Substantive Justice Research Articles

Consumer Protection in Business Law: Conflict of Norms and its Implications under Article 18 of Law No. 8 of 1999 on Consumer Protection

Consumer protection is an important aspect of business law that often clashes with the principle of freedom of contract. This paper analyzes the conflict between Article 18 of the Consumer Protection Law (UUPK) and Article 1320 of the Civil Code (KUHPerdata) in the context of consumer protection in Indonesia. The norm conflict arises mainly in the use of standard clauses in standard contracts, which can harm consumers. John Rawls' theory of justice and Gustav Radbruch's theory of legal certainty are used to understand how the law can balance the interests of consumer protection and freedom of contract. In addition, technological developments and globalization also complicate the application of GCPL in electronic and cross-border transactions. The author suggests several legal strategies to address this conflict, including revision of laws, integration of technology, and harmonization of international law. In conclusion, effective consumer protection requires a balance between substantive justice and legal certainty and adaptation to technological change and market dynamics.

APPLICATION OF THE PROPORTIONALITY PRINCIPLE IN COMMERCIAL CONTRACTS TO ENSURE JUSTICE FOR THE PARTIES

<em>Contracts play a very significant function in business. It is envisaged that applying the proportionality principle will aid in the realization of the contract's objectives and functions. The principle of proportionality governs the exchange of rights and obligations between parties in accordance with their proportions or parts, and it applies throughout the contract process, including the pre-contractual stage, contract formulation, and contract execution. Commercial contracts emphasize characteristics of partnership and business continuity, with the parties exchanging their rights and obligations in a fair and reasonable manner. To build a fair and mutually advantageous contractual partnership, ensure that the parties' interests (rights and obligations) are exchanged in balance. The notion of proportionality is vital not only for creating contracts that are just and mutually advantageous (substantial justice), but also for emphasizing fairness (fairness in procedures). The integration of contract law concepts is an analytical technique for dissecting the presence of contracts formed by the parties in order to manage the parties' various interests in a proportional manner</em>

Enforcement of the Code of Ethics for 2024 Election Organizers in Indonesia: A Substantive Justice Perspective

This study employs a normative legal research approach focusing on conceptual and legislative analysis. Its aim is to examine the dynamics of the enforcement of the electoral organizers’ code of ethics by the Indonesian Election Supervisory Agency (DKPP) and to formulate a reconstruction of this enforcement aimed at achieving substantive justice. The findings assert that the enforcement dynamics of the electoral organizers’ code of ethics by DKPP inherently pose two main issues. Internally, the enforcement requires oversight and public participation to ensure DKPP’s credibility and integrity in upholding the code of ethics. Externally, issues arise regarding the final and binding nature of DKPP decisions, which have been undermined by Constitutional Court rulings, allowing for their annulment by judicial bodies such as the Administrative Court (PTUN). Reconstruction or reform efforts concerning the enforcement of the electoral code of ethics for electoral administrators, based on substantive justice, necessitate a clear affirmation of the independence of ethical norms, particularly those related to the conduct of electoral administrators. This includes ensuring that the enforcement of these ethical norms is immune from legal norms and external intervention. Additionally, there is a need for a revision of the electoral laws in Indonesia to enhance the appeal process for ethical judgments rendered by the Election Supervisory Board (DKPP), which are final and binding and cannot be overturned by the courts, especially the Administrative Court (PTUN).

Local Wisdom-based Restorative Justice Approach to Customary Violations Committed by Children

Child protection is an effort to create conditions so that children can carry out their rights and obligations while still prioritizing their best interests. There are three things discussed in this study namely: punishment policy in the use of diversion and restorative justice, values and forms of restorative justice, and the role of custom in cases of children in conflict with the law. This study is an empirical legal study that examines the settlement of criminal cases committed by children with a restorative justice approach. The data used are primary data and secondary data. Analysis of the problems is carried out qualitatively. The policy of handling children's cases with the concept of restorative justice, which promotes peace through deliberations involving various parties, religious and traditional leaders, and the community is very much in line with the concepts of progressive law and substantive justice. To realize the settlement of cases based on restorative justice, relevant stakeholders are expected to be able to apply the values of restorative justice in practice to be able to produce peace agreements that reflect the sense of community justice. Efforts to resolve cases or customary issues carried out by deliberation by traditional elders as village peace judges, are part of the application of local Balinese wisdom and are the best step to restore the situation as before by sticking to the spirit of kinship, mutual care, compassion, and care. Keywords: Children, customary village, diversion, local Balinese wisdom, restorative justice

The Implementation of Law Enforcement as an Important Note in Environmental Legal Issues

The implementation of law enforcement is an important note in environmental legal issues, because from here the community or people who are harmed can make efforts to achieve the main goals of law enforcement, namely justice, benefit and certainty. Law enforcement often experiences deadlock. A big hope from environmental victims is to get justice and benefits in implementing the law. However, in the process, obstacles are often found in the implementation of the law and the complexity of problems in the environment creates a dark point that solving the environment is not easy, and often makes law enforcement agents find dead ends in solving them, whether through administrative, civil or criminal processes. So a new treatment is needed in environmental enforcement that is based on substantial justice by not only relying on rule-based law or a mere statutory approach, but also a legal approach and a conceptual approach. From this research it is concluded that environmental enforcement using a legal approach can achieve perfect justice or what is usually referred to as substantive justice (justice that comes from the conscience of law enforcers).

Towards Achieving Substantive Justice: The Importance of Extending the Time Limit for Resolving Presidential Election Disputes

Presidential election dispute resolution (PHPU) is complicated because its scope covers the entire territory of Indonesia and its application to Indonesian citizens in various parts of the world. The PHPU dispute resolution process must also guarantee maximum protection of constitutional rights. This research uses normative research methods using secondary data sources. This aims to assess the urgency of extending the deadline for resolving presidential election disputes, which is currently 14 working days from the date of submission. Research sculpture approach and conceptual approach. These findings illustrate the need for changes to legislation to extend the time limit for resolving PHPU disputes beyond the existing 14-day limit. In practice, this time period does not provide maximum opportunity for the presentation of evidence. Historical analysis shows that from the 2004 presidential election to 2024, not a single PHPU demand has been granted, mainly because the demand cannot be proven. The author emphasizes that a time limit that is too early does not guarantee substantive justice, which includes not only fair and accurate decision-making, so rational considerations are needed that produce rational and logical decisions and a process that allows each party to present their arguments comprehensively and obtain fair treatment in the judicial process.

People-centred policies for a just transition (digital, green and skills)

ABSTRACT The paper contributes to the current debate on just transitions which is exploring what factors and conditions can lead to a twin transition that can also achieve an equitable redistribution of the outputs. The paper draws on the theories of justice, by bringing together three dimensions of justice: distributive, procedural and substantive justice. We apply this framework to explain the socio-economic impact of technology-pushed structural change on the future of work. We define just transition as a triple transition that requires digital and green shifts and crucially, a competence and skill transition that transversally cuts across industries, jobs and professions. The paper analyses the case of a specific region, Emilia Romagna in Italy, which has implemented, particularly since 2010, an original holistic approach to industrial development policy, comprising social and education policies. We conclude that within a national education framework tasked with pivoting the mix of necessary basic knowledge, regions have an important role to play by designing and implementing place-based education and training initiatives that are specific to the regional socio-economic characteristics.

Determination of a Witness to Be a Defendant in a Criminal Corruption Case

The background for carrying out this research is that there is a rationale for legal claims in order to determine a legal subject of a Witness to be the legal subject of a Defendant directly by the Panel of Judges in an ongoing criminal justice process for criminal acts of corruption, in order to carry out justice or law enforcement more effectively and efficiently, so that substantive justice can be achieved in law enforcement. The methods that have been used in this research are legal actions that allow a Witness legal subject to become a legal subject for the Defendant directly by the Panel of Judges in an ongoing judicial process, normative juridical approach legal research or research that examines legal rules according to library research, and the research specifications are analytical descriptive, and in this research secondary data was obtained. The data collection technique was carried out through literature study, and the data analysis used was qualitative and explained descriptively. This research concludes that in the existing criminal justice system, the legal subject of the Witness can actually be the legal subject of the Defendant in an ongoing trial; it's just that such "determination" is not made explicitly. To determine a witness as a defendant, there are two parties who can take the initiative to determine the witness directly as a defendant in a trial process at a corruption criminal court. Namely the Public Prosecutor, especially the KPK Public Prosecutor. Carried out at the request of the Public Prosecutor to the Panel of Judges.

Theory and Practice of Procedural Defense With Illegal Evidence Exclusion Rule as Core

Procedural defense is a form of defense proposed by defense counsel based on criminal procedural law, aiming to safeguard litigation rights and supervise the legality of procedures. It is an important component of criminal defense. The illegal evidence exclusion rule is the core content of procedural defense and an important means to achieve judicial justice in criminal cases. This paper, taking the illegal evidence exclusion rule as its core, explores procedural defense from both theoretical and practical perspectives. Firstly, it defines the concept of procedural defense and reviews the development of the illegal evidence exclusion rule, elucidating its current status. Secondly, it categorizes four types of procedural defense: request-based, demand-based, defensive, and remedial, elaborating on their characteristics, application conditions, operational methods, and practical effects. Through a case analysis of the Zhang Guoxi Bribery Case, it demonstrates the specific application of procedural defense in practice. Thirdly, it discusses the value significance of procedural defense, pointing out that procedural defense not only embodies the value of procedural justice but also contributes to achieving the goal of substantive justice. It is of significant theoretical and practical value for safeguarding the litigation rights of defendants, supervising the procedural legality of prosecuting authorities, and promoting the efficiency and fairness of criminal proceedings. Finally, it analyzes the challenges and dilemmas faced by procedural defense in Chinas criminal procedural practice, mainly manifested in the lack of clear and perfect legal basis, the unfair and undemocratic practice environment, and the insufficiently significant and stable practical effects of procedural defense. Some improvement strategies and suggestions are proposed in order to provide reference for the healthy development and wide application of procedural defense.

The Rule of Law: A Slogan in Search of a Concept

Regularly invoked but rarely defined, ‘the rule of law’ has over the last few decades been converted from a legal term of art into one of the most ambiguous slogans of contemporary public policy. Political scientists claim it as a crucial test of a regime’s legitimacy. Economists maintain that it provides an essential foundation of a flourishing market economy. Philosophers suggest it captures the essence of the state as a moral association. Historians acknowledge that, even if they might distrust such an abstract notion, the imposition of effective inhibitions on power is an ‘unqualified human good’. And lawyers, of course, have treated it as the foundation of their discipline ever since the mid-thirteenth century when Bracton asserted that ‘there is no rex where will rules rather than lex’. Those who extend its usage beyond the confines of professional legal discourse commonly give it a positive valence. But the rule of law also has its detractors. These critics assert that it promotes purely formal, individualistic values at the expense of substantive justice, or that it is a smokescreen preventing us from seeing the impact of recent global developments that signal the rule of lawyers. Some anthropologists even denounce it as an imperial ideology that legitimates European conquest and the plunder of the rest of the world. But given the fact that almost every state in the world now claims to act in compliance with the rule of law, these critics seem to have done little to dent its appeal. Yet, the sheer range of views and perspectives that now exist about the meaning, purpose, and value of the rule of law considerably complicates any inquiry into its current standing. In this paper, I will try to bring some clarity to the issue by providing a sketch of the main varieties of ways in which the term is being invoked. The paper comprises five sections, which each address a specific aspect of the term’s usage: (1) its coinage in English law, (2) the adoption of a superficially similar terminology in the German concept of the Rechtsstaat, (3) the jurisprudential innovations that complicate its meaning, and finally its most recent invocation (4) first in development work and (5) secondly in constitutional rejuvenation.

The jurisprudence of the supreme court in electoral matters and the reality of the sui generis doctrine

The jurisprudence of a court refers to the collective body of legal principles, doctrines, and decisions that guide the court's decisions and interpretations of the law. It encompasses the court's philosophical approach to legal issues, its methods of legal analysis, and its precedents and decisions. The jurisprudence of a court evolves over time, reflecting changes in societal values, legal scholarship, and the court's composition. It is essential to understanding the court's decisions and predicting future outcomes. The jurisprudence of the Supreme Court in electoral matters revolves around the antecedents and trends of the Supreme Court in deciding cases based on sui generis. This paper aims to critically appraise the application of the doctrine of sui generis as it applies to the adjudication of cases concerning election matters in Nigeria. It beams the searchlight on the Supreme Court and the effect of many decisions held based on the sui generis principle as it concerns electoral adjudication. The methodology of approach and appraisal is doctrinal and analytical. The findings are that the Supreme Court of Nigeria and the election tribunals have greatly enriched electoral jurisprudence. However, the holding of some cases based on the doctrine has been criticised for the negative effect it has on the doctrine of stare decisis and ‘substantial justice’. The paper makes recommendations that will assist the Supreme Court of Nigeria enhance its electoral jurisprudence, addressing criticisms, and strengthening the integrity of the judiciary in its adjudicatory role in the electoral process.

Moral Values and Progressive Judgess Position in Law Enforcement in the Indonesian Judicial System

Morals and the legal system in Indonesia correlate with forming laws in Legislative Regulations (legislators) and should make Pancasila values fundamental values or the source of all sources of law, bringing consequences for the makers of Legislative Regulations to become guides and guidelines in conducting legislative function. Ironically, the legislators show paradigmatic problems and a crisis of ethical awareness in the formation and enforcement of laws in Indonesia. This article examines the position of moral and progressive judges in the administration of justice in Indonesia. So what emerges is legal development and law enforcement that is stagnant, centralized, corruptive, very far from divine and humanist values, and far from achieving social justice, so that it will give birth to decisions that are effective and based on law in society and have social justice because law for humans, not humans for law and realizing substantive justice. In the practice of the judicial system, many judges decide cases progressively. It can be seen in the addition of Angelina Sondakh's sentence by Judge Artidjo Alkostar at the cassation level.

Legal Certainty Principle in Judicial Activism Decision of the Constitutional Court of the Republic of Indonesia Case Number 143/PUU-XXI/2023

Judicial activism in the petition for Law Number 143/PUU-XXI/2023 concerning the term of office of regional heads / deputy regional heads can present the principles of legal certainty and substantive justice. The Petitioners in the case felt that they suffered constitutional losses due to a legal vacuum where the legislators failed to regulate the calculation of the term of office of regional heads elected in 2018 but inaugurated in 2019. As a result, the applicants experienced a cut in the term of office and could not run the full term of office for 5 (five) years. The type of research is normative, with a statutory approach, conceptual approach and comparative approach. The results showed that judicial activism carried out by the Constitutional Court could find substantive differences between Petition Number 143/PUU-XXI/2023 and Petition Number 62/PUU-XXI/2023, and the court could find a legal vacuum and restore the constitutional losses of the petitioners.

The Legal Politics of Restorative Justice in Indonesia

<em>Restorative Justice needs to be implemented immediately in Indonesia. Law Number 1 of 2023, which is expected to be an oasis, does not regulate this matter optimally. This article will discuss the ideal form of regulation for implementing restorative Justice in Indonesia. Implementing restorative Justice will include more than procedural or formal law. More than that, restorative Justice must cover all aspects of criminal law enforcement. It starts from material criminal law, procedural law, litigation dispute resolution, and non-litigation case resolution. This article will use normative juridical research methods and conceptual and statutory approaches. One of the important findings in this article is the absolute need for a paradigm shift in the enforcement and regulation of criminal law. From the initial nuance of retribution to a more nuanced recovery approach (restorative). Then therapeutic justice regulation must also be included in material criminal law regulation. So, it can be used as a guide for law enforcement officials in finding substantive Justice.</em>

Implementasi Hukum Progresif oleh Polri dengan Pendekatan Restorative Justice untuk Mewujudkan Keadilan

Injustice arises as a result of previous judicial regulations. The Indonesia National Police's efforts to reduce this problem are guided by progressive law with a restorative justice approach to achieve justice. Restorative justice is a method of handling criminal behavior carried out jointly by perpetrators, victims, perpetrators' families, community leaders, religious leaders, traditional leaders, or other stakeholders, which focuses on restoring the original situation and achieving a just resolution through peace. It is hoped that the National Police can achieve substantive justice through proportional, professional and intellectual law enforcement that combines scientific and progressive investigative models. This research aims to analyze the Indonesian legal paradigm in terms of the concept of progressive law, the implementation of progressive law by the National Police through restorative justice and the crime resolution mechanism through restorative justice. Deductive writing is used to obtain a thorough and in-depth understanding of the problems discussed, with the type of research being normative juridical which is analytical descriptive.

Penerapan Restorative Justice oleh Pengadilan Negeri Medan untuk Mewujudkan Kepastian Hukum dalam Penyelesaian Tindak Pidana

This research aims to evaluate the effectiveness of the implementation of restorative justice by the District Court of Medan in achieving legal certainty for all parties involved in the legal process. The research method used is normative juridical legal research, focusing on written regulations and other legal materials. Data collection is conducted through literature review to explore concepts, theories, or opinions regarding Legal Certainty in the Implementation of Restorative Justice. The analysis is qualitative, explaining the relationship between types of data, selection, and data processing to be systematically outlined. The conclusion of the analysis will include answers to the issues raised and evidence of the truth or falsity of the hypotheses proposed. The results of the research indicate that the Indonesian Criminal Justice System has undergone renewal with the introduction of the concept of restorative justice. This involves perpetrators, victims, and other stakeholders in seeking fair solutions and peace after criminal events. The Public Prosecutor's Office plays a crucial role in prosecution, and the principle of "enn en ondeelbaar" asserts its functional unity. Restorative Justice has been regulated in laws and regulations, providing opportunities for victims and perpetrators to participate in peaceful case resolution. Restorative Justice offers an alternative to criminal case resolution outside the courtroom, focusing on restoration and reconciliation. In the District Attorney's Office of Medan, the process requires detailed administration. The regulation of victim protection in criminal law is stipulated in Indonesian positive law. Restorative Justice is applied in the general court environment with the aim of creating legal certainty and justice for all parties involved. Legal certainty in the application of Restorative Justice allows for various alternative handling of criminal offenses outside the courtroom, such as out-of-court settlements. This can reduce case backlog and high costs, as well as shorten the resolution process compared to litigation. Restorative Justice also prioritizes substantive justice with a focus on the interests of victims and restoring conditions to pre-criminal levels.

Problematics of Judicial Connection in Handling Corruption Cases (Decision Number: 74/Pid.Sus-TPK/2022/PN.Jkt.Pst)

A connectivity court is a court that functions to try criminal offenses committed jointly by civilians and members of the military (TNI), both general and special crimes, such as corruption. Provisions regarding koneksitas courts are regulated in detail in the Criminal Procedure Code, specifically in CHAPTER XI Article 89 to Article 94, as well as Article 198 to Article 203 in Law Number 31 of 1997 concerning Military Courts. However, in practice, when there is a criminal offense involving members of the TNI and civilians, the case should be resolved through a koneksitas mechanism. In reality, perpetrators are often tried in different courts, with TNI members being tried in military courts and civilian perpetrators in general courts. This creates disparity and ignores the principle of equality before the law, which in turn creates injustice. Law enforcers focus more on procedural justice than on achieving substantial justice.

Reform of the Criminal Law System in Indonesia Which Prioritizes Substantive Justice

Reform of the Criminal Law System in Indonesia Which Prioritizes Substantive Justice

Review of Obstruction of Justice Perpetrators in Premeditated Murder Cases

Criminal responsibility is a reprehensible act by society that must be accounted to its maker for the actions committed. The problem in this study is how criminal accountability for perpetrators of obstruction of justice in premeditated murder cases and whether the sentences given to perpetrators have fulfilled the sense of substantive justice for the community (Review of Verdict Number: 806 / Pid, Sus / 2022 / PN Jkt Sel). The research method uses a normative juridical approach, the data used are secondary. The study conducted is a literature study. The resource person in this study is a Criminal Lecturer at the Faculty of Law, University of Lampung. This study aims to see in depth how criminal responsibility for perpetrators of criminal acts of persecution and whether the verdict given has fulfilled the sense of justice for the community, therefore the approach taken in this study is normative. Based on the results of research and discussion, it can be concluded that after listening to witness statements and legal facts at the trial and based on the judge's consideration, the defendant was sentenced to imprisonment for 10 (ten) months and a fine of Rp. 10,000,000 (ten million rupiah), because the elements have been legally and convincingly proven. In addition, Judgment No.: 806/Pid. Sus/2022/PN Jkt Sel has fulfilled the substantive sense of justice as the panel of judges has carefully considered and decided to issue this ruling.

Pancasila Legal System: Balancing The Fulfillment Of National Moral Values And Law Enforcement In Indonesia

This normative research delves into the Pancasila legal system in Indonesia, evaluating its impact on the nation's moral values and the enforcement of law. Pancasila, embodying the core principles of Indonesian society, encompasses values such as divinity, humanity, unity, democracy, and justice. Despite its significance, the study argues that the Pancasila legal system has yet to manifest substantially in the fabric of national life. The research, employing literature review methodology, positions Pancasila as a philosophy guiding law enforcement, urging a reevaluation of legal systems rooted in the wisdom of societal values. The imperative lies in bridging the gap between legal certainty and substantive justice, fostering a legal framework that resonates with the cultural richness of Indonesian society. This research advocates for a critical examination of the legal system, rooted in indigenous wisdom, to better align it with the aspirations of the nation and its people.
 Highlights:
 
 Cultural Foundations: The research critically examines the Pancasila legal system, emphasizing its role as a crystallization of Indonesia's cultural values, including divinity, humanity, unity, democracy, and justice.
 Guiding Philosophy: Pancasila is positioned as a guiding philosophy for law enforcement, highlighting its potential to shape the ethical foundation and moral compass of legal practitioners in Indonesia.
 Call for Reevaluation: The study advocates for a reevaluation of the legal system, urging a return to indigenous wisdom and cultural values to bridge the gap between legal certainty and substantive justice in Indonesian society.
 
 Keywords: Pancasila, Legal System, Moral Values, Law Enforcement, Indonesia