Justisi最新文献 - Book学术

Application of Restorative Justice to the Crime of Sexual Violence against Women 恢复性司法在针对妇女的性暴力犯罪中的应用

Justisi Pub Date : 2024-08-10 DOI: 10.33506/js.v10i3.3375

Ganen Seknun, Hadi Tuasikal, A. S. R.S. Rakia, Nima Norouzi

{"title":"Application of Restorative Justice to the Crime of Sexual Violence against Women","authors":"Ganen Seknun, Hadi Tuasikal, A. S. R.S. Rakia, Nima Norouzi","doi":"10.33506/js.v10i3.3375","DOIUrl":"https://doi.org/10.33506/js.v10i3.3375","url":null,"abstract":"This research highlights the background of Indonesia as a state of law, where state power is regulated by law to achieve legal order. However, the implementation of laws to protect women from violence still poses weaknesses that affect the sense of justice and impunity for perpetrators. As an alternative solution, the Restorative Justice approach is proposed to resolve acts of sexual violence by involving victims and perpetrators in dialogue and joint recovery, in accordance with the principle of consensus. This research uses the normative juridical method by analyzing relevant regulations and literature as well as conducting interviews at the Teluk Bitung District Police. It was found that the Restorative Justice approach can be a more inclusive and restorative alternative for victims and perpetrators of sexual violence. However, to implement it effectively, certain conditions need to be met, including admission of guilt, consent of the victim and perpetrator, and support from the police or prosecutor's office. The results show that this approach has the potential to provide a fairer resolution and have a positive impact on efforts to prevent and respond to violence against women in Indonesia.","PeriodicalId":477047,"journal":{"name":"Justisi","volume":"1 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141921049","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 Guarantee of Children's Right in Determinating Guardian ad Litem on Sale and Purchase of Inherited Property 在确定买卖继承财产的诉讼监护人时保障儿童的权利

Justisi Pub Date : 2024-07-15 DOI: 10.33506/js.v10i3.3236

Saumita Ngesti Rahmadanti, Marisa Kurnianingsih, Ellya Nur Fariesha, Binti Azrurahime

{"title":"The Guarantee of Children's Right in Determinating Guardian ad Litem on Sale and Purchase of Inherited Property","authors":"Saumita Ngesti Rahmadanti, Marisa Kurnianingsih, Ellya Nur Fariesha, Binti Azrurahime","doi":"10.33506/js.v10i3.3236","DOIUrl":"https://doi.org/10.33506/js.v10i3.3236","url":null,"abstract":"On selling the property of minors, absolutely parents must pay attention to the main objective, namely the welfare of the child. Thus, it is not used for personal interests and overrides the interests of children because this is contrary to children's rights. This study examines protecting children's rights for Guardian ad Litem (GAL), which will trade their children's property. To study the rules governing how a guardian ad litem can handle inherited property for the benefit of minors because he is considered an heir to his parent's property if his parents die. This study uses an empirical juridical methodology from the legislative framework, cases, conceptual frameworks, and interviews. Then, the novelty contains the role of the government in regulating minors who legally sell their inherited property and consider related children's rights. The study shows that Badan Pertanahan Nasional (BPN) of Kota Surakarta has carried out its duties effectively, supported by the conditions set for parents who want to sell the property on behalf of their children. The results of this study are the steps taken by the government to ensure that parents do not abuse their power to steal children's property and further examine guardian ad litem ship according to Islamic law. The role of BPN of Kota Surakarta is also in collaboration with the Religious Court in charge of determining guardian ad litem of minors. It can be concluded that the reasons for parents who want to sell their children's inheritance are clear and not abused by parents who want to become guardian ad litem. It caused the role of guardian ad litem in Islam to include the maintenance of themselves and their property. So that all guardians ad litem maintain health, justice, honesty, and good behavior.","PeriodicalId":477047,"journal":{"name":"Justisi","volume":" 18","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141832929","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 Children Protection as Victim of Psychological Violence in Surakarta 保护苏腊卡尔塔遭受心理暴力的合法儿童

Justisi Pub Date : 2024-07-05 DOI: 10.33506/js.v10i3.3232

Adinda Rizky Oktaviary, Marisa Kurnianingsih, AndiIntan Purnamasari

{"title":"Legal Children Protection as Victim of Psychological Violence in Surakarta","authors":"Adinda Rizky Oktaviary, Marisa Kurnianingsih, AndiIntan Purnamasari","doi":"10.33506/js.v10i3.3232","DOIUrl":"https://doi.org/10.33506/js.v10i3.3232","url":null,"abstract":"This study aims to reveal how Surakarta government faces legal protection. Also, constraints in providing fulfillment of the rights of child victims of psychological violence committed in the family environment. This study uses an empirical juridical method interview and examine the legal provisions that apply in society. It focuses on violence against children committed by their parents, which has an impact on the child's psychology with valid data sourced from the authorities. Although violence against children is a violation of human rights, without realizing it, there are still many people who are willing to commit acts of psychological violence against children. It is because the child is unlikely to rebel when they receive improper treatment from adults, including within the scope of their own family, even though this treatment will have an impact on the child's psychology in the future. The results revealed that illustrate the psychological violence is only considered an internal family problem, and not many people realize it as an act of violence. Surakarta government has actually made efforts to prevent and reduce the number of violence against children, such as by providing an understanding of the importance of giving good parenting, being more able to control emotions, and being sensitive to the conditions and needs of children. This study concludes that the Surakarta government, through DP3AP2KB, has made various efforts to deal with cases of violence that can have an impact on children's psychology. However, these efforts are not fully supported by the public due to the lack of understanding and awareness of the dangers of violence against children, so the number of child abuse in Surakarta has not been a significant change.","PeriodicalId":477047,"journal":{"name":"Justisi","volume":" 48","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141675309","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 Position of Employment Agreement after the Enactment of Government Regulation in Lieu of Law (Perpu) Number 02 of 2022 Concerning Manpower 关于人力的 2022 年第 02 号政府代法条例（Perpu）颁布后雇佣协议的法律地位

Justisi Pub Date : 2024-06-10 DOI: 10.33506/js.v10i3.2420

Evanto Pandora Manalu, Siti Hajati Hoesin, Bangun Pandapotan Hutajulu, Rinaldi Agusta Fahlevie, Athil Khaleel Farhan

{"title":"Legal Position of Employment Agreement after the Enactment of Government Regulation in Lieu of Law (Perpu) Number 02 of 2022 Concerning Manpower","authors":"Evanto Pandora Manalu, Siti Hajati Hoesin, Bangun Pandapotan Hutajulu, Rinaldi Agusta Fahlevie, Athil Khaleel Farhan","doi":"10.33506/js.v10i3.2420","DOIUrl":"https://doi.org/10.33506/js.v10i3.2420","url":null,"abstract":"The government has replaced Law Number 2 of 2022 on Job Creation, eliminating derivative provisions from Law Number 11 of 2020 on Employment and citing the principles of Legal Certainty and Protection. The terms of employment contracts are predominantly governed by Law Number 13 of 2003 on Manpower, with specific provisions from Law Number 11 of 2020 remaining intact, such as the conversion from Fixed-Term Work Agreements/ Perjanjian Kerja Waktu Tertentu (PKWT) to Permanent Work Agreements/Perjanjian Kerja Waktu Tertentu (PKWTT). Meanwhile, Government Regulation Number 35 of 2021 has been rescinded by the newly implemented Regulation, posing challenges for legal status adjustments in district courts. This investigation aims to scrutinize and elucidate the execution of converting PKWT to PKWTT before enacting the Government Regulation in Lieu of Law (Perppu) and the Omnibus Law. Subsequently, the aim is to explore and clarify the conversion of fixed-term work contracts such as PKWT into permanent work contracts such as PKWTT following the implementation of the Perppu. This study adopts a normative/doctrinal approach. The consulted literature encompasses various legal documents, including Government Regulation Number 35 of 2021. Then, it was found that the significance of regulations concerning the PKWT to PKWTT conversion was underscored in offering clarity to workers in their daily tasks. The Manpower Law imposes restrictions on work agreements with employees, mandating written contracts in Indonesian and prohibiting multiple extensions beyond the stipulated limit.","PeriodicalId":477047,"journal":{"name":"Justisi","volume":"119 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141362404","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 Wisdom in Indonesian Legal System: Toward Progressive Law Enforcement 印度尼西亚法律体系中的法律智慧：印尼法律体系中的法律智慧：迈向渐进式执法

Justisi Pub Date : 2024-06-04 DOI: 10.33506/js.v10i3.3198

Muhammad Ridwan Hidayat, Suteki Suteki, Jean Claude, Geofrey Mahoro

{"title":"Legal Wisdom in Indonesian Legal System: Toward Progressive Law Enforcement","authors":"Muhammad Ridwan Hidayat, Suteki Suteki, Jean Claude, Geofrey Mahoro","doi":"10.33506/js.v10i3.3198","DOIUrl":"https://doi.org/10.33506/js.v10i3.3198","url":null,"abstract":"This study aims to analyze the state of society that began without a system, or what is called the condition of disorder, which is unstable (social melee) so that the state of law, when it comes to people's lives, must also follow the unstable pattern (legal melee). The method used is normative philosophical, which leads to the basis of discourse (Conceptual). This study also explains some of the gaps in previous similar studies by presenting some novelty of analysis, such as (1) an explanation of how legal wisdom is an important concept for progressive law enforcement, (2) the national legal system (conventional) with legalistic positivistic substance remains an open formulation towards legal progressiveness in Indonesia. The exposure of the construction of a legal system continuously undergoing development is an issue that must always get a balance for new legal discoveries so that the developing law always follows the development of society. The results of this study revealed that the existing legal products also naturally show how the law plays a role. Then, with the existence of legal products, one area that gets regulation against it must be more organized than areas that legal arrangements have not been regulated by law. It can be concluded that today's Indonesian legislation is a portrait that shows the problem of existing regulations. It has become natural to revive and develop with a more structured of legal enforcement.","PeriodicalId":477047,"journal":{"name":"Justisi","volume":"9 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141387677","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

Constructing the Concept of Commissioner Judge in Enforcing the Exclusionary Rules Principle in Indonesia 在印度尼西亚执行排除规则原则时构建专员法官的概念

Justisi Pub Date : 2024-06-01 DOI: 10.33506/js.v10i3.2607

Febryan Alam Susatyo, Muchlas Rastra, Samara Muksin

引用次数: 0

Analysis of Child Labor Rights Fulfillment Based on Maqashid Syariah 基于伊斯兰教法的童工权利履行情况分析

Justisi Pub Date : 2024-05-02 DOI: 10.33506/js.v10i2.2861

Muhammad Habibi, Miftakhul Marwa, Immawan Wahyudi, Fithriatus Shalihah

{"title":"Analysis of Child Labor Rights Fulfillment Based on Maqashid Syariah","authors":"Muhammad Habibi, Miftakhul Marwa, Immawan Wahyudi, Fithriatus Shalihah","doi":"10.33506/js.v10i2.2861","DOIUrl":"https://doi.org/10.33506/js.v10i2.2861","url":null,"abstract":"Child Labor is a serious problem that has attracted national and international public attention. The purpose of writing this article is to analyze in depth the review of the fulfillment of child Labor rights based on maqashid sharia. This article's research method uses a type of normative legal research using secondary data obtained through literature study. The collected data was then analyzed descriptively qualitatively using a conceptual approach, namely the concept of maqashid sharia. The results and findings in this article are that Islam places the fulfillment of children's rights as an important thing to realize. The general aim of Allah SWT in sending down the Shari'a is to bring about benefits. The basic concept of benefit is realizing benefits and preventing harm. The practice of child Labor is prohibited, because it conflicts with the five main principles of maqashid sharia, namely the protection of religion, soul, mind, property and descendant, which are primary needs (dharuriyyah) that must be fulfilled in humans. The priority of a child's age is to fulfill the rights of religion, soul, reason and heredity rather than fulfilling the need for wealth.","PeriodicalId":477047,"journal":{"name":"Justisi","volume":"59 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141022253","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

Cultural Radicalization Cons as an Effort to Eradicate the Crime of Terrorism in Indonesia 印度尼西亚为根除恐怖主义犯罪而采取的文化激进化措施

Justisi Pub Date : 2024-04-20 DOI: 10.33506/js.v10i2.2935

Samsul Arifin, Achmad Hariri, Satria Unggul Wicaksana Prakasa, Asis Asis

引用次数: 0

Legal Dilemma between Law on Protection Child and Marriage Law in Addressing Early Marriage 儿童保护法》与《婚姻法》在解决早婚问题上的法律困境

Justisi Pub Date : 2024-04-10 DOI: 10.33506/js.v10i2.2814

Winsherly Tan, Agustianto Agustianto, Febri Jaya

引用次数: 0

Advertising and Campaign Props in the Perspective of Enviromental Ethics in West Aceh 西亚齐环境伦理视角下的广告和活动道具

Justisi Pub Date : 2024-04-10 DOI: 10.33506/js.v10i2.3012

Chandra Darusman S, Basri Basri, Phoenna Ath Thariq, Apri Rotin Djusfi, Anhar Fazri

{"title":"Advertising and Campaign Props in the Perspective of Enviromental Ethics in West Aceh","authors":"Chandra Darusman S, Basri Basri, Phoenna Ath Thariq, Apri Rotin Djusfi, Anhar Fazri","doi":"10.33506/js.v10i2.3012","DOIUrl":"https://doi.org/10.33506/js.v10i2.3012","url":null,"abstract":"Installation of advertisements and campaign props on trees in West Aceh Regency has begun because the 2024 election campaign. It is suspected to be done because the wider community can easily see them and not require expensive promotional costs. West Aceh Regency Qanun has regulated the provisions prohibiting the installation of symbols, flags, banners, and other attributes in certain places. This study aims to find out and explain the suitability of West Aceh Regency Qanun Number 3 of 2021 with the concept of environmental ethics, find out the basis for exceptions to the installation of advertisements and campaign props on trees can be done with the permission of the Regent and find out how law enforcement against violations of the use of trees as a place to install advertisements and campaign props in West Aceh Regency. This study is an empirical juridical study with a prescriptive method that uses library research as secondary data and field study conducted to obtain primary data through interviews and FGDs with informants. The results show that Article 15, paragraphs (1) and (2) of West Aceh Qanun Number 3 of 2021 still need to follow environmental ethics. Hence, it creates a biased interpretation of whether or not the installation of advertisements and campaign props on tree media certainly impacts the emergence of inconsistencies.\u0000Keywords: Advertisement, Campaign Props, Tree, Environmental Ethics","PeriodicalId":477047,"journal":{"name":"Justisi","volume":"13 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140717205","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