Substantive Justice International Journal of Law
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.
Articles
72 Documents
<![CDATA[Independency of the Corruption Eradication Commission of the Republic of Indonesia (KPK RI) in Indicators of Independent Regulatory Agencies (IRAs) ]]>
<![CDATA[Rizki Ramadani]]>;
<![CDATA[Moch Andry W W Mamonto]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 1 No 2 (2018): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.33096/substantivejustice.v1i2.18
<![CDATA[This research aims to know, analyze, and formulate the independency indicators of independent institutions based on the concept of Independent Regulatory Agencies (IRAs) in advanced countries (United States and Europe). Also as an efforts to examine and see the extent to which independent institutions in Indonesia meet these indicators. This study focuses on KPK institution that are well known as one of independent institutions in Indonesia. Although in practice it often rise the controversy and resistance from many parties. The method used in this legal research is normative legal research, conducted through literature study or secondary data. Data consists of legal materials primary, secondary and tertiary, which are then processed descriptive-prescriptively. The research also uses several approaches such as legal, conceptual, and case approach.]]>
<![CDATA[Responsibility Parking Service Business to The Protection Of Consumer Of The Parking Services in Makassar ]]>
<![CDATA[Andika Prawira Buana]]>;
<![CDATA[Aan Aswari]]>;
<![CDATA[Muh Fachri Said]]>;
<![CDATA[Muhammad Ya'rif Arifin]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 1 No 1 (2018): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.33096/substantivejustice.v1i1.15
<![CDATA[The development of dynamic human behavior will lead to more complex contractual relationships. A contractual relationship that occurs must necessarily be accompanied by certainty and legal protection for each party. Existing regulations should serve as guidelines for contractual relationships. Parking business practitioners and parking service users must understand and know the rights and obligations of each. The form of liability which must be fulfilled by each party shall be adhered to in order to create a good contractual relationship and the fulfillment of rights and obligations based on the prevailing laws and regulations. This research is research with qualitative type with the socio-juridical approach. This study responded the ineffectiveness of the accountability of parking service business actors (PD Parkir Makassar Raya) to the consumer protection of parking service users because there is still a standard clause on the parking ticket. Makassar City Local Government needs to provide direct supervision on policies issued by PD Parkir Makassar Raya and revise the Local Regulation on Parking Management in order to be relevant to the provisions of the higher Legislation (UUPK). Parking service users are also required to increase legal awareness to know what rights and obligations of service users and parking service business actors.]]>
<![CDATA[Non-Litigation Process Land Dispute Settlement For Legal Certainty ]]>
<![CDATA[Teddy Chandra]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 2 No 2 (2019): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.33096/substantivejustice.v2i2.49
<![CDATA[The purpose of this study is to try to make the legal instruments for land use hold land disputes over land disputes. The research method used in research responsibilities is normative juridical. The results of this study suggest that land disputes that are formed are multi-dimensional and complex covering legal, economic, political, and social culture, national defense needs. Land administration is very important to reduce land disputes by following the land suitability regulations with article 19 paragraph (2) letter c of the UUPA Land certificates form public administration products, if disputes occur in the future, land dispute resolution and non-litigation land dispute resolution can be resolved. The part of the government that actively participates in the community helps to make an important contribution to public administration in Indonesia with land disputes and non-litigation process. This model of law enforcement seeks to realize legal certainty in order to create a sense of security, peace and harmony, the impact of order will encourage people to try and work well as an effort to improve the quality of their lives. This article finally looks at the development of law by means of harmonizing values ​​to overcome the problem solving that does not exist, which is damaged or wrong, which is still lacking, congestion, and deterioration or a deterioration in circumstances. Win-win solutions are still strong enough and efficient to empower legal energy to resolve disputes in order to realize legal certainty and maintain social order in a culture.]]>
<![CDATA[Regulation of Food Quality Development and Supervision in Denpasar City ]]>
<![CDATA[Putri Febyana Br Surbakti]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 2 No 1 (2019): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.33096/substantivejustice.v2i1.27
<![CDATA[Guidance and supervision of food quality needs to be carried out in each region because of it given the high victims of food poisoning in Indonesia. The absence of regulations governing food hygiene and safety and the lack of public awareness are the reasons for the high incidence of food poisoning. Therefore it requires a firm attitude from the central and regional governments and socialization for the community regarding the importance of food hygiene and safety. This research aims to analyze the regulation of supervision and supervision of food quality in Denpasar City and the form of supervision and coordination between related agencies in sanitation hygiene and food safety supervision in Denpasar City. This research is normative legal research. This research can be summarized as follows: First, there is no explicit arrangement regarding the development and supervision of food quality in Denpasar City, but implicitly contained in the Regional Regulations of Denpasar City Number 7 of 2008 concerning the Organization and Work Procedures of Denpasar City and the Regulation of Mayor of Denpasar Number 33 of 2008 concerning the Description of Job Duties in the Denpasar Municipal Service Organization; and Twice, and Twice, The Government of Denpasar City through the Health Office in collaboration with BBPOM routinely conducts checks and supervisions of sanitation and security of processed food which is marketed in various regions in Denpasar City.]]>
<![CDATA[Juridical Review The Implementation of Oral Agreement is associated with the Law of Treaties and Law Number 8 Year 1999 concerning Consumer Protection ]]>
<![CDATA[Dian Eka Pusvita Azis]]>;
<![CDATA[Nurhaedah Nurhaedah]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 1 No 1 (2018): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.33096/substantivejustice.v1i1.13
<![CDATA[The covenant is one of the most common legal relationships in the community. The Covenant under Article 1313 of the Civil Code is an act by which a person or more binds himself to one or more persons. Unconsciously, oral agreements are often done in social life and often the parties who make the oral agreement deny the existence of the agreement. This research is descriptive normative juridical research. This study uses primary legal material sources consisting of laws and regulations bound by research. Sources of secondary legal materials in the form of materials or related materials and explain the problem, and the source of tertiary legal materials are materials that provide information about primary legal materials and secondary legal materials related to the research. Against the form of the exercise of the agreement in the oral form declared unilaterally by the party that offers the agreement inevitably the interested party in this case the second party is pressed with the interest of agreeing the contents of the agreement. Not to mention the possibilities that occur in the future that is wanprestasi with large losses so that the court to face, and what if the party who did the default is negligent, broken promise, do not acknowledge or deny having oral agreement Based on the background and problems that have been described above so it is necessary to examine the extent to which the legal protection of oral agreements, if one of the parties making the alleged infringement of the oral agreement is associated with the Law of Contract and the Consumer Protection Number Act. Based on this research it is concluded that the oral agreement is legal and has the legal power to declare a person to default, but if the oral agreement is denied / not recognized by the alleged defendant, the oral agreement has no legal power to declare a person to default, can be true and may not exist, depending on the proof of the parties. but verbal agreements that have been denied / unrecognized may regain their legal power if it can be proven that the oral agreement actually exists or has been made.Based on Law No. 8 Consumer Protection Consumer law is defined as the whole legal principles and rules governing relationships and problems between various parties or each other in relation to goods and / or services within the association of life. Based on Article 163 HIR and Article 1865 of the Civil Code, any party that argues for a right, then the party must prove it. So if the consumer demands his right to the business actor that harms him, then the consumer must prove. However, in Law Number 8 Year 1999 concerning Consumer Protection Article 22 and Article 28, the evidentiary obligation is "reversed" (reversed proof) to be the full responsibility and responsibility of the business actor. So the provisions on responsibility and redress in the Consumer Protection Act are lex specialists against the general provisions contained in the Civil Code.]]>
<![CDATA[Problems of Border Regions in Ensuring Legal Certainty Invest in Indonesia ]]>
<![CDATA[Rieta Lieke Lontoh]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 2 No 2 (2019): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.33096/substantivejustice.v2i2.36
<![CDATA[The mandate of Article 33 of the 1945 Constitution of the Republic of Indonesia maximizes all elements of development as an effort to realize the people's prosperity through the development of law in the field of investment in the perspective of regional autonomy in the border regions of the Republic of Indonesia. Border areas are a problem because legal certainty for investors has yet to find a meeting point for investment, especially in border areas, so it seems that government responsibilities are still minimal in efforts to equalize the welfare of its people. Normative juridical research methods using secondary legal materials produce a coherent legal science research in finding the truth, and the results of this study suggest that legal certainty does not accommodate the interests of development in border areas, causing a chain problem and an investment climate improvement is based on the fact that the lack the interest of foreign investors in Indonesia is caused by various obstacles, which in turn hinder the business of investors or cause the transfer of business to other countries. The author concludes to overcome economic problems, especially in investing, the government takes steps to encourage the competitiveness of national industries, through deregulation, bureaucratization, and law enforcement and business certainty. Therefore, through this paper, it is necessary to reform the legal rules by preparing regional regulations, especially in North Sulawesi relating to investment management in the border region, as a sample of study material that can provide legal certainty and protection for investors throughout Indonesia]]>
<![CDATA[Anti Corruption Attitude Of Students As A Corruption Measure Of Criminal Measures ]]>
<![CDATA[Yusrianto Kadir]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 1 No 2 (2018): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.33096/substantivejustice.v1i2.19
<![CDATA[This study aims to explain the development of character in changing the legal behavior of students and integrative model of character building in the prevention of corruption. The theoretical approach is directed to two main approaches namely the integration of anti-corruption values ​​and the formation of environments that are not permissive to corruption. The method used through the positivist legal approach and sourced from primary, secondary, and tertiary legal materials. The result of the discussion shows character education should involve not only the aspects of good knowledge (moral knowing), but also feel good or loving good (moral feeling), and good behavior (moral action). The main components forming behavioral intentions are Attitude toward behavior, Subjective norms, Control belief. The expected conclusion of student anti-corruption behavior targeted is the consistency of anti-corruption amid the reality of the external environment. Consistency is expected to further increase into the courage of students to be the vanguard in inviting people to do zero-tolerance against acts of corruption.]]>
<![CDATA[Embodiments of the Sovereignty of the Republic of Indonesia under the Immigration Control ]]>
<![CDATA[M Asri Wahyudin]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 1 No 1 (2018): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.33096/substantivejustice.v1i1.11
<![CDATA[The nature of immigration control over the misappropriation of visas and residence permits in Indonesia in the framework of the operationalization of a selective policy of immigration law so that foreigners residing in Indonesia have limitations both in terms of their immigration clearance and their activities. The essence of oversight in order to uphold the sovereignty of the Republic of Indonesia as a jurisdiction, namely: jurisdiction to prescribe, jurisdiction to adjudicate and jurisdiction to enforce. Basically the main objective of foreign control is to protect the people and the sovereignty of the State. Foreigners who do not bring benefits and can jeopardize order should be prevented from entering the territory of Indonesia.]]>
<![CDATA[Regional Autonomy in Realizing Good Governance ]]>
<![CDATA[Roy Marthen Moonti]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 2 No 1 (2019): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.33096/substantivejustice.v2i1.31
<![CDATA[Good Governance in regional autonomy is a phenomenon whose principle is talking about government or good government in terms of realizing good governance through the context of public services. The purpose of regional autonomy is solely to provide satisfaction to the community and prosperity of society in a government area. The purpose of this study is to determine the development of current regional autonomy in realizing Good Governance as intended. The research method used in the preparation of this study is a normative juridical method that is, in answering the problems of the realization of good governance, the legal point of view is based on the applicable legal regulations, henceforth it is connected with the reality in the field relating to the issues to be discussed. In terms of the development of regional autonomy, of course there are several things that are the main indicators, namely Equalization and Improvement of Development in the Regions, Improvement of Services for Communities, Optimization of Natural Resources and Human Resources in the Regions.]]>
<![CDATA[Quantitative Series: Factors Analysis Effects of Government Regulation Number 46 the Year 2013 For SME’s by Justice, Convenience, and Simplicity of Tax Aspects ]]>
<![CDATA[Aditya Halim Putra]]>;
<![CDATA[Aan Aswari]]>;
<![CDATA[Muhammad Ya'rif Arifin]]>;
<![CDATA[Rina Rina]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 1 No 2 (2018): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.33096/substantivejustice.v1i2.16
<![CDATA[In 2013 the business circle was struck by the new tax rules, namely Government Regulations PP No. 46, 2013 on taxation regulations among UKM (SME’s) / Small Medium Enterprises but the strong allegations issued PP 46 of 2013 is because the potential tax revenue from the sector of UKM has not been explored to the fullest. By the required by the taxpayer related PP. No. 46 of 2013 uses several variables, namely taxes, taxes, taxes and tax benefits. The object of this research is the perpetrators of UKM (SMEs) in Makassar City who do 40 people using quantitative analysis and quantitative analysis. The result of this research indicates that the perception of justice tax has a significant effect as well as the most dominant variable affecting taxpayer compliance, taxability perception has a significant adverse impact on taxpayer compliance, tax perception simplicity has no significant impact, taxpayer's judgment is not valid in testing. The overall coefficient of determination contributes 26.5%.]]>
