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Justice Law Review
Published by PT Justitia Legal Research
ISSN : -     EISSN : 31107214     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Justice Law Review is an academic journals published twice a year (June and December) by the PT Justitia Legal Research . This journal emphasizes specifications in the Constitutional Law, Islamic Constitutional Law, Criminal Law, Islamic Law, Civil Law, International Law, Agrarian Law, State Administrative Law, Criminal Procedure Law, Commercial Law, Civil Procedure Law, Customary Law, and Environmental Law. This journal openly accepts the contributions of experts from related disciplines. All published articles do not necessarily represent the views of journals, or other institutions that have links to journal publications.
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 10 Documents
 1 
Legal Protection for Victims of Fraud in Online Buying and Selling Transactions from the Perspective of Islamic Law Sumiati; Muh Sutri Mansyah
Justice Law Review Vol. 1 No. 1 (2025): Justice Law Review
Publisher : PT Justitia Legal Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64317/jlr.v1i1.14

Abstract

The rapid development of information technology, particularly in online buying and selling transactions, has increased the risk of fraud that harms consumers. This study aims to examine the form of legal protection for victims of fraud in online transactions from the perspective of Islamic law. The method used is a normative juridical approach, analyzing both Indonesia's positive law and sharia principles. The results show that legal protection can be carried out through penal (repressive) and non-penal (preventive) approaches. In Islamic law, fraudulent practices (gharar and tadlis) are prohibited acts, and perpetrators must be held morally and legally accountable. Islam emphasizes justice, honesty, and transparency in muamalah, including online transactions. In addition to national legal mechanisms such as the Criminal Code (KUHP) and the Electronic Information and Transactions Law (UU ITE), protection for victims can also be strengthened through educational approaches based on Islamic values to improve digital literacy and transaction ethics in society. The main obstacles in victim protection include weak oversight, low public legal awareness, and the suboptimal integration of Islamic principles into the practice of positive law. Therefore, synergy between national law and Islamic values is essential to create a fair and comprehensive protection system in the digital era.
Indonesian Prison System: An Analysis of Constitutive Penology Amidst the Crisis of Overcapacity Based on Islamic Law Didik Purnomo
Justice Law Review Vol. 1 No. 1 (2025): Justice Law Review
Publisher : PT Justitia Legal Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64317/jlr.v1i1.15

Abstract

The Indonesian correctional system normatively emphasizes prisoners' rehabilitation and social reintegration as stipulated in Law Number 22 of 2022 on Corrections. However, its implementation still faces serious challenges due to a lack of a strong philosophical foundation. Rehabilitation programs tend to be formalistic and uniform, without considering the social context or the individual needs of prisoners. This study aims to reassess the philosophical foundations of the Indonesian correctional system through a theoretical approach to constitutive penology. The research is conducted using a qualitative approach with a literature study method. Data is analyzed descriptively-analytically through a review of legal literature, philosophy, and critical penology. The theory of constitutive penology is used as an analytical tool to understand corrections as a product of social relations and power structures, rather than merely an administrative legal mechanism. The research findings indicate that the Indonesian correctional system does not fully reflect rehabilitation values. Social reintegration is still understood narrowly and does not involve the community in the social recovery process. This study concludes that the reform of the correctional system must begin with a holistic philosophical reconstruction, oriented towards restoring dignity and equally and sustainably involving the social participation of ex-convicts.
The Role of MUI's Fatwa in Influencing the Economic Behavior of Muslims in the Digital Age (Study of Crypto Currency Commerce) Ziadatur Rohmah; Idah Nur Fajriya Awwalin
Justice Law Review Vol. 1 No. 1 (2025): Justice Law Review
Publisher : PT Justitia Legal Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64317/jlr.v1i1.16

Abstract

This research aims to examine the role of the Indonesian Ulema Council (MUI) fatwa in influencing the economic behavior of Muslims, especially in cryptocurrency trading in the digital era. The research method used is descriptive qualitative with data collection through in-depth interviews, observation, and documentation studies of MUI fatwas and related literature. The results showed that MUI's fatwa plays an important role in providing legal certainty and moral guidelines that underlie Muslims' decisions in transacting and investing in cryptocurrency. The fatwa increases the level of trust and awareness of sharia principles, thereby reducing speculative practices and risks that are not in accordance with Islamic teachings. However, the effectiveness of this fatwa also depends on the level of socialization and education to the public. This study concludes that MUI's fatwa is a strategic instrument in shaping the economic behavior of Muslims in accordance with religious values amid the rapid development of digital technology.
Analysis of Protection of Women's Rights in Marriage According to Islamic Law and Law ‑in Indonesia Sariati
Justice Law Review Vol. 1 No. 1 (2025): Justice Law Review
Publisher : PT Justitia Legal Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64317/jlr.v1i1.17

Abstract

The protection of women's rights in marriage is a crucial element in achieving justice and gender equality within the legal system. This study aims to comparatively analyze the legal protections granted to women in marriage under Islamic law and Indonesian national legislation. Employing a normative legal research method with a juridical-comparative and conceptual approach, the study draws on primary and secondary legal materials analyzed qualitatively. The findings reveal that both Islamic law and national law recognize and regulate women's rights in marriage, including the right to dowry (mahr), financial support (nafkah), protection from domestic violence, and the right to initiate divorce. However, practical implementation still faces significant challenges due to patriarchal interpretations, limited legal literacy among women, and weak access to justice. This research highlights the urgency of reinterpreting Islamic legal texts through a gender justice perspective and reforming national legal frameworks to create a more inclusive and responsive family law system. These findings are expected to serve as a foundation for policy development and further interdisciplinary research that integrates legal, social, and religious dimensions in a comprehensive manner.
Testing Witness Testimony According to the Criminal Code and Qanun Kaswandi; Hayun; Muh Sutri Mansyah
Justice Law Review Vol. 1 No. 1 (2025): Justice Law Review
Publisher : PT Justitia Legal Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64317/jlr.v1i1.18

Abstract

Witnesses who testify in court are required to speak the truth; however, there are also instances where witnesses provide false testimony. The challenges of implementing Articles 291 and 373 of the current Indonesian Criminal Code (KUHP) and Article 170 of the Aceh Qanun in prosecuting witnesses who give false testimony are important to examine and analyze. This research uses a normative method with legislative, historical, conceptual, and futuristic approaches. The analytical techniques employed in this study are descriptive and prescriptive. Legal materials are analyzed by evaluating the collected data. The interpretation methods used are systematic and grammatical. The findings of this study show that the primary objective of Articles 291 and 373 of the current Indonesian Criminal Code and Article 170 of the Aceh Qanun is to ensure that witnesses provide truthful testimony in court based on what they have seen, experienced, or heard, whether directly or indirectly. However, challenges also arise in prosecuting witnesses who give false testimony. There is potential for multiple interpretations because neither Articles 291 and 373 of the Criminal Code nor Article 170 of the Aceh Qanun specify how many times a witness must give false testimony before these articles can be applied, or whether a single instance of false testimony is sufficient for the application of these articles. This creates the potential for judges to apply these articles subjectively. Therefore, future legislation by the government and lawmakers must establish clear benchmarks for determining when a witness has provided false testimony.
The Relevance of Recitals and Definitions in Preventing Ambiguity in International Contracts Rangga Aditya Putra Jaya Wiratma; Wafda Vivid Izziyana
Justice Law Review Vol. 1 No. 2 (2025): Justice Law Review
Publisher : PT Justitia Legal Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64317/jlr.v1i2.22

Abstract

International contracts are essential legal instruments in facilitating global business transactions, yet they often create interpretive ambiguities that may lead to costly disputes between parties from different jurisdictions. This study examines the relevance of Recitals and Definitions as contractual components designed to prevent ambiguity in international agreements. Using a normative-juridical methodology that incorporates literature review, comparative analysis, and case analysis of international arbitral decisions, the research investigates how these elements contribute to legal certainty and consistent interpretation. Recitals provide background, objectives, and the underlying intention of the contracting parties, serving as a crucial interpretative tool when disputes arise. Meanwhile, Definitions establish precise meanings of technical terms, thereby reducing multiple interpretations of contractual language. The findings reveal that both Recitals and Definitions significantly reinforce the principles of good faith, fair dealing, and pacta sunt servanda during contract implementation. Furthermore, despite interpretive differences between common law and civil law systems, their practical application remains highly relevant in drafting effective international contracts. Decisions from international arbitration bodies, such as the ICC and ICSID, demonstrate that Recitals and Definitions are frequently employed to determine the true intention of the parties in cases of interpretive conflict. Therefore, these components are not merely formal or supplementary content but foundational mechanisms for mitigating legal uncertainty and preventing disputes. The study recommends that legal practitioners improve the precision and consistency of contractual drafting, particularly in Recitals and Definitions, to enhance the enforceability and stability of international commercial relationships.
Policy Analysis of Amendments to the KPK Law in the Eradication of Corruption in Indonesia Andes Robensyah
Justice Law Review Vol. 1 No. 2 (2025): Justice Law Review
Publisher : PT Justitia Legal Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64317/jlr.v1i2.20

Abstract

The amendment of Law Number 30 of 2002 concerning the Corruption Eradication Commission through Law Number 19 of 2019 became a turning point in the institutional weakening of anti-corruption institutions in Indonesia. The revision caused widespread controversy because it was considered to shift the character of the KPK from an independent state institution to part of the executive power cluster. This study aims to analyze the direction of government policies in amending the KPK Law and assess its implications on the effectiveness of eradicating corruption. The method used is normative legal research with a legislative and conceptual approach, through the examination of legal norms, doctrines, and academic views. The results of the study show that the revision of the KPK Law presents a number of strategic restrictions, including the establishment of a Supervisory Board with technical authority, restrictions on wiretapping authority, the granting of the authority to terminate cases, and the change in the status of KPK employees to state civil servants. These changes systematically narrow the KPK's space for movement, erode its functional independence, and open up space for political power intervention in the enforcement of corruption laws. The policy direction of the revision of the KPK Law does not reflect the strengthening of the corruption eradication system, but rather shows the tendency of domestication and power control over the KPK, which has the potential to weaken public trust and the effectiveness of corruption eradication in Indonesia.
Legal Protection (Rechtsbecherming) Against The Entry Of A Third Party In The Administrative High Court David Pasaribu
Justice Law Review Vol. 1 No. 2 (2025): Justice Law Review
Publisher : PT Justitia Legal Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64317/jlr.v1i2.19

Abstract

The acceptance of third parties at the appellate level is a discourse that requires in-depth theoretical studies. Law Number 5 of 1986 about Administrative Courts and its amendments do not clearly regulate third parties at the appellate level. This condition has led to the emergence of propaganda from a progressive legal perspective to accommodate third parties at the appellate level for supporting the existentiality of legal protection for justice seekers. This research aims to analyze the acceptance of third parties at the appellate level from the perspective of legal protection, the technical concept of administration, and the trial of the acceptance of third parties at PTTUN. The research method is normative juridical with conceptual and statutory approaches. The results show that third parties are allowed to enter the examination at the appellate level in the context of legal protection, correction of legal error, exploring material truth, and upholding substantive justice. The author offers a technical concept of administration and trial of third-party entry at the PTTUN by submitting an application and its additional documents to the PTSP of PTUN. Furthermore, Judges of PTTUN responds to the third-party application through the interim decision. Furthermore, PTTUN or PTUN does the additional examination.
Challenges in Competition Law Enforcement Against Data Monopoly in Indonesia's Digital Economy Nada Ulya Qinvi; Nurul Laylan Hsb
Justice Law Review Vol. 1 No. 2 (2025): Justice Law Review
Publisher : PT Justitia Legal Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64317/jlr.v1i2.21

Abstract

The rapid development of the platform economy has positioned data as a strategic asset that determines competitiveness. However, the massive data control by large-scale digital platforms raises concerns about data monopoly practices that may hinder innovation and create barriers to market entry. Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition was enacted before the digital economy era; thus, the relevance of its norms needs to be reassessed in addressing big data issues. This research aims to analyze the qualification of massive data control as a dominant position and formulate adaptive competition law policy recommendations in the digital era. The research methodology employed is normative juridical with a statute approach, conceptual approach, and comparative approach. The research findings indicate that normatively, massive data control can be qualified as a dominant position because it creates market dependency and network effects. Data monopoly in the platform economy requires a new legal approach that is not solely based on price indicators but also on data accessibility. Legal policies are needed to incorporate Digital Market Power clauses in the revision of the Competition Law. This includes dominant position criteria measured not only by market share but also by massive data control and user dependency on the platform.
Implications of the New Criminal Code on the Narcotics Law: An Analysis of Reformulation Needs Endi Arofa; Tubagus Ahmad Ramadan
Justice Law Review Vol. 1 No. 2 (2025): Justice Law Review
Publisher : PT Justitia Legal Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64317/jlr.v1i2.26

Abstract

This study analyzes the implications of the enactment of Law Number 1 of 2023 concerning the Criminal Code on the enactment of Law Number 35 of 2009 concerning Narcotics and the urgency of the necessary reformulation. Using normative juridical methods through legislative and conceptual approaches, this study examines the legal substance, legal principles, and doctrines relevant to the harmonization of the two regulations. The results of the study show that the revocation of Articles 111 to 126 of the Narcotics Law by Article 622 paragraph (1) letter w of the new Criminal Code creates a substantial legal vacuum for the regulation of the crime of cultivation, buying and selling and distributing narcotics that is not fully accommodated in the new Criminal Code. There is a significant disharmony between the orientation of restorative punishment in the new Criminal Code and the retributive approach in the Narcotics Law, as well as inconsistencies in the implementation of rehabilitative approaches for narcotics users and addicts. This study concludes that the reformulation of the Narcotics Law is an urgent need to fill the legal vacuum, harmonize the criminal paradigm, strengthen the special investigation mechanism, and implement a balance between the eradication of illicit circulation and the protection of human rights in an integrated and fair criminal justice system.

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