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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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Discourse on the Death Penalty: A Study of Public Perceptions in Indonesia Djatmika, Prija; Istiqomah, Milda; Kurniawan, Heru
Yustisia Vol 13, No 1: April 2024
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v13i1.81938

Abstract

The current debate over the death penalty between the retentionist and abolitionist groups is addressed in Decision Number 2-3/PUU-V/2007 of Indonesia, establishing a middle ground. Originally, the death penalty was a primary punishment in the Old Criminal Code but is now reserved as a last resort in the New Criminal Code. Therefore, this research aimed to analyze public perspectives on the death penalty in Indonesia using mixed methods with data collection through questionnaires. The research showed continued contention over the regulation of the death penalty. A large percentage of participants expressed support for maintaining the death punishment, indicating a retentionist viewpoint. Nevertheless, quite a few of the participants supported the abolition. Indonesia should reconsider the regulation of the death penalty for certain offences as Malaysia, even though the punishment in the New Criminal Code was classified as an alternative sanction because the death penalty was an irreversible punishment.
Constructing Humanitarian-Based Law: A Philosophical Analysis of the Philanthropic Legal Paradigm Novendri Mohamad Nggilu; Chami Yassine; Maya Khater
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.v14i3.98924

Abstract

Positivist legal frameworks prioritize formal certainty over moral and social relevance, often failing to respond to global challenges such as inequality, environmental degradation, and digital exploitation. Philanthropic Law emerges as an alternative legal paradigm that emphasizes humanism, substantive justice, inclusion, and sustainability. This study aims to formulate the philosophical foundations and conceptual framework of Philanthropic Law as a response to technocratic approaches to law. Using a normative-juridical method combined with philosophical analysis, the research examines and reconstructs the nature, knowledge, and values of law from ontological, epistemological, and axiological perspectives. The findings indicate that Philanthropic Law integrates elements of natural law, utilitarianism, sociology of law, theories of justice, and progressive legal philosophy into a cohesive paradigm capable of addressing contemporary socio-legal challenges. This value-oriented approach supports the harmonization of international human rights norms within Indonesia’s constitutional framework and is consistent with Pancasila and the 1945 Constitution. The study proposes a reconceptualization of law as a participatory, adaptive, and justice-oriented process. It further recommends the adoption of value-based legislation, human rights–driven judicial reasoning, and transformative legal education to advance legal reform. Future study may explore the operationalization of Philanthropic Law in environmental, digital, and socio-economic regulatory frameworks.
Enhancing the Supervisory Board of the Corruption Eradication Commission: Insights from Hong Kong, United Kingdom, and European Union Lutfi, Mustafa; Ramadhita, Ramadhita; Septiani, Septiani; Nur, Asrul Ibrahim
Yustisia Vol 12, No 3: December 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i3.71785

Abstract

Establishing the KPK Supervisory Board as a juridical consequence of Law Number 19 of 2019 is an effort to improve KPK's supervisory system. But its formation has caused many pros and cons in the community. The existence of this board is considered to weaken and hinder the performance of KPK. This study analyzes the position of the KPK Supervisory Board after Constitutional Court Decree Number 70/PUU-XVII/2019 concerning reducing the pro-Justitia authority of the Supervisory Board regarding the comparative study involving several countries. This study uses legal research with comparative and statutory approaches. The study results show that the KPK Supervisory Board, as the KPK's internal supervisory body, still requires adjustments by adopting the supervisory mechanisms implemented by comparator countries relevant to the Indonesian Legal System. Some of these are related to the mechanism of monitoring and evaluation of the performance of the KPK Supervisory Board and the KPK itself.
The Convergence of Drug Trafficking and Terrorism: Uncovering the Dynamics of Narco-Terrorism Kiki Kristanto; Zico Junius Fernando; Ridwan Arifin; Anis Widyawati
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.v13i3.81599

Abstract

Drug trafficking and terrorism have seriously threatened many countries' global stability and national security. However, in recent years, there has been an increasing trend of convergence between drug trafficking and terrorism, forming a phenomenon known as narco-terrorism. The article seeks to reveal the relationship between narcotics trafficking and terrorism, a phenomenon often called narco-terrorism. This study's normative legal research method utilizes conceptual and comparative approaches. The results reveal that the convergence between drug trafficking and terrorism seriously impacts security, economy, and social stability. The drug trade provides a substantial source of income for terrorist groups, enabling them to expand their networks, purchase weapons, and launch terror attacks. Conversely, terrorist groups provide drug traffickers protection, infrastructure, and access to drug markets. This study provides important insights for governments, law enforcement agencies, and international organizations in designing effective strategies and policies to counter narco-terrorism. By understanding the dynamics and mechanisms of convergence between drug trafficking and terrorism, appropriate preventive and countermeasures can be taken to mitigate the threats faced by the global community.
Balancing State Revenue and Fair Competition in Social Commerce Platforms Ilham Abbas; Rizki Ramadani
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.v14i2.93969

Abstract

Indonesia's growing population has contributed to the expansion of e-commerce, but state revenue stagnates. Meanwhile, social commerce platforms have created harmful rivalry, threatening MSMEs' sustainability. The study seeks to identify legal issues in social commerce platforms, including taxation and fair competition, and provide a regulatory framework that maximizes digital sector state revenue while protecting domestic firms. This study uses legal research methodology, focusing on a statutory and comparative approach. The finding reveals that insufficient tax compliance among e-commerce participants, inadequate oversight of foreign social commerce businesses, and predatory pricing practices are the main causes of structural inequality.  Additionally, uneven government policies reduce domestic enterprises' competitiveness.  This study recommends mandating foreign social commerce platforms to establish a permanent presence in Indonesia to comply with national tax regulations, allocating a minimum of 30% of social commerce tax revenues to empower MSMEs and support digitalization programs, implementing cross-ministerial big data monitoring for transaction oversight, and strengthening the Business Competition Supervisory Commission to combat predatory behavior. A comprehensive regulatory reform is expected to balance governmental interests, MSMEs, and the global digital economy.
Food Estate for Food Security in Indonesia: An Analysis of Policy Processes, ROCCIPI, and RIA Frensita Kesuma Twinsani
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.v14i3.105057

Abstract

Food security is a fundamental human right and a constitutional obligation of the Indonesian government, yet it still has to deal with long-term structural problems. The Food Estate policy has been pushed as a way for the country to become self-sufficient in food by developing large-scale, integrated agricultural systems. But putting it into action has raised a lot of legal, social, and environmental issues. The objective of this study is to analyse the Food Estate policy through the lens of the public policy process to ascertain the factors contributing to policy failure and deficiencies in regulation design. The study utilises a qualitative methodology, incorporating historical and legal-political perspectives, and is based on statutory approach, and policy documents. The analysis uses Public Policy Stages Theory in conjunction with ROCCIPI and Regulatory Impact Analysis (RIA) frameworks. The study reveals that the Food Estate policy was mostly made from the top down, with little public input, quick environmental assessments, and not enough attention paid to the local socio-ecological conditions. This has led to conflicts over land use and damage to the environment. This findings enhances legal scholarship by emphasising the significance of participatory governance, regulatory impact analysis, and sustainability principles in the development of fair and efficient national food security policy
Aviation Cyber Security in India: Legal Gaps, International Frameworks, and Policy Reforms Mohammad Owais Farooqui; Adnan Sarhan; Faizan Mustafa
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.v14i2.101653

Abstract

Large passenger data breaches, ransomware attacks, and politically motivated Distributed Denial of Service attacks show that aviation faces cyber dangers to safety, national security, and consumer confidence. This article examines India's aviation cybersecurity governance, evaluates legal culpability in cyber incidents, and proposes worldwide best practices-based reforms. This study uses doctrinal and analytical legal methods. This study compares ICAO, EU, and US international frameworks, notably NIS2 and GDPR, to aviation and cybersecurity statutes, regulations, policy papers, and judicial interpretations. The findings reveal that India has fundamental cyber and data protection laws but no aviation-specific cybersecurity policies, unambiguous liability allocation, or strong enforcement. Institutional fragmentation and resource constraints increase these risks. Comparing India to other countries shows it violates worldwide laws, emphasising the need for accountability, supervision, and cyber risk management changes in the aviation sector. India can improve resilience, foster a proactive security culture, and assure passenger trust and operational safety in the digital age by following ICAO regulations and EU and US best practices
Gauging the Nexus of Policy and Regulatory Framework on Environmental Sustainability and Renewable Energy in Nigeria Hussaini Bala; Aliyu Abdullahi; Hassan Bala; Noor Afza Amran; Arma Ya’u Alhaji Sani; Raziqa Muhammad Shafiu; Hasnah Shaari; Fatima Alti Idris
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.v13i3.82449

Abstract

Nigeria has a renewable energy strategy and regulatory framework for optimal usage that ensures environmental sustainability and economic progress. This study analyses Nigeria's renewable energy regulatory framework and environmental sustainability. The article used doctrinal and empirical research. The Nigerian renewable energy regulatory system was qualitatively analysed using the doctrinal method. World Bank 2002–2021 data was used for the empirical technique.Renewable Energy Consumption significantly impacts environmental sustainability. As GDP is high, renewable energy usage and environmental sustainability are more linked. Introducing a new renewable energy strategy and regulatory framework improved renewable energy use. This study will assist Nigerian and international authorities like the World Bank modify and adopt regulations to promote renewable energy usage and environmental quality.
Rethinking Coastal Waste: Integrating Green Criminology and Community Engagement for Sustainable Solutions Fenty Puluhulawa; Amanda Adelina Harun; Moh. Rusdiyanto Puluhulawa; Sherly Joice Pangayow; Karlin Z Mamu
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.v14i1.93825

Abstract

Fisheries, tourism, and transportation depend on coastal habitats, which support diverse wildlife.  Plastic garbage increasingly endangers these areas, which harms marine life and the ecology.  This study examines how coastal garbage management affects legal knowledge, compliance behaviour, and community participation.  The study uses green criminology to show how conventional legal systems prioritise direct crimes over environmental crimes, such as inappropriate plastic and waste disposal.  The study found a large difference between coastal communities' environmental knowledge and compliance.  Despite knowing the rules, many community members break them due to a lack of enforcement, infrastructure, or motivation.  This circumstance emphasises the need for stronger laws, greater enforcement, and more inclusive community-based trash management.  Sustainable coastal management requires community involvement and legal accountability to protect ecosystems and public health
Unfair Terms in Standard Digital Contracts: A Hidden Threat to Human Rights and Consumer Justice Admiral Admiral; Ridwan Arifin; Fadhel Arjuna Adinda; Souad Ahmed Ezzerouali
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.v14i3.109656

Abstract

The rise of standard-form digital contracts, such as clickwrap and browsewrap agreements, has changed the way contracts work in the contemporary world by putting efficiency ahead of justice. These contracts make it easier to scale up and access. However, they often include provisions that are not changeable and are unjust, which makes meaningful consent, consumer autonomy, and legal justice less likely. This study examines to explore the legal, ethical, and human rights dimensions of standard form digital contracts. This study uses legal research with comparative analysis of regulatory frameworks and judicial practices in the European Union, the United States, and Indonesia. The study identifies recurrent unfair clauses, including unilateral limitation of liability, forced arbitration, unilateral modification of terms, and excessive personal data exploitation. The findings reveal that formal consent mechanisms in digital contracts often function as legal fictions that obscure structural power imbalances and enable systematic violations of consumer rights and fundamental human rights, particularly the rights to privacy, information, and effective legal remedy. This article also contributes to the development of contemporary contract law by advancing a rights-based and substantive fairness approach to digital contracting, emphasising human dignity, autonomy, and equitable power relations as core standards for assessing contractual validity in the digital economy

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