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Substantive Justice International Journal of Law
Published by Universitas Muslim Indonesia
ISSN : -     EISSN : 25990462     DOI : http://dx.doi.org/10.33096/substantivejustice
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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 6 Documents
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Search results for , issue "Vol 5 No 1 (2022): Substantive Justice International Journal of Law" : 6 Documents clear
Regional Cooperation in The Utilization of Trans-ASEAN Gas Pipelines: An International Law Perspective Mutiara Khadijah; Huala Adolf; Setiawan Setiawan
Susbtantive Justice International Journal of Law Vol 5 No 1 (2022): 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: 10.56087/substantivejustice.v5i1.168

Abstract

The Trans-ASEAN Gas Pipelines was a project of interconnected cross-border pipelines connecting ASEAN countries in a bilateral manner based on the cooperation stipulated in the Memorandum of Understanding of Trans-ASEAN Gas Pipelines. This paper will identify Trans-ASEAN Gas Pipelines with the two (two) cooperation models already practised worldwide, namely the interconnected model and the unified project model. The method used in this article was normative juridical, including the comparative approach and statute approach, by obtaining data from secondary sources. More specifically, this article would elaborate on which cooperation model could be adopted by Trans-ASEAN Gas Pipelines that would effectively govern the project. The results showed that the cooperation of Trans-ASEAN Gas Pipelines was unlike that practised by countries generally since the project consisted of both cross-border pipelines and regasification terminals. The decision to incorporate regasification terminals into the project was made to provide an alternative to the region's depleting gas supply. The model was not known in the cross-border pipeline regime and therefore could not be identified with the already known two models. Although Trans-ASEAN Gas Pipelines were a series of interconnected pipelines in nature, the implementation was not in accordance with the theory. A cross-border pipeline and terminal regasification should not be put together in the same energy transport project as they both have different characteristics, thus making the governance of the project complicated while a harmonized legal framework plays an essential aspect in cross-border infrastructure. Trans-ASEAN Gas Pipelines will only focus on cross-border pipelines and will follow the model of a cooperative project.
The Legal Framework for the Protection of Turtles as Protected Animals from Culinary Business Production Cok Dian Laksmidewi
Susbtantive Justice International Journal of Law Vol 5 No 1 (2022): 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: 10.56087/substantivejustice.v5i1.163

Abstract

Turtles are protected animals, regulated both in international agreements and by Government Regulation of the Republic of Indonesia Number 7 of 1999 on the Preservation of Plant and Animal Species. Six of seven species of turtles that still exist are in Indonesia. Protection of these animals has to deal with conditions in which their meat and eggs are still used as culinary products. Consumption of turtles is still a culture of society. The high demand for dishes made from turtles causes them to be traded illegally. In this study, the legal framework for the protection of turtles as endangered species and turtle ecotourism policies based on local wisdom will be studied. This research is empirical legal research that examines the application of the legal framework to protect turtles as protected endangered species. This research also examines the legal culture of the people who actually use turtles as a culinary business product. The data used consists of primary and secondary data. Primary data comes from interviews with criminal law experts, while secondary data consists of primary and secondary legal materials. The legal materials are collected through literature study. The legal framework for protecting turtles as endangered species is carried out by bringing this issue into international forums. A number of international agreements have been reached by countries to protect endangered animals. The Union for Conservation of Nature and Natural Resources (IUCN) even issued a Red List and put turtles on the list. The Indonesian government ratifies international legal instruments and develops policies at the national level to protect sea turtles. In addition, the government also raises public awareness not to consume turtles with a local wisdom approach
Women as Terrorists: a Motivational Factor Becomes a Terrorist In Indonesia Ningsih Wirandari; Zuli Qodir
Susbtantive Justice International Journal of Law Vol 5 No 1 (2022): 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: 10.56087/substantivejustice.v5i1.162

Abstract

This study aims to determine whether women's motivation to become terrorists can threaten state security in Indonesia. This article shows that women are actors who play an active role in several acts of terrorism in the country. Factors that cause this to become a terrorist are low family, political and social economics, cultural influences, and ideology of religious beliefs. Terrorist acts carried out by women involve suicide bombings, destruction of public facilities, and destruction of houses of worship in several areas affected by terrorist acts. Researchers conducted research by analyzing data obtained from social media sources for data collection. After the data was received, it was processed through NVivo 12 Plus to make it more interesting. The theory used in this study uses the ladder of terrorism theory. The limitation of this research is that it uses only a few social media as data sources, so further research is expected to add richer data to expand the study.
Legal Protection of Mahakam Dolphins Through Water Conservation Areas in Kutai Kartanegara Regency Rosmini Rosmini; Zainuddin Zainuddin; Syifa Nur Aini
Susbtantive Justice International Journal of Law Vol 5 No 1 (2022): 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: 10.56087/substantivejustice.v5i1.170

Abstract

Mahakam dolphins are aquatic mammals (not fish) that live in freshwater rivers in the tropics and live in groups. The Mahakam dolphins, as endemic to the Mahakam River, is already threatened with extinction and needs protection to prevent the extinction from occurring. This paper explores the problems, namely the legal protection of the Mahakam Dolphin in Kutai Kertanegara Regency and the determination of conservation of the Mahakam Dolphin habitat area in Kutai Kertanegara Regency. The research method used is normative legal research (doctrinal) with the collection of legal materials. The results showed that the government of Kutai Kartanegara Regency has tried to protect the Mahakam dolphin through the establishment of the Mahakam Dolphins Habitat Water Conservation Area. This stipulation serves as an instrument in providing guidelines for the Regional Government and stakeholders in Kutai Kartanegara Regency in the context of organizing activities for the protection and preservation of the Mahakam dolphins.
The Legal Protection Towards Traditional Clothes: Intellectual Property Regimes in ASEAN Ria Wierma Putri; Yunita Maya Putri; Mahathir Muhammad; Tristyanto Tristyanto
Susbtantive Justice International Journal of Law Vol 5 No 1 (2022): 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: 10.56087/substantivejustice.v5i1.165

Abstract

Traditional clothing is one of the essential identities in Southeast Asian countries, knowns as ASEAN members; it was once used to showcase individual status in the community. It is still important today and worn on particular occasions to preserve tradition, and now it's emerged as one of the commercial goods. Yet, it becomes a vulnerable commodity when it becomes the object of cultural piracy, dispute of ownership, and disagreement of origin. The problem will continue to be detrimental to indigenous peoples who own it and possibly rift the relationship between ASEAN countries. The protection of traditional clothing in ASEAN is still weak, and there has been no specific legal instrument to regulate it. The intellectual property right (IPR) regime protects traditional clothing as a traditional cultural expression (TCE). TCE protection is part of the international regulation of intellectual property; however, without it well-implemented at the domestic level, TCE can easily be claimed as belonging to other parties who first published and registered them. This research will examine the legal protection of traditional clothes under IPR regimes in ASEAN in their national legal regulations. This research uses a comparative approach that primarily examines the laws and regulations governing the protection of Intellectual Property Rights in ASEAN countries. This research indicates that no single country in ASEAN has a specific law related to traditional cultural expressions (TCE) protection on traditional clothes. The protection for traditional clothes will be embedded in other IPR regimes such as Copyright, trademark, or non-IPR legislation.
Prospects for the New Capital City Policy in Law and Economic Perspectives Muhammad Kamal
Susbtantive Justice International Journal of Law Vol 5 No 1 (2022): 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: 10.56087/substantivejustice.v5i1.205

Abstract

The relocation of the nation's capital city has been a dream for a long time, but it was only realized after 77 years of Indonesia's independence through Law No. 3 of 2022 concerning the State Capital (IKN Law). Nevertheless, the policy needs to be studied, considering that the current capital relocation will be carried out in the midst of various domestic polemics, as well as global issues such as inflation and the weakening of the global economy after COVID-19, as well as the war between Russia and Ukraine. This study uses a socio-legal research method by combining an interdisciplinary approach between normative studies and economic studies through an analysis of opportunities, threats, strengths, and weaknesses (SWOT). The findings reveal that, from a law perspective, the policy of the new capital city in the IKN Law is an obligation that must be carried out by the government, regardless of who will serve in the future. However, there are several notes to the IKN Law that are not yet in line with the principles of legislation. Meanwhile, from an economic perspective, the IKN policy is indeed based on the ideals of economic equity and sustainability, but financial factors, foreign debt, and global inflation are still a serious threat to the sustainability of the current New capital city policy and for the next few years.

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