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Journal of Law and Policy Transformation
Published by Universitas Internasional Batam
ISSN : -     EISSN : 25413139     DOI : -
Core Subject : Education, Social,
Law, Crime, Criminology & Criminal Justice Social Sciences Other
The published paper is the result of research, reflection, and criticism with respect to the themes of legal and policy issues contains full-length theoretical and empirical articles from national and international authorities which analises legal and policy development, reformation and transformation.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
 1 
Search results for , issue "Vol 10 No 1 (2025)" : 10 Documents clear
Recalibrating Parate Executie, Navigating Legal Pluralism, Criminalization Risks and Procedural Governance In Indonesian Fiduciary Lumban Gaol, Chandra Erick Manaek Pandapotan; Abubakar, Lastuti; Marpaung, Roni Heilig
Journal of Law and Policy Transformation Vol 10 No 1 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i1.10304

Abstract

The landscape of fiduciary execution (jaminan fidusia) in Indonesia has been fundamentally reshaped by Constitutional Court Decisions No. 18/PUU-XVII/2019 and No. 2/PUU-XIX/2021. These landmark rulings, while aiming to bolster debtor protection under the 1945 Constitution, have curtailed the creditor's right of direct execution (parate executie) as originally established by Law No. 42 of 1999. This judicial intervention has engendered a state of profound legal ambiguity, creating a perilous enforcement vacuum where the lines between lawful execution and criminal conduct have become dangerously blurred. This article employs a normative legal research methodology, incorporating doctrinal, statutory, case, and comparative approaches to analyze this complex legal problematic. We argue that the Court's decisions, by introducing the vague and procedurally undefined prerequisites of a post-default "agreement on default" and "voluntary surrender," have inadvertently amplified the risks of criminalization for all parties—creditors, debtors, and assisting law enforcement. The research finds that in the absence of clear legislative amendment or binding Supreme Court guidance, the existing legal framework is inadequate to ensure both economic efficiency and procedural justice. As a novel contribution, this paper posits that principles derived from international governance and risk management standards, specifically the ISO/IEC family (e.g., ISO 9001, ISO 31000, ISO 37301), can serve as a crucial non-legislative framework for creditors to develop robust, transparent, and defensible execution protocols. Such a system of private governance can mitigate criminalization risks, demonstrate good faith, and restore a measure of legal certainty, thereby providing a vital bridge over the troubled waters of Indonesia's current fiduciary enforcement regime.
Criminal Law Policy Expires on Criminal Acts of Corruption Achmad Eka Yougi Ardata; Moh. Muhibbin; Budi Parmono
Journal of Law and Policy Transformation Vol 10 No 1 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i1.10389

Abstract

This research is motivated by the increasing number of cases of criminal acts of corruption in Indonesia. One of the reasons behind this is the implementation of the statute of limitations, so that many corruptors remove traces of not taking responsibility for the criminal acts they have committed. The aim of this research is to determine and analyze criminal law regulations and policies regarding the statute of limitations in criminal acts of corruption. This research uses normative juridical methods. The results of this research are that the statute of limitations for criminal acts of corruption has not been specifically regulated in the Law on the Eradication of Corruption Crimes. So that in its implementation it is based on 2 regulations with provisions, namely a minimum state loss of IDR 1,000,000,000. Article 40 of Law Number 19 of 2019 applies, namely an expiry period of 2 (two) years. Meanwhile, losses resulting from criminal acts of corruption are below IDR 1,000,000,000, Article 78 of the Criminal Code applies, based on the Corruption Eradication Law, which states that the criminal threat consists of a minimum imprisonment of one years and a maximuam of twenty years, as well as life imprisonment, then the applicable expiry times are six years, twelve years and eighteen years. Therefore, a new legal instrument is required to ensure legal certainty by specifically regulating expiration periods for corruption crimes. Furthermore, the loss of criminal liability due to expired provisions undermines justice and disadvantages both the state and society, which suffer losses from such acts.Therefore, a new legal instrument is required to ensure legal certainty by specifically regulating expiration periods for corruption crimes. Furthermore, the loss of criminal liability due to expired provisions undermines justice and disadvantages both the state and society, which suffer losses from such acts.
Nato's Alleged Violations Of UN Security Council Resolutions In Libya Latukau, Fikry; Zacky, Muhammad
Journal of Law and Policy Transformation Vol 10 No 1 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i1.10392

Abstract

The Security Council resolution against Libya emphasises that any State has the right to intervene if it commits crimes against humanity or causes civilian casualties. This paper examines the issue of Security Council intervention through NATO against Libya in relation to international criminal law. The results show that the Security Council has the right to intervene but in reality the intervention carried out by NATO is not in accordance with the resolution issued by the Security Council. The fact that NATO's actions have caused civilian casualties and an increase in the number of refugees leaving Libya to save themselves.
Corruption in the Distribution of People’s Business Credit, Legal Enforcement and Accountability Analysis.docx Yahya Boudelo; Ismail, Dian Ekawati; Rahim, Erman I.
Journal of Law and Policy Transformation Vol 10 No 1 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i1.10445

Abstract

This study aims to examine the Enforcement of Criminal Law Against Corruption in the Provision of People's Business Credit Facilities in Bone Pantai and the Accountability of BRI Management in Corruption in the Provision of People's Business Credit Facilities in Bone Pantai. The type of research used is normative legal research and empirical legal research. Empirical normative research starts from primary/basic data, and is then linked to law enforcement and criminal liability in corruption crimes in KUR. The results of this study indicate that criminal law enforcement against corruption in the provision of people's business credit facilities in Bone Pantai has not been implemented optimally and efficiently due to several weaknesses and problems that are obstacles in eradicating corruption and the involvement of internal bank figures and related parties by carrying out the mode of corruption of People's Business Credit (KUR) at Bank Rakyat Indonesia (BRI) Bone Pantai Unit involving data engineering. The accountability of BRI management in corruption crimes in the provision of people's business credit facilities in Bone Pantai shows that state losses are accounted for by the legal subject or defendant and the accountability of BRI bank, namely the head of the unit and the credit manager. The implementation of business ethics is very important in the distribution of KUR to ensure that the funds distributed are right on target to eligible recipients. Therefore, it is necessary to increase transparency in decision-making and credit distribution and increase the capacity of law enforcement regarding the handling of corruption cases involving people's business credit facilities (KUR).
Discretionary Authority of Government Officials: Between Administrative Efficiency and Potential Abuse of Authority Satria Prayoga
Journal of Law and Policy Transformation Vol 10 No 1 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i1.10451

Abstract

Discretion is the authority held by government officials to make decisions in situations that are not expressly regulated by laws and regulations. This authority is important in supporting the efficiency of government administration, especially in dealing with urgent or unexpected conditions. However, on the other hand, discretion also opens up opportunities for abuse of authority if it is not accompanied by the principles of prudence, accountability, and adequate supervision. This study aims to analyze the duality of the role of discretion in government practice, by highlighting its benefits in increasing bureaucratic agility and the potential risks that can harm the principles of good governance. The method used is a normative study with an approach to laws and regulations, legal doctrine, and case studies. The results of the study indicate that strengthening internal and external oversight mechanisms, as well as fostering public administration ethics, are strategic steps to maintain balance
Implementation of Diversion in The Juvenile Criminal Justice System: A Study of Effectiveness and Obstacles Deni Achmad
Journal of Law and Policy Transformation Vol 10 No 1 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i1.10452

Abstract

Diversion is an alternative approach in the juvenile criminal justice system that aims to resolve cases outside the formal justice system while still considering the best interests of the child. This study aims to analyze the effectiveness of the implementation of diversion and identify obstacles that arise in its implementation in Indonesia. The research method used is normative juridical with an approach that focuses on literature studies and analysis of laws and regulations, legal doctrines, and relevant court decisions. The results of the study indicate that normatively, provisions regarding diversion have been regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. However, there are various conceptual and implementation obstacles in its implementation, such as the lack of harmony between legal norms and practices in the field, as well as diverse interpretations of the principle of restorative justice. Diversion that is applied consistently and proportionally has been proven to have the potential to prevent children from the negative impacts of the conventional criminal justice system. Therefore, it is necessary to strengthen regulations, harmonize policies, and increase the understanding of law enforcement officers in order to support the success of the implementation of diversion in a sustainable manner.
Legal Status Issues of Drug Abusers Following Sting Operations in Indonesia Mohamad Adam; Puluhulawa, Fenty U.; Ismail, Dian Ekawati
Journal of Law and Policy Transformation Vol 10 No 1 (2025)
Publisher : Universitas Internasional Batam

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

Abstract

The purpose of this study is to analyze the legal status of drug abusers after a sting operation. This type of research is normative legal research with a legislative approach, case approach and conceptual approach. The analysis used in this study is qualitative data analysis through the processing of legal materials in a deductive manner. Based on the research, the results of the study show that in Law Number 35 of 2009 concerning Narcotics, it is stated that after a sting operation or after a confiscation, within a minimum of 3 x 24 hours, evidence must be tested to ensure the narcotics content found, so this can have implications for the legal status of someone arrested in a sting operation. A person caught red-handed in a narcotics case can have several possible legal statuses, including; as a witness who is arrested, if he is only at the scene without direct evidence of his involvement; as a suspect, if initial evidence is found that he has or uses narcotics; as a person without legal status who is temporarily detained, if his status is still awaiting the results of laboratory tests of evidence. Therefore, it is necessary to update the regulations through a revision of the Narcotics Law which must include a clear time limit on how someone caught red-handed must be treated before the results of the evidence test are out.
Asset Forfeiture as A Solution for Fraudulent Investments: Insight from Indonesia and South Korea Ceisarina, Indah Tiara; Silviani, Ninne Zahara; Febriyani, Emiliya
Journal of Law and Policy Transformation Vol 10 No 1 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i1.10562

Abstract

Fraudulent investment is an investment activity that offers to give a promise of maximum profit in a short time without the need to do a job that is physically, mentally and mentally exhausting and find information about the origin of the platform. Asset forfeiture by law enforcement aims to make the perpetrator fall into poverty to provide a deterrent effect and uphold a sense of justice for perpetrators of criminal acts such as money laundering. Poverty is a frightening thing in their lives. The purpose of the research is the general objective in conducting this research to find out how the recovery of asset forfeiture in handling cases of money laundering crimes. The specific objective is to analyze how the effectiveness of asset forfeiture implementation against fraudulent investment through legal comparison (Indonesia & South Korea). The research method that the author uses is in accordance with the title and relevant, so the author uses normative legal research methods. In this case, normative research is used because the characteristics of this normative legal research method are to examine legal comparisons regarding the Asset Forfeiture Law in Indonesia and South Korea. Asset forfeiture in South Korea shows effective enforcement of justice. The Indonesian people hope that this measure will be implemented to realize the 5th principle of Pancasila “Social justice for all Indonesian people” by impoverishing criminals through asset forfeiture.
The Role of Environmental Law in Enhancing Corporate Social Responsibility for Environmental Protection Wahyudi, Rikes; Rahmatiar, Yuniar; Abbas, Muhamad
Journal of Law and Policy Transformation Vol 10 No 1 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i1.10563

Abstract

Environmental law plays an important role as a regulatory instrument that strengthens the implementation of CSR. By accentuating CSR, environmental rules serve to ensure that corporations do not merely prioritize profit, but are also accountable for the ecological consequences of their activities. This research utilizes the normative jurisprudence method. This approach technique was chosen because the primary data used is secondary data, namely data collected through literature review and supporting data such as interviews and sources related to information on the role of Environmental Law in CSR accessntuation. The effectiveness of CSR, although guided by regulation, depends heavily on the integration of social and environmental responsibility in the company's business. The Karawang Regency Government and Tegal Sawah Village play a crucial role in ensuring that environmental CSR is effective. Weak oversight will damage the environment and hinder sustainability. The government can create positive impacts for the environment and Tegal Sawah Village community through better supervision, community engagement and collaboration with companies.
Binding Force of International Agreements: Perspectives of International Law and National Law Pitaloka, Diva; Putri, Yunita Maya; Becánics, Adrienn; Ernawati, Ninin
Journal of Law and Policy Transformation Vol 10 No 1 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i1.10566

Abstract

International treaties are one of the main sources of international law that have binding power for the parties that agree to them. In the context of relations between countries, international treaties are an important instrument in regulating various common interests, ranging from trade issues, the environment, to human rights. This article examines the binding power of an international treaty from two perspectives: international law and national law. From an international law perspective, a treaty becomes binding after being ratified by the parties according to the principle of pacta sunt servanda stipulated in the 1969 Vienna Convention on the Law of Treaties. Meanwhile, from a national law perspective, the recognition and application of international treaties depend on the domestic legal system of each country, whether it adheres to the principle of monism or dualism. This study also highlights the challenges of implementing international treaties in Indonesia, including the ratification mechanism and the role of legislative institutions. Through a normative approach and case studies, this article aims to provide a comprehensive understanding of the dynamics of the binding power of international treaties within the framework of global and national law.

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