Substantive Justice International Journal of Law最新文献

Russian-Ukrainian Conflict: International Humanitarian Law and Civilian Settlements 俄乌冲突：国际人道主义法与平民安置

Substantive Justice International Journal of Law Pub Date : 2023-11-27 DOI: 10.56087/substantivejustice.v6i2.253

Yordan Gunawan, Qinnara Zegia Gultom, Shafirah Amarulia, Mohammad Hazyar Arumbinang

{"title":"Russian-Ukrainian Conflict: International Humanitarian Law and Civilian Settlements","authors":"Yordan Gunawan, Qinnara Zegia Gultom, Shafirah Amarulia, Mohammad Hazyar Arumbinang","doi":"10.56087/substantivejustice.v6i2.253","DOIUrl":"https://doi.org/10.56087/substantivejustice.v6i2.253","url":null,"abstract":"The research analyzes the views of the International Humanitarian Law (IHL) and UN Charter violations in the case of the invasion of civilian settlements in the Russia-Ukraine conflict for justice. The conflict, which took place on February 24, 2022, has raised serious concerns about violations of the UN Charter and IHL and the protection of civilians. This research collected data and information from various primary and secondary sources, including reports of international organizations, legal documents, and journal analysis. A qualitative approach was used to analyze the impact of the invasion of civilian settlements on IHL in the case of the Russia and Ukraine case. The results show that the view of IHL in the context of the invasion of civilian settlements in the Russia-Ukraine case has caused great harm to civilians, ranging from damage to homes, infrastructure, and public facilities, including casualties. It also appears that Russia has ignored the guiding principles of the UN Charter. To overcome this problem, several steps can be taken. First, there is a need to increase understanding and awareness of IHL among all parties involved in the conflict. Second, increase efforts to maintain brotherhood between nations. Third, working together to assist in humanitarian terms in the event of armed conflict, famine, and starvation. The resulting policy implications and recommendations can be used as a guide for policymakers and practitioners to improve the humanitarian protection of civilians in the future.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"37 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139233595","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal Protection for Buyers of Joint Assets Sold Without Wife's Consent 未经妻子同意出售共同财产买受人的法律保护

Substantive Justice International Journal of Law Pub Date : 2023-10-04 DOI: 10.56087/substantivejustice.v6i2.256

Andi Dimah Laila Nurfaiqah, Tjempaka Tjempaka

{"title":"Legal Protection for Buyers of Joint Assets Sold Without Wife's Consent","authors":"Andi Dimah Laila Nurfaiqah, Tjempaka Tjempaka","doi":"10.56087/substantivejustice.v6i2.256","DOIUrl":"https://doi.org/10.56087/substantivejustice.v6i2.256","url":null,"abstract":"This article aims to provide an objective explanation of the legal protection afforded to buyers who intend to transfer rights to land that is jointly owned without the wife's consent. In 2012, the late Haryanto sold the land to PT. Makmur Persada Indonesia conducted the transaction as recorded in Sale and Purchase Deed No. 53/2012, prepared by Notary/Land Deed Maker Hj. Hasnawati Juweni Shande. In 2017, Sherly initiated legal action asserting that the deed for the land sold by the deceased Haryanto reflected joint ownership resulting from his marriage to Sherly; yet, the relevant sale and purchase transaction occurred without Sherly's involvement despite her rights to the property. Normative research was conducted utilising a statutory, conceptual, and case approach. The research specifically analysed secondary data, comprising primary and secondary legal materials, which was analysed descriptively. In relation to Sherly's lawsuit, the Serang District Court issued decision Number 39/Pdt. Srg, which resulted in the rejection of the plaintiff's application. Subsequently, the plaintiff lodged an appeal against the Serang Court's decision. In 2018, Decision Number 39/Pdt/2018/PT BTN of the Banten High Court upheld the Serang District Court's decision to reject the applicant's claim entirely. The Supreme Court confirmed this judgement in 2019 with Judicial Review Decision Number 227K/Pdt/2019, thus dismissing the plaintiff's lawsuit. Thus, it seems that the verdict of dismissing the plaintiff's application safeguards the buyer.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135645996","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Urgency of Indonesian Omnibus Law Implementation Related to Foreign Investment 印尼实施外商投资综合法律的紧迫性

Substantive Justice International Journal of Law Pub Date : 2023-10-02 DOI: 10.56087/substantivejustice.v6i2.239

Anak Agung Sagung Laksmi Dewi, Mella Ismelina Farma Rahayu, Ni Made Puspasutari Ujianti, Hartini Saripan, Anak Agung Ngurah Adhi Wibisana

{"title":"The Urgency of Indonesian Omnibus Law Implementation Related to Foreign Investment","authors":"Anak Agung Sagung Laksmi Dewi, Mella Ismelina Farma Rahayu, Ni Made Puspasutari Ujianti, Hartini Saripan, Anak Agung Ngurah Adhi Wibisana","doi":"10.56087/substantivejustice.v6i2.239","DOIUrl":"https://doi.org/10.56087/substantivejustice.v6i2.239","url":null,"abstract":"Investment is one of the driving means of strengthening the country's economy. One of the expected ways to increase investment is through foreign investment. Various regulatory measures have been carried out by evaluating and analyzing regulations and policies related to the licensing process for foreign investment. A new legal breakthrough is in the form of the enactment of the Omnibus Law on the Job Creation Law that is being pursued by the government aims to make it easier for foreign investors to obtain a permit. The formulation of problems that can be studied include how the omnibus law applies to simplifying licensing in an effort to facilitate the licensing process related to foreign investment. This study aims to examine the urgency of the implementation the Omnibus Law to simplify the licensing process in an effort to facilitate foreign investment in Indonesia. This research is a normative legal research, which uses primary, secondary, and tertiary legal materials. The results of the study show that efforts to simplify the licensing process for foreign investment in Indonesia become a reference for the government with foreign investors in facilitating sustainable development efforts in the tourism sector which aims to increase large amounts of investment, the availability of jobs, and is expected to improve the country's economy. So in the application of the Omnibus Law, it is expected to be able to accommodate interests that aim to prosper the community.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135901680","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Unincorporated Merchant: How Does the Law Protect Consumers in Electronic Commerce? 非法人商户:法律如何保护电子商务中的消费者?

Substantive Justice International Journal of Law Pub Date : 2023-06-27 DOI: 10.56087/substantivejustice.v6i1.238

Andika Prawira Buana, Rashid Ating, Tri Abriana Ma'ruf

{"title":"Unincorporated Merchant: How Does the Law Protect Consumers in Electronic Commerce?","authors":"Andika Prawira Buana, Rashid Ating, Tri Abriana Ma'ruf","doi":"10.56087/substantivejustice.v6i1.238","DOIUrl":"https://doi.org/10.56087/substantivejustice.v6i1.238","url":null,"abstract":"Currently, electronic commerce (e-commerce) is a platform that allows merchants and consumers to easily conduct online transactions. Nonetheless, there are a lot of e-commerce business actors who do not yet have legal entity status. The purpose of this research is to discover and examine rules pertaining to e-commerce merchants who are not incorporated, as well as what portions of consumer legal protection are available to consumers. This doctrinal legal research uses statutory and conceptual approaches. The results of the study show that regulatory provisions for e-commerce business actors who are required to be legal entities (incorporated) have been contained in regulations issued by the Minister of Trade, while e-commerce business actors who are not legal entities are regulated in various regulations such as the Law on Electronic Information and Transactions, the Consumer Protection Act, and the Trade Quiet Act. However, the regulation does not explicitly contain e-commerce obligations for legal entities. In fact, the legality of business actors is highly recommended because it guarantees legal protection for consumers if they experience losses in the future. In addition, it is also a potential source of income for countries with tax schemes. Based on this, it is suggested that the government immediately draw up specific regulations so that every e-commerce business actor is not given any other choice but to have a legal entity. It is also necessary to stipulate strict sanctions against unincorporated business actors and result in losses to consumers.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135503090","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Judicial Activism in Regional Head Election Dispute: The Practice and Consistency of The Indonesian Constitutional Court 地方首长选举纠纷中的司法能动主义:印尼宪法法院的实践与一致性

Substantive Justice International Journal of Law Pub Date : 2023-06-20 DOI: 10.56087/substantivejustice.v6i1.230

Amiruddin Amiruddin, Rizki Ramadani

{"title":"Judicial Activism in Regional Head Election Dispute: The Practice and Consistency of The Indonesian Constitutional Court","authors":"Amiruddin Amiruddin, Rizki Ramadani","doi":"10.56087/substantivejustice.v6i1.230","DOIUrl":"https://doi.org/10.56087/substantivejustice.v6i1.230","url":null,"abstract":"The Constitutional Court's approach towards regional head election disputes is regarded as quite progressive and illustrates the growing trend of judicial activism. This article attempts to analyze the practice of activism by the Constitutional Court in the context of regional head election disputes and assess its consistency in simultaneous elections. This study uses a conceptual, statutory and case approach in analyzing several regional head election dispute decisions in 2020. The activism of the Constitutional Court in the context of regional head election disputes is at least practiced by judges through three things: first, the determination taken by the Constitutional Court to decide on re-voting and re-counting of votes; second, the willingness of the Court to consider election offenses that are structured, massive, and systematic; and third, the courage of judges to disqualify regional head candidates as well as determine the winner to provide legal certainty. This practice of activism is still being consistently pursued by judges in the 2020 simultaneous regional head elections. Even so, there is a tendency that structured, systematic and massive violations are not the main reason for terminating the election results, and even tend to be complicated by judges who demand more significant evidence. This condition will cause the burden of proving the structured, systematic and massive offenses to be much heavier in the future. This seems to be contradictory to previous decisions of the Constitutional Court which were known to prioritize substantive justice.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135187007","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Consequences of Rejecting the Principle of Portie Legitieme on Wills and Deeds of Grants 拒绝赠与遗嘱、契约的赠与合法原则的后果

Substantive Justice International Journal of Law Pub Date : 2023-03-13 DOI: 10.56087/substantivejustice.v6i1.213

{"title":"Consequences of Rejecting the Principle of Portie Legitieme on Wills and Deeds of Grants","authors":"","doi":"10.56087/substantivejustice.v6i1.213","DOIUrl":"https://doi.org/10.56087/substantivejustice.v6i1.213","url":null,"abstract":"Inheritance law in the BW is basically regulatory and there is no element of coercion. The heir has the right to do anything with his property as long as he is still alive. However, the treatment of his assets must not violate the legitimacy of the portie or the absolute rights of the legal heirs. If the right of legitieme portie is violated, all the actions of the heirs are null and void as long as the demands of the heirs are valid. The purpose of this research is to find out the legal consequences of annulment of wills and awarding of deed for violating the legitieme portie. The method of analysis was carried out using a case study of the Supreme Court Decision. The results of the analysis of the case filed a lawsuit for Budijono Hartono's inheritance between Budijono Hartono's legitimate child as the legal heir and Budijono Hartono's wife, the Court judge decided to cancel the Will and Grant Deed for violating the legitieme portie, as a consequence of not fulfilling the provisions in the laws and regulations on the seduction of legitimaries. Deeds of wills and deed of grants are declared to have no legal force so that all assets listed in the deed of wills and grants are included in the boedel to be divided among all the heirs.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132473439","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Existence of Consumer Protection in the Katsuwonus Pelamis Process as a Safe Culinary 作为一种安全的烹饪食品，在香竹加工过程中消费者保护的存在

Substantive Justice International Journal of Law Pub Date : 2023-03-01 DOI: 10.56087/substantivejustice.v6i1.224

Telly Sumbu, Donald Albert Rumokoy, Wulanmas Anna Patricya Gracya Frederik

{"title":"Existence of Consumer Protection in the Katsuwonus Pelamis Process as a Safe Culinary","authors":"Telly Sumbu, Donald Albert Rumokoy, Wulanmas Anna Patricya Gracya Frederik","doi":"10.56087/substantivejustice.v6i1.224","DOIUrl":"https://doi.org/10.56087/substantivejustice.v6i1.224","url":null,"abstract":"Katsuwonus Pelamis is a fishery commodity originating from the waters of the bay in Indonesia, Cakalang Fufu is a popular culinary dish with processed fish that is processed quickly, served fresh, frozen, canned or dried, which has become the object of fishing for fishermen because it is considered profitable. The reality of management that does not have adequate quality control, while the paradigm of entrance market is skipjack tuna management as soon as possible has been carefully tested for safety aspects before the product is released to the market. This action is a legal event that causes harm to consumers who are accommodated by legal protection. This study aims to describe the process of catching, storing and marketing skipjack tuna as a safe food product from the perspective of consumer law protection, and to describe the forms of law enforcement against the circulation of unsafe food products. This research uses the type of research socio legal research. The description of the research results shows that the process of catching, storing and marketing skipjack tuna specifically in North Sulawesi still uses traditional methods, but the urgency and safety aspects of catching results cannot be guaranteed, including the process of storing and marketing skipjack tuna does not comply with the provisions. Standard procedures are ignored so that the impact of the expected information is given to consumers from the capture process to the final consumer.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114264101","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Sociology of Law Perspectives on Security, Population, and Local Wisdom Issues 安全、人口和地方智慧问题的法律社会学视角

Substantive Justice International Journal of Law Pub Date : 2023-02-28 DOI: 10.56087/substantivejustice.v6i1.215

Syamsuddin Pasamai, A. Aswari

引用次数: 0

Restorative Justice Approach to The Settlement of Banking Crime Cases 银行犯罪案件解决的恢复性司法途径

Substantive Justice International Journal of Law Pub Date : 2023-02-26 DOI: 10.56087/substantivejustice.v6i1.206

Hijriani Hijriani, La Niasa, Ayu Lestari Dewi, Muhammad Yusuf

{"title":"Restorative Justice Approach to The Settlement of Banking Crime Cases","authors":"Hijriani Hijriani, La Niasa, Ayu Lestari Dewi, Muhammad Yusuf","doi":"10.56087/substantivejustice.v6i1.206","DOIUrl":"https://doi.org/10.56087/substantivejustice.v6i1.206","url":null,"abstract":"Banking crimes can now occur in a variety of new forms, which not only harm people or the wider community, but can also cause losses to the state and even the global economy. Settlement of corporate crimes, particularly banking crimes, still leads to legal accountability through diverse statutory instruments, and the imposition of sanctions tends to be oriented toward the perpetrator's criminal responsibility rather than representing the victim's interests. The purpose of this study is to examine non-litigation dispute resolution in the context of corporate banking crimes, as well as whether the concept of restorative justice can be used as an alternative to sanctions in the resolution of corporate banking crimes. The normative legal research method is used, with analytical, comparative, and statutory approaches. The study's findings indicate that the disputing parties can use the out-of-court settlement mechanism to reach an agreement. The use of this mechanism must be established through an injunction settlement institution, as it is known in the legal systems of the United States and the United Kingdom. The court may order a delay in examining the case at the request of one of the litigants if the applicant can demonstrate that there is no clear legal means. The concept of restorative justice opens the door to alternative solutions to corporate banking crimes, such as the deferred prosecution agreement policy.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123610700","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Weak Investment Law Enforcement in Land and Forest Fire Cases in Indonesia 印度尼西亚土地和森林火灾案件中投资执法不力

Substantive Justice International Journal of Law Pub Date : 2022-12-29 DOI: 10.56087/substantivejustice.v5i2.204

Utji Sri Wulan Wuryandari, A. Chairani, Myrna Asnawati Safitri

{"title":"Weak Investment Law Enforcement in Land and Forest Fire Cases in Indonesia","authors":"Utji Sri Wulan Wuryandari, A. Chairani, Myrna Asnawati Safitri","doi":"10.56087/substantivejustice.v5i2.204","DOIUrl":"https://doi.org/10.56087/substantivejustice.v5i2.204","url":null,"abstract":"This article aims to analyze the formulation of sanctions in Indonesian investment law against foreign investors who commit environmental damage and pollution in the case of forest and land fires. This paper uses a legislative approach by analyzing the quality of legal norms on regulating sanctions for foreign investors involved in forest and land fires. The results show that the current development of global investment law requires companies, including transnational companies, to carry out environmental responsibilities in addition to social responsibility and good governance. The need to build pro-environmental investment law is important to strengthen environmental law enforcement with a multi-door approach. This is not followed by the investment law in Indonesia. The country's Investment Law does not strictly regulate sanctions against investors who violate their obligations and responsibilities to maintain the environment. The aspect of government supervision of the implementatio of investor obligations is also weak. These weaknesses in legal substance show that investment law is not in line with today's investment objectives that require support for environmental preservation or better known as green investment. This paper concludes that investment law will not be effective in supporting law enforcement in forest and land fire cases due to the lack of sanction formulation and weak supervision. Because of this, the existing investment law is still far from the goal of realizing green investment in Indonesia.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116863132","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0