cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Sukiyawati
Contact Email
sukiyawatiindah2103@gmail.com
Phone
+6287800185319
Journal Mail Official
justisia@justisialegalresearch.com
Editorial Address
Sapati Manjawari Street No. 14A, 93724 Baubau City, Southeast Sulawesi Province
Location
Kota bau bau,
Sulawesi tenggara
INDONESIA
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 6 Documents
 1 
Search results for , issue "Vol. 1 No. 2 (2025): Justice Law Review" : 6 Documents clear
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.
Business Dispute Resolution Outside the Court: An Analysis of Arbitration and Mediation in Indonesia Muhammad Gustiar; Muh Sutri Mansyah; La Ode Bunga Ali
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.v1i2.24

Abstract

The increasing complexity of business activities in Indonesia has resulted in a growing number of commercial disputes that require effective and efficient resolution mechanisms. Litigation through state courts is often considered inadequate for business disputes due to lengthy procedures, high costs, rigid formalities, and potential damage to business relationships. This study examines the effectiveness of arbitration and mediation as alternative dispute resolution mechanisms in resolving business disputes in Indonesia. Using a normative juridical research method, this paper analyzes statutory regulations, particularly Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, supported by legal doctrines and relevant scholarly works from Indonesian legal journals. The findings indicate that arbitration provides legal certainty through binding and enforceable decisions, making it suitable for complex commercial disputes, while mediation offers flexibility and relationship-oriented solutions that support the continuity of business cooperation. However, the study also identifies several challenges, including limited awareness among business actors, enforcement issues, and institutional constraints that hinder the optimal implementation of both mechanisms. This paper concludes that arbitration and mediation should be applied in a complementary manner rather than as competing mechanisms. Strengthening legal awareness, institutional capacity, and contractual design is essential to enhance the effectiveness of arbitration and mediation in supporting a stable and sustainable business dispute resolution system in Indonesia.

Page 1 of 1 | Total Record : 6

 1 

Filter by Year

2025 2025


Reset
Filter By Issues
All Issue Vol. 1 No. 2 (2025): Justice Law Review Vol. 1 No. 1 (2025): Justice Law Review