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Journal of Legal Studies Judex Praetor
Published by Universitas Amikom Purwokerto
ISSN : -     EISSN : 31246419     DOI : https://doi.org/10.35671/judex
Core Subject : Social,
Environmental Science Law, Crime, Criminology & Criminal Justice
Journal Of Legal Studies JUDEX PRAETOR is an online journal published twice a year in January and July, independently organized and managed by a consortium of lecturers from the Law Study Program, Faculty of Business and Social Sciences, in collaboration with lecturers from the Faculty of Law at both public and private universities renowned in Indonesia. Its publication is under the auspices of Amikom University Purwokerto. Journal Of Legal Studies Judex Praetor is an open-access journal intended for researchers, lecturers, and students who wish to publish research results in the fields of legal science, business law, cyber law, environmental law, criminal law, civil law, sharia economic law, and health law. The trending topics we cover include: Legal Science, Business Law, Cyber Law, Environmental Law, Criminal Law, Civil Law, Islamic Economic Law, Health Law. We are very grateful to all authors who have contributed scientifically to the field of law today. We would also like to thank our reviewers for their time and energy in preserving scientific knowledge.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 11 Documents
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Implementation of the Consensusual Principle of Financing Agreements at BPRS Buana Mitra Perwira Purbalingga Anggita Isty Intansari; Sulasih
Journal Of Legal Studies Judex Praetor Vol. 1 No. 1 (2025): Journal Of Legal Studies Judex Praetor, Volume 1, No. 1, July 2025
Publisher : Universitas Amikom Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35671/judex.v1i1.106

Abstract

Agreement can take two forms: written and unwritten (oral). Both forms are binding, provided they meet the requirements stipulated in Article 1320 of the Civil Code, namely, the existence of an agreement. The principle of consensualism is reflected in the agreement made between the parties, which is described as a statement of free will approved by the parties. BPRS Buana Mitra Perwira is a Sharia financial institution that engages in fundraising and distribution of funds, which involves direct or written agreements. This study aims to examine the implementation of the principle of consensualism in the agreements applied by BPRS Buana Mitra Perwira Purbalingga. The research employs a sociological juridical approach, involving field activities to gather real-world data, making it a case study. The study uses a descriptive approach, with data collection methods including in-depth interviews, participant observation, and documentation. The sampling technique used is purposive sampling and snowball sampling. The results of the study show that the principle of consensualism is applied in the financing agreements of BPRS Buana Mitra Perwira Purbalingga, which take the form of consumptive financing (sale and purchase, such as murabahah, IMBT, or istisna') and productive financing (cooperation, such as mudharabah or musyarokah). The agreement draft is typically prepared by BPRS Buana Mitra Perwira, and customers only need to read and sign the agreement based on their agreement.
Comparison of Environmental Laws in the Management of Plastic Waste in Indonesia and Malaysia Faiz Rahmanto; Dimas Abi Galoga Dasopang
Journal Of Legal Studies Judex Praetor Vol. 1 No. 1 (2025): Journal Of Legal Studies Judex Praetor, Volume 1, No. 1, July 2025
Publisher : Universitas Amikom Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35671/judex.v1i1.110

Abstract

Plastic waste has become a pressing global environmental issue due to its non-biodegradable nature and long-term ecological impacts on terrestrial and marine ecosystems. Indonesia and Malaysia, as two countries with high plastic waste production, face similar challenges in developing effective environmental regulatory frameworks. This study aims to analyze the environmental legal regulations governing plastic waste management in Indonesia and Malaysia and to identify the substantive similarities and differences between the two systems. This research employs a normative legal method with a descriptive analytical approach, using statutory, comparative, and conceptual approaches. Data were obtained through library research involving legislation, academic literature, and legal materials relevant to plastic waste governance. The findings show that both Indonesia and Malaysia adopt sustainability principles, extended producer responsibility, and national roadmaps to reduce single-use plastics. However, significant differences exist in regulatory structures and institutional arrangements. Indonesia’s regulatory framework remains sectoral and does not explicitly regulate systematic stages of plastic waste management, whereas Malaysia has a more structured system comprising six stages supported by a dedicated agency (SWCorp). Further differences include the effectiveness of implementation and the degree of authority given to local governments in formulating plastic reduction policies. This study highlights the need for regulatory harmonization and institutional strengthening to enhance the effectiveness of sustainable plastic waste management.
Enforcement of Applicable Laws in Society in The Context of National Criminal Law in Indonesia Happy Sunaryanto; Kurniawan Tri Wibowo
Journal Of Legal Studies Judex Praetor Vol. 1 No. 2 (2025): Journal Of Legal Studies Judex Praetor, Volume 1, No. 2, December 2025
Publisher : Universitas Amikom Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35671/judex.v1i2.112

Abstract

Executive intervention in criminal justice arises as a result of a constitutional design that places the President in a strategic position in the chain of law enforcement, including through prerogative powers such as amnesty, abolition, clemency, and rehabilitation, as well as administrative control over the police and prosecutor's office. This study examines the intervention of executive power in the criminal justice process in Indonesia and its impact on the independence and integrity of judicial institutions. The analysis shows that this authority opens up legal and political space for the executive to influence the process of investigation, prosecution, and correction of court decisions. The cases of Hasto Kristiyanto, Tom Lembong, and Ira Puspadewi show how intervention can cause controversy, create inequality in legal treatment, and create precedents that threaten the principle of the rule of law. The impact not only undermines the due process of law, but also lowers public trust, weakens the morality of the judiciary, and strengthens the perception that the law is in favor of power. These findings encourage the need for stricter, more transparent, and accountable normative restrictions on the use of prerogative authority, as well as the strengthening of oversight mechanisms and the integrity of law enforcement agencies so that the judiciary remains a bastion of justice that is free from political influence.
A Comparison of Traditional and Modern Parenting in the Context of the Qur'an: Ibn Kathir's Interpretation of Surah Al-Baqarah Verse 233 Muhammad Rofi Pratama; Azka Ubaidillah; Laily Liddini
Journal Of Legal Studies Judex Praetor Vol. 1 No. 1 (2025): Journal Of Legal Studies Judex Praetor, Volume 1, No. 1, July 2025
Publisher : Universitas Amikom Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35671/judex.v1i1.114

Abstract

Penelitian ini bertujuan untuk menganalisis perbandingan pola asuh tradisional dan modern dalam konteks Al-Qur'an, dengan Merujuk pada tafsir Tafsir al-Qur'an al-Azhim karya Ibnu Katsir. Fokus utama penelitian ini adalah mengidentifikasi pendekatan pengasuhan yang telah berkembang dari generasi ke generasi, serta bagaimana nilai-nilai pengasuhan dalam Al-Qur'an—sebagaimana pembantaian oleh Ibnu Katsir—dapat menjadi landasan konteks untuk menjawab tantangan pengasuhan masa kini . Penelitian ini menggunakan metode kualitatif dengan pendekatan penelitian kepustakaan, di mana data dikumpulkan melalui teks ayat-ayat Al-Qur'an yang berkaitan dengan pendidikan dan pengasuhan anak. Hasil penelitian menunjukkan bahwa konsep pengasuhan dalam tafsir Ibnu Katsir tidak hanya bersifat normatif, tetapi juga kontekstual dan solutif, meliputi aspek spiritual, emosional, dan sosial anak. Kebaruan penelitian ini terletak pada reinterpretasi nilai-nilai klasik dalam tafsir Ibnu Katsir yang mampu memberikan paradigma baru dalam praktik pengasuhan modern, sekaligus mengubah persepsi bahwa pendekatan tradisional sudah tidak relevan lagi. Dengan demikian, nilai-nilai Al-Qur'an tetap berlaku dan relevan dalam membentuk karakter anak di era kontemporer.
The Problem in the Issue of Marriage is Scary and Childfree in Indonesia Hilma Nur Ashlaksha; Syafik Muhammad; Apik Anitasari Intan Saputri; Misbahul Huda
Journal Of Legal Studies Judex Praetor Vol. 1 No. 1 (2025): Journal Of Legal Studies Judex Praetor, Volume 1, No. 1, July 2025
Publisher : Universitas Amikom Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35671/judex.v1i1.115

Abstract

The phenomenon of marriage is scary and childfree is increasingly attracting attention, especially in Indonesia, especially among the younger generation. Many individuals are starting to doubt marriage and the decision to have children due to various factors including economic, social and psychological factors. Fear of marriage (marriage is scary) is often associated with increasing divorce rates, financial instability and social and cultural pressures that still maintain traditional roles in the household, while the choice to not have children (childfree) arises as a response to economic challenges, high living costs and the desire to obtain personal freedom and well-being. In Indonesia, the debate regarding these two issues is quite complex because cultural norms and religious teachings still place marriage and children as part of an ideal life, individuals who choose to postpone or avoid marriage and those who decide to live without children often face social pressure and pressure from family and the surrounding environment, however, changes in mindsets and increasing awareness of individual rights in determining their life path are starting to open up a wider discussion space regarding the concept of family and happiness in the modern era. This study aims to analyze the factors that influence fear of marriage and the decision not to have children in Indonesia. By understanding this trend, it is hoped that a new perspective can be obtained regarding the diversity of life choices and their impact on social dynamics and family structures in the future.
Analysis of Agreements on Mekaar Product Financing by PT Permodalan Nasional Madani from the Perspective of Islamic and Civil Law Karimatul Khasanah; Nirmala Amary Hidayat
Journal Of Legal Studies Judex Praetor Vol. 1 No. 1 (2025): Journal Of Legal Studies Judex Praetor, Volume 1, No. 1, July 2025
Publisher : Universitas Amikom Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35671/judex.v1i1.116

Abstract

Mekaar is a financing program for underprivileged women based on a group savings and loan system, implemented through contractual agreements between PT Permodalan Nasional Madani (PNM) and its clients. In legal theory, a contract is valid if it fulfills the essential elements and conditions, adheres to contractual principles, and is free from legal prohibitions. However, the Mekaar financing practice has not fully met these requirements, raising legal issues that require further examination. This study aims to analyze the Mekaar financing agreement at PT PNM in Randudongkal District, Pemalang Regency, from the perspectives of Islamic law and civil law. The research employs an empirical juridical method with conceptual and statutory approaches. Primary data were obtained through interviews with clients and PNM officers, while secondary data came from literature, journals, previous theses, and relevant legislation. The results indicate that from the perspective of Islamic law, the Mekaar agreement is valid in terms of parties (aqidain) but weak in the elements of offer and acceptance (ṣigat), object (maḥallul ‘aqd), and purpose (mauḍū‘ al-‘aqd). The practice involves gharar, riba, and violations of transparency and justice principles, such as initial deductions, hidden interest, and lack of contract copies. From a civil law perspective, the Mekaar contract constitutes a loan agreement but does not fully satisfy Article 1320 of the Civil Code, potentially rendering it voidable and weakening legal protection for the parties.
The Role and Authority of The Civil Service Police Unit (Satpol PP) in The Tourism Sector in Banyumas Regency Ixora Adhitama; Aditya Riza Dharmawan
Journal Of Legal Studies Judex Praetor Vol. 1 No. 2 (2025): Journal Of Legal Studies Judex Praetor, Volume 1, No. 2, December 2025
Publisher : Universitas Amikom Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35671/judex.v1i2.117

Abstract

Banyumas Regency is one of the strategic areas in Central Java Province that has a diverse range of tourism potential. In 2024, there were 94 tourist attractions recorded, with a total of 1,127,432 visitors, contributing to local revenue and providing an economic impact. Along with the increasing number of tourists and the complexity of tourism management, the need for supervision, security, and order has become increasingly important. This places the Civil Service Police Unit (Satpol PP) as a central element in the enforcement of local regulations and the maintenance of public order in tourist destinations. Based on Law Number 23 of 2014 and Government Regulation Number 16 of 2018, Satpol PP has the authority in non judicial regulation, investigation of regional regulation violations, administrative actions, and enforcement of public order. This study uses a normative juridical method with a legislative and conceptual approach to analyze the normative basis and the implementation of Satpol PP's authority in the management of tourism in Banyumas Regency. The study results indicate that the high number of tourist attractions and the increase in tourists create a need for special supervision by the Public Order Agency (Satpol PP). The limited number of personnel is a major obstacle to the optimal performance of Satpol PP's duties. Therefore, strengthening the role of Satpol PP, including the option of establishing a special unit for the tourism sector, becomes an important strategy to achieve safe, orderly, and sustainable tourism management in Banyumas Regency.
Protection of Human Rights in the Legal Process Involving Celebrities in Indonesia: A Top Socio-Legal Study, The Trial by Media Phenomenon M. Saeful Amri; Agus Irfan; Wahyu Aji Pratama
Journal Of Legal Studies Judex Praetor Vol. 1 No. 2 (2025): Journal Of Legal Studies Judex Praetor, Volume 1, No. 2, December 2025
Publisher : Universitas Amikom Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35671/judex.v1i2.118

Abstract

The phenomenon of celebrity involvement in legal proceedings in Indonesia often attracts massive public and media attention. This situation raises new issues related to human rights protection, particularly when the media shapes public opinion before the legal process is complete. The practice of trial by media can threaten the principles of presumption of innocence and due process of law, which are key pillars of the rule of law. This study aims to examine human rights protection in legal proceedings involving celebrities in Indonesia through a socio-legal approach. A juridical-normative approach is used to analyze constitutional provisions and laws related to the rights of suspects, press freedom, and procedural justice. Meanwhile, a sociological approach is used to understand the dynamics of media reporting, public opinion, and social judgment practices that occur digitally. The results show that media representations of celebrity cases often emphasize sensational aspects rather than legal substance, resulting in premature public perception of an individual's guilt or innocence. The resulting public pressure can then influence the decisions of law enforcement officials and the communication strategies of judicial institutions. Furthermore, celebrities, especially women, are more vulnerable to moral stigmatization and psychological vulnerability due to excessive public exposure. This research emphasizes the need to strengthen synergy between the judicial system, media oversight bodies, and the public to ensure comprehensive human rights protection. Reforming digital media ethics, improving legal literacy, and establishing reputation restoration mechanisms are crucial steps to ensure substantive justice is maintained in an era of open information.
Green Alms as Social-Ecological Charities: The Construction of Conservation Fiqh in the Era of Environmental Crisis Sukrin Nurkamiden; Waliko; Laeli Awaliyah
Journal Of Legal Studies Judex Praetor Vol. 1 No. 2 (2025): Journal Of Legal Studies Judex Praetor, Volume 1, No. 2, December 2025
Publisher : Universitas Amikom Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35671/judex.v1i2.125

Abstract

The recent flash floods and landslides in Sumatra, causing more than 303 fatalities with hundreds still missing, signify that environmental degradation has reached a critical stage. This disaster demonstrates that ecological collapse is no longer theoretical, but has resulted in real loss of life, social disruption, and damaged ecosystems. This article examines green charity as a socio-ecological form of worship within the framework of Islamic ecological jurisprudence. Using a qualitative library-based method, this study analyzes primary sources (Qur’an, Hadith, classical and contemporary fiqh) and secondary references such as scholarly journals and national disaster reports. The findings reveal that environmental conservation can be regarded as ma‘nawiyyah worship and a form of ṣadaqah jāriyah, as protecting the earth aligns with the preservation of life (ḥifẓ al-nafs), wealth (ḥifẓ almāl), and ecological stability (ḥifẓ al-bī’ah). Thus, green charity functions not only as an environmental practice but as an ecological act of devotion rooted in maqāṣid alsharī‘ah. This study concludes that Islamic ecological jurisprudence encourages Muslims to view environmental stewardship as a spiritual obligation, moral responsibility, and collective response to contemporary ecological crises
The Legal Istinbath Method in The Mui Fatwa Mut’ah Marriage Imel Lia; Syafik Muhammad; Apik Anitasari Intan Saputri
Journal Of Legal Studies Judex Praetor Vol. 1 No. 2 (2025): Journal Of Legal Studies Judex Praetor, Volume 1, No. 2, December 2025
Publisher : Universitas Amikom Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35671/judex.v1i2.126

Abstract

The Indonesian Ulema Council (MUI) fatwa on mut'ah marriage is implemented through the legal istinbath method, which in this method is the process of determining the law based on Islamic legal sources such as the Qur'an, Hadith, Ijma, and Qiyas. This study aims to determine the legal istinbath method of the Indonesian Ulema Council in formulating a fatwa on mut'ah marriage, as well as to determine what factors cause the Indonesian Ulema Council in formulating a fatwa on mut'ah marriage. In conclusion, the MUI fatwa and most scholars state that mut'ah marriage is haram, because this marriage is a marriage where a man marries a woman for a short time and for a certain time, while the purpose of marriage itself is to build a family that is sakinah mawadah wa rahmah. In this study the method used is the normative legal approach method where this research only uses literature studies or relies on books rather than field research.

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