Substantive Justice International Journal of Law
EISSN : 25990462
Current Publisher: Universitas Muslim Indonesia (10.33096)
Total articles ≅ 25
Latest articles in this journal
Published: 20 May 2020
Substantive Justice International Journal of Law, Volume 3, pp 94-108; doi:10.33096/sjijl.v3i1.69
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.
Published: 5 May 2020
Substantive Justice International Journal of Law, Volume 3, pp 74-93; doi:10.33096/sjijl.v3i1.67
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.
Published: 21 April 2020
Substantive Justice International Journal of Law, Volume 3, pp 56-73; doi:10.33096/sjijl.v3i1.32
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
Published: 20 April 2020
Substantive Justice International Journal of Law, Volume 3, pp 15-35; doi:10.33096/sjijl.v3i1.52
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.
Published: 19 April 2020
Substantive Justice International Journal of Law, Volume 3, pp 1-14; doi:10.33096/sjijl.v3i1.50
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.
Published: 19 April 2020
Substantive Justice International Journal of Law, Volume 3, pp 36-55; doi:10.33096/sjijl.v3i1.51
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.
Published: 29 December 2019
Substantive Justice International Journal of Law, Volume 2, pp 177-194; doi:10.33096/substantivejustice.v2i2.49
Published: 27 December 2019
Substantive Justice International Journal of Law, Volume 2, pp 161-176; doi:10.33096/substantivejustice.v2i2.48
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.
Published: 9 December 2019
Substantive Justice International Journal of Law, Volume 2, pp 147-160; doi:10.33096/substantivejustice.v2i2.43
Published: 4 December 2019
Substantive Justice International Journal of Law, Volume 2, pp 89-117; doi:10.33096/substantivejustice.v2i2.35
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.