cover
Contact Name
Aan Aswari
Contact Email
-
Phone
+6285341767070
Journal Mail Official
substantive.justice@umi.ac.id
Editorial Address
Faculty of Law, Universitas Muslim Indonesia
Location
Kota makassar,
Sulawesi selatan
INDONESIA
Substantive Justice International Journal of Law
ISSN : -     EISSN : 25990462     DOI : http://dx.doi.org/10.33096/substantivejustice
Core Subject : Social,
The scope of articles published in this journal relates to topics in the fields of Adat Law, Constitutional Law, State Administrative Law, Criminal Law, Civil Law, International Law, Islamic Law, Environmental Law, Economic Law, Medical Law and other discussions relating to Legal studies that follow our writing guidelines.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 29 Documents
Understanding to Intergroup Conflict: Social Harmonization and Law Awareness of Society Nawi, Syahruddin; Syarif, Muhammad; Hambali, Aswad Rachmat; Salle, Salle
Susbtantive Justice International Journal of Law Vol 2 No 2 (2019): Substantive Justice International Journal of Law
Publisher : Substantive Justice, Publication Unit, Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (368.1 KB) | DOI: 10.33096/substantivejustice.v2i2.45

Abstract

The development and progress of the city of Makassar in line with the occurrence of disturbing conflicts, conflicts and even war between groups provide an overview of research problems regarding the erosion of nationalism, erosion of national ideology, low national character, erosion of local culture, shallow religious values, low sense of solidarity, moral decline , and ethnic fanaticism and declining character quality and declining character quality, all of which have the potential to threaten National Integration and Social Harmony. This research method is descriptive and form of presentation in a systematic, factual and accurate description of the facts obtained. The results showed that conflict/war between groups or residents still occurred in at least six 6 regions in Makassar that had caused various losses because war between groups or residents involved children or adolescents using dangerous objects. There are 30 factors, namely juvenile delinquency, multi aspects, peaceful disturbance, offensive, revenge, social, economic, jealousy, work area disputes, unemployment, ethnicity, religion, culture, wild race, women, competition, misunderstanding, social change, deprivation land, women who seize men (infidelity of women), youth group clashes, politics/parties, deception, social classes/strata, selfishness, arrogance, ridicule, slander, conflict of interest, and government land disputes. Recommendations are needed Conflict Resolution Forum (FOLEKO) as a preventive and repressive measure, provide guidance and counseling for members of the community, about legal awareness, social ethics and courtesy in family life and community life, and inculcation of religious values ??and national integrity, the authorities need to be more intensive in conducting surveillance and need to carry out routine checks on the possession of dangerous sharp objects, and it is necessary to have the Social Harmony Creation Model module and legal awareness as recommendations of this research.
Recruitment of Village Apparatus in the Regions and Implementation Akhmaddhian, Suwari
Susbtantive Justice International Journal of Law Vol 2 No 2 (2019): Substantive Justice International Journal of Law
Publisher : Substantive Justice, Publication Unit, Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (360.156 KB) | DOI: 10.33096/substantivejustice.v2i2.48

Abstract

The purpose of this article is to find out how the rules for the appointment of a village apparatus in the area and to know the implementation of the appointment at every level of village apparatus in the area. The research method used is empirical normative data collection through literature study, observation and interviews. The research location is Kuningan Regency, West Java. The results of the study are that the regulation on the selection of village apparatus is regulated in Law Number 6 of 2014 concerning Villages while the implementation of the local government issued Regional Regulation of Kuningan Regency Number 13 of 2015 concerning Village Apparatus and Kuningan Regent Regulation Number 73 of 2015 concerning Procedure for Appointment, Dismissal and Transfer of Position of Village Apparatus. Factors that predominantly influence the implementation of the appointment of the village apparatus are the lack of community knowledge related to regulations related to the selection of village apparatus so that there is a need for educational activities to the community related to regulations at the regional level.
Standing Commitment of Sale and Purchase Agreement (PPJB) in Purchasing Flats Unit as Legal Protection for Consumers Giovana, Ni Putu Teresa
Susbtantive Justice International Journal of Law Vol 2 No 1 (2019): Substantive Justice International Journal of Law
Publisher : Substantive Justice, Publication Unit, Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (638.007 KB) | DOI: 10.33096/substantivejustice.v2i1.28

Abstract

Research on the commitment of binding sale and purchase (PPJB) in terms of the marketing of flats is a step in legal protection for consumers who will buy flats. This PPJB will bind both parties, namely sellers and buyers for the legal sale and purchase. However, often in terms of the marketing of flats, some rogue developers market flats when the apartment building does not yet have a building permit. This is very contrary to Law Number 20 of 2011 concerning Flats, which says that the marketing of flats must be carried out if the apartment has an IMB. This causes uncertainty of protection for consumers in terms of purchasing flats. Plus PPJB is generally made only with a standard agreement made unilaterally so that consumers cannot freely express their opinions, besides that consumers are also susceptible to losses due to PPJB made without the said IMB. This research was conducted to examine the PPJB in terms of protection for consumers of the flats. This research is normative, namely by way of implementing a legal and conceptual approach. The legal material of this study uses primary legal materials, secondary legal materials and tertiary legal materials by conducting legal material collection using a single method, namely literature study. Protection for consumers is done by using PPJB made by a Notary to minimize the impact that might occur in the future.
Stagnancy of Land Use Arrangement Former Cultivation Rights Gatra, Dwi; Pasamai, Syamsuddin; Kadir, Hasan; Buana, Andika Prawira; Aswari, Aan
Susbtantive Justice International Journal of Law Vol 1 No 1 (2018): Substantive Justice International Journal of Law
Publisher : Substantive Justice, Publication Unit, Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (173.999 KB) | DOI: 10.33096/substantivejustice.v1i1.14

Abstract

Land issues still cause problems especially in terms of usage rights that are discharged, the allocation is still limited to the obsolete concept that is still applied today, while the increasingly complex needs for the development of the suitability and more appropriate. This study formulates the extent to which the city of Makassar in reorganizing this concession as its purpose-built sustainably and sustainable future. This study uses empirical juridical and legal research supported by the results of observation. The results of this study describe the efforts undertaken by the government in this case BPN Makassar City seem less innovative so that the impact on potential obstacles of regional development and running haltingly.
Legal Protection on Intellectual Property Rights in the Development of Creative Economy in Mamuju Regency Suryansyah, Suryansyah
Susbtantive Justice International Journal of Law Vol 2 No 1 (2019): Substantive Justice International Journal of Law
Publisher : Substantive Justice, Publication Unit, Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (659.741 KB) | DOI: 10.33096/substantivejustice.v2i1.30

Abstract

Protection of legal intellectual property rights is the main pillar for businesses, especially those engaged in the creative economy business. The role of law can provide guarantees and legal certainty in creating a good economic climate and increasing people?s income derived from the results of the work of creativity, ideas and creativity. The creative economy becomes a strategic issue as a government effort in developing the regional economy, creating a climate of creation and innovation and leading to improving people?s welfare. The development of creative economic ventures in Mamuju Regency, West Sulawesi Province must be supported by a set of regional regulations, specifically those that regulate the protection of intellectual property rights of creative economy entrepreneurs. So that business people get protection, justice, benefit and legal certainty related to the work of copyright and innovation products owned. This study aims to examine the regional regulations of Mamuju Regency about the economy, especially the protection of intellectual property rights for creative economic business actors and identify the potential of the creative economy. Data is collected through literature studies to trace data through regional regulation documents. The processed data from descriptive analysis is used as a basis for consideration and review of economic law. The results of this study are in the form of sources of economic law material and manuscripts of academic considerations, where the local government and the public can find out the legal position in the protection of intellectual property rights of creative economy entrepreneurs in Mamuju Regency.
Legal Liability Company Based On Sharing Economy to Service And Consumer Providers Amin, Fakhry
Susbtantive Justice International Journal of Law Vol 1 No 2 (2018): Substantive Justice International Journal of Law
Publisher : Substantive Justice, Publication Unit, Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (197.731 KB) | DOI: 10.33096/substantivejustice.v1i2.23

Abstract

Tujuan penelitian ini adalah untuk untuk mengetahui dan menganalisis bentuk pertanggungjawaban hukum perusahan berbasis sharing economy terhadap penyedia jasa dan konsumen. Metode penelitian ini menggunakan metode penelitian normatif. Hasil penelitian menunjukkan bahwa (1) Bentuk tanggung jawab hukum perusahaan sharing economy dapat berupa pertanggungjawaban perdata atau pertanggungjawaban administrasi. Selain itu, perusahaan sharing economy diberikan keleluasaan untuk menyelesaikan persoalan dengan pihak provider yang tidak diatur dalam undang-undang sebagai bentuk penegakan prinsip perusahaan yang baik; dan (2) Status perusahaan sharing economy disamakan statusnya dengan perusahaan petahana sesuai dengan UUPT. Rekomendasi penelitian ini adalah (1) perlu diadakan revisi terhadap UUPT demi menyikapi kekosongan hukum terhadap sehingga kepastian hukum provider dan konsumen lebih terjamin. (2) Pemerintah dalam hal memberikan kebebasan dan keleluasaan kepada masyarakat dalam hal kegiatan berusaha juga perlu dibarengi dengan pengawasan yang ketat sehingga dapat mengurangi kesempatan timbulnya ketimpangan yang terjadi di masyarakat dalam hal persaingan usaha.
Interpretation Of Judges In Supreme Court Decision Number: 46 P/HUM/2018 Yusuf, Muslim Andi; Fidyansari, Dharma
Susbtantive Justice International Journal of Law Vol 2 No 2 (2019): Substantive Justice International Journal of Law
Publisher : Substantive Justice, Publication Unit, Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (336.471 KB) | DOI: 10.33096/substantivejustice.v2i2.43

Abstract

This research was conducted to determine the interpretation of judges in the Supreme Court Decision No. 46 P/HUM/2018. This study uses a normative type of research with an approach to identifying legislation and literature that is relevant to research. Data collected from primary, secondary, and tertiary legal materials are analyzed qualitatively, arranged systematically, and presented descriptively. The results of this study indicate that in the Supreme Court Decision Number 46 P/HUM/2018 which judges that Article 4 paragraph (3), Article 11 Paragraph (1) Letter d and Appendix Model B.3 Election Commission Regulation Number 20 of 2018 is contradictory to Law Number 17 of 2017 concerning General Election in conjunction with Law Number 12 of 2011 concerning Formation of Regulations and Judges? Considerations based on the interpretation of the testing object test stones namely the sentences in the text of Law Number 7 of 2017 concerning General Elections and Law Number 12 of 2011 concerning Formation of Legislation as a guide so that the interpretation of judges is based on exploring the meaning contained in the statement written norm text by studying the book in sentence structure or its relationship with other rules.
Legal Politics of Simplifying Political Parties in Indonesia (Case Study of 2004 – 2014 Election) Mamonto, Mochammad Andry Wikra Wardhana
Susbtantive Justice International Journal of Law Vol 2 No 1 (2019): Substantive Justice International Journal of Law
Publisher : Substantive Justice, Publication Unit, Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (706.138 KB) | DOI: 10.33096/substantivejustice.v2i1.25

Abstract

Combination of presidential government systems and multi-party systems as a system of Indonesian state has led to a government that does not effective and stable. The formulation of the problem which is the focus of the study in this paper, namely how is the legal politics of simplification of political parties in Indonesia for the period 2004 ? 2014. The research method used in this study is normative. Based on the results of the study, the authors obtained answers to the existing problems, that the legal politics of simplifying political parties in Indonesia is democratic legal politics, but the legal politics of simplifying political parties in Indonesia should not only be directed at simplifying political parties in parliament, but also simplifying political parties in political parties participating in the general election.
The Giving Legal Aid For The Poor On A Criminal Case Kasim, Ramdhan
Susbtantive Justice International Journal of Law Vol 1 No 1 (2018): Substantive Justice International Journal of Law
Publisher : Substantive Justice, Publication Unit, Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (232.563 KB) | DOI: 10.33096/substantivejustice.v1i1.12

Abstract

The purpose of this study is to know and examine and analyze the nature of the provision of legal aid for the poor in criminal cases and to know and review and analyze the role of Legal Aid Organizations in Providing Legal Aid for the Poor in criminal cases. as well as to know and examine and analyze what factors influence the implementation of legal aid of the Poor in criminal cases.  
Implementation of Human Rights Protection Towards in Penitentiary of Children in Makassar Mursyid, Mursyid
Susbtantive Justice International Journal of Law Vol 2 No 1 (2019): Substantive Justice International Journal of Law
Publisher : Substantive Justice, Publication Unit, Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (674.315 KB) | DOI: 10.33096/substantivejustice.v2i1.29

Abstract

The urgency of child protection encourages a variety of efforts carried out by the government and society because it is considered not only to protect children as human beings but also as part of national development. Crimes or violations committed by the child then serve the sentence set by the juvenile justice process should still get full protection because it is considered the child still has a long future and the opportunity to build a nation after undergoing accountability errors that make it a human hope for the future come. The purpose of the study is to analyze the implementation of protection of human rights and the factors that influence the implementation of human rights protection for children in the Makassar Correctional Institution. As a result, the implementation of human rights against child prisoners is still less effective, because conceptually and in reality there has not yet been a clear difference between the implementation of human rights for adult prisoners. This study shows that there is no specific pattern that is applied in implementing human rights to children, where the practice of implementing child prisoner formation is still not in accordance with the basic idea, namely providing protection in order to achieve child welfare. The factors are legislation, facilities and infrastructure, organizational structure, human resources and administrative management, and not yet integrated handling of the implementation of human rights for child inmates by the entire criminal justice system.

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