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Yustisia
Published by Universitas Sebelas Maret
ISSN : 08520941     EISSN : 25490907     DOI : https://doi.org/10.20961/yustisia.v9i3
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
The scope of the articles published in Yustisia Jurnal Hukum deal with a broad range of topics in the fields of Civil Law, Criminal Law, International Law, Administrative Law, Islamic Law, Constitutional Law, Environmental Law, Procedural Law, Antropological Law, Health Law, Law and Economic, Sociology of Law and another section related contemporary issues in Law (Social science and Political science). Yustisia Jurnal Hukum is an open access journal which means that all content is freely available without charge to the user or his/her institution. Users are allowed to read, download, copy, distribute, print, search, or link to the full texts of the articles, or use them for any other lawful purpose, without asking prior permission from the publisher or the author.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 293 Documents
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Axiological Insights into Unveiling Independent Constitutional Judge Decisionism Artha Debora Silalahi; Rizal Mustansyir; Sindung Tjahyadi; Septiana Dwiputri Maharani
Yustisia Vol 13, No 3: December 2024
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v13i3.85127

Abstract

This study analyzeshow axiological principles such as justice, utility, and justice influence judicial decisions and impact the credibility and effectiveness of the legal system. Critically analyzing case studies and theoretical perspectives examines the interplay between judicial independence and accountability. The article emphasizes the role of values in shaping laws, advocating for consistency and consideration of consequences in judicial decision-making. It argues that moral and ethical principles are central to judicial discretion, ensuring that decisions align with societal values and legal integrity. This nuanced analysis contributes to the discourse on how value-driven decision-making enhances the coherence and legitimacy of the legal system, offering insights into the balance between judicial autonomy and responsibility
Do Gender Quotas Deliver Substantive Change? Women’s Representation from Islamic Political Parties in Indonesia Muwahid Muwahid; Moh. Bagus
Yustisia Vol 14, No 3: December 2025
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v14i3.85522

Abstract

In many countries, women are still treated like second-class citizens when they speak out about politics. This article aims to analyse the implementation of the 30% women's quota by Islamic political parties in East Java, Indonesia, and evaluate its significant effects on the outcomes of the Regional People's Representative Council during the 2019–2024 electoral cycle. This article employs legal research to analyse the implementation of the 30% women's quota by Islamic political parties in East Java, Indonesia, which is widely recognised as a major stronghold of Islamic political parties. The study shows that all political parties, even Islamic ones, have followed the rules and made sure that at least 30% of the candidates for the East Java Regional People's Representative Council from 2019 to 2024 are women. Nonetheless, this numerical representation has not resulted in a significant impact, as just a few regional rules adequately reflect women's interests and rights. This study advances legal scholarship by illustrating that the mere formal adherence to gender quota requirements in electoral law does not inherently result in a substantive gender-responsive law-making process. It thereby enhances socio-legal and feminist legal analysis regarding the disparity between normative compliance and effective legal outcomes in democratic governance
AI-Induced Fatalities: A Criminal Law Perspective from Indonesia and International Perspective Vicko Taniady
Yustisia Vol 14, No 2: August 2025
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v14i2.101636

Abstract

The rapid development of AI has raised legal challenges, particularly when AI causes harm or even death. This study analyses criminal liability in AI cases from the perspectives of Indonesian and international law, with a primary case study focusing on the death of a teenager resulting from interaction with an AI chatbot. The study aims to examine whether traditional principles of criminal liability (actus reus and mens rea) can be applied to AI and evaluate the readiness of the Indonesian legal system to manage AI-related cases. The research adopts a qualitative approach with doctrinal, comparative, and interdisciplinary analyses. The findings indicate that AI cannot fulfil the element of mens rea. Thus, criminal liability must be transferred to the actors behind AI, such as developers or service providers, through vicarious liability mechanisms. Comparatively, some jurisdictions, such as the European Union, have adopted a risk-based approach to regulate AI, while Indonesia still faces a legal vacuum. This study suggests that legal reforms are needed, including the establishment of a special category of liability for AI, mandatory risk assessment, and harmonising international regulations. Therefore, a responsive legal framework can be established to protect individual rights and ensure the responsible development of AI.
Legality of Iranian Embassy Bombing by Israel in Syria According to International Humanitarian Law Adeline Anindya Rusdianto; Diajeng Wulan Christianti
Yustisia Vol 14, No 3: December 2025
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v14i3.96626

Abstract

International Humanitarian Law (IHL) asserts that attacks can only be made against things that help the military and whose destruction gives the military an unambiguous advantage. In April 2024, Israel bombed the Iranian consulate within the embassy premises in Syria, claiming that the building served as a military objective, given Iran's persistent support for Hezbollah in its conflict with Israel and engaged in military activities within the consulate. This paper asserts that the legitimacy of Israel's attack hinges on two critical issues. First, in the ongoing armed conflict between Israel and Hezbollah, to what extent Iran can be legitimately targeted based on its support for Hezbollah. Second, whether Iran's consulate in Syria qualifies as a legitimate target under IHL and whether the attack satisfies the principle of proportionality. This paper concluded that IHL applies to Israel's bombing of the Iranian consulate, and Iran's support of Hezbollah in its conflict with Israel places it at risk of being targeted under IHL. However, this classification does not automatically validate the attack. There is no sufficient evidence to demonstrate that the attack was proportionate, as it targeted an object located in Syria, and the anticipated military advantage fails to justify the civilian casualties incurred.
Breaking the Indonesian Local Leaders' Problem: A Comparative Analysis of Direct and Indirect Local Leader's Elections in Indonesia and India Gugun El Guyanie
Yustisia Vol 14, No 1: April 2025
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v14i1.86374

Abstract

Strategic political and constitutional legal issues affect Indonesian local leaders' positions.   With over 500 provinces, regencies, and cities, each region has unique capabilities impacted by several factors, making direct local leader election unfeasible for all places. The study uses comparative legal theory to compare direct regional head elections to Regional House of Representatives elections. This study uses comparative legislation to analyze the Regional House of Representatives direct election paradigm of local leaders. This study shows the need to link local leader electoral options with regional capacity characteristics. The study compared eleven variables with positive and negative features, either directly or through local leaders' Regional House of Representatives elections. Democracy is implemented according to regional capability indicators in both models.   Comparing the electoral systems for local leaders in Indonesia and India shows that an asymmetric model that accounts for geographical, sociological, and cultural factors can uncover clustering in direct and indirect elections.   Regional capacities and disparities prevent standardizing the regional election model.   The local leader's electoral options should be revised according to geographical heterogeneity
Takaful as a Mechanism for Protecting Unsecured Creditors: Legal and Operational Considerations in Malaysia Hazrai Afizi Che Haron Shafiee; Hartinie Abd Aziz; Zuhairah Ariff Abd Ghadas; Norizan Remli; Nurhidayah Abdullah
Yustisia Vol 13, No 3: December 2024
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v13i3.93861

Abstract

In the mandatory winding-up procedure, all payments must be prioritised before disbursements to unsecured creditors, as the Malaysia Companies Act 2016 stipulated. Unsecured creditors, positioned lower in the hierarchy of creditors, may not recover the funds owed to them from the company's liabilities, resulting in financial hardship for these creditors. All unsecured creditors must demonstrate their claims following the issuance of the winding-up order. Nonetheless, the existence of debt evidence does not guarantee payment if the corporation lacks sufficient assets to satisfy unsecured creditors after addressing secured and preferential creditors. This article seeks to investigate the rights of the unsecured creditors during winding up and to analyse the possibility of establishing a new mechanism, specifically takaful (Islamic insurance), to protect the unsecured creditors during winding up. This study adopts a qualitative approach, employing doctrinal analysis and interviews with industrial stakeholders. This article highlights the need to implement takaful as a potential solution for unsecured creditors to recover their debt if the company is wound up
Designing an AI-Driven Legislation Framework to Improve Indonesia's Law-Making Transparency and Public Participation Firdaus Arifin; Cece Suryana; Ihsanul Maarif; Robi Assadul Bahri; Anastasia Wahyu Murbani
Yustisia Vol 14, No 2: August 2025
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v14i2.98092

Abstract

The legislative process in Indonesia faces persistent challenges, including inefficiency, limited transparency, and minimal public participation. This study examines the integration of AI, particularly Natural Language Processing, into the design of an e-legislation system to address these systemic issues. Employing a normative-empirical legal research methodology, this study combines doctrinal legal analysis with a design science approach to prototype an AI-driven legislative platform. The study reveals that integrating AI, particularly Natural Language Processing, can enhance legal drafting efficiency, improve legislative process transparency, and enable real-time public participation. The proposed AI-driven legislation system can detect redundancies, contradictions, and legal inconsistencies, as well as classify public input to support evidence-based decision-making. The study underscores the importance of explainable AI principles, algorithmic transparency, and participatory feedback mechanisms to uphold democratic legitimacy. Pivotal challenges identified include limited digital infrastructure, the absence of specific legal frameworks for AI in legislation, and risks of bias and privacy violations. The study recommends establishing specific regulations, conducting pilot testing of the prototype system, and fostering multidisciplinary collaboration to ensure AI's ethical, accountable, and inclusive use in Indonesia's law-making process
Open Access Institutional Repository in the Digital Era: Preventing or Increasing Plagiarism? Puspita, Dela; Roisah, Kholis; Lestari, Sartika Nanda
Yustisia Vol 13, No 2: August 2024
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v13i2.85098

Abstract

The open access controversy related to the increased risk of plagiarism of scientific works at institutional repositories is the primary motivation for this research, with the aim of the study being to understand and analyze the phenomenon of open access at institutional repositories copyright infringement. This research uses a normative juridical approach or doctrinal legal research method. Implementing an open-access institutional repository system policy basically cannot eliminate the practice of plagiarism in writing scientific works in the world of education. Still, the open-access institutional repository movement can improve the ability of the general public to assess, review, differentiate, compare, and refer to scientific works. Universities in various countries implement diverse strategies to prevent plagiarism in open access institutional repositories (OAIR), such as use of plagiarism detection software, strict police and guidelines, training and education, review and evaluation process, enforcement of rules and sanctions. These approaches aim to uphold academic integrity and ensure that all publications in open repositories meet high global standards.
Agrarian Citizenship and the Protection of Farmers' Rights in Indonesia's Forest Areas M. Nazir Salim; Rahardian Rahmansani; Rohmat Junarto
Yustisia Vol 14, No 1: April 2025
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v14i1.95940

Abstract

The Ministry of Forestry designates Cimrutu Village, Central Java, Indonesia, as a forest area under the "concession" of Perhutani, a state-owned forestry company. This situation is detrimental to society as most of the community's agricultural rights and economic access to land are obstructed by the Indonesian Ministry of Forestry's policy forbidding communities from possessing land rights in forested regions. This study investigates the historical context of land tenure conflicts and disputes over land claims by communities governed and subsequently asserted by the State Forestry Public Company. Using a spatial analysis approach, the data-gathering technique was executed qualitatively on community-controlled land. The study's findings indicate that the community in Cimrutu Village has possessed the land since 1967, yet prolonged tenure disputes have arisen, exacerbating poverty due to farmers' restricted access. Urgent policy advancements are required for the welfare of individuals, specifically the removal of residential and livelihood lands from forested regions to ensure access to economic opportunities.
Digital Asset Enforcement Reform in Indonesia: A Polycentric Governance Approach Syamsul Maarif
Yustisia Vol 15, No 1: April 2026
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v15i1.110549

Abstract

Digital assets are growing quickly in Indonesia, which has caused a lot of legal and institutional problems, especially when it comes to settling disputes over cryptocurrencies, tokenised assets, and other blockchain-based tools. Despite regulatory recognition, there remains a critical gap between legal frameworks and effective remedies for victims, highlighting the urgency of enforcement reform. This article examines the key legal problems, including regulatory fragmentation, ambiguity in asset classification, cross-border enforcement barriers, limitations in digital forensic capacity, and weak inter-agency coordination. Using a normative-doctrinal method combined with comparative analysis of cases and regulatory developments, this study adopts a polycentric governance approach to assess how administrative, civil, and criminal enforcement pathways interact and where they fail. The findings reveal that enforcement inefficiencies occur across the entire dispute chain, leading to inadequate victim recovery, legal uncertainty, and reduced market trust. This study proposes a sequenced reform framework, including the enactment of a consolidated digital asset law with functional classification, strengthening regulatory authority with asset preservation powers, reforming insolvency law to recognise digital property, establishing standardised forensic and evidentiary protocols, and enhancing cross-border cooperation mechanisms

Page 28 of 30 | Total Record : 293

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