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INDONESIA
JUSTISI: Journal of Law
Published by Universitas Muhammadiyah Sorong
ISSN : 19797532     EISSN : 26860821     DOI : https://doi.org/10.33506/js.v10i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Justisi provides a forum for publishing research articles, reviewer articles from academics, analyst, practitioners who are interested in providing literature on Legal Studies in all aspects. Scientific articles covering among them : 1. Criminal Law; 2. Civil Law; 3. Constitutional Law; 4. State Administrative Law; 5. Internasional Law; 6. Legal Comparison.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
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Search results for , issue "Vol. 10 No. 2 (2024): JUSTISI: Journal of Law (on process)" : 8 Documents clear
Breaking The Promise to Marry Unlawful Acts or Default Auliah Ambarwati; Muh. Fadli Faisal Rasyid; Saharuddin Saharuddin; Devi Dwi Wulandari; Muh. Akbar Fhad Syahril
JUSTISI Vol. 10 No. 2 (2024): JUSTISI: Journal of Law (on process)
Publisher : Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i2.2481

Abstract

This study aims to find civil law arrangements regarding the juridical analysis of breaking a promise to marry or what is commonly referred to as Broken Marriage Promises as an unlawful act. What are the legal consequences of breaking a marriage promise as unlawful? This study uses a normative legal research type with a statutory approach. The types and sources of legal materials use primary, secondary, and tertiary legal materials. Analysis of legal materials uses deductive logical reasoning, which is studied from a qualitative perspective. The results of the study show that breaking a promise to marry or commonly called promises of marriage as an unlawful act, is regulated in Article 58 of the Civil Code and several judges' decisions such as Supreme Court Decision Number 3191 K/Pdt/1984, Supreme Court Decision Number 3277 K/Pdt/2000, Decision of the Supreme Court Number 1644 K/Pdt/2020. The legal consequences of breaking a marriage promise as an unlawful act, namely if a person suffers a loss due to breaking of the marriage promise, both material and immaterial losses, then he can be sued for compensation following the loss suffered if the element of the unlawful act is fulfilled according to Article 1365 of the Civil Code. Keywords: Marriage promise; Unlawful act; Default.
Enforcement of Criminal Penalties for Drug Abuse Committed by Police Officers Alim Fajar; Indah Iftiati; Silvania Soviana
JUSTISI Vol. 10 No. 2 (2024): JUSTISI: Journal of Law (on process)
Publisher : Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i2.2812

Abstract

Policing is a government function responsible for maintaining public order and safety. As an institution, the police have the authority to enforce laws and provide guidance and services to the community. This study investigates the enforcement of criminal penalties for drug abuse committed by police officers. The research adopts a normative legal approach, anchoring itself in the legal framework outlined within Law Number 35 of 2009, specifically focusing on the realm of Narcotics. This research method employs a normative juridical approach, wherein the issues arising in the field are examined through legal materials discussing the abuse of narcotics. The study finds that judges impose criminal sanctions on police officers who abuse narcotics in the same way as civilians, as specified in Law Number 2 of 2002 concerning the Indonesian National Police Article 29 paragraph (1). This underscores the civilian status of police officers, making it clear that they fall outside the purview of military law. Keyword: criminal sanctions, narcotics abuse, police officers
Harmonizing Law Enforcement Officials Against Child Victims of Narcotics Abuse Fauzi Anshari Sibarani; Erwin Asmadi
JUSTISI Vol. 10 No. 2 (2024): JUSTISI: Journal of Law (on process)
Publisher : Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i2.2834

Abstract

Law No. 35/2009 on Narcotics explains that drug abuse is considered a crime without victims. In handling children who are involved in drug cases, the main principle that must be considered is the best interest of the child. This principle is contained in the Juvenile Justice System Law, which emphasizes that every decision must consider the welfare of the child's life and development. The legal protection of children caught up in drug abuse causes the boundaries between perpetrators and victims to become blurred, because according to the law, drug abuse is considered a criminal offense. Therefore, the legal establishment of both the Police, the Prosecutor's Office and the Judiciary needs harmonization so that the application to children who abuse drugs can be put forward, so that children can be given legal certainty in terms of justice. This study is to analyze the harmony of legal confirmation on children as victims of drug abuse. The method used is normative juridical research with a focus on literature study which uses secondary data. The conclusion of the research is that children as victims of narcotics abusers must be given sanctions in the form of rehabilitation, not imposed criminal sanctions because what children do is a crime but without causing victims (crime without victim), harmonization of law enforcement agencies (APH) in cases of children becoming victims of drug abusers must be aligned for the welfare of children. Keywords: Law Enforcement Officers, Child Victims, Narcotics Abusers.
Effectiveness of KPAI's Role in Legal Protection of Children as Victims of Bullying Crime Made Fajar Ari Wibawa Putra; A.A.A.Ngurah Tini Rusmini Gorda
JUSTISI Vol. 10 No. 2 (2024): JUSTISI: Journal of Law (on process)
Publisher : Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i2.2837

Abstract

Bullying is frequently encountered, particularly within school environments. In response to this issue, The Indonesian Child Protection Commission (KPAI) was established to protect the interests of children and prevent violence against them. This study aims to examine the effectiveness of the Indonesian Child Protection Commission in safeguarding the rights of children who are victims of bullying crimes, and the legal protections provided for children as victims of such crimes. The empirical legal method was employed in this research, utilizing both primary and secondary data sources. Data collection techniques included interviews and literature studies, with qualitative descriptive data analysis. In the discussion of this research, the author utilizes the theories of legal effectiveness, legal protection, and the principle of lex specialis derogate legi generalis. The findings indicate that the Indonesian Child Protection Commission has effectively fulfilled its duties, as evidenced by a significant decrease in reported cases from 2021 to 2023. The role of the Indonesian Child Protection Commission, in collaboration with other institutions such as the Commission for the Protection of Children in the Region (KPPAD) and UPTD PPA, involves providing protection for children victimized by bullying through supervision, legal assistance, and psychological support. Keywords: Legal Protection, Bullying Crimes, Victims.
Legal Analysis Regarding Donation Fraud Through Online Media Shenti Agustini; Ampuan Situmeang; Agustianto Agustianto
JUSTISI Vol. 10 No. 2 (2024): JUSTISI: Journal of Law (on process)
Publisher : Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i2.2852

Abstract

Indonesia already has regulations in place to regulate digital fraud matter, but these regulations have not been able to accommodate current needs. The novelty in this research is that this research discusses current issues where fraud is carried out using sophisticated technology, namely through cyberspace, even fraud can also be carried out for the reason of a good cause, namely making a donation. The purpose of this study is first, to analyze the laws governing online donation fraud. Second, to identify cases or phenomena regarding fraud that occur online and resolve these cases. then through this research can produce a recommendation or legal solution will be found in overcoming the online fraud case. The method in this study is normative juridical which uses a statutory approach consisting of laws, namely Law Number 9 of 1961 concerning Collection of Money or Goods, Government Regulation Number 29 of 1980 concerning Implementation of Contribution Collection. Then the data collection technique is through literature studies and studies through fraud cases that have occurred. Based on the results of the research, it was found that online donation fraud cases are currently being tried using the criminal law code and the law on information and electronic transactions. However, the two regulations have different elements of fraud and sanctions. Even though Indonesia has a regulation that specifically regulates the collection of donations, however, these two regulations do not regulate the forms of donations that can be made online. Keywords : Scams; Donations; Online.
Animals as Criminal Evidence in the Perspective of Criminal Procedure Law Yuan Lievia Wijaya; Syaifuddin Zuhdi
JUSTISI Vol. 10 No. 2 (2024): JUSTISI: Journal of Law (on process)
Publisher : Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i2.2912

Abstract

This study aims to determine the conception of living things as evidence in a criminal offense based on existing legal regulations in Indonesia; the method used in this research is a normative method with a statutory approach, and the data used is secondary data, in the form of primary legal materials consisting of Law Number 8 of 1981 concerning Criminal Procedure (KUHAP) and the Draft Criminal Procedure Code (RKUHAP). The results of this study found that living things can be used as evidence if they meet several leading indicators, one of which is that these living things must be directly related to a criminal case; the novelty of this research regards the wetting and comparison of animals as evidence from the perspective of the Criminal Procedure Code and Draft Criminal Procedure Code.Keywords: Animals; Crime; Evidence
RIGHT TO BE FORGOTTEN SEBAGAI UPAYA PENEKANAN ANGKA RESIDIVIS TINDAK PIDANA PENCURIAN Andhiya Moza Faris; Dian Rachmat Gumelar
JUSTISI Vol. 10 No. 2 (2024): JUSTISI: Journal of Law (on process)
Publisher : Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i2.2932

Abstract

This research’s background is from the thievery recidivist cases that appear frequently. The recidivist case itself, as the general public has known for a long time, is caused by various factors, one of them being an economic factor. This differs from state officials’ corruption cases that did not have any correlation with the economic condition of the defendants. The aim of this research is to prove that the Right to Be Forgotten can be a solution for decreasing the number of thievery recidivist criminal acts in In the current digital era, there is a close connection with digital footprints, making job opportunities for theft ex-convicts limited. This aspect is then one of the main focuses of the study. This article uses the normative juridical as a research method by utilizing relevant literature from other journal articles, books, and related documents. The results of the research’s is that to support the new penal system where the rehabilitative and the humanism aspects are being highlighted, the act of “clearing name” for ex-convicts is needed to support them to have more job options after they get out of the prison other than owning a Small and Medium Enterprise (SMEs) with the skills they got when they were in the prison. The reason for that is with the development of technology, one of the indicators for hiring someone is to watch out for their record, both on the internet and social media. Keywords: Ex-convicts; Recidivist; Right to Be Forgotten.
Conducting Court Proceedings in Contested Divorce Cases for Persons with Disabilities at Class 1a Malang Religious Court Lia Rosa Fauziah Kilihu; Moh. Muhibbin; Suratman Suratman; Nurika Falah Ilmania
JUSTISI Vol. 10 No. 2 (2024): JUSTISI: Journal of Law (on process)
Publisher : Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i2.3168

Abstract

: People with disabilities often receive unequal treatment, especially in the justice process. People with disabilities have equal rights in everything, including the legal process. However, there are barriers for persons with disabilities in the Religious Court of Malang. The purpose of this writing is to find out the obstacles and efforts that occur to persons with disabilities during the legal process.  The research method used is empirical juridical, by conducting interviews or observations at the Malang Class 1A Religious Court.  In this study, it was found that the barriers to lawyering in the Malang Religious Court were insufficient facilities for persons with disabilities, such as the use of language in communication for persons with disabilities. The purpose of legal services for persons with disabilities when dealing with the law in the Religious Courts is to realize inclusive religious justice services. The obstacles in Religious Court of Malang continue to be pursued optimally and gradually by the Malang Religious Court through capacity building for human resources to understand disabilities within the scope of the court which is needed as part of excellent service, which aims to provide information and information to parties with disabilities without hesitation. Keywords: People with Disabilities; Judiciary; Religious Court of Malang.

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