cover
Contact Name
Aan Aswari
Contact Email
-
Phone
+6285341767070
Journal Mail Official
substantive.justice@umi.ac.id
Editorial Address
Faculty of Law, Universitas Muslim Indonesia
Location
Kota makassar,
Sulawesi selatan
INDONESIA
Substantive Justice International Journal of Law
ISSN : -     EISSN : 25990462     DOI : http://dx.doi.org/10.33096/substantivejustice
Core Subject : Social,
The scope of articles published in this journal relates to topics in the fields of Adat Law, Constitutional Law, State Administrative Law, Criminal Law, Civil Law, International Law, Islamic Law, Environmental Law, Economic Law, Medical Law and other discussions relating to Legal studies that follow our writing guidelines.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 53 Documents
Understanding to Intergroup Conflict: Social Harmonization and Law Awareness of Society Syahruddin Nawi; Muhammad Syarif; Aswad Rachmat Hambali; Salle Salle
Susbtantive Justice International Journal of Law Vol 2 No 2 (2019): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (368.1 KB) | DOI: 10.33096/substantivejustice.v2i2.45

Abstract

The development and progress of the city of Makassar in line with the occurrence of disturbing conflicts, conflicts and even war between groups provide an overview of research problems regarding the erosion of nationalism, erosion of national ideology, low national character, erosion of local culture, shallow religious values, low sense of solidarity, moral decline , and ethnic fanaticism and declining character quality and declining character quality, all of which have the potential to threaten National Integration and Social Harmony. This research method is descriptive and form of presentation in a systematic, factual and accurate description of the facts obtained. The results showed that conflict/war between groups or residents still occurred in at least six 6 regions in Makassar that had caused various losses because war between groups or residents involved children or adolescents using dangerous objects. There are 30 factors, namely juvenile delinquency, multi aspects, peaceful disturbance, offensive, revenge, social, economic, jealousy, work area disputes, unemployment, ethnicity, religion, culture, wild race, women, competition, misunderstanding, social change, deprivation land, women who seize men (infidelity of women), youth group clashes, politics/parties, deception, social classes/strata, selfishness, arrogance, ridicule, slander, conflict of interest, and government land disputes. Recommendations are needed Conflict Resolution Forum (FOLEKO) as a preventive and repressive measure, provide guidance and counseling for members of the community, about legal awareness, social ethics and courtesy in family life and community life, and inculcation of religious values ​​and national integrity, the authorities need to be more intensive in conducting surveillance and need to carry out routine checks on the possession of dangerous sharp objects, and it is necessary to have the Social Harmony Creation Model module and legal awareness as recommendations of this research.
Workers Protection with a Fixed-Term Employment Contract System based on the Employment Statutory Regulations Muhammad Kamal
Susbtantive Justice International Journal of Law Vol 3 No 2 (2020): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/substantivejustice.v3i2.89

Abstract

This research aims to identify and understand the position of legal protection for workers with a system of fixed-term employment contracts in the aspects of work relations, protection, and wages based on Employment laws and regulations. This research uses an empirical normative research method which combines the normative legal approach with empirical research. The results of this study indicate that there are still many companies in Makassar City that do not implement statutory regulations, especially regarding workers 'rights, for example, workers' status based on fixed time or a Non-Specified term employment contract and wages that are not in accordance with the city's minimum standard. As for the conditions of the workers, based on the analysis result from the prescriptive aspect, there were 95 or 47.50% of 200 workers starting a cooperative relationship without making a written agreement. Furthermore, there are as many as 55 or 27.50% of 200 workers assess that in their work activities, they do not get rights, there are also as many as 110 or 55.00% of 200 workers do not know what the form of worker rights is. Furthermore, there were as many as 140 or 70.00% of the 200 workers who received compensation that did not match the minimum wage in 3 (three) companies in Makassar City. These problems can be resolved appropriately if Law no. 13 of 2003 is properly implemented by Labor Inspectors and Specialist Labor Inspectors as the person in charge based on Minister of Manpower Regulation (Permenaker) No. 33 of 2016.
Recruitment of Village Apparatus in the Regions and Implementation Suwari Akhmaddhian
Susbtantive Justice International Journal of Law Vol 2 No 2 (2019): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (360.156 KB) | DOI: 10.33096/substantivejustice.v2i2.48

Abstract

The purpose of this article is to find out how the rules for the appointment of a village apparatus in the area and to know the implementation of the appointment at every level of village apparatus in the area. The research method used is empirical normative data collection through literature study, observation and interviews. The research location is Kuningan Regency, West Java. The results of the study are that the regulation on the selection of village apparatus is regulated in Law Number 6 of 2014 concerning Villages while the implementation of the local government issued Regional Regulation of Kuningan Regency Number 13 of 2015 concerning Village Apparatus and Kuningan Regent Regulation Number 73 of 2015 concerning Procedure for Appointment, Dismissal and Transfer of Position of Village Apparatus. Factors that predominantly influence the implementation of the appointment of the village apparatus are the lack of community knowledge related to regulations related to the selection of village apparatus so that there is a need for educational activities to the community related to regulations at the regional level.
The Responsibilities of Influencers in Promoting Tie-Dye Motif Products Based on Copyright Law Putri Triari Dwijayanthi; Ni Ketut Supasti Dharmawan
Susbtantive Justice International Journal of Law Vol 3 No 2 (2020): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/substantivejustice.v3i2.90

Abstract

Tie-dye is known as a method of dyeing which results in a design on the fabric by which the fabric is collected and tied tightly with fibres, rope, or yarn, then dyed or coloured. The cloth is then processed into clothes, masks, and other accessories which can now be easily found in several online shops. This paper aims to identify, analyze, and elaborate on the legal protection of tie-dye motifs based on Indonesia Law Number 28 the Year 2014 concerning Copyright and the responsibilities of influencers who promote tie-dyed motif products. This is normative legal research with a statutory approach and a conceptual approach. The technique of tracing legal materials uses document study techniques and the analysis of studies uses qualitative analysis. The study shows that the tie-dye motif has been protected under Copyright law both nationally and internationally. Tie-dye motif as a form of continues to be developed with a high economic value has received clear protection under Indonesia Law Number 28 of 2014 concerning Copyright. The clear arrangement of tie-dyes is becoming increasingly important, especially when tie-dyes are used commercially. Regarding the Announcement of a copyrighted work, such as tie-dye products, the element of the uniqueness of form and originality are important points in copyright protection, so it is only natural for an influencer not to allow the sale and/or duplication of goods resulting from infringement of copyright and/or Related Right as regulated in Indonesia Copyright Law.
Standing Commitment of Sale and Purchase Agreement (PPJB) in Purchasing Flats Unit as Legal Protection for Consumers Ni Putu Teresa Giovana
Susbtantive Justice International Journal of Law Vol 2 No 1 (2019): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (638.007 KB) | DOI: 10.33096/substantivejustice.v2i1.28

Abstract

Research on the commitment of binding sale and purchase (PPJB) in terms of the marketing of flats is a step in legal protection for consumers who will buy flats. This PPJB will bind both parties, namely sellers and buyers for the legal sale and purchase. However, often in terms of the marketing of flats, some rogue developers market flats when the apartment building does not yet have a building permit. This is very contrary to Law Number 20 of 2011 concerning Flats, which says that the marketing of flats must be carried out if the apartment has an IMB. This causes uncertainty of protection for consumers in terms of purchasing flats. Plus PPJB is generally made only with a standard agreement made unilaterally so that consumers cannot freely express their opinions, besides that consumers are also susceptible to losses due to PPJB made without the said IMB. This research was conducted to examine the PPJB in terms of protection for consumers of the flats. This research is normative, namely by way of implementing a legal and conceptual approach. The legal material of this study uses primary legal materials, secondary legal materials and tertiary legal materials by conducting legal material collection using a single method, namely literature study. Protection for consumers is done by using PPJB made by a Notary to minimize the impact that might occur in the future.
Stagnancy of Land Use Arrangement Former Cultivation Rights Dwi Gatra; Syamsuddin Pasamai; Hasan Kadir; Andika Prawira Buana; Aan Aswari
Susbtantive Justice International Journal of Law Vol 1 No 1 (2018): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (173.999 KB) | DOI: 10.33096/substantivejustice.v1i1.14

Abstract

Land issues still cause problems especially in terms of usage rights that are discharged, the allocation is still limited to the obsolete concept that is still applied today, while the increasingly complex needs for the development of the suitability and more appropriate. This study formulates the extent to which the city of Makassar in reorganizing this concession as its purpose-built sustainably and sustainable future. This study uses empirical juridical and legal research supported by the results of observation. The results of this study describe the efforts undertaken by the government in this case BPN Makassar City seem less innovative so that the impact on potential obstacles of regional development and running haltingly.
Legal Protection on Intellectual Property Rights in the Development of Creative Economy in Mamuju Regency Suryansyah Suryansyah
Susbtantive Justice International Journal of Law Vol 2 No 1 (2019): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (659.741 KB) | DOI: 10.33096/substantivejustice.v2i1.30

Abstract

Protection of legal intellectual property rights is the main pillar for businesses, especially those engaged in the creative economy business. The role of law can provide guarantees and legal certainty in creating a good economic climate and increasing people’s income derived from the results of the work of creativity, ideas and creativity. The creative economy becomes a strategic issue as a government effort in developing the regional economy, creating a climate of creation and innovation and leading to improving people’s welfare. The development of creative economic ventures in Mamuju Regency, West Sulawesi Province must be supported by a set of regional regulations, specifically those that regulate the protection of intellectual property rights of creative economy entrepreneurs. So that business people get protection, justice, benefit and legal certainty related to the work of copyright and innovation products owned. This study aims to examine the regional regulations of Mamuju Regency about the economy, especially the protection of intellectual property rights for creative economic business actors and identify the potential of the creative economy. Data is collected through literature studies to trace data through regional regulation documents. The processed data from descriptive analysis is used as a basis for consideration and review of economic law. The results of this study are in the form of sources of economic law material and manuscripts of academic considerations, where the local government and the public can find out the legal position in the protection of intellectual property rights of creative economy entrepreneurs in Mamuju Regency.
Legal Liability Company Based On Sharing Economy to Service And Consumer Providers Fakhry Amin
Susbtantive Justice International Journal of Law Vol 1 No 2 (2018): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (197.731 KB) | DOI: 10.33096/substantivejustice.v1i2.23

Abstract

administrative accountability. In addition, the company sharing economy is given the flexibility to resolve the issue with the providers that are not regulated in the law as a form of enforcement of good corporate principles. The status of the company based on the sharing economy in Indonesia is not clearly regulated in UUPT due to the involvement of the 3rd party. However, it does not mean that the sharing economy company is not accepted in Indonesia where the government keeps granting a business license to the quo company with the quo company's record given the legal basis to further spur national development arranged as a joint effort based on the principle of kinship.
Interpretation Of Judges In Supreme Court Decision Number: 46 P/HUM/2018 Muslim Andi Yusuf; Dharma Fidyansari
Susbtantive Justice International Journal of Law Vol 2 No 2 (2019): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (336.471 KB) | DOI: 10.33096/substantivejustice.v2i2.43

Abstract

This research was conducted to determine the interpretation of judges in the Supreme Court Decision No. 46 P/HUM/2018. This study uses a normative type of research with an approach to identifying legislation and literature that is relevant to research. Data collected from primary, secondary, and tertiary legal materials are analyzed qualitatively, arranged systematically, and presented descriptively. The results of this study indicate that in the Supreme Court Decision Number 46 P/HUM/2018 which judges that Article 4 paragraph (3), Article 11 Paragraph (1) Letter d and Appendix Model B.3 Election Commission Regulation Number 20 of 2018 is contradictory to Law Number 17 of 2017 concerning General Election in conjunction with Law Number 12 of 2011 concerning Formation of Regulations and Judges’ Considerations based on the interpretation of the testing object test stones namely the sentences in the text of Law Number 7 of 2017 concerning General Elections and Law Number 12 of 2011 concerning Formation of Legislation as a guide so that the interpretation of judges is based on exploring the meaning contained in the statement written norm text by studying the book in sentence structure or its relationship with other rules.
Law Enforcement Factors in Waste Management to Achieve Environmental Sustainability and Community Welfare Suwari Akhmaddhian; Ria Virigianti; Erga Yuhandra
Susbtantive Justice International Journal of Law Vol 4 No 1 (2021): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/substantivejustice.v4i1.109

Abstract

Environmental issues are interesting subjects that are related to the earth’s sustainability. While Garbage is basically an obstacle, it also has the potential to prevent environmental damage and increase the community's economy if it is well managed. This research aims to analyze local government policies in waste management based on the value of ecological justice to achieve natural preservation. The research method used is qualitative with primary data from interviews and observations supported by laws and regulations related to waste management. The research was conducted in Kuningan Regency and Ciamis Regency. The results showed that the Ciamis local government policy in waste management was equipped with local regulations, government officials, infrastructure, community participation, and program innovation, namely waste sorting, waste bank, maggot, and garbage alms. The conclusion is that local government policies, especially in Kuningan, still need improvement related to optimizing the role of the local government in institutional and funding of waste management and increasing public education regarding waste management. Good waste management can create environmental sustainability and community welfare.