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Varia Justicia
Published by Universitas Muhammadiyah Magelang
ISSN : 19073216     EISSN : 25795198     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Varia Justicia (ISSN 2579-5198) is a peer-reviewed Journal of Legal Studies developed by the Faculty of Law, Universitas Muhammadiyah Magelang. This journal publishes biannually (March and October). The scopes of Varia Justicia, but not limited to, are: Constitutional Law, Criminal Law, Civil Law, Islamic Law, Environmental Law, Human Rights, International Law, and also interconnection study with Legal Studies. Varia Justicia has been indexed by Google Scholar, Directory of Open Access Journal (DOAJ), Sinta, IPI, Worldcat and others.
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Articles 6 Documents
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Search results for , issue "Vol 18 No 2 (2022): Vol 18 No 2 (2022)" : 6 Documents clear
Why is PayLater Scheme via E-commerce Prohibited in Islam? Islamic Law Overview Nur Rizqi Febriandika; Ahmad Syaifuddin; Aminudin Ma'ruf
Varia Justicia Vol 18 No 2 (2022): Vol 18 No 2 (2022)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v18i2.6759

Abstract

The internet has now been used as a medium for Online shopping; one of the media for Online shopping is e-commerce. Currently, a delayed payment system (debt) called PayLater has been implemented in e-commerce. The purpose of this study is to find out how the usage of PayLater in e-commerce is based on the perspective of Islamic law. This type of research is qualitative. Data collection methods used are library research, observation, and interviews. This study uses descriptive data analysis techniques, namely analyzing a phenomenon or social reality, by describing variables that are concerned with the problem and unit being studied and analyzed descriptively qualitatively using an inductive thinking approach, namely a way of thinking that departs from facts, events that occur. Then from the specific and concrete facts, generalizations that have a general nature are drawn. The results of the study prove that the law of buying and selling online according to Islamic law is valid as long as it does not contain haram elements and the goods being traded are halal. However, the practice of PayLater loans is not in accordance with Islamic law because there is an element of usury contained in it.
Domestic Violence in the Criminology and Victimology Perspectives: Case Study in Kupang, East Nusa Tenggara Siti Syahida Nurani; Dyah Adriantini Sintha Dewi; Joel Rey Acob Ugsang; Nurdin Nurdin; Heru Santoso Wahito Nugroho
Varia Justicia Vol 18 No 2 (2022): Vol 18 No 2 (2022)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v18i2.6856

Abstract

The state controls the interaction of family members within the scope of the household through Law Number 23 of 2004 on the Elimination of Domestic Violence. Domestic violence cases often happen in Kupang City, East Nusa Tenggara, Indonesia. This paper analyzes domestic violence in the criminology and victimology perspectives. This study uses the qualitative method with an empirical juridical approach. Based on the results of the discussion, in the criminological perspective, domestic violence is a crime in the form of an expression of physical or verbal strength that reflects aggressive actions and attacks one’s freedom or dignity. In the perspective of victimology, the role of the victim is the basis for the emergence of violence, which impacts the physical, psychological, and social aspects. In Kupang, domestic violence cases are usually triggered by victims, i.e. provocative victims. Thus, both victims and perpetrators are responsible. While in other cases, the position of the victim as the basis for the emergence of domestic violence does not exist at all.
Corporate Social Responsibility Supervisors in Indonesia: Analysis of Local Government Regulation in 10 Province in Indonesia Diana Setiawati; Zulfiani Ayu Astutik; Soepatini soepatini; Haszmi Alfateh; Enno Haya Gladya Naranta
Varia Justicia Vol 18 No 2 (2022): Vol 18 No 2 (2022)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v18i2.7022

Abstract

Corporate Social Responsibility (CSR) is a business practice that is governed by the law in Indonesia. Every company in Indonesia is required to implement CSR under the Investment Law No. 25 of 2007 and the Limited Liability Company Act No. 40 of 2007. However, some local governments have created district laws that guide CSR applications because CSR rules are not officially established. In the legal concept, each regulation must appoint an institution in charge of managing and supervising the implementation of the regulation. Meanwhile, in Indonesia, every local government regulation has its own description of CSR supervisors body. Some provinces decide on the local government as a CSR supervisor, and some provinces choose district assembly as CSR supervisors. Institutional matters are stated in Law No. 11 of 2009 concerning Social Welfare, that the government and local governments coordinate the implementation of CSR. However, due to the different interpretations of each local government regulation, the legal basis for CSR supervision is unclear. So, this paper aims to know several institutions that have functions as CSR supervisors based on an analysis of regional regulations in 10 provinces in Indonesia. This research will use normative research methods, namely legal research conducted by analysing and researching library materials or secondary data. The final result of this research is policy suggestions to add an article about supervisory bodies on some regulation that regulates CSR. This research will provide insight for stakeholders that CSR supervision is very important to harmonise stakeholders and create a healthy business climate and social welfare.
Amendment to Term of Office of Constitutional Court Judges in Indonesia: Reasons, Implications, and Improvement Idul Rishan; Sri Hastuti Puspitasari; Siti Ruhama Mardhatillah
Varia Justicia Vol 18 No 2 (2022): Vol 18 No 2 (2022)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v18i2.7236

Abstract

After the amendment to the Constitutional Court Law, constitutional court judges would be dismissed honorably when they attain the age of 70 (seventy) years old. Problem arises, where the transitional provisions of the third amendment to the Constitutional Court Law are not applicable prospectively but retroactively. Hence, the implementation of the amendment to the term of office of constitutional court judges also brings an impact on the incumbent constitutional judges in the Constitutional Court. This study had three objectives. First, to identify the underlying reasons (ratio-legis) for the amendment to the term of office of constitutional court judges to the maximum age limit of 70 years. Second, to analyze the implications of arranging a maximum age limit of 70 years for the position of constitutional court judges. Third, to recommend alternative arrangements for the term of office of constitutional court judges in Indonesia. This was a legal doctrinal research with a qualitative analysis. The results showed that (1) the reasons for the amendment to the term of office of constitutional court judges are due to the open legal policy, globalization and efforts to build the pro-majoritarian power in the Constitutional Court. (2) This amendment brings implications, i.e., the distortion of judicial independence, conflicts of interest and a declined public trust. (3) Improvements can be made by revising the transitional provisions and trying other alternatives by arranging the term of office of the judges through the constitution.
Concept of Restorative Justice in Criminal Acts of Sexual Violence with Child Perpetrator and Victims Nani Susilowati; Nurini Aprilianda; Faizin Sulistio
Varia Justicia Vol 18 No 2 (2022): Vol 18 No 2 (2022)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v18i2.7847

Abstract

This article aims to clarify the idea of restorative justice in situations of sexual violence where children are both the perpetrator and the victim. This study uses normative legal research with a statute and conceptual approaches. The results show that law enforcement against children as perpetrators of crimes of sexual violence with child victims must still pay attention to the principle of proportionality. This principle seeks to limit punitive consequences and restrain public responses so that they stay proportionate to juvenile perpetrators of sexual violence. In addition to focusing on activities, this idea also considers the child's environment. In the meantime, law enforcement that cannot be conducted through diversion must nevertheless regard the rights of the child, so that when children are criminalized, only half of the adult punishment is imposed, so that they can return to society appropriately and be equipped with skills.
The Concept of Land Bank Agency: Between Public or Bussiness Functions? Anak Agung Gede Duwira Hadi Santosa; I Made Marta Wijaya; Ni Luh Dewi Sundariwati; Made Dwita Martha
Varia Justicia Vol 18 No 2 (2022): Vol 18 No 2 (2022)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v18i2.6619

Abstract

The concept of a Land Bank entity in the Job Creation Act and its derivative regulations reflects the contradictory dualism of the functions of the Land Bank agency. On the one hand, the Land Bank agency was formed to carry out public functions, but on the other hand, the Land Bank could carry out business activities. The existence of this dualism results in ambiguity and imbalance in the functions of the Land Bank agency. This research aims to examine the concept of a Land Bank entity as contained in the Job Creation Law and its derivative rules and to provide an overview of the model of a Land Bank entity in the future that can balance the implementation of public and business functions. The research used normative legal research supported by the statutory approach and a conceptual approach. The results show that the concept of a Land Bank agency in the Job Creation Law and its derivative rules still reflects the dualism of contradictory functions of the Land Bank agency, namely as executor of public functions and as executor of business activities. It is necessary to revamp the concept of the Land Bank agency to avoid conflicts of interest between public and private scope, by dividing the Land Bank entity into two types, which is the Land Bank entity in the form of public legal entity and/or private legal entity.

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