Substantive Justice International Journal of Law

Journal Information
EISSN : 2599-0462
Published by: Universitas Muslim Indonesia (10.33096)
Total articles ≅ 47
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Gde Made Swardhana
Substantive Justice International Journal of Law, Volume 4, pp 115-133; https://doi.org/10.33096/substantivejustice.v4i2.133

Abstract:
The human rights law is not identical with international humanitarian law. This article attempts to explore both the relation and the difference between gross human rights violation and violation of international humanitarian law. While, for Indonesia context, crimes against humanity was arranged in the Human Rights Court Law, however, it is still raise discourses related with the limitation of crime against humanity that different with international law instruments, and it also raises problem for Judges and Human Rights Court to define the crimes against humanity as the legal ground for several gross violation of human rights that adjudicate within this framework. This article use normative legal research method to conduct, analyze, and arrange crime against humanity formulation with statutory law approach, legal conceptual approach, and legal cases approach. This article concluded with the limitation that highlighted whether gross human rights violation can be prosecuted and punished using international humanitarian law. This article also stressing normative and conceptual aspect related with development of crimes against humanity, its element of crime and its application by judicial system.
I Made Wirya Darma, Dewi Bunga
Substantive Justice International Journal of Law, Volume 4, pp 148-163; https://doi.org/10.33096/substantivejustice.v4i2.144

Abstract:
In cases of terrorism involving minors, it must be understood that they are victims. Terrorism eradication regulations, which do not provide the possibility for diversion for children as manus ministra, need to consider the condition of the minors' psychological growth, which, of course, still has the potential to be of good value if properly nurtured. This study aims to determine the arrangement of the straf minima of minors as manus ministra in the crime of terrorism. The research method used is juridical normative or literature research related to normative legal substances, to find the truth based on scientific logic from a normative perspective by examining library materials or secondary data consisting of primary legal materials and secondary legal materials. The results of this study show that there are differences in the imposition of criminal sanctions for criminal acts of terrorism committed by a minor, namely Articles 19 and 24 of the Law on the Eradication of Criminal Acts of Terrorism. The Law on Combating Criminal Acts of Terrorism does not apply to minors who are involved in terrorism. This means that the general straf minima contained in the Criminal Code are used, namely for imprisonment to be imposed for at least 1 day. Article 19 and Article 24 of the Law on Combating Criminal Acts of Terrorism also abolish the provisions of the death penalty and life imprisonment for a person who is not yet 18 years old.
Kholida Nabila, Muhammad Sofyan Pulungan, Isyana Wisnuwardhani Sadjarwo
Substantive Justice International Journal of Law, Volume 4, pp 134-147; https://doi.org/10.33096/substantivejustice.v4i2.156

Abstract:
Deed of Recognition of Debt is a deed that is generally made by the notary public, followed by binding guarantees that are attached (accessoir) the main agreement. In practice, the Deed of Recognition of Debt can be transferred to another party who is willing to buy it, so that The Sale and Purchase Agreement of Rights to Cessie and Agreements of Transfer of Rights to Cessie is notarized made. The last party who has the cessie rights sometimes does not get his rights because the debtor is no longer known to exist. That is why the party who has the cessie rights claims it to District Court so that it can be determined as the owner of the object of collateral. This case happened at the North Jakarta District Court No. 123/Pdt.G/2018/PN. JKT.UTR where the Panel of Judges decided that the Court's Decision could be a substitute of the land deed sell and purchase based on the sale and purchase agreement of rights to cessie and agreements of transfer of rights to cessie. This court decision is certainly a new legal breakthrough, especially in the notarial and land affairs fields. This type of research is normative with qualitative data analysis, and concluding deductive means. Based on the author's analysis, The Sale and Purchase Agreement of Rights to Cessie and Agreements of Transfer of Rights to Cessie is valid is authentic deeds that are valid and in accordance with applicable law. The public notaries also run their authority properly, so that the deeds have fulfilled the external, formal, and material aspects. Land deed officer who will make the deed on Land Certificate Number. 5217/Bojongnangka has been protected by law because the Land deed officer is obliged to obey the Decision of the Panel of Judges as the competent general authority, and the land deed officer only run his authority after the Land Office of Tangerang Regency has processed the owner's name change of initials TN to SS.
Gede Eka Rusdi Antara, I Nyoman Budiana, Ida Ayu Sadnyini
Substantive Justice International Journal of Law, Volume 4, pp 164-181; https://doi.org/10.33096/substantivejustice.v4i2.149

Abstract:
The pros and cons were debated in limiting national legal substance with full recognition of Customary Criminal Law in the bill of Criminal Code and its future enforcement. On the other hand, there are arguments against the inclusion of Customary Criminal Law in the Criminal Code and the resulting disparities in legal enforcement caused by some Judges’ ignorance of judging customary criminal cases settled with the imposition of customary sanctions, which resulted in an unjust situation. This article aims to serve as a legal academic framework for establishing, identifying, and analyzing the formulation of Customary Criminal Law into the Indonesian Criminal Code, as well as to contribute to the discussion of judges’ roles in sentencing customary criminal cases, which they should determine and judge based on customary law. This article demonstrated the use of normative legal research in conjunction with statutory law, legal conceptual, and philosophical approaches to law. This article discovered that: first, several issues concerning the formulation of Customary Criminal Law into several national Bills of Criminal Code were debatable; second, it also cannot be enacted due to conflicting contexts with Criminal Law principles, unwillingness, and an ambiguous law-making process. Furthermore, the prospect of including the Customary Criminal Law in the Bill of Criminal Code is based on various justifications and legal needs that reflect the diverse local genius that still exists and adheres to Pancasila law principles. Additionally, it relates to a proposed new paradigm that Judges and other legal enforcers should adopt when enforcing Customary Criminal Law in any criminal customary case.
Desak Putu Dewi Kasih, Nyoman Satyayuda Dananjaya, Kadek Agus Sudiarawan, I Putu Bimbisara Wimuna Raksita
Substantive Justice International Journal of Law, Volume 4, pp 97-114; https://doi.org/10.33096/substantivejustice.v4i2.143

Abstract:
This research aims to identify the regulation and dispute resolution regarding constructive termination of employment by a company in the perspective of Indonesian Labor Law. This research also compares the constructive termination of employment by companies based on International Law and Japan Labor Law. This is normative legal research with a statutory approach, conceptual approach, and also comparative law approach. The result shows that the constructive termination of employment has not been specifically regulated in the Indonesian Labor Law system, hence it becomes an exploitation gap that is used by companies to be able to terminate employment relations without protecting the worker’s right. The dispute resolution mechanism in terms of constructive termination of employments still refers to the provisions of the Industrial Relations Dispute Settlement Law, namely through bipartite negotiations, tripartite, and industrial relations courts. The constructive termination of employment has been substantively regulated in the ILO Convention C-158 concerning the Termination of Employment, which regulated in Article 4 to Article 6. Further in Japan, the constructive termination of employment is regulated in the Japan Labor Union Act, Act Number 174 of 1949 in Article 7 paragraph (i), (iii), and (iv) with its national enforcement.
I Wayan Putu Sucana Aryana
Substantive Justice International Journal of Law, Volume 4, pp 77-96; https://doi.org/10.33096/substantivejustice.v4i1.124

Abstract:
Trafficking in persons is a cross-border crime which injures human dignity. The mode of trafficking in persons is to take advantage of the economic conditions of potential victims by luring them a better job. This research will discuss the profile of victims of trafficking in persons, gender analysis in human trafficking, and international policies in victim protection that are gender equality oriented. This research is a normative juridical study examining the analysis of international legal instruments, laws and court decisions. The research was conducted using the statute approach, legal concepts and the concept of gender. The victims of trafficking in persons are dominated by women, although it does not rule out the possibility that men can also be the victims. Women are considered as commodities that can provide benefits because they can be bought and sold to do work without requiring high education, and even provide sexual services. The perpetrators of the criminal network carry out the recruitment of potential victims by involving the householder of the potential victim, in this case the husband or father of the potential victim. This condition cannot be separated from the deep rooted patriarchal culture in the society, in which the men play a role as the decision makers in the family. Power relations play an important role in analyzing this crime of trafficking in persons. Efforts to combat trafficking in persons are carried out within the framework of a gender-equitable policy. However, the existing legal instruments have not addressed the fundamental problems of trafficking in women. Reconstruction of the legal culture of society is very important in protecting women from various forms of violence.
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.
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.
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