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JURNAL ILMIAH LIVING LAW
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INDONESIA
JURNAL ILMIAH LIVING LAW
Published by Universitas Djuanda Bogor
ISSN : 20858078     EISSN : 25501208     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Ilmiah Living Law (e-ISSN number 2550 1208) is an Open Journal System that managed by postgraduate school of Djuanda University, majoring of Law Studies. This journal is published twice a year. The Scopes are about: Bussiness Law, Property Law, Land Law, Tax Law, Islamic Economic Law, and etc.
Arjuna Subject : -
Articles 215 Documents
 18   19   20   21   22 
Legal View on the Definition of Advocates as Law Enforcement Officers from a Positive Law Perspective Muhammad Taufiq
JURNAL ILMIAH LIVING LAW Vol. 18 No. 1 (2026): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v18i1.21141

Abstract

This study examines the legal perspective on the profession of advocates as law enforcers in Indonesia, focusing on the inconsistency of referring to advocates as law enforcement officers, similar to judges, prosecutors, and police. Based on Law Number 18 of 2003 concerning Advocates, Article 5 paragraph (1), advocates have the status of law enforcers who are free, independent, and guaranteed by law, but do not have the same characteristics and authority as law enforcement officers. Advocates play a crucial role in providing legal services, including consultation, assistance, and defense, for the interests of clients, without the bureaucratic hierarchy and authority that often accompany detention, prosecution, or legal decision-making. This study uses a normative juridical method by analyzing laws and regulations, expert opinions, and legal literature. The results of the study indicate that advocates play a crucial role in maintaining justice and protecting human rights within the justice system, encompassing both criminal and civil matters, with the principles of independence and immunity that are recognized nationally and internationally. However, referring to advocates as law enforcement officers is inappropriate due to differences in duties, functions, and independence. This study recommends reaffirmation in regulations to clarify the status of advocates as independent law enforcers, as well as increasing public understanding to strengthen the integrity of the advocate profession in supporting a fair justice system in Indonesia.
Dignity Through Mobility : Human Rights and the Implementation of Inclusive Tourism in Bandung Kanigara Hawari; Taufik, Giri; Widyastuti
JURNAL ILMIAH LIVING LAW Vol. 18 No. 1 (2026): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v18i1.21714

Abstract

Freedom of tourism, the ability to travel, enjoy leisure, and access destinations, is a fundamental right that should be enjoyed by all individuals, including persons with disabilities. This study evaluates the inclusivity of tourism policies in Bandung City from a human rights perspective, using a socio-legal approach. Normatively, we analyze international and domestic legal frameworks (the UN Convention on the Rights of Persons with Disabilities, Indonesia’s laws on tourism and disability, and Bandung’s regional policies) to assess commitments to inclusive tourism. In addition to the normative approach, this study also uses on-site observations at three representative tourist destinations in Bandung, namely the heritage district of Jalan Braga, the civic and museum area around Gedung Sate, and the cultural attraction Saung Angklung Udjo. The observations examine the availability and quality of sitest that implement universal design principles, with particular attention to accessibility for persons with disabilities. Results indicate that Bandung’s Tourism Development Master Plan (RIPPARDA 2012–2025) and related policies and regulations formally recognize the equal rights of persons with disabilities to travel and participate in tourism. Concrete steps towards inclusive tourism are evident, such as the installation of ramps, tactile guiding blocks, braille signage, and accessible toilets at major sites. However, gaps remain between policy and practice, as evident in the three on-sites visit, some facilities are inconsistently provided or poorly maintained, and accessibility standards are not uniformly enforced, limiting full realization of “tourism for all”. The study concludes with several recommendations to strengthen both policy/regulations and their implementation. Key areas need to be strengthened are, enhancing local regulations, improving infrastructure, staff training, multi-stakeholder partnerships, and accessible information systems, to bolster implementation of inclusive tourism and ensure that the right to tourism is fulfilled for everyone. This research contributes to a deeper understanding of how urban tourism development can uphold human rights and sustainability principles by being genuinely inclusive.
Implementation of Regulations to Strengthen the Role of Village Consultative Bodies in Drafting Village Regulations for Economic Potential Development in Tarumajaya District, Bekasi Regency Siti Nur Intihani; Riyanto, Slamet; Mamang, Damrah
JURNAL ILMIAH LIVING LAW Vol. 18 No. 1 (2026): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v18i1.21777

Abstract

The Village Consultative Body (BPD) is a governmental institution whose members represent village residents based on territorial representation and are democratically appointed. The BPD plays a pivotal role in developing village economic potential, with one of its main functions being the drafting of village regulations (Perdes). This study seeks to examine the implementation of regulatory functions of the BPD in drafting Perdes and to assess the capacity-building efforts for BPD members in formulating Perdes for economic development in Tarumajaya District, Bekasi Regency. The research employed a combined normative juridical and empirical approach, with a review of relevant literature, followed by field observations in seven villages in Tarumajaya, interviews with stakeholders, and Focus Group Discussions (FGDs). The findings revealed that: (1) the implementation of BPD’s regulatory functions in formulating Perdes on economic development across the seven villages in Tarumajaya remained suboptimal. The challenges identified included: (a) limited expertise of BPD members in legal drafting, (b) insufficient capacity to analyze village economic potential, and (c) an unconducive working climate between village heads and the BPD. (2) Optimizing the capacity of BPD members in drafting Perdes on economic development was achieved through: (a) updating regulations concerning recruitment patterns and membership requirements of the BPD, (b) organizing training and workshops to strengthen members’ legal drafting skills, (c) providing mentoring and technical assistance through model templates of village regulation draft (Raperdes) to serve as references, and (d) fostering collaboration with academics and non-governmental organizations.
Evaluation of the Model Regulation of Home Ownership Financing Based on Islamic Sharia in Accommodating PPR of Islamic Banks and Non-Banks Maripah, Emma; Firmansyah Pratama Alim; Ika Rahmaningtyas
JURNAL ILMIAH LIVING LAW Vol. 18 No. 1 (2026): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v18i1.21780

Abstract

The research discusses the evaluation of Home Ownership Financing (PPR) regulations in terms of sharia compliance, the availability of regulations, and the relevance of technical operational implementation in accordance with sharia principles. Sharia PPR is implemented through Sharia Banks and non-banks implemented by sharia developers. The challenge is that there are discrepancies in its implementation, both sharia, legal, and operational. This condition opens up opportunities for the development of non-bank Sharia PPR, which is carried out by sharia developers, to carry out different Sharia PPR schemes, through access to more sharia and easier financing, because without BI checking, without banks, without false contracts, and claimed to be free from elements of maisir, gharar, and usury. This scheme is an attraction for the public to access non-bank Islamic PPR. The problem is that non-bank Sharia PPR still has various weaknesses. Among them, there is no supervision from DSN-MUI or OJK. There is no regulation underlying its implementation. This research explores potential improvements to the regulatory model of Islamic PPR for both banks and non-banks, by analyzing regulations, including Law No.11 of 2013 concerning PUPR, Law No. 21 of 2008 concerning Islamic Banking, POJK No. 12 of 2023, as well as the fatwa of the Indonesian Ulema Council (MUI). It is expected to provide critical analysis in an effort to improve the practice of Sharia PPR. In addition, the importance of legal certainty, development of regulatory models, financing, and various innovations for the implementation of kaffah Sharia PPR. The recommendation is to carry out a revision of the current regulation, as well as the formation of a special regulation for Islamic PPR which is expected to become a legal umbrella for the implementation of PPR for Islamic banks and non-banks. Thus, the effectiveness of the regulation can be achieved and public access to Islamic PPR can be further expanded.
Indonesia-Malaysia Cooperation In Handling Illegal Immigrants: From The Perspective of International Law and Human Rights Protection Sopian, Azkia Fathia Kirana; Otong Syuhada; Rani Dewi Kurniawati
JURNAL ILMIAH LIVING LAW Vol. 18 No. 1 (2026): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v18i1.22042

Abstract

The phenomenon of illegal immigrants in Southeast Asia, particularly in the Indonesia-Malaysia corridor, poses serious challenges related to legal, security, and human rights issues. The complexity of this problem arises from differences in national regulations, weak cross-border surveillance, and high economic pressures that drive irregular migration. This study aims to analyze the extent to which bilateral cooperation between Indonesia and Malaysia in handling illegal immigrants is in accordance with international law and human rights protection principles. The method used is a normative juridical approach, examining international legal instruments such as the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990), ICCPR, ICESCR, and various bilateral Memoranda of Understanding (MoU) between the two countries. The results of the study show that, normatively, Indonesia-Malaysia cooperation has referred to international legal standards that emphasize humane treatment, the principle of non-refoulement, and the protection of the basic rights of migrants. However, operationally, its implementation still faces obstacles in the form of weak inter-agency coordination, limited resources, and a lack of independent oversight. These conditions have led to continued human rights violations, particularly in the form of arbitrary detention and limited access to basic services for undocumented migrants. Thus, strengthening monitoring mechanisms, training officers, and involving international organizations are necessary for this cooperation to be more effective, humane, and sustainable in accordance with the principles of international law.

Page 22 of 22 | Total Record : 215

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