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Andi Hidayat Anugrah Ilahi, Titien Pratiwi Adnas
Substantive Justice International Journal of Law, Volume 4, pp 60-76; https://doi.org/10.33096/substantivejustice.v4i1.117

Abstract:
The rampant localization of prostitution that moves implicitly on the Nusantara Street of Makassar causes a long-standing problem that is neglected in terms of legislation, sexually transmitted diseases, and human trafficking. This study aims to provide information about raising social reality through case studies of the relationship between commercial sex workers and nightclubs (THM) on Nusantara street, as well as an observation of the phenomenon of pimps, customers, and commercial sex workers in the Indonesian legal system, and comparison on the perspectives of the government and local regulations in the City of Makassar. The method used in this research is depth interview, observation, and literature review. The findings indicate that there is a mutual relationship between nightclubs (THM) and prostitution activities and that they even benefit each other. In addition, the existence of Regional Law Number 4 of 2014 On the Supervision and Control of the Procurement, Distribution, and Sale of Alcoholic Beverages shows that there is no firm step taken by the local authorities to minimize the activities of nightlife entertainment and hidden prostitution.
Peter Jeremiah Setiawan, Xavier Nugraha, Elma Putri Tanbun
Substantive Justice International Journal of Law, Volume 4, pp 25-46; https://doi.org/10.33096/substantivejustice.v4i1.122

Abstract:
The nature of law enforcement in resolving multi-dimensional information disputes has a logical consequence on the need for constructive law enforcement. This research aims to examine the forms of law enforcement that exist in resolving disputes over requests for public information and to formulate a constructive mechanism to realize a series of law enforcement procedures with legal certainty. This research is normative legal research using a statutory and conceptual approach. The results showed that law enforcement in the settlement of public information disputes consists of the objection, non-litigation adjudication, and litigation covering civil, state administration, and criminal law. In this case, The Criminal law instruments are placed as the final law enforcement if the relevant public agency does not carry out a decision that has permanent legal force. In addition, in the context of realizing comprehensive and constructive law enforcement, a Memorandum of Understanding was held between the Information Commission and the Police to synergize and effectively implement the criminal law as a final resort.
Joko Sriwidodo
Substantive Justice International Journal of Law, Volume 4; https://doi.org/10.33096/substantivejustice.v4i1.121

Abstract:
Recently, several cases show the criminal justice system in Indonesia has not guaranteed legal certainty and justice for the people. Thus, it is necessary to have a breakthrough in Indonesia’s criminal justice system by using the restorative justice approach. This approach is carried out by transferring and institutionalizing in accordance with justice. For this reason, it is necessary to have a specific regulation regarding the settlement of cases based on the concept of restorative justice in law enforcement institutions in Indonesia, especially in the attorney offices. The problems in this research are: How is law enforcement in Indonesia based on the concept of restorative justice? And how are the attorney’s efforts to resolve criminal cases based on the concept of restorative justice? This study aims to provide an overview of the restorative justice application. To respond to the senses of justice in society by implementing case resolution based on restorative justice. This normative legal research is conducted by library research through studying and analyzing primary, secondary, and tertiary legal materials. The research results show that the resolve of criminal cases by the Attorney General Office uses the Indonesian Attorney Office Regulation (PERJA) Number 15 of 2020 concerning Cessation of Prosecution Based on Restorative Justice.
Suwari Akhmaddhian, Ria Virigianti, Erga Yuhandra
Substantive Justice International Journal of Law, Volume 4, pp 15-24; https://doi.org/10.33096/substantivejustice.v4i1.109

Abstract:
Environmental issues are interesting subjects that are related to the earth’s sustainability. While Garbage is basically an obstacle, it also has the potential to prevent environmental damage and increase the community's economy if it is well managed. This research aims to analyze local government policies in waste management based on the value of ecological justice to achieve natural preservation. The research method used is qualitative with primary data from interviews and observations supported by laws and regulations related to waste management. The research was conducted in Kuningan Regency and Ciamis Regency. The results showed that the Ciamis local government policy in waste management was equipped with local regulations, government officials, infrastructure, community participation, and program innovation, namely waste sorting, waste bank, maggot, and garbage alms. The conclusion is that local government policies, especially in Kuningan, still need improvement related to optimizing the role of the local government in institutional and funding of waste management and increasing public education regarding waste management. Good waste management can create environmental sustainability and community welfare.
Pipi Susanti, Rafiqa Sari
Substantive Justice International Journal of Law, Volume 4, pp 47-59; https://doi.org/10.33096/substantivejustice.v4i1.106

Abstract:
In fact, there are still many people living in poverty where they cannot fulfil their basic needs, be it food or clothing, there are still many children who drop out of school which causes ignorance. Education is one of the things that can change a family to be prosperous, therefore the government is obliged to fulfil this right. The problem in this paper is what form of government responsibility to fulfil the basic rights of the unprosperous people in education? The writing method used is normative with more emphasis on positive legal norms in the form of statutory regulations. The result of the discussion of this writing is that education is the basic right of the unprosperous people fulfilled by the government. In carrying out its responsibilities, the government fulfils the basic rights of the unprosperous people in several programs. Education which is the basic right of the unprosperous people is provided by the social service through PKH, while the Education Office provides these rights through (PIP) As stated in Article 31 of the 1945 Constitution, the community is required to get an education and the government is responsible for this, with some Indonesian program has fulfilled the rights of the unprosperous people in education.
Putri Triari Dwijayanthi, Ni Ketut Supasti Dharmawan
Substantive Justice International Journal of Law, Volume 3, pp 167-179; https://doi.org/10.33096/substantivejustice.v3i2.90

Abstract:
Tie-dye is known as a method of dyeing which results in a design on the fabric by which the fabric is collected and tied tightly with fibres, rope, or yarn, then dyed or coloured. The cloth is then processed into clothes, masks, and other accessories which can now be easily found in several online shops. This paper aims to identify, analyze, and elaborate on the legal protection of tie-dye motifs based on Indonesia Law Number 28 the Year 2014 concerning Copyright and the responsibilities of influencers who promote tie-dyed motif products. This is normative legal research with a statutory approach and a conceptual approach. The technique of tracing legal materials uses document study techniques and the analysis of studies uses qualitative analysis. The study shows that the tie-dye motif has been protected under Copyright law both nationally and internationally. Tie-dye motif as a form of continues to be developed with a high economic value has received clear protection under Indonesia Law Number 28 of 2014 concerning Copyright. The clear arrangement of tie-dyes is becoming increasingly important, especially when tie-dyes are used commercially. Regarding the Announcement of a copyrighted work, such as tie-dye products, the element of the uniqueness of form and originality are important points in copyright protection, so it is only natural for an influencer not to allow the sale and/or duplication of goods resulting from infringement of copyright and/or Related Right as regulated in Indonesia Copyright Law.
Muhammad Kamal
Substantive Justice International Journal of Law, Volume 3, pp 180-195; https://doi.org/10.33096/substantivejustice.v3i2.89

Abstract:
This research aims to identify and understand the position of legal protection for workers with a system of fixed-term employment contracts in the aspects of work relations, protection, and wages based on Employment laws and regulations. This research uses an empirical normative research method which combines the normative legal approach with empirical research. The results of this study indicate that there are still many companies in Makassar City that do not implement statutory regulations, especially regarding workers 'rights, for example, workers' status based on fixed time or a Non-Specified term employment contract and wages that are not in accordance with the city's minimum standard. As for the conditions of the workers, based on the analysis result from the prescriptive aspect, there were 95 or 47.50% of 200 workers starting a cooperative relationship without making a written agreement. Furthermore, there are as many as 55 or 27.50% of 200 workers assess that in their work activities, they do not get rights, there are also as many as 110 or 55.00% of 200 workers do not know what the form of worker rights is. Furthermore, there were as many as 140 or 70.00% of the 200 workers who received compensation that did not match the minimum wage in 3 (three) companies in Makassar City. These problems can be resolved appropriately if Law no. 13 of 2003 is properly implemented by Labor Inspectors and Specialist Labor Inspectors as the person in charge based on Minister of Manpower Regulation (Permenaker) No. 33 of 2016.
Muhammad Hatta Roma Tampubolon
Substantive Justice International Journal of Law, Volume 3, pp 147-166; https://doi.org/10.33096/substantivejustice.v3i2.77

Abstract:
Social movements of the legal community of Tau Taa Wana Custom is a struggle to release threats and structural shackles and want recognition of customary (communal) rights that they deserve. This study aims to analyze and explain the factors that led to the birth of the Tau Taa Wana indigenous peoples' social movements. The research design is descriptive qualitative with a case study approach. Research informants as many as 5 people selected purposively. Data collected through observation, in-depth interviews and literature study. the results showed that the social movement of the Tau Taa Wana indigenous people was driven by three determinants namely, the threat of capitalist expansion through an expansion of oil palm plantations, the threat of loss of communal natural resources due to oil palm expansion, the creation of solidarity in maintaining customary rights and local wisdom. It was concluded that Tau Taa Wana customary law community social movements are caused by policy imbalances, weak state protection functions and the lack of state recognition of the existence of Tau Taa Wana indigenous peoples
Prawitra Thalib, Sri Hajati, Faizal Kurniawan, Komari Aldiansyah
Substantive Justice International Journal of Law, Volume 3, pp 196-210; https://doi.org/10.33096/substantivejustice.v3i2.76

Abstract:
Baitul Maal wat Tamwil is a financial institution with a sharia concept that was born as a choice that changes the concept of maal and tamwil in one institution. The concept of maal was born and became part of the lives of Muslim communities in terms of collecting and distributing funds for zakat, infaq and shadaqah) productively. While the Tamwil concept was born for purely business activities to benefit from the middle to micro sectors of society. One of the financing activities carried out by BMT is financing based on profit sharing principles. Profit sharing is done by two types with mudharabah and musyarakah contracts. musyarakah is derived from the word syirkah, also called syarikah, which means a cooperation agreement between two or more parties for certain businesses, each party providing the assistance fund, and will be borne together in accordance with the aid fund, or mutual agreement. The methods used in the writing of this article are normative research using a statute approach and a conceptual approach.the result of this research indicates distribution of funds or financing must pay attention to various matters relating to caution both from within and from outside the Islamic Financial Institutions of Islamic Banks and Non-Islamic Banks. Matters issued from internships are in the form of Legal Lending Limit (LLL), financing guidelines, operational aspects. Aside from internal, things that are of caution are also excluded from the external supported by 5C analysis (Character, Condition, Capacity, Capital, Guarantee) and sharia compliance). This analysis must be considered in channeling financing to avoid elements forbidden in Islam.
Moh. Fadhil
Substantive Justice International Journal of Law, Volume 3, pp 125-146; https://doi.org/10.33096/substantivejustice.v3i2.75

Abstract:
Systems regarding the legal remedy of communication interception can be found in several regulations. However, those systems are not supported by horizontal harmonization since each regulation governs the mechanism differently, so there is a disparity among interception regulation. This paper analyzes the harmonization of wiretapping regulations in Indonesia from a law enforcement perspective with an inventory of regulations governing the current mechanism of interception. The results concluded that first, the disparity in intercepting authority of communication interception practice regulated by several institutions in the same form of crime eradication authority must be reformulated to restore overlapping regulations. Secondly, the interception regulation as a coercive force that derogates the right to privacy must contain detailed provisions in terms of a permit request and the wiretapping authority. The permit application must contain the purpose of the request for wiretapping permission descriptively. Moreover, these provisions must explicitly regulate legal subjects that are authorized to conduct wiretapping practice in the form of clear mechanisms and coordination with the direct superiors and court supervision regulating the interception procedure as well as the cooperation between law enforcement officials and telecommunications service providers. Third, prospectively interception regulations can be assessed from the political will of the legislators. The decision of the Constitutional Court No. 5/PUU-VIII/2010 mandates the need for horizontal harmonization of interception regulations in the form of the Interception Bill, which is also included in the 2019 National Legislation Program.
Ayup Suran Ningsih
Substantive Justice International Journal of Law, Volume 3, pp 109-124; https://doi.org/10.33096/substantivejustice.v3i2.73

Abstract:
In fulfilling everyday needs, certainly needing equipment and supporting equipment in practice. However, due to limited capital, the background of the birth of legal entities from the government to the private sector offered a program to lend money which was then used for capital. In the process, this loan is often called a credit agreement in which the minimum requirement is a guarantee that will later be used as a collateral object. The guarantee acts as an addition (accesoir) to the main agreement which is to convince the creditor of the assets of the debtor and their ability to make payments later. Because not everyone has sufficient assets to make a loan, a guarantee institution arises that provides a loan program without using collateral. In connection with the development of technology, a new program was born, namely peer to peer lending based on financial technology. Ease in requirements and track record written in a system is the attraction of this type of loan, but because it is regulated by the system, there can be a mismatch of what is promised.
Substantive Justice International Journal of Law, Volume 3, pp 15-35; https://doi.org/10.33096/sjijl.v3i1.52

Abstract:
The article attempts to critically compare juvenile justice reforms in both jurisdictions of Bangladesh and Malaysia. It explores legal reforms in line with the international standards to ensure the effective juvenile justice system as well as child well-being in the respective legal systems. The juvenile justice practice of Bangladesh and Malaysia are a testament that diverse juvenile laws, norms and systems exist. After ratification of UNCRC, significant progress has been achieved in both countries. Malaysia adopted mechanisms for rehabilitation in terms of job-based education and alternatives measures by the Child Act 2001. Child-oriented justice and alternative measures have started with the commencement of Children Act 2013 in Bangladesh. For both countries, there is a need for establishing a child-friendly justice system, which would ensure sustainable juvenile justice.
, I Ketut Tjukup, Dewa Gede Pradya Yustiawan
Substantive Justice International Journal of Law, Volume 3, pp 36-55; https://doi.org/10.33096/sjijl.v3i1.51

Abstract:
The emergence of competition makes companies do various things to maintain their existence and the stability of companies in the world of economy. One of the ways the company survives in the agreement is to make an acquisition. In addition to generating profits for the company that acquires the acquiring company, acquiring can also balance employment including termination of employment that is detrimental to workers. The subject matter of this research is protection for workers carried out with the approval and how to solve the problems requested by companies that carry out procurement actions. This research is normative legal research, which is assisted by field research with interview techniques. The agreement used was approval on the invitation (statute approach), conceptual agreement (conceptual approach) and case approach (case approach). Data is collected by literature study, by reading references that are used such as invitation rules, books, journals, which are related to the debate raised, then analyzed by description analysis techniques. Regarding the results obtained in Indonesia's positive law legal protection for workers resulting from acquisitions by companies still relies on the Labor Act, there is no sense of justice for workers when there are terminations due to the acquisition. Termination of employment is resolved by legal action in the form of non-litigation and legal litigation under the Settlement of Industrial Relations Disputes Act. This research is important because the labor law is far from the concept of the Pancasila legal rule in which the Pancasila legal rules always uphold public welfare and social justice in the protection of workers, workers in Indonesia are still underestimated and do not have enough space to protect.
Sandhy Handika, Muhammad Ibnu Fajar Rahim, Rudi Pradisetia Sudirdja
Substantive Justice International Journal of Law, Volume 3, pp 74-93; https://doi.org/10.33096/sjijl.v3i1.67

Abstract:
The Corona Virus Disease (COVID-19) pandemic that has plagued the world has changed the mindset, how to behave and how to act, not only in social interaction but also has influenced the law enforcement system. Development in Information Technology (IT) has found a teleconference system as a means of conducting virtual courts as a reaction to social or physical distancing movements which is one way to prevent the spread of COVID-19. Although in practice the use of a virtual court in a trial is considered capable of preventing the spread of viruses, the use of a virtual court must keep be based on applicable laws and regulations. This paper is a normative legal research with legislation approach, case approach, comparative legal approach, and conceptual approach to legal material collected through literature study and then analyzed using grammatical, systematic, and extensive interpretation methods. Based on the results of the study, several countries such as the United Kingdom, China, Australia (New South Wales) and America (New York) and Indonesia (although limited to the examination of witnesses) have applied virtual courts in the justice system. Implementation of the trial using the virtual court method by teleconference did not violate the provisions of the trial set out in the Criminal Procedure Code (KUHAP). According to the Draft Law KUHAP has accommodated the trial using the virtual court method as an embodiment of legal principles in the judiciary that is carried out quickly, simply, and at a low cost. The use of virtual court is not the first or primary choice in examining criminal cases in Indonesia, in abnormal emergency conditions due to the COVID-19 pandemic as it is today, an examination by the virtual court method is a solution so that the criminal justice system continues to run without reducing the efforts to prevent the spread of the virus. Trials using virtual court facilities continue to accommodate the human rights of victims, witnesses and defendants through their virtual presence so that a fair trial continues in the courtroom.
Sihnomo Abu Hilmy
Substantive Justice International Journal of Law, Volume 3, pp 56-73; https://doi.org/10.33096/sjijl.v3i1.32

Abstract:
Agriculture has an important role in providing food for the community. The Increasing of open world trade, especially in food products, causes prices of domestic food products to be affected by the situation and conditions of international food prices. To protect farmers, the Law Number 19 of 2013 concerning Protection and Empowerment of Farmers has been enacted. In the implementation of the law, especially Article 30 Paragraph (1), received many complaints from Indonesian trading partners, such as the United States and New Zealand who stated that these rules were inconsistent with the GATT provisions. The research method in writing this journal is a normative juridical approach method. In summary, the conclusions from the results of the first discussion, the protection of farmers in addressing world trade is regulated in Article 30 Paragraph (1) of the article aimed at protecting farmers as food producers from loss of price risk due to uncontrolled import of agricultural commodities. Second, Responding to the DS 477-478 WTO ruling it is necessary to revise Article 30 Paragraph (1) because it is contrary to the principle of quantitative restrictive prohibition. Changes to the article should still be used as an instrument to protect farmers as food producers by harmonizing the provisions contained in the WTO
, Putu Edgar Tanaya, Bagus Hermanto
Substantive Justice International Journal of Law, Volume 3, pp 94-108; https://doi.org/10.33096/sjijl.v3i1.69

Abstract:
This paper specifically examines the concept of law in a sociological study to find out how the law develops and how the law implemented or enforced as a unity in the legal system. This paper-based on the normative juridical method, using legal materials collected and analyzed using qualitative methods. The results show that the sociological of law studies as part of the activities of drafting legal products and the preparation of legal products is not just a juridical process. The processes of transformation from social desires into laws and regulations both in political and sociological contexts do not only occur during the formation of a regulation, continue and continually correct the legal products that produced. Law enforcement related to the sociology of law that observes the reality of how the law is working on different social structures, this scientific approach is expected to not only provide advice related to the development of legal science alone, but also must be applied, but unfortunately in the development of this science itself is not able to develop dynamically because observations that are not equally displayed in providing input to the development of legal protection in Indonesia.
Substantive Justice International Journal of Law, Volume 3, pp 1-14; https://doi.org/10.33096/sjijl.v3i1.50

Abstract:
The main role of an advocate is to help clients get a fair legal process. This role gives birth to high expectations of advocates so that clients give full confidence to advocates to represent their interests. But in practice, it is not uncommon for advocates to abuse the trust given by their clients. As recorded in the 2019 PERADI annual report which shows that advocates reported by their clients to the PERADI Honorary Board are increasing. Avocados do have immunity rights as regulated in Article 16 of Law No. 18 of 2003 concerning Advocates jo. the decision of the Constitutional Court through decision No. 26 / PUU-XI / 2013. But of course, advocates cannot always protect their immune rights, especially if advocates violate the law and harm the interests of their clients. This study aims to analyze the legal responsibilities of lawyers who violate the law while carrying out their profession and are bound in a legal services contract. This research is normative legal research. The approach used in this research is the conceptual approach, the legislation approach, and the case approach. This research concludes that even though law violations were carried out by lawyers while carrying out their profession and based on a contract, advocates remain responsible, both civil and criminal. While the right to immunity can only be used as a basis for legal protection when advocates in good faith in defending the interests of their clients.
Muslim Andi Yusuf, Dharma Fidyansari
Substantive Justice International Journal of Law, Volume 2, pp 147-160; https://doi.org/10.33096/substantivejustice.v2i2.43

Abstract:
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.
Substantive Justice International Journal of Law, Volume 2, pp 177-194; https://doi.org/10.33096/substantivejustice.v2i2.49

Abstract:
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.
Substantive Justice International Journal of Law, Volume 2, pp 161-176; https://doi.org/10.33096/substantivejustice.v2i2.48

Abstract:
The purpose of this article is to find out how the rules for the appointment of a village apparatus in the area and to know the implementation of the appointment at every level of village apparatus in the area. The research method used is empirical normative data collection through literature study, observation and interviews. The research location is Kuningan Regency, West Java. The results of the study are that the regulation on the selection of village apparatus is regulated in Law Number 6 of 2014 concerning Villages while the implementation of the local government issued Regional Regulation of Kuningan Regency Number 13 of 2015 concerning Village Apparatus and Kuningan Regent Regulation Number 73 of 2015 concerning Procedure for Appointment, Dismissal and Transfer of Position of Village Apparatus. Factors that predominantly influence the implementation of the appointment of the village apparatus are the lack of community knowledge related to regulations related to the selection of village apparatus so that there is a need for educational activities to the community related to regulations at the regional level.
Substantive Justice International Journal of Law, Volume 2, pp 118-136; https://doi.org/10.33096/substantivejustice.v2i2.36

Abstract:
Amanat Pasal 33 UUD NRI 1945 memaksimalkan segala unsur pembangunan sebagai upaya perwujudan kemakmuran rakyat dapat melalui pembangunan hukum dibidang investasi dalam perspektif otonomi daerah dikawasan perbatasan Republik Indonesia. Daerah perbatasan menjadi persoalan karena kepastian hukum bagi investor masih belum menemukan titik temu untuk berinvestasi khususnya diwilayah perbatasan, sehingga terkesan masih minim tanggung jawab pemerintah dalam upaya pemerataan kesejahteraan rakyatnya. Metode penelitian yuridis normatif dengan menggunakan bahan hukum sekunder menghasilkan sebuah penelitian ilmu hukum yang sifatnya koheren dalam menemukan kebenaran, dan hasil penelitian ini mengemukakan bahwa kepastian hukum kurang mengakomodir kepentingan pembangunan daerah perbatasan sehingga menimbulkan masalah berantai dan diperlukan sebuah perbaikan iklim investasi didasarkan pada kenyataan bahwa kurangnya minat investor asing ke Indonesia disebabkan karena berbagai kendala, yang pada akhirnya menghambat usaha para investor atau menyebabkan pemindahan usaha ke negara lain. Penulis menyimpulkan untuk mengatasi persoalan ekonomi khususnya dalam berinvestasi, pemerintah melakukan langkah-langkah untuk dengan mendorong daya saing industri nasional, melalui deregulasi, debirokratisasi, serta penegakan hukum dan kepastian usaha. Olehnya melului tulisan ini perlu pembenahan aturan hukum dengan menyusun peraturan daerah di Sulawesi Utara yang berkaitan dengan pengelolaan investasi diwilayah perbatasan yang dapat memberikan kepastian dan perlindungan hukum bagi investor.
Syahruddin Nawi, Muhammad Syarif, Aswad Rachmat Hambali, Salle Salle
Substantive Justice International Journal of Law, Volume 2, pp 137-146; https://doi.org/10.33096/substantivejustice.v2i2.45

Abstract:
The development and progress of the city of Makassar in line with the occurrence of disturbing conflicts, conflicts and even war between groups provide an overview of research problems regarding the erosion of nationalism, erosion of national ideology, low national character, erosion of local culture, shallow religious values, low sense of solidarity, moral decline , and ethnic fanaticism and declining character quality and declining character quality, all of which have the potential to threaten National Integration and Social Harmony. This research method is descriptive and form of presentation in a systematic, factual and accurate description of the facts obtained. The results showed that conflict/war between groups or residents still occurred in at least six 6 regions in Makassar that had caused various losses because war between groups or residents involved children or adolescents using dangerous objects. There are 30 factors, namely juvenile delinquency, multi aspects, peaceful disturbance, offensive, revenge, social, economic, jealousy, work area disputes, unemployment, ethnicity, religion, culture, wild race, women, competition, misunderstanding, social change, deprivation land, women who seize men (infidelity of women), youth group clashes, politics/parties, deception, social classes/strata, selfishness, arrogance, ridicule, slander, conflict of interest, and government land disputes. Recommendations are needed Conflict Resolution Forum (FOLEKO) as a preventive and repressive measure, provide guidance and counseling for members of the community, about legal awareness, social ethics and courtesy in family life and community life, and inculcation of religious values ​​and national integrity, the authorities need to be more intensive in conducting surveillance and need to carry out routine checks on the possession of dangerous sharp objects, and it is necessary to have the Social Harmony Creation Model module and legal awareness as recommendations of this research.
Nyoman Martana, Putu Ade Hariestha Martana, Kadek Agus Sudiarawan, Bagus Hermanto
Substantive Justice International Journal of Law, Volume 2, pp 89-117; https://doi.org/10.33096/substantivejustice.v2i2.35

Abstract:
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.
Moch. Andry Wikra Wardhana Mamonto
Substantive Justice International Journal of Law, Volume 2, pp 1-20; https://doi.org/10.33096/substantivejustice.v2i1.25

Abstract:
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.
Rizki Ramadani, Moch Andry W W Mamonto
Substantive Justice International Journal of Law, Volume 1; https://doi.org/10.33096/substantivejustice.v1i2.18

Abstract:
Penelitian ini bertujuan untuk mengetahui, menganalisis, dan merumuskan indikator independensi dari lembaga independen berdasarkan konsep Independent Regulatory Agencies (IRAs) di negara maju (Amerika serikat dan Eropa). Sekaligus upaya untuk mengkaji dan melihat sejauh mana lembaga independen di Indonesia memenuhi indikator tersebut. Dalam penelitian ini, studi difokuskan pada lembaga KPK yang diakui sebagai lembaga independen. Meskipun pada praktiknya seringkali menuai kontroversi dan resistensi banyak pihak. Metode yang digunakan dalam penelitian hukum ini adalah penelitian hukum normatif, yang dilakukan melalui studi pustaka atau data sekunder. Data terdiri dari bahan hukum primer, sekunder dan tersier, yang kemudian diolah secara deskriptif-preskriptif. Penelitian ini juga menggunakan beberapa pendekatan seperti pendekatan undang-undang, konseptual, dan pendekatan kasus.
Substantive Justice International Journal of Law, Volume 1; https://doi.org/10.33096/substantivejustice.v1i2.19

Abstract:
Penelitian ini bertujuan untuk menjelaskan pembangunan karakter dalam merubah perilaku hukum mahasiswa dan model integratif pembangunan karakter dalam upaya pencegahan tindak pidana korupsi. Pendekatan teori darahkan pada dua pendekatan utama yaitu integrasi nilai anti korupsi dan pembentukan lingkungan yang tidak Permissive to corruption. Hasil pembahasan menunjukan: (1) pendidikan karakter harus melibatkan bukan saja aspek pengetahuan yang baik (moral knowing), akan tetapi juga merasakan dengan baik atau loving good (moral feeling), dan perilaku yang baik (moral action). (2) Komponen utama pembentuk intensi perilaku yaitu Attitude toward behavior, Subjective norms, Control belief. Kesimpulan diharapkan perilaku anti-korupsi mahasiswa yang disasar adalah konsistensi anti-korupsi ditengah realitas lingkungan eksternal yang masih sangat korup. Konsistensi ini diharapkan selanjutnya meningkat menjadi keberanian mahasiswa menjadi garda depan dalam mengajak masyarakat untuk melakukan zero-tolerance terhadap tindak korupsi.
Fakhry Amin
Substantive Justice International Journal of Law, Volume 1; https://doi.org/10.33096/substantivejustice.v1i2.23

Abstract:
Tujuan penelitian ini adalah untuk untuk mengetahui dan menganalisis bentuk pertanggungjawaban hukum perusahan berbasis sharing economy terhadap penyedia jasa dan konsumen. Metode penelitian ini menggunakan metode penelitian normatif. Hasil penelitian menunjukkan bahwa (1) Bentuk tanggung jawab hukum perusahaan sharing economy dapat berupa pertanggungjawaban perdata atau pertanggungjawaban administrasi. Selain itu, perusahaan sharing economy diberikan keleluasaan untuk menyelesaikan persoalan dengan pihak provider yang tidak diatur dalam undang-undang sebagai bentuk penegakan prinsip perusahaan yang baik; dan (2) Status perusahaan sharing economy disamakan statusnya dengan perusahaan petahana sesuai dengan UUPT. Rekomendasi penelitian ini adalah (1) perlu diadakan revisi terhadap UUPT demi menyikapi kekosongan hukum terhadap sehingga kepastian hukum provider dan konsumen lebih terjamin. (2) Pemerintah dalam hal memberikan kebebasan dan keleluasaan kepada masyarakat dalam hal kegiatan berusaha juga perlu dibarengi dengan pengawasan yang ketat sehingga dapat mengurangi kesempatan timbulnya ketimpangan yang terjadi di masyarakat dalam hal persaingan usaha.
Rahmat Rahmat
Substantive Justice International Journal of Law, Volume 1; https://doi.org/10.33096/substantivejustice.v1i2.22

Abstract:
PT.Mandiri Mining Corporindo (MMC) adalah perusahaan tambang Mangan di Desa Bonehau, Kecamatan Bonehau Kabupaten Mamuju, Provinsi Sulawesi Barat dengan surat izin eksplorasi nomor 418 Tahun 2009 dan izin operasi produksi nomor 333 tahun 2010, dimana proses produksi telah dimulai sejak bulan oktober 2010, adapun luas ijin usaha pertambangan yang dimiliki oleh PT.MMC adalah 178 ha yang meliputi kawasan 178 ha yang meliputi kawasan hutan produksi 125 ha dan perkebunan masyarakat 53 ha, namun areal yang dikelola baru sekitar 30 persen. Sejak awal pembukaan perusahaan tambang di Desa ini telah menimbulkan kekhawatiran akan dampak negatif berupa kerusakan lingkungan, mengingat lokasi tambang berbatas langsung dengan perkebunan dan persawahan masyarakat setempat. Hal ini menjadi masalah yang menarik dikaji dari aspek hukum perizinan, khususnya perizinan lingkungan sehingga permasalahan dalam penilitian ini yaitu; Pertama bagaimanakah kedudukan AMDAL dalam perizinan lingkungan PT.MMC? Kedua, bagaimana pelaksanaan AMDAL PT.MMC. hasil penelitian ini menunjukkan bahwa kedudukan AMDAL dalam perizinan lingkungan merupakan kewajiban dan prasyarat mutlak, jika suatu perusahaan melanggar izin lingkungan maka izin usaha atau kegiatan dapat dibatalkan. Dan prosedur penerbitan AMDAL PT.MMC telah sesuai dengan peraturan perundang-undangan namun dalam pelaksanaannya tidak sesuai dengan perencanaan.
, , Muhammad Ya'Rif Arifin, Rina Rina
Substantive Justice International Journal of Law, Volume 1, pp 65-81; https://doi.org/10.33096/substantivejustice.v1i2.16

Abstract:
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%.
Andika Prawira Buana, , Muh Fachri Said, Muhammad Ya'Rif Arifin
Substantive Justice International Journal of Law, Volume 1, pp 23-32; https://doi.org/10.33096/substantivejustice.v1i1.15

Abstract:
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.
Ramdhan Kasim
Substantive Justice International Journal of Law, Volume 1, pp 33-45; https://doi.org/10.33096/substantivejustice.v1i1.12

Abstract:
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.
, Syamsuddin Pasamai, Hasan Kadir, Andika Prawira Buana,
Substantive Justice International Journal of Law, Volume 1, pp 1-8; https://doi.org/10.33096/substantivejustice.v1i1.14

Abstract:
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.
Substantive Justice International Journal of Law, Volume 1, pp 9-22; https://doi.org/10.33096/substantivejustice.v1i1.11

Abstract:
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.
, Nurhaedah Nurhaedah
Substantive Justice International Journal of Law, Volume 1, pp 56-64; https://doi.org/10.33096/substantivejustice.v1i1.13

Abstract:
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.
Substantive Justice International Journal of Law, Volume 1, pp 46-55; https://doi.org/10.33096/substantivejustice.v1i1.8

Abstract:
Impeachment In Constitutional System. This paper aims: To know and analyze how the impeachment arrangements in the Indonesian state administration system; To know and analyze how the legal process in impeachment mechanism before amendment and after an amendment of 1945 Constitution; by using Normative Method The study conducted in this research is the literature. Impeachment of the President and Vice President of his / her position is not new in the Indonesian state administration system. Both before the amendment and after the amendment of the 1945 Constitution. The 1945 Constitution of the amendment result has specified the provisions concerning the Impeachment of the President and Vice President as head of state. However, the mechanism of the impeachment process is determined in a constitutionally eliminative manner even though these reasons have a very broad interpretation and may be subjective, especially in a political institution of the DPR, by which there are several things to be considered in the impeachment process in Indonesia, such as the impeachment process in the House of Representatives Regional and process of Impeachment in the Constitutional Court. There is a need for the provision of legal products or the making of procedural law which regulates the impeachment of the President and Vice President.
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