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Contact Name
Wahab Aznul Hidaya
Contact Email
wahabaznulhidaya@um-sorong.ac.id
Phone
+6281248582845
Journal Mail Official
jurnaljustisi@um-sorong.ac.id
Editorial Address
Jl. Pendidikan No. 27 Kota Sorong
Location
Kota sorong,
Papua barat
INDONESIA
JUSTISI: Journal of Law
ISSN : 19797532     EISSN : 26860821     DOI : https://doi.org/10.33506/js.v10i2
Core Subject : Social,
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 16 Documents
Search results for , issue "Vol. 9 No. 3 (2023): JUSTISI: Journal of Law" : 16 Documents clear
KONSUMEN ANAK: Kajian Tentang Perlindungan Hukum Terhadap Lagu Dangdut Koplo Via Youtube Arief Budiono; Kelik Wardiono; Arindra Puspita Sari
JUSTISI Vol. 9 No. 3 (2023): JUSTISI: Journal of Law
Publisher : Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v9i3.2262

Abstract

This research, which aims to describe the legal protection of children as consumers of dangdut koplo songs, is based on legal research using a doctrinal approach. The main data in this study is in the form of secondary data obtained through a literature study of the dangdut koplo song which is broadcast via the YouTube platform. Based on the discussions that have been carried out, it is known that the dangdut koplo song still does not provide legal protection for children as song consumers, because it is contrary to Law Number 23 of 2002 concerning Child Protection. Keywords: dangdut koplo songs, child protection, consumers.
PERAN HAKIM SEBAGAI PEMBARU HUKUM Alex Chandra
JUSTISI Vol. 9 No. 3 (2023): JUSTISI: Journal of Law
Publisher : Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v9i3.2337

Abstract

In Indonesia, the legal system adheres to the European continental system, which is a legacy of the legal system inherited from the Netherlands, which once colonized Indonesia and thus had a significant influence on the country's legal system. Within the framework of the Continental European legal system, judges play a crucial role in adjudicating cases and ensuring justice for all parties involved. According to the Judicial Power Law, judges are prohibited from rejecting a case and are expected to possess a comprehensive knowledge of the law. Therefore, in addition to upholding justice, judges must also be capable of creating or discovering legal principles This research employs a qualitative approach to explore the role of judges as legal innovators within Indonesia's judicial system. It concludes that in the European continental system, judges hold a highly significant position in legal innovation, which, in this context, pertains to law enforcement. In fulfilling their duties, judges must uphold values such as independence, morality, and justice to render fair judgments, aligning with the ultimate aspiration of the legal system..
Implementasi Beracara Secara Prodeo di Pengadilan Negeri Meulaboh Nila Trisna; Ulya Masyita Kahar
JUSTISI Vol. 9 No. 3 (2023): JUSTISI: Journal of Law
Publisher : Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v9i3.2342

Abstract

Court fee waiver services (Prodeo) for the underprivileged, as stipulated in the Supreme Court Regulation of the Republic of Indonesia No. 01 of 2014, is that any person or group of people who cannot afford it economically can do a case for free. At the Meulaboh District Court, prodeo cases did not work as they should, so the public did not know that free litigation services were available. This study aims to find out how the Prodeo trial procedure is, as well as the factors that cause the loss of Prodeo at the Meulaboh District Court. This study uses an empirical juridica method, to find out how efficiently the law works in society, government and legal entities. The use of Prodeo is only for underprivileged people by fulfilling the conditions that have been set and being able to follow all procedures in dealing with prodeo. The factor that causes the loss of Prodeo is due to the lack of isocialization specifically both directly and online media, this is what causes the public to not know about Prodeo cases and causes the loss of the Prodeo budget. keywords: Law, Prodeo,  justice.
Tanggung Jawab Apotek Dalam Kasus Kesalahan Penyerahan Obat Novianti Novianti; Abdul Kholib
JUSTISI Vol. 9 No. 3 (2023): JUSTISI: Journal of Law
Publisher : Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v9i3.2350

Abstract

Responsibility iniactivity toipharmacy apothecaryik is peifor meiguaranteeimy serviceitell meigood for patientin. Keierror in peinewirahan medicine can beibad impact on the patientin and meineed to be responsibleirdata oleih theiservice dragon toiwithito loseirta oninewihe field service toiwithihatan (apoteik) who biinvolved. MeiDeathsi which is used in peiit isilitian this is deijust meiuse meiDeathsi juridical normative deijustiatilaw and concessioniptual that beirsifat themiscriptif seirta supported by oleioriit isifield studies. Friuse the data providedirgunakan meiform the data seicouldir and primeir, which meiglued oniraturan oniprime law legislationir, seicouldir, and teirsionir, seirta field data from informants. From the point of view of consumer protection theory, mistakes made by pharmacies, whether intentional or unintentional, pharmacies must still be held responsible for their mistakes in dispensing drugs to consumers. In case of action that meinewibabkan tirhappen toistart mateiriil youito other parties, can be asked toiit is obligatoryibased on article 1365 KUH Peidate. Oniimplementation of responsibilities peirdata kareibyierror in peinewirahan medicine must be done deijust my wayichange toistart mateireal and imateireal generated. if meidiasi not beirhasil, passin get meisued apoteitheirki the realm of law in PEijudge.
Problematika Tindak Pidana Pelecehan Seksual Terhadap Laki-Laki: Bahasa Indonesia Khazza Kayvana Affadya; Aji Lukman Ibrahim
JUSTISI Vol. 9 No. 3 (2023): JUSTISI: Journal of Law
Publisher : Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v9i3.2365

Abstract

Abstract : This study aims to discuss sexual harassment against men, which in the last few years has continued to increase and is troubling so that it can be categorized as a problem that needs to be addressed immediately. Various factors such as toxic masculinity and gender double standards can be one of the causes of rampant sexual harassment against men, especially in Indonesia. All forms of regulations that have been passed and enforced have not been able to provide a significant direct effect in reducing the number of sexual harassment that occurs to men. This happens because good regulations are not accompanied by good implementation by law enforcement officials and the lack of participation and concern from the community in responding to the seriousness of sexual harassment against men. It is hoped that special spaces, institutions and forums that need to be provided to provide a greater sense of security for male victims of sexual harassment can be realized immediately in order to overcome the current problems. The writing of this research uses a normative method with several approaches, namely the statutory approach, the conceptual approach, and the case approach. The results of this study are expected to provide theoretical benefits in the form of scientific development in the field of criminal law, especially those concerning sexual harassment in men and practical benefits in the form of new insights for writers and readers, including input for the government, law enforcement officials in taking steps appropriate and efficient policy steps to uphold fair and balanced legal protection to reduce or prevent the occurrence of criminal acts of sexual harassment against men. Keywords: Sexual Harassment, Male Victims, Law Enforcement
Critical Study of Business Competition Supervisory Commission’s Authority in Handling Business Competition Violations Inas Sofia Latif; Ilham Aji Pangestu; Muhammad Rizqi Fadhlillah
JUSTISI Vol. 9 No. 3 (2023): JUSTISI: Journal of Law
Publisher : Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v9i3.2436

Abstract

The purpose of this study is to criticize the authority of the Business Competition Supervisory Commission (KPPU) in overcoming and resolving business competition violations. The authority in question is regulated in Law Number 5 of 1999 concerning the Prohibition of Monopoly Practices and Unfair Business Competition (Business Competition Law) jo. Law Number 11 of 2020 concerning Job Creation. According to the provisions of laws and regulations, KPPU acts as an independent state auxilary organ. At the practical level, KPPU exercises the authority to investigate, prosecute, and decide. Normative legal research is used by researchers to answer related problems through a legal approach and a comparative approach with literature study methods. The results showed that the implementation of KPPU's authority in handling business competition violations can be said to be still not optimal. Researchers suggest that the ideal authority policy in handling business competition violations can refer to several countries that have similar business competition law enforcement agencies by making adjustments to business competition conditions in Indonesia.
Buying and Selling Cosmetics Not Labeled Halal in Bitung City Perspective of Muamalah Jurisprudence Nasruddin Yusuf; Magfirah Botutihe; Pedro Muhammad Arfi Gonibala
JUSTISI Vol. 9 No. 3 (2023): JUSTISI: Journal of Law
Publisher : Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v9i3.2461

Abstract

Bitung City is a city located in North Sulawesi whose residents have a high interest in maintaining the performance of their appearance, both women and men. To get a good and beautiful performance and appearance, it is necessary to use beauty tools and cosmetics that support their appearance. The problem is that some cosmetics that are marketed do not have a halal label so they become safe and halal for use in the lens of Islamic law. Some respondents in Bitung City have different views regarding the law on the sale and purchase of cosmetics that are not labeled halal. From the results of the study, it was found that some Muslim users and sellers do not care about the halal label or not in cosmetic products, the most important thing for them is that it has been standardized safe for health issued by BPPOM RI, so in their view it is okay to buy and sell this kind of Some others view the provisions of halal law in products marketed as what causes buying and selling to be legal and halal according to Islamic law. Because the cosmetics marketed are not labeled halal, the cosmetics have the status of sunhat or doubt halalala. Therefore, buying and selling are also categorized as a syubhat buying and selling. Shubhat buying and selling is included in the category of buying and selling that is gharar or vague because of the uncertainty of the legal status of the contents contained in the cosmetics, whether halal or haram. Buying and selling gharar is buying and selling prohibited in the provisions of Islamic Sharia. Keywords: Cosmetics, Buying and Selling, and Review of Muamalah Jurisprudence
Juridical Analysis Of Credit Agreements With Shopee Paylater Shenti Agustini
JUSTISI Vol. 9 No. 3 (2023): JUSTISI: Journal of Law
Publisher : Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v9i3.2469

Abstract

Technological developments have an impact on today's business world. Shopee is an online buying and selling application with payment methods made online, namely through the shopee paylater feature or what can be called an online credit agreement. However, there are several cases of default on credit agreements made through the shopee paylater feature. The purpose of this study is to analyze the form and legitimacy of the shopee paylater and settlement of default cases that occur in credit agreements through the shopee paylater. The research method used is normative juridical. The results of the study show that the form of the shopee paylater credit agreement is a standard form of agreement and has legal validity based on the Civil Code. Then the standard agreement is also an implementation of the principle of contractual freedom. If there is a default case in the credit agreement through the shopee paylater, it can be resolved through litigation and non-litigation. Keywords: Credit, Agreement, Shopee
Kedudukan Sertifikat Merek Bagi Perlindungan Badan Usaha Mikro Kecil Dan Menengah Dian Eka Pertiwi; Dwi Desi Yayi Tarina
JUSTISI Vol. 9 No. 3 (2023): JUSTISI: Journal of Law
Publisher : Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v9i3.2472

Abstract

Trademark registration which is one of the characteristics of msmes is often ignored by business actors. The increase in trademark registration is still not proportional to the number of existing msmes. The purpose of this research is to find out the status of a trademark certificate for the protection of Micro, Small and Medium Enterprises entities so that it supports the need for every Micro, Small and Medium Enterprises actor to immediately register their trademark in order to obtain protection under the applicable law. This study uses juridicial normative research by examining secondary legal materials supported by interview results as well as statutory approaches. The position of the brand certificate is important to provide legal protection for the registered trademarks of MSME actors. The government is making various efforts to continue to encourage msmes in terms of registering their trademarks such as holding a free trademark registration program to provide lower registration fees for msmes.
Disharmoni Pertanggungjawaban Pidana Disabilitas Mental Dalam Hukum Positif Di Indonesia Faiz Aqiel Maula Hidayat; Aji Lukman Ibrahim
JUSTISI Vol. 9 No. 3 (2023): JUSTISI: Journal of Law
Publisher : Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v9i3.2474

Abstract

Criminal acts, which in essence cannot be separated from social life, seem to not only occur among ordinary people, but can also occur for and against persons with disabilities. However, the author sees that arrangements regarding criminal liability, especially for persons with disabilities, still contain ambiguity and disharmony between one another. So the authors in this paper aim to discuss the criminal responsibility of persons with mental disabilities in positive law in Indonesia, by using juridicial-normative research methods and guided by the statutory and regulatory approach and case approach. The problems in this study were then analysed and presented in the form of descriptive-qualitative research, so that the results of the research were that in Indonesia's current legal regulations regarding criminal acts by perpetrators of persons with disabilities there are no provisions governing the criminal liability of persons with disabilities at all. Thus, there is a disharmony in the laws and regulations regarding this matter which results in disparity in the judge's decision, even though it involves expert testimony as the judge's consideration. If using a futuristic interpretation that is in line with progressive legal theory, then the existence of the Law on Persons with Disabilities needs to be revised. This is also an implication of the birth of a new Criminal Code which in Articles 38 and 39 regulates more specifically in this regard compared to the old Criminal Code, but still requires further explanation and discussion in the Law on Persons with Disabilities. So in this case the author provides suggestions and recommendations in the form of the need for revision of the Law on Persons with Disabilities as a form of harmonization of positive law in Indonesia. Keywords: Disharmonization of Regulations; Criminal Offenders; Disabilities.

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