International Journal of Law Reconstruction
FOCUS The focus of International Journal of Law Reconstruction (IJLR) is to provide scientific Law article based on themes that developed in attendance through the article publications, research reports, and book reviews. SCOPE International Journal of Law Reconstruction (IJLR) specializing in the study of Law Studies, and intended to communicate about original research and current issues on the subject. International Journal of Law Reconstruction (IJLR) is open to contributions .
Articles
157 Documents
<![CDATA[The Enigma Performing Rights in Music Disputes in Indonesia: A Way of Justice from the Paradigm of Fairness Principle ]]>
<![CDATA[Arini, Ida Ayu Vinda]]>;
<![CDATA[Kurniawan, I Gede Agus]]>
<![CDATA[ International Journal of Law Reconstruction Vol 7, No 2 (2023): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v7i2.30879
<![CDATA[This study aims to answer two legal issues, namely, the enigma and nature of the concept of performing rights in music disputes in Indonesia and the orientation of the principle of fairness in realizing justice related to music disputes in Indonesia related to performing rights. This research is a normative legal research with a concept and statutory approach. The research results confirm that performing rights in music disputes in Indonesia must be seen in the important role of LMKNs as regulators, administrators, as well as mediators. Therefore, increasing the professionalism and capacity of LMKNs is needed so that the distribution of royalties can reflect aspects of justice for those involved in the world of music. The fairness principle in realizing justice related to music disputes in Indonesia related to performing rights is when the original position and vail of ignorance of the parties are strengthened through the role of LMKN in the mediation process, namely that disputes related to performing rights can be carried out effectively, efficiently and refers to the substantive aspects which are proportionally able to accommodate the rights of the parties.]]>
<![CDATA[Juridical Analysis of Indonesian Parliamentary Ethical Committee: Analyzing Supervision Function within Indonesian Parliament ]]>
<![CDATA[Widodo, Wahyu]]>;
<![CDATA[Galang Windi Pratama, Toebagus]]>;
<![CDATA[Orwela, Citra]]>
<![CDATA[ International Journal of Law Reconstruction Vol 8, No 1 (2024): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v8i1.37336
<![CDATA[This research was made under the basis that the role of the People's Representative Council (Dewan Perwakilan Rakyat/DPR) the Republic of Indonesia supervision that fell to the Parliamentary Ethical Committee (Mahkamah Kehormatan Dewan/MKD) has not yet been fair and how to ensure that the Ethical Implementation in Indonesian Parliament can be done properly in a constructivism paradigm where the type of research method used is normative juridical and the specifications of this research have a descriptive-analytical nature with the approach used by the author being a statutory approach. The research results found that the supervision by the DPR of the Republic of Indonesia Honorary Court has not yet been fair was because most of Ethical Committee Member were fellow DPR Member causing the political interests of the respective political parties does not want their members to be sanctioned, even at the cost of not upholding the DPR ethics. Therefore, to improve the system for handling cases and supervision, the DPR Honorary Body, researchers found several solutions that can be implemented based on comparisons with Ethics Committees in the Parliaments of other countries. First, strengthening the independence of the Ethical Committee through external, non-partisan selection processes would mitigate political influence. Clearer ethical codes with enforceable penalties are crucial, ensuring accountability for violations. Legal protections to shield Ethical Committee decisions from political pressures are also proposed. Expanding Ethical Committee authority and sanctions, alongside mandatory public reporting, would enhance transparency and compliance. These reforms aim to address current challenges and elevate ethical standards within the Indonesian Parliament effectively. ]]>
<![CDATA[The Revitalization of Extraordinary Legal Remedies Cassation for Legal Interests in the Criminal Justice System in Indonesia ]]>
<![CDATA[Jupriyadi, Jupriyadi]]>
<![CDATA[ International Journal of Law Reconstruction Vol 8, No 1 (2024): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v8i1.36764
<![CDATA[The decision of judges are not free from errors or mistakes, and often even shows partiality (not neutral) towards certain parties. Extraordinary legal action: cassation for legal purposes can be filed against all decisions that have obtained permanent legal force from other courts, apart from the Supreme Court. Great. The purpose of this research is to determine the factors that cause the Attorney General to rarely use the extraordinary legal remedy of cassation for legal purposes. To revitalize the extraordinary legal effort of cassation for legal purposes so that it can run effectively in the criminal justice system in Indonesia. The findings from this research are that revitalization can be carried out by providing adequate explanations, especially the phrases "legal interests" and "must not harm interested parties" or even eliminating the provisions of Article 359 paragraph (2) of the Criminal Procedure Code, so that it does not give rise to different interpretations and judges can give fair decisions, without being shackled by the phrase "must not harm interested parties".]]>
<![CDATA[The Legal Protection for the Recognition of Customary Right in Agrarian Regulations ]]>
<![CDATA[Indriasari, Evy]]>;
<![CDATA[Widyastuti, Tiyas Vika]]>
<![CDATA[ International Journal of Law Reconstruction Vol 8, No 1 (2024): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v8i1.33826
<![CDATA[The purpose of this research, to find out the extent to which customary law community land rights are recognized in Indonesian legislation. This article is legal research type of library research by using a statutory regulatory approach (Statute Approach). For customary law communities, Land is part of their lives that is controlled and managed jointly with the responsibility given by nature to maintain and protect it. In reality, a lot of customary land has been taken by the government and used as agricultural land, Even though customary law communities have legal standing regulated in the 1945 Constitution, Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, MPR Decree No. IX/2001, Law Number 39 of 1999 concerning human rights. However, in reality, the government still takes customary land which is then given to investors to manage. This of course infringes the rights of customary law communities. This problem is exacerbated because in article 5 paragraph (1) of Law number 41 of 1999 concerning Forestry states that customary forests are part of state forests.]]>
<![CDATA[Implementation of Land Dispute Resolution with Justice ]]>
<![CDATA[Hulu, Fonaha]]>;
<![CDATA[Ambarita, Lenny Mutiara]]>;
<![CDATA[Damanik, Pandapotan]]>;
<![CDATA[Gulo, Yurulina]]>
<![CDATA[ International Journal of Law Reconstruction Vol 7, No 2 (2023): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v7i2.32627
<![CDATA[The purpose, as with various other arrangements, is to ensure legal certainty, provide legal protection for the people in the context of supporting sustainable development without ignoring the principle of environmental sustainability. The purpose of this research is to analyze the application of equitable land dispute resolution because so far the regulation of land dispute resolution has not been equitable, giving rise to various disputes in the process of resolving land cases. The research method used in this research is the normative juridical method. In addition, it is necessary to establish a special court that handles land issues, namely the Agrarian Court, a special court for land dispute resolution under the Supreme Court of the Republic of Indonesia. Novelty in this research with the establishment of institutions and laws and regulations that specifically deal with the issue of fair land dispute resolution is expected that the Agrarian Court can fulfill a sense of justice for the parties in the settlement of land disputes that have occurred so far in the community.]]>
<![CDATA[Maritime Legal Politics in Preventing Marine Pollution Due to Ship Traffic ]]>
<![CDATA[Ndori, Akhmad]]>
<![CDATA[ International Journal of Law Reconstruction Vol 8, No 2 (2024): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v8i2.39911
<![CDATA[The high volume of global ship traffic, including in Indonesia, poses significant risks to the marine environment due to pollution from oil spills, liquid waste, and plastic waste. This study aims to analyze Indonesia's maritime legal policies in preventing marine pollution, with a focus on the challenges in enforcing international conventions. This study uses a doctrinal approach method. Indonesia's maritime legal policy in preventing marine pollution due to ship traffic has developed, driven by international regulations such as the MARPOL Convention and UNCLOS. National law about Environmental Protection and Management, play an important role in regulating and enforcing pollution prevention policies. However, the implementation of the law still faces various challenges, such as weak law enforcement, less than optimal coordination between institutions, and limited technology and supporting facilities. Efforts to strengthen law enforcement and the application of international standards are needed to protect the marine environment from pollution due to ship activities.]]>
<![CDATA[The Guarantee Measures of Educational Rights on the Traditional Communities of Southwest Papua ]]>
<![CDATA[Markus, Dwi P]]>;
<![CDATA[Mahmudah, Masrifatun]]>;
<![CDATA[Arya, Surandi Wong]]>;
<![CDATA[Yati, Sri]]>
<![CDATA[ International Journal of Law Reconstruction Vol 8, No 1 (2024): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v8i1.34593
<![CDATA[This research aims to know the guarantee measures of educational rights, and analyse its from custom law. This research is empirical study that uses field data as primary data sources. Data collection techniques were carried out from interviews, observation and documentation. The result show that absorption of at least 30% of the budget income and expenditure areas that must be absorbed by education No appropriate target, the spelled out small if compare with budget income and to much expenditure area and must capable to accommodate cost of school for 203 Papuan children. This all based on government programs as well not yet appropriate and take the good target. It should check again on many factors and reason that show many separated Papuan school and different area, distance and difficult geological area which impact to the student and decide not to continue their education including economic factor.]]>
<![CDATA[The Exception Rights Utilization Strategy to Enhance Defendant's Freedom Protection in Criminal Justice Proceedings ]]>
<![CDATA[Sulistyowati, Sulistyowati]]>;
<![CDATA[Maharani, Dewi Nadya]]>
<![CDATA[ International Journal of Law Reconstruction Vol 8, No 1 (2024): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v8i1.35997
<![CDATA[The criminal justice must be carried out based on the Code of Criminal Procedure. According to Article 156, paragraph (1), the exception is the right of the defendant to answer the indictment given by the Public Prosecutor. The memorandum of objection must be made well when observing the indictment. If there are weaknesses in the indictment, they must be disclosed in the exception appropriately so that the results are optimal in restoring the defendant's human rights that had been deprived, in the form of freedom if the defendant is detained. The case does not proceed as in the Interim Decision number 1473/Pid.Sus/2017/PN Jkt.Sel. When it wants to continue as a case, the prosecutor must make a new indictment. The goal is to optimize so that the rights of the accused remain protected. That then there are efforts of the public prosecutor is a natural thing. The research method in this study is juridical normative. Data collection by making court decisions is also done through literature research.]]>
<![CDATA[Legal Horizons in Global Commerce: Sovereign Dynamics, State-Owned Enterprises, and Dispute Resolution Approaches in International Law ]]>
<![CDATA[Widiarty, Wiwik Sri]]>;
<![CDATA[Kamal, Abu Hena Mostofa]]>
<![CDATA[ International Journal of Law Reconstruction Vol 6, No 2 (2022): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v6i2.35512
<![CDATA[This research explores the legal standing of a country as a distinct entity in international trade law, endowed with sovereign authority to regulate the inflow and outflow of goods and services across its borders. Emphasizing the multifaceted role of a country as a regulatory entity within the realm of international trade, this study specifically delves into its position as a buyer. The investigation centers on elucidating the dispute resolution mechanisms available to a country acting in the capacity of a buyer. As an autonomous legal subject in the sphere of international trade, a country possesses the inherent right to oversee and control the movement of goods and services, a prerogative that extends to its role as a buyer in commercial transactions. Notably, the research unveils that a country can function as a buyer through state-owned enterprises (SOEs), which bear the responsibility of reporting their trade activities to the Council for Trade in Goods. This process is instrumental in upholding the principles of non-discrimination and ensuring transparency in trade practices. Consequently, the trade relations between SOEs and individual traders can be characterized as contractual agreements, affording the application of principles such as freedom of contract. This includes the autonomy to select applicable laws and opt for specific forums for dispute resolution, underscoring the nuanced legal dynamics inherent in the interactions between countries and individual traders in the international trade landscape.]]>
<![CDATA[Criminal Responsibility of Child Intermediaries in Narcotics Trade Under Law No. 11/2012 on Juvenile Justice ]]>
<![CDATA[Heliany, Ina]]>;
<![CDATA[Windiyastuti, Feny]]>;
<![CDATA[Said, Yusuf Muhamad]]>
<![CDATA[ International Journal of Law Reconstruction Vol 8, No 2 (2024): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v8i2.39932
<![CDATA[The study aims to analyze the criminal responsibility of children who act as intermediaries in the sale and purchase of narcotics under Law No. 11 of 2012 concerning the child criminal justice system. Children involved in narcotics crimes are often exploited due to their vulnerability in understanding legal consequences. This research employs a normative juridical approach by examining legislation and relevant cases. The results indicate that while children can be subject to criminal sanctions, the child criminal justice system emphasizes rehabilitation and guidance efforts over imprisonment. The child criminal justice system provides special protection for children, prioritizing restorative justice, which seeks to restore the situation without focusing on punishment. However, challenges arise in implementing this system, particularly regarding the role of law enforcement officials and consistent application across Indonesia. This study recommends enhancing the understanding and capacity of law enforcers and strengthening the rehabilitation system for children involved in drug-related crimes.]]>
