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[Discourses of Legal Certainty in Execution of Administrative Court Decision ]]>
<![CDATA[Nyoman Martana]]>;
<![CDATA[Putu Ade Hariestha Martana]]>;
<![CDATA[Kadek Agus Sudiarawan]]>;
<![CDATA[Bagus Hermanto]]>
<![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.v2i2.35
<![CDATA[After the enactment of the Law of Government Administration implied the regulation concerning the execution of the Administrative Court Judgment. Some pro-cons academic and practice discourses, arguing that the enactment of the Law of Government Administration is the culminating point from the limited role of the Administrative Court on enforcing the administrative law and the argument that the regulation of the Law of Government Administration contains various ambiguities norms in concern with implementation in the Administrative Procedural Law System. This study aims to analyze and discuss concerning the regulation of the provisions of the Administrative Court Ruling execution, constrains in judgment execution and the legal certainty for the justice seekers in the provisions of the Administrative Court Ruling execution after the enactment of the Law of Government Administration. This paper is using a normative and empirical method. The data that using consisted of primary and secondary data, were analyzed using qualitative methods. This study result is presented in a descriptive analysis paper.]]>
<![CDATA[Establishment Of Village Regulations In Realize Autonomy Village ]]>
<![CDATA[Roy Marthen Moonti]]>
<![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.v1i2.17
<![CDATA[Provision of regional autonomy is the granting of authority and flexibility to regions to manage and utilize regional resources optimally, of course, the granting of such authority must be balanced with the establishment of adequate regulations. However, there are still many problems related to the formulation of regulations, especially the village regulations. As long as government-cooled development starts from the lowest levels of government, the village has not proceeded as desired. The purpose of this study to determine the Status of Village Rules In Autonomy Village Governance System. The research method used in the preparation of this research is the normative juridical method that is in answering the problem used the legal point of view based on the applicable law regulation, to then be connected with the reality in the field related to the issues to be discussed. Village regulations serve as indicators in the successful implementation of village autonomy. In Law Number 6 Year 2014 Article 115 letter b and e jo Article 112 paragraph 1 stipulates the provision that the Regency / Municipal Government shall supervise and administer the Village Government which in the case of Village Regulation in the form of guiding the formulation of Village Regulation and Village Head Regulation as well as evaluating and supervision of Village Rules.]]>
<![CDATA[Stagnancy of Land Use Arrangement Former Cultivation Rights ]]>
<![CDATA[Dwi Gatra]]>;
<![CDATA[Syamsuddin Pasamai]]>;
<![CDATA[Hasan Kadir]]>;
<![CDATA[Andika Prawira Buana]]>;
<![CDATA[Aan Aswari]]>
<![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.v1i1.14
<![CDATA[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.]]>
<![CDATA[Legal Protection on Intellectual Property Rights in the Development of Creative Economy in Mamuju Regency ]]>
<![CDATA[Suryansyah Suryansyah]]>
<![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.v2i1.30
<![CDATA[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.]]>
<![CDATA[Legal Liability Company Based On Sharing Economy to Service And Consumer Providers ]]>
<![CDATA[Fakhry Amin]]>
<![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.v1i2.23
<![CDATA[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.]]>
<![CDATA[Interpretation Of Judges In Supreme Court Decision Number: 46 P/HUM/2018 ]]>
<![CDATA[Muslim Andi Yusuf]]>;
<![CDATA[Dharma Fidyansari]]>
<![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.v2i2.43
<![CDATA[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.]]>
<![CDATA[Legal Politics of Simplifying Political Parties in Indonesia (Case Study of 2004 – 2014 Election) ]]>
<![CDATA[Mochammad Andry Wikra Wardhana Mamonto]]>
<![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.v2i1.25
<![CDATA[Combination of presidential government systems and multi-party systems as a system of Indonesian state has led to a government that does not effective and stable. The formulation of the problem which is the focus of the study in this paper, namely how is the legal politics of simplification of political parties in Indonesia for the period 2004 – 2014. The research method used in this study is normative. Based on the results of the study, the authors obtained answers to the existing problems, that the legal politics of simplifying political parties in Indonesia is democratic legal politics, but the legal politics of simplifying political parties in Indonesia should not only be directed at simplifying political parties in parliament, but also simplifying political parties in political parties participating in the general election.]]>
<![CDATA[The Giving Legal Aid For The Poor On A Criminal Case ]]>
<![CDATA[Ramdhan Kasim]]>
<![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.v1i1.12
<![CDATA[The purpose of this study is to know and examine and analyze the nature of the provision of legal aid for the poor in criminal cases and to know and review and analyze the role of Legal Aid Organizations in Providing Legal Aid for the Poor in criminal cases. as well as to know and examine and analyze what factors influence the implementation of legal aid of the Poor in criminal cases.]]>
<![CDATA[Implementation of Human Rights Protection Towards in Penitentiary of Children in Makassar ]]>
<![CDATA[Mursyid Mursyid]]>
<![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.v2i1.29
<![CDATA[The urgency of child protection encourages a variety of efforts carried out by the government and society because it is considered not only to protect children as human beings but also as part of national development. Crimes or violations committed by the child then serve the sentence set by the juvenile justice process should still get full protection because it is considered the child still has a long future and the opportunity to build a nation after undergoing accountability errors that make it a human hope for the future come. The purpose of the study is to analyze the implementation of protection of human rights and the factors that influence the implementation of human rights protection for children in the Makassar Correctional Institution. As a result, the implementation of human rights against child prisoners is still less effective, because conceptually and in reality there has not yet been a clear difference between the implementation of human rights for adult prisoners. This study shows that there is no specific pattern that is applied in implementing human rights to children, where the practice of implementing child prisoner formation is still not in accordance with the basic idea, namely providing protection in order to achieve child welfare. The factors are legislation, facilities and infrastructure, organizational structure, human resources and administrative management, and not yet integrated handling of the implementation of human rights for child inmates by the entire criminal justice system.]]>
<![CDATA[Community Involvement in Preparation of EIA Documents as Implementation of Participatory Principles In Law No.32 Year 2009 About Protection and Environmental Management (Study at PT Mandiri Mining Corporindo) ]]>
<![CDATA[Rahmat Rahmat]]>
<![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.v1i2.22
<![CDATA[PT. Mandiri Mining Corporindo (MMC) is a mining company of Mangan in Bonehau Village, Bonehau District of Mamuju Regency, West Sulawesi Province with exploration license number 418/2009 and production operation license number 333 of 2010, where production process has started since October 2010, while the area of mining business license owned by PT.MMC is 178 ha covering 178 ha area covering production forest area 125 ha and community plantation 53 ha, but a newly managed area about 30 percent. Since the beginning of the opening of mining companies in this village has raised concerns about the negative impact of environmental damage, given the location of the mine directly bound to the plantation and rice fields of local communities. This is an interesting issue studied from the legal aspects of licensing, especially environmental permissions so that the problems in this research are; First what is the position of Environmental Impact Assesment EIA in PT.MMC environmental permit? Second, how does the community engage in the document of Environmental Impact Assesment EIA PT.MMC implementation. the results of this study indicate that the EIA position in the environmental permit is an absolute obligation and prerequisite if a company violates the environmental permit, the business license or activity may be canceled. And the PT.MMC EIA issuance procedure has been in accordance with the legislation but in its implementation is not in accordance with the planning.]]>
