Yustitia

ANALISIS PERMASALAHAN PEMBIAYAAN MUDHARABAH SERTA SOLUSINYA PADA BANK SYARIAH DI INDONESIA

Laura Aprilia Putri — 2025-04-15

Mudharabah financing is a financing product that is run based on the principle of profit sharing in the sharia banking system, where the sharia bank is the shahibul maal (capital owner) and the customer is the mudharib (business manager). In Indonesia, mudharabah financing has shown significant development as an alternative financing that complies with sharia principles. However, there are various problems that hamper the effectiveness of this financing product. This analysis aims to identify and analyze problems that occur in mudharabah financing in Indonesian sharia banks, as well as provide recommendations for solving them.

HARMONISASI HUKUM PERIKANAN UNTUK KESEJAHTERAAN KELAUTAN INDONESIA

Emiel Salim Siregar — 2025-04-15

The rapid growth of the fisheries industry in Indonesia highlights the urgent need to formulate and implement legal policies that are in line with sustainability principles. This abstract discusses efforts to "Harmonize Fisheries Law for Indonesia's Marine Welfare," with a focus on achieving long-term goals involving economic, ecological, and social aspects. The paradigm shift from overexploitation to sustainable management requires integration and consistency between applicable legal regulations. This research highlights the importance of addressing interregulatory conflicts, increasing supervision, and implementing effective sanctions to support sustainability principles. In addition, harmonization of fisheries regulations at various levels of government, from local to national levels, is essential to ensure good coordination in policy implementation. By detailing the positive impact of the harmonization of fisheries laws, the term

IMPLEMENTASI PROGRAM BINA SANTRI LAPAS (BSL) DOMPET DHUAFA DALAM MENINGKATKAN PEMBINAAN KEPRIBADIAN NARAPIDANA DI LAPAS KELAS IIA CIKARANG

Galih Syafatullah — 2025-04-15

Each correctional institution has its own way of implementing personality development program development. The personality development program is one of the ways to implement the goal of prisoner reintegration. Cikarang Class IIA Correctional Institution provides Personality Development through the Lapas Santri Development Program. (BSL). The purpose of this research is to understand the implementation of the Dompet Dhuafa Prison Santri Development Program in improving the personality development of inmates at Class IIA Cikarang Prison along with its obstacles. In this study, a qualitative research method with a descriptive approach was used. The data collection techniques used by the researcher are observation, interviews, and document studies. The result of this research is the Santri Development Program (BSL) at Class IIA Cikarang Correctional Facility in collaboration with the Dompet Dhuafa Foundation. The implementation of the program mechanisms agreed upon by the Dompet Dhuafa Foundation and Class IIA Cikarang Correctional Facility includes studying fiqh, reading Iqro, Jus Amma, and the Qur'an, religious lectures, and Dai cadre education. Additionally, it aims to improve the inmates' understanding of reading the Qur'an. Obstacles in implementing education include the lack of quantity of teachers from Dompet Dhuafa, the lack of awareness among inmates in participating in the santri coaching program, and the lack of facilities and infrastructure to support the learning process.

PENGARUH LINGKUNGAN LAPAS TERHADAP PERKEMBANGAN ANAK : PERSPEKTIF PSIKOLOGIS DAN SOSIAL

Mitro Subroto — 2025-04-15

his study evaluates the impact of the prison environment on children's development from a psychological and social perspective. The prison environment, with its stress and separation from family, leads to emotional and cognitive impairments, including difficulty sleeping, concentration, and social skills. Children in prisons also face social stigma and isolation, as well as family disconnections, which disrupt their sense of security. Psychological and social support, such as therapy and family programs, are essential to overcome these impacts. This research highlights the need for collaboration between governments, social institutions, and communities to provide effective interventions for the optimal well-being and development of children in prisons.

REFORMASI HUKUM INDONESIA MELALUI LENSA FEMINIST LEGAL THEORY: MENYUSUN KEADILAN GENDER

Ardan Ardan — 2025-04-15

This paper explores the urgency of legal reform in Indonesia through the lens of Feminist Legal Theory (FLT) as an alternative approach to building a more gender-just legal system. Indonesian law has long been shaped by patriarchal values that neglect the lived experiences and needs of women, particularly in cases of sexual violence, domestic discrimination, and unequal access to justice. FLT challenges the claim of legal neutrality and asserts that law is a social construct embedded within power relations. Using a normative juridical method with statutory, conceptual, and case study approaches, this study examines how gender bias is reflected in legislation and legal enforcement, and how women's voices are often marginalized in formal legal processes. The analysis supports the notion that justice must not only be formal and procedural, but also substantive and contextually grounded in the social realities of vulnerable groups, especially women. Legal reform through FLT calls for the transformation of legal structures to become more responsive to gender issues and promotes the active participation of women in legislative and legal advocacy processes. Therefore, integrating feminist perspectives into legal policymaking is a strategic step toward achieving inclusive and transformative social justice in Indonesia.

AKIBAT WANPRESTASI DAN OVERMACHT MENURUT KUHPERDATA: (ANALISIS PUTUSAN PENGADILAN NEGERI MAMUJU NOMOR 28/PDT.G.S/2019/PN.MAM TAHUN 2019)

Febri Aditya — 2025-04-15

An agreement can be implemented well if the parties have fulfilled their respective achievements as agreed without any party being harmed. However, there are times when the agreement is not implemented properly because of a default by one of the parties or the debtor. Default is a term that refers to non-fulfillment of achievements by the debtor. The occurrence of a default results in the loss of the other party (the opponent of the party in default). In Article 1234 of the Civil Code, because there is a loss by another party, the party who has committed the default must bear the consequences of the opposing party's demands, which can be in the form of: cancellation, agreement. cancellation of the agreement accompanied by a claim for compensation, fulfillment of the agreement and fulfillment of the agreement accompanied by a claim for compensation. Meanwhile, overmacht or force majeure is a situation caused by things that are completely unpredictable by the debtor, resulting in non-fulfillment of achievements. In Article 1245 of the Civil Code, if the debtor is unable to fulfill his obligations due to compelling circumstances, the debtor is not required to bear the burden of the loss.

AKIBAT HUKUM TERHADAP KREDITUR DALAM PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG BERDASARKAN UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG

Rezki Saputra Jas — 2025-04-15

The Postponement of Debt Payment Obligations (PKPU) filed by a creditor is a legal mechanism that allows a creditor to file a PKPU petition against a debtor suspected of experiencing financial difficulties and failing to meet their debt payment obligations on time. The purpose of this study is to examine the legal consequences for creditors in the Postponement of Debt Payment Obligations based on Law Number 37 of 2004 on Bankruptcy and the Postponement of Debt Payment Obligations and the judges’ considerations in deciding on the PKPU petition. This study employs a normative legal research method. The data sources are derived from secondary data, categorized into three types: primary legal materials, secondary legal materials, and tertiary legal materials. The data collection technique used is documentary study or literature review. The conclusion of this research indicates that the legal consequences of a judge rejecting a PKPU petition include: First, the rejection of the petition means that no Postponement of Debt Payment Obligations (PKPU) is granted to the debtor. Second, if a creditor wishes to sue the debtor again regarding debt fulfillment, the creditor can file a civil lawsuit for default. The judge’s considerations in rejecting the PKPU petition are based on the fact that the debtor does not have more than one creditor because other creditors lack valid power of attorney. Furthermore, in cases where the amount of debt is insignificant and insufficient to trigger bankruptcy if the peace plan under the PKPU fails to materialize, this also influences the court’s decision. The study recommends that there should be clearer regulations concerning the position of other creditors and the minimum debt amount in the Bankruptcy and Postponement of Debt Payment Obligations Law. Legal considerations should also adopt a dimension of fairness, strict legal protection, and substantive legal breakthroughs to ensure the enforcement of law that is beneficial for human needs.

KEPASTIAN HUKUM PEMEGANG SERTIPIKAT HAK PAKAI ATAS TANAH NEGARA TERHADAP PEMEGANG SURAT KETERANGAN GANTI RUGI DALAM GUGATAN PERDATA

Jasril Jasril — 2025-04-15

The human need for land today is increasing. This is due to the increasing number of population, while on the other hand, the land area does not increase. For this reason, the rights and authorities of the parties are regulated in the Basic Agrarian Law (UUPA) Number 5 of 1960. This study is a normative legal research that aims to (1) Analyze the legal arrangements for holders of state land use right certificates against SKGR according to the provisions of Indonesian civil law; (2) Analyze the legal certainty for the holder of the right to use the certificate on state land against the holder of the SKGR in a Civil Lawsuit. This research approach consists of a case approach, a legislative approach, and a conceptual approach. Case Approach based on case analysis of court decision No. 83/PDT. G/2009/PN. PBR, No. 75/PDT. G/2007/PN. PBR, and also decision No. 46/PDT. G/2011/PN. PBR. This study concludes that the legal certainty of the holder of the certificate of right to use state land against the SKGR in a civil lawsuit before the court has powerful legal force based on one of the provisions in Article 16 of the UUPA. The next conclusion is that the legal consequences of the holder of the right to use SKGR state land in a civil lawsuit in front of the court can be measured through the legal arrangement of proof in the civil procedure law.

ANALISIS PENERAPAN IDEAL REDUCING EMISSIONS, DEFORESTATION AND FOREST DEGRADATION DI INDONESIA

Nur Halimah Widowati — 2025-04-15

The implementation of Reducing Emissions, Deforestation, and Forest Degradation in Indonesia still faces many problems. Brazil as one of the first countries to implement Reducing Emissions Deforestation and Forest Degradation has succeeded in reducing deforestation rates from 2005 to 2014. In this paper, the author will compare the implementation of Reducing Emissions, Deforestation, and Forest Degradation in Indonesia and Brazil to find the ideal form of application for Reducing Emissions, Deforestation, and Forest Degradation using doctrinal research methods and using primary also secondary legal materials. The implementation of Reducing Emissions, Deforestation, and Forest Degradation in Indonesia and Brazil still finds various obstacles. The application of the principles of Good Environmental Governance is important in Reducing Emissions Deforestation and Forest Degradation, so the regulation is formed based on sustainable environmental interests, cooperation and coordination between every institutions that take part in forest environmental management and active participation from the community in forming the regulation and the implementation of Reducing Emissions Deforestation and Forest Degradation.

ANALISIS PERTIMBANGAN MAJELIS HAKIM ATAS PENGADUAN ATAU LAPORAN PALSU (Studi Kasus Putusan Nomor : 10/Pid.B/2023/PN.Tul)

Monica Atma Negara — 2025-04-15

ABSTRACT

This research aims to identify the elements that constitute a false report and analyze how the judges consider cases of false complaints. Through a normative legal approach, this study found that false reports are characterized by elements such as "whoever", "intentionally", "submitting a false complaint or notification to the authorities", and "both in writing and for writing". In the case of Abdul Halik Roroa, a lawyer who was reported for making a false report, is an interesting example. Although proven guilty, the defendant was acquitted because the judges were of the view that his actions were carried out in the course of performing his professional duties in good faith. This decision indicates that there is legal protection for lawyers while carrying out their duties.

Keywords: Elements, Considerations, Panel of judges.