Substantive Justice International Journal of Law最新文献_第3页

Prospects for the New Capital City Policy in Law and Economic Perspectives 新首都政策的法律与经济展望

Substantive Justice International Journal of Law Pub Date : 2022-06-22 DOI: 10.56087/substantivejustice.v5i1.205

Muhammad Kamal

{"title":"Prospects for the New Capital City Policy in Law and Economic Perspectives","authors":"Muhammad Kamal","doi":"10.56087/substantivejustice.v5i1.205","DOIUrl":"https://doi.org/10.56087/substantivejustice.v5i1.205","url":null,"abstract":"The relocation of the nation's capital city has been a dream for a long time, but it was only realized after 77 years of Indonesia's independence through Law No. 3 of 2022 concerning the State Capital (IKN Law). Nevertheless, the policy needs to be studied, considering that the current capital relocation will be carried out in the midst of various domestic polemics, as well as global issues such as inflation and the weakening of the global economy after COVID-19, as well as the war between Russia and Ukraine. This study uses a socio-legal research method by combining an interdisciplinary approach between normative studies and economic studies through an analysis of opportunities, threats, strengths, and weaknesses (SWOT). The findings reveal that, from a law perspective, the policy of the new capital city in the IKN Law is an obligation that must be carried out by the government, regardless of who will serve in the future. However, there are several notes to the IKN Law that are not yet in line with the principles of legislation. Meanwhile, from an economic perspective, the IKN policy is indeed based on the ideals of economic equity and sustainability, but financial factors, foreign debt, and global inflation are still a serious threat to the sustainability of the current New capital city policy and for the next few years.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115631839","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: 1

Legal Protection of Mahakam Dolphins Through Water Conservation Areas in Kutai Kartanegara Regency 通过库泰Kartanegara摄政的水域保护区对Mahakam海豚的法律保护

Substantive Justice International Journal of Law Pub Date : 2022-06-21 DOI: 10.56087/substantivejustice.v5i1.170

R. Rosmini, Z. Zainuddin, Syifa Nur Aini

引用次数: 1

Formulation of Customary Criminal Law in Future Criminal Code and Legal Enforcement in Indonesia 未来刑法中习惯法的制定与印尼的执法

Substantive Justice International Journal of Law Pub Date : 2021-12-30 DOI: 10.33096/substantivejustice.v4i2.149

Gede Eka Rusdi Antara, I. Budiana, Ida Ayu Sadnyini

{"title":"Formulation of Customary Criminal Law in Future Criminal Code and Legal Enforcement in Indonesia","authors":"Gede Eka Rusdi Antara, I. Budiana, Ida Ayu Sadnyini","doi":"10.33096/substantivejustice.v4i2.149","DOIUrl":"https://doi.org/10.33096/substantivejustice.v4i2.149","url":null,"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.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"127 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123304544","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: 2

Court Decision to Replace the Deed of Sale and Purchase of Land in the Agreement and Switch of Cessie Rights 法院判决取代土地买卖契据的协议及转让权

Substantive Justice International Journal of Law Pub Date : 2021-12-16 DOI: 10.33096/substantivejustice.v4i2.156

Kholida Nabila, M. S. Pulungan, Isyana Wisnuwardhani Sadjarwo

{"title":"Court Decision to Replace the Deed of Sale and Purchase of Land in the Agreement and Switch of Cessie Rights","authors":"Kholida Nabila, M. S. Pulungan, Isyana Wisnuwardhani Sadjarwo","doi":"10.33096/substantivejustice.v4i2.156","DOIUrl":"https://doi.org/10.33096/substantivejustice.v4i2.156","url":null,"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.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123745116","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 Regulation of Straf Minima For Minors As Manus Ministra In The Crime Of Terrorism 恐怖主义犯罪中未成年人的最低刑罚规定

Substantive Justice International Journal of Law Pub Date : 2021-12-15 DOI: 10.33096/substantivejustice.v4i2.144

I. M. W. Darma, Dewi Bunga

{"title":"The Regulation of Straf Minima For Minors As Manus Ministra In The Crime Of Terrorism","authors":"I. M. W. Darma, Dewi Bunga","doi":"10.33096/substantivejustice.v4i2.144","DOIUrl":"https://doi.org/10.33096/substantivejustice.v4i2.144","url":null,"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.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132543755","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

Discover Crimes against Humanity as Gross Violations of Human Rights: International and Indonesia Perspectives 发现危害人类罪严重侵犯人权:国际和印度尼西亚的观点

Substantive Justice International Journal of Law Pub Date : 2021-12-10 DOI: 10.33096/substantivejustice.v4i2.133

Gde Made Swardhana

{"title":"Discover Crimes against Humanity as Gross Violations of Human Rights: International and Indonesia Perspectives","authors":"Gde Made Swardhana","doi":"10.33096/substantivejustice.v4i2.133","DOIUrl":"https://doi.org/10.33096/substantivejustice.v4i2.133","url":null,"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.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"198 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124434860","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

Constructive Termination of Employment by Indonesia Companies: A Comparative Study 印尼公司建设性终止雇佣关系的比较研究

Substantive Justice International Journal of Law Pub Date : 2021-09-29 DOI: 10.33096/SUBSTANTIVEJUSTICE.V4I2.143

Desak Putu Dewi Kasih, Nyoman Satyayuda Dananjaya, Kadek Agus Sudiarawan, I. P. B. W. Raksita

{"title":"Constructive Termination of Employment by Indonesia Companies: A Comparative Study","authors":"Desak Putu Dewi Kasih, Nyoman Satyayuda Dananjaya, Kadek Agus Sudiarawan, I. P. B. W. Raksita","doi":"10.33096/SUBSTANTIVEJUSTICE.V4I2.143","DOIUrl":"https://doi.org/10.33096/SUBSTANTIVEJUSTICE.V4I2.143","url":null,"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 workerâ€™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.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114324976","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: 1

Government Responsibility for The Fulfillment Basic Rights of Unprosperous people In Education Sector 实现贫困人口基本教育权利的政府责任

Substantive Justice International Journal of Law Pub Date : 2021-06-21 DOI: 10.33096/substantivejustice.v4i1.106

P. Susanti, Rafiqa Sari

{"title":"Government Responsibility for The Fulfillment Basic Rights of Unprosperous people In Education Sector","authors":"P. Susanti, Rafiqa Sari","doi":"10.33096/substantivejustice.v4i1.106","DOIUrl":"https://doi.org/10.33096/substantivejustice.v4i1.106","url":null,"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.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"55 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125986105","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: 3

The Legality of the Prostitution Place Behind the Nightlife 夜生活背后的卖淫场所的合法性

Substantive Justice International Journal of Law Pub Date : 2021-06-21 DOI: 10.33096/substantivejustice.v4i1.117

Andi Hidayat Anugrah Ilahi, Titien Pratiwi Adnas

{"title":"The Legality of the Prostitution Place Behind the Nightlife","authors":"Andi Hidayat Anugrah Ilahi, Titien Pratiwi Adnas","doi":"10.33096/substantivejustice.v4i1.117","DOIUrl":"https://doi.org/10.33096/substantivejustice.v4i1.117","url":null,"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.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127469409","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 Law Enforcement Factors in Waste Management to Achieve Environmental Sustainability and Community Welfare 废物管理的执法因素，以达致环境可持续发展及社会福利

Substantive Justice International Journal of Law Pub Date : 2021-05-23 DOI: 10.33096/substantivejustice.v4i1.109

S. Akhmaddhian, Ria Virigianti, E. Yuhandra

{"title":"The Law Enforcement Factors in Waste Management to Achieve Environmental Sustainability and Community Welfare","authors":"S. Akhmaddhian, Ria Virigianti, E. Yuhandra","doi":"10.33096/substantivejustice.v4i1.109","DOIUrl":"https://doi.org/10.33096/substantivejustice.v4i1.109","url":null,"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.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"91 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117293039","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: 2