (NTB), Indonesia. This study aims to analyze the implementation of administrative sanctions against mining companies that violate environmental regulations and to evaluate the effectiveness of these sanctions based on existing legal frameworks, particularly Law No. 32 of 2009 on Environmental Protection and Management. The research adopts an empirical juridical approach, utilizing document analysis and interviews with officials from the NTB Provincial Environmental Agency and affected community members. The findings reveal that although the normative legal framework for administrative sanctions is well established, its implementation faces numerous challenges, including weak supervision, limited human resources, and the influence of economic and political interests. Furthermore, discrepancies between the severity of violations and the types of sanctions imposed reduce the deterrent effect on offenders. Therefore, strengthening institutional capacity and ensuring transparency in environmental law enforcement are essential to uphold ecological justice and protect the public's right to a healthy environment.
A Juridical Review of Breach of Contract in Commercial Cooperation Agreements in Indonesia Kadafi, Alsa Ahmad; Hastuti, Rina; Iqbal, Mohammad
Justicia Insight Vol. 1 No. 2 (2025): Justicia Insight, May 2025
Publisher : Lembaga Publikasi Ilmiah Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/justin.v1i2.160

Abstract

Trade cooperation agreements are essential legal instruments in the Indonesian business landscape, as they regulate the rights and obligations of the involved parties. However, in practice, breaches of contract or wanprestasi frequently occur, resulting in losses for one of the parties. This study aims to analyze the legal perspective on wanprestasi in trade cooperation agreements, including its forms, causes, and available legal remedies. The research employs a normative juridical method with a statutory and case study approach. The findings indicate that wanprestasi may take the form of failure to perform, delay, improper performance, or total non-performance. Legally, the aggrieved party may pursue compensation, contract cancellation, performance enforcement, or a combination thereof, as stipulated in Articles 1243 to 1252 of the Indonesian Civil Code. To minimize the risk of wanprestasi, it is recommended that parties formulate clear and detailed agreements with dispute resolution clauses. Effective enforcement of civil law is also essential to ensure legal certainty and protection in commercial activities.

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