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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 228 Documents
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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; Giri Taufik; 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; Slamet Riyanto; Damrah Mamang
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 Emma Maripah; 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 Azkia Fathia Kirana Sopian; 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.
Absolute Discretion of Judges in Indonesia as the Epicenter of Judicial Corruption Michael Josef Widijatmoko
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.v18i1.22642

Abstract

This study critically examines the correlation between the absolute discretionary power inherent in judges in the Indonesian judicial system and the rampant pathology of judicial corruption. The analysis focuses on how the philosophical and legal construction of judicial power in the civil law tradition has created an epicenter that structurally fosters the practice of buying and selling decisions. Using normative legal research methods reinforced by comparative analysis, this study dissects the existing legal framework and compares it with other systems. The research findings reveal that absolutism in the use of judicial discretion, which is not balanced by an effective and transparent oversight mechanism, has created a systemic gap that undermines the integrity and public trust in the judiciary. Based on these findings, this study concludes that revolutionary structural reform is needed, not just cosmetic improvements. The main solution offered is limiting the sole discretion of judges through the adoption of a lay participation model, such as the lay judge or jury system, contextually adapted to the Indonesian legal framework. To achieve this, the study recommends two concrete reform paths: first, through the creation of a new legal umbrella in the form of a Law on the Position of Judges that limits and regulates discretion; and second, by utilizing the Supreme Court's authority to issue Supreme Court Regulations establishing binding sentencing guidelines, thereby reducing the scope for arbitration and abuse of authority.
Implementation of Regulations on Layoff Management and Investment at PT Sritex from the Perspective of Legal Certainty Abdul Haris Semendawai; Muhammad Fahruddin; Emma Maripah; Sinta Elviyanti; Nisa Asqia
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.v18i1.25485

Abstract

This study aims to analyze the implementation of regulations governing employment termination (layoffs) and investment at PT Sri Rejeki Isman Tbk (Sritex), examine the extent to which these regulations provide legal certainty for affected workers, and assess the relationship between investment conditions and mass layoffs. The study employs a normative-empirical legal research method, utilizing statutory, conceptual, and case study approaches. Data were collected through the analysis of legislation, court decisions, and academic literature, complemented by interviews with relevant stakeholders. The results indicate that implementation of layoff regulations at PT Sritex formally complied with Law Number 6 of 2023 concerning Job Creation, Government Regulation Number 35 of 2021, Government Regulation Number 37 of 2021 concerning Job Loss Insurance, and Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. However, this implementation has not fully ensured legal certainty for workers due to regulatory disharmony between labor and bankruptcy laws, limitations in asset distribution during bankruptcy proceedings, and weaknesses in social protection mechanisms. Furthermore, declining investment performance and reduced competitiveness in the textile sector significantly contributed to the mass layoffs. The novelty of this study lies in its integrated analysis of labor and investment regulations within the framework of legal certainty in a large-scale layoff case. Unlike previous studies that focus primarily on isolated labor protection or bankruptcy issues, this research demonstrates how the interaction between investment conditions, bankruptcy proceedings, and labor regulations influences both the effectiveness of legal protection for workers and the sustainability of business activities.
A Legal Analysis of the Urgency to Ratify the Border Crossing and Border Trade Agreements between Indonesia and Malaysia Dhafin Riyasy Ishak; Achmad Jaka Santos Adiwijaya; Nyi Mas Gianti Bingah Erbiana
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.v18i1.22269

Abstract

This study analyzes the urgency of ratifying the Border Crossing Agreement (BCA) and Border Trade Agreement (BTA) between Indonesia and Malaysia and examines the inconsistencies between Indonesian legal practice and the theoretical framework governing the ratification of international treaties. Using a normative and descriptive legal method with statutory, comparative, and conceptual approaches, this research evaluates the application of Law Number 24 of 2000 on International Treaties in relation to the unratified status of BCA and BTA despite their essential role in regulating cross border mobility and local trade in the border regions of Kalimantan. Data were obtained through an extensive literature study supported by juridical analysis in accordance with the characteristics of normative legal research. The findings reveal that although Indonesia has incorporated several substantive elements of BCA and BTA through ministerial regulations, such partial adoption does not comply with the principles of treaty ratification defined under national law and the Vienna Convention on the Law of Treaties 1969. The absence of formal ratification results in legal uncertainty, administrative inconsistency, and insufficient protection for border communities. This study concludes that formal ratification of BCA and BTA is essential to ensure legal certainty, support equitable economic development, and enhance the effectiveness of cross border cooperation between Indonesia and Malaysia. Strengthening the ratification mechanism also becomes necessary to reinforce Indonesia’s credibility in fulfilling its international obligations and to align cross sectoral governance in strategic border regions.
Legal Analysis of Visum et Repertum Procedures at Bogor City Police Integrated Service Center Prasetio, Harry; Suhartini, Endeh; Anisa Ilyanawati, R. Yuniar
JURNAL ILMIAH LIVING LAW Vol. 18 No. 2 (2026): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v18i2.21390

Abstract

Visum et Repertum is a crucial piece of evidence in the enforcement of criminal law, particularly in cases involving physical or sexual violence. This study aims to analyze the legal aspects of the Visum et Repertum procedure at the Integrated Police Service Center (SPKT) of the Bogor City Police Department. The research employs a normative and empirical juridical approach by reviewing relevant legislation and examining its implementation in practice through interviews and case studies. The findings indicate that, although the formal procedure for requesting a Visum et Repertum aligns with the prevailing legal regulations, several practical obstacles remain. These include delays in requesting medical reports, limited public understanding, and a shortage of forensic medical personnel. Therefore, enhanced coordination between the police, hospitals, and related institutions is necessary to ensure the effectiveness of Visum et Repertum as admissible evidence in criminal proceedings.
Literature Review on the Comparison of Smoking Ban Policies in Indonesia and Singapore Kori Hermawanti; Sifa Aulia Andini; Tri Fika Ananda Potabuga; Tiara Agustina; Satria Juliana Putra; Putri Triyana
JURNAL ILMIAH LIVING LAW Vol. 18 No. 2 (2026): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Smoking poses health risks, both to the smoker and those around them. Therefore, policies regulating tobacco use are necessary. Asian countries have different policies on smoking, such as those in Indonesia and Singapore. Therefore, this study focuses on analyzing and comparing smoking ban policies in Indonesia and Singapore through a literature review, in order to determine the effectiveness of the policies and their implementation, as well as the potential adoption of relevant policies for Indonesia in strengthening the smoking ban. This study uses a literature review method, which involves analyzing various existing literature sources to gain a broader understanding of the topic being studied. The policies regulating smoking bans in Indonesia and Singapore have several similarities, but also significant differences. Singapore has strict law enforcement related to cigarettes, while in Indonesia the law enforcement system is still weak because cigarettes are a source of state revenue that makes a positive contribution. This shows the importance of strengthening smoking ban policies, especially in Indonesia, in relation to the implementation of policies that have been enacted.

Page 22 of 23 | Total Record : 228

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