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International Journal of Law Reconstruction
Published by Universitas Islam Sultan Agung
ISSN : -     EISSN : 25809245     DOI : 10.26532/ijlr
Core Subject : Education,
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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 .
Arjuna Subject : -
Articles 158 Documents
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The Concept of Restorative Justice in the Criminal Legal System: A Breakthrough in Legal Benefits Walim, Walim
International Journal of Law Reconstruction Vol 8, No 1 (2024): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v8i1.36726

Abstract

Historically, alternative efforts to resolve criminal cases have existed since the Dutch colonial era, even before Indonesia's independence. Currently, there are several forms of resolving criminal cases outside of court in force, namely diversion (transferring the resolution of children's cases from the criminal justice process to a process outside criminal justice in accordance with the Juvenile Criminal Justice System Law), Afkoop (as regulated in Article 82 of the Criminal Code), and Seponeren (dismissal of cases in the public interest by the Attorney General). The aim of this research is to analyze the concept of restorative justice in the criminal law system as a breakthrough in legal benefits. Approach The research method that can be used in this research is the empirical juridical approach. This approach combines a normative juridical approach with an empirical approach. Based on the analysis carried out, restorative justice can be applied in cases that cause financial loss or minor crimes. The principle of restorative justice in resolving criminal cases in Indonesia does not only depend on formal and material criminal law provisions but is also based on a broader concept of punishment. The model for implementing restorative justice in Indonesian criminal procedural law can be found through a criminal resolution mechanism that follows a legitimate legal problem resolution approach, which is reflected in the reform of the criminal justice system in Indonesia, which is based on an evaluation of the criminal justice system.
Is the Post-Reformation System of the Indonesian Government a Parliamentary Form? Sinaga, Parbuntian; Machmud, Aris
International Journal of Law Reconstruction Vol 8, No 1 (2024): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v8i1.35535

Abstract

Indonesia's democratic government system has experienced ups and downs based on history, where at the beginning of independence Indonesia used a presidential system, then changed to a parliamentary and then returned to a presidential system. The reformation period was a milestone in changing the government system where previously the president was elected by the MPR as the highest state institution to switch to direct presidential elections carried by a party or a coalition of parties - due to the existence of regulation on the threshold for nomination (parliamentary threshold) - but to maintain the implementation of the presidential campaign promise to establish a coalition of parties supporting the government which has an impact on the role of the People^s Representative Council only as a stamp of government interests. The problem in this study is how the presidential system exists in the post-reform Indonesian government system. The form of the research method used is normative juridical with a statutory approach and an analytical descriptive approach that examines primary and secondary legal materials, besides examining the synchronization and harmonization of law. The conclusion is that the current Indonesian government system tends to be parliamentary. This is due to the weak bargaining position of the DPR in supervising the running of government because the majority of DPR members are supporters of the government, while the opposition forces are unequal with the majority, which prioritizes the most voting system over consensus deliberation for the benefit of the people. so that checks and balances - separation of powers - turned into a division of powers - dividing power.
Enforcement of Intellectual Property Law in Indonesia Nainggolan, Bernard
International Journal of Law Reconstruction Vol 6, No 2 (2022): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v6i2.35991

Abstract

Intellectual Property Rights (IPR) play a crucial role in the creative economy, and the state must provide legal protection for intellectual property as a form of appreciation for creators/inventors for their efforts and hard work in producing new innovations, while minimizing intellectual property infringements. In practice, there are several challenges and difficulties in enforcing laws related to Intellectual Property Rights (IPR). This research aims to explore the role of IPR in supporting the development of the creative economy in Indonesia. The research method applied is the normative legal research method. This approach explores information from written regulations and legal literature related to IPR in Indonesia. The data used is secondary data obtained through literature studies. The conclusion of this research indicates that IPR protection plays a central role in supporting the ecosystem of the creative economy. However, challenges such as the lack of awareness among the public and creators about the importance of protecting intellectual property, as well as deficiencies in regulations supporting the protection of traditional knowledge, need to be addressed. Collaborative efforts between the government, creative industry stakeholders, and the public are necessary to ensure optimal enforcement of IPR and promote sustainable growth in Indonesia's creative economy.
The Legal Protection of Personal Data in Islamic Perspective Suwondo, Denny
International Journal of Law Reconstruction Vol 7, No 2 (2023): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v7i2.33648

Abstract

The protection of personal data is a public right that must be protected, even in Islam through the words of the Prophet Muhammad SAW, advocating peace by promoting attitudes of mutual respect, respect and love for fellow human beings. This attitude must be practiced among other religious communities, not only among Muslims. The research purposes to discuss specifically the regulation of personal data protection in Indonesia and personal data protection from an Islamic perspective. The type of research used in this research is normative juridical or library legal research or doctrinal legal research, namely legal research by examining library materials and secondary materials. In the view of the Islamic perspective regarding the protection of personal data is monitored as an endeavor to maintain the benefit of individuals and society in the use of information technology and can be considered as an implementation of the principle of benefit in Islam.
The Legality Questioning of the Investigation Termination Through the Investigation Warranty on Corruption Crime Silambi, Erni Dwita; Tajuddin, Mulyadi Alrianto; Rado, Rudini Hasyim; Y. Badilla, Nurul Widhanita
International Journal of Law Reconstruction Vol 8, No 1 (2024): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v8i1.35369

Abstract

The ongoing investigation sheds light on a criminal case. The purpose of this study is to analyze the legality of the termination of the investigation of corruption cases carried out by the KPK as a result of the enactment of Article 40 of Law No. 30 of 2002. This research focuses on the authority of the KPK in stopping the investigation process of corruption crimes through the Investigation Termination Order (SP3). With the type of normative juridical-based research, the research is centered on literature research taken from the study of the election, literature studies, and other scientific works then analyzed using qualitative research methods that are oriented to the conceptual certainty approach and the case approach. The main problems found include the legality of SP3 by the KPK in corruption crimes. The results of the study show the position of the KPK as a super body institution, in the enforcement of corruption crimes, it has several special authorities because it is regulated in a specialist manner in its own provisions, including the authority to investigate based on philosophical, sociological, and juridical aspects, where the essence of the KPK's authority is a rational effort in eradicating corruption and realizing law enforcement oriented towards justice and legal certainty. The recommendation given is that investigations and investigations by the KPK must be carried out professionally, efficiently, and effectively by paying attention to the conditions that must be met before the investigation is carried out, so that synergy and coordination between law enforcement officials are needed.
The Idea of Renewing Terrorism Criminal Law in Indonesia as an Effort to Overcome Terrorism Based on the Justice Values Zarzani, Tengku Riza; Fitrianto, Bambang; Annisa, Siti
International Journal of Law Reconstruction Vol 8, No 1 (2024): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v8i1.36731

Abstract

This study aims to reconstructs the Constitution Act on Criminal Terrorism in Indonesia, with the objective of strengthening the framework law to cope with terrorism while ensuring protection, mark justice, and basic human rights. The purpose of this research to analyze about Terrorism Crime, Constitution Act Criminal Terrorism that occurs in Indonesia at the moment This Not yet can fulfill a sense of justice and Reconstruction Constitution Act Criminal Terrorism as effort countermeasures terrorism in Indonesia based mark justice. With a juridical, normative, and qualitative data analysis approach and analyze legal norms and principles relevant to justice with regard to criminal terrorism. The main problem found covers the following definitions: criminal extensive terrorism, potential abuse authority in detention and wiretapping, as well as the need for enhancement efforts to prevent terrorism. Research results show the necessity of a revision of the law to clarify the definition of criminal terrorism, limit detention and wiretapping with tight supervision, and also focus more on prevention through education and deradicalization. Proposed recommendations include strengthening cooperation between the government, institutions, security, and civil society, as well as integrating deradicalization and education programs to prevent the spread of ideological terrorism.
Presumption of Innocence in Murder Trials: Legal Principles of Circumstantial Evidence in Indonesian Criminal Law Enggarsasi, Umi
International Journal of Law Reconstruction Vol 5, No 2 (2021): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v5i2.35992

Abstract

Murder is one of the most serious criminal offenses with the heaviest penalties in the Indonesian Criminal Code (Kitab Undang-Undang Hukum Pidana/KUHP). Valid evidence is regulated in Article 184 paragraph 1 of the KUHAP, which includes witness statements, expert opinions, documents, exhibits, and the defendant's statements. A judge can only impose a criminal sentence on the defendant with at least two valid pieces of evidence. This research adopts a normative juridical research method with a conceptual and case approach. The data collection method applied is literature research, where literature such as books, notes, and reports from previous studies serves as the primary source of data. In the case of the premeditated murder of Wayan Mirna Salihin, the strength of the circumstantial evidence used in the trial, such as Closed Circuit Television (CCTV) recordings, can be considered weak. This is because the recording does not clearly show or monitor that Jessica Kumala Wongso directly placed cyanide into the Vietnamese iced coffee consumed by the victim. Therefore, the judge should carefully weigh and implement the presumption of innocence principle for the defendant before deciding the case, especially after the discovery of the CCTV evidence.
The Unlocking Emphaty Through Restorative Justice: A Mediation to Healing Theft Arifulloh, Achmad
International Journal of Law Reconstruction Vol 7, No 2 (2023): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v7i2.33684

Abstract

Theft, a prevalent property crime in society, serves as the focal point of this research. The study aims to investigate and evaluate the efforts, challenges, and potential solutions in addressing common theft crimes by employing a restorative justice approach. The author employs a sociological-legal approach as the research methodology. The findings of this research indicate that the resolution of theft-related criminal offenses through a restorative justice framework is feasible when both the offender and victim willingly participate in the process with the objective of achieving reconciliation and preventing recurrence of criminal behavior (recidivism). To address this, it is suggested that the responsibility for mediating the process should be entrusted to the offender and the victim, with a focus on safeguarding the rights and well-being of both parties. In addition, community involvement is emphasized, along with stringent oversight to ensure the effective implementation of the resolution process.
The Development of Android Based on Legal Protection System for Women and Children Hazilina, Hazilina; Alkadri, Syarifah Putri Agustini
International Journal of Law Reconstruction Vol 8, No 1 (2024): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v8i1.36235

Abstract

The issue of protecting women and children is becoming a concern in many parts of the world, including Indonesia. Applications can help women and children face dangerous conditions, increase public awareness, and empower them in handling cases of sexual harassment, requiring alternative technology-based solutions. The research method is juridical-empirical using a positivism paradigm, with a population of Pontianak city. Data was collected through literature study, documentation, and questionnaires. The legal protection for women and children in Pontianak City in terms of overcoming violence was found to be good, The community believed that the government was not adequately addressing incidences of abuse against women and children. Supporting factors suggest that the public can be helped by reporting acts of violence online.
Revisiting Indonesian Legal Framework for Juvenile Justice: Ensuring Procedural Rights for Assault Offenders Alhakim, Abdurrakhman; Febriyani, Emiliya; Tan, Winsherly; Hutauruk, Rufinus Hotmaulana
International Journal of Law Reconstruction Vol 8, No 1 (2024): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v8i1.36261

Abstract

Assault crimes are violent by nature and are often perceived as a serious threat to public safety. However, the complexity of each crime needs to be analyzed thoroughly in a legal procedure to make sure that important values and principles are applied. This is particularly important among juvenile offenders, where the enforcement of justice needs to be upheld without sacrificing the future of youth. This research is done to analyze the challenges in ensuring procedural rights for juvenile assault offenders in Indonesia. Through the normative legal research method combined with a statutory approach, this research uncovers the legal challenges that juveniles face in accessing their procedural rights in Indonesia’s juvenile justice system and how these challenges can be improved. Analysis of this research finds that the Indonesian legal framework is still lacking in many ways, particularly in ensuring the right to ease of access to information regarding the case and the protection of privacy. The analysisThe analysis also shows that these issues cause conflicts with other laws, constitutional principles, and international standards. This research not only highlights the gaps in Indonesia’s juvenile justice system but also lays a theoretical foundation for developing a more holistic and rights-based approach to juvenile justice reform.

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