Journal of Law and Policy Transformation
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.
Articles
307 Documents
<![CDATA[Nato's Alleged Violations Of UN Security Council Resolutions In Libya ]]>
<![CDATA[Latukau, Fikry]]>;
<![CDATA[Zacky, Muhammad]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 10 No 1 (2025) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v10i1.10392
<![CDATA[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.]]>
<![CDATA[Corruption in the Distribution of People’s Business Credit, Legal Enforcement and Accountability Analysis.docx ]]>
<![CDATA[Yahya Boudelo]]>;
<![CDATA[Ismail, Dian Ekawati]]>;
<![CDATA[Rahim, Erman I.]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 10 No 1 (2025) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v10i1.10445
<![CDATA[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).]]>
<![CDATA[Discretionary Authority of Government Officials: Between Administrative Efficiency and Potential Abuse of Authority ]]>
<![CDATA[Satria Prayoga]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 10 No 1 (2025) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v10i1.10451
<![CDATA[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]]>
<![CDATA[Implementation of Diversion in The Juvenile Criminal Justice System: A Study of Effectiveness and Obstacles ]]>
<![CDATA[Deni Achmad]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 10 No 1 (2025) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v10i1.10452
<![CDATA[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.]]>
<![CDATA[Legal Status Issues of Drug Abusers Following Sting Operations in Indonesia ]]>
<![CDATA[Mohamad Adam]]>;
<![CDATA[Puluhulawa, Fenty U.]]>;
<![CDATA[Ismail, Dian Ekawati]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 10 No 1 (2025) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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<![CDATA[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.]]>
<![CDATA[Asset Forfeiture as A Solution for Fraudulent Investments: Insight from Indonesia and South Korea ]]>
<![CDATA[Ceisarina, Indah Tiara]]>;
<![CDATA[Silviani, Ninne Zahara]]>;
<![CDATA[Febriyani, Emiliya]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 10 No 1 (2025) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v10i1.10562
<![CDATA[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.]]>
<![CDATA[The Role of Environmental Law in Enhancing Corporate Social Responsibility for Environmental Protection ]]>
<![CDATA[Wahyudi, Rikes]]>;
<![CDATA[Rahmatiar, Yuniar]]>;
<![CDATA[Abbas, Muhamad]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 10 No 1 (2025) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v10i1.10563
<![CDATA[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.]]>
<![CDATA[Binding Force of International Agreements: Perspectives of International Law and National Law ]]>
<![CDATA[Pitaloka, Diva]]>;
<![CDATA[Putri, Yunita Maya]]>;
<![CDATA[Becánics, Adrienn]]>;
<![CDATA[Ernawati, Ninin]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 10 No 1 (2025) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v10i1.10566
<![CDATA[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.]]>
<![CDATA[The Legal Analysis of Copyright Protection for E-Books in the Form of Non-Fungible Token (NFTs) ]]>
<![CDATA[Christina, Christina]]>;
<![CDATA[Amboro, Florianus Yudhi Priyo]]>;
<![CDATA[Hutauruk, Rufinus Hotmaulana]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 8 No 2 (2023) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v8i2.8495
<![CDATA[Non-Fungible Tokens (NFTs) serve as a digital platform that aids creators of digital works, particularly E-Books, in marketing or introducing their creative outputs. This platform offers easy access and high-security systems to safeguard the copyright of E-Book creators. This study aims to analyze and provide insights into the copyright protection of E-Book works in the form of NFTs, under the perspective of Copyright Law. Additionally, the study seeks to determine whether NFT transactions can serve as a solution for Intellectual Property protection in Indonesia. The research employs a normative legal research method, utilizing literature review and descriptive techniques. The findings reveal that NFTs can indeed offer a solution for intellectual property protection in Indonesia. By transforming works into NFTs, their copyright is protected through ownership tokens that are automatically integrated into the blockchain (digital ledger).]]>
<![CDATA[Personal Data Protection in Telemedicine: Comparison of Indonesian and European Union Law ]]>
<![CDATA[Jannah, Miftahul]]>;
<![CDATA[Amboro, F. Yudhi Priyo]]>;
<![CDATA[Shahrullah, Rina]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 8 No 2 (2023) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v8i2.8827
<![CDATA[Telemedicine allows patients to receive remote medical consultation, diagnosis, and treatment through a digital platform. However, with the development of telemedicine, personal data protection has become one of the main concerns. This research aims to compare the regulation of personal data protection in telemedicine services in Indonesia and the European Union. The type of research in this scientific article is Normative Juridical Research with a comparative legal approach. The data sources obtained in this paper are primary data and secondary data. The data collection method is a literature study. The data analysis method in this paper uses a qualitative approach. The results show that personal data protection in Indonesia is regulated by Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). While in the European Union, Personal Data Protection is regulated in the General Data Protection Regulation (GDPR) which regulates the collection and use of personal data by organizations. Some similarities in personal data protection in both telemedicine in Indonesia and in the European Union are that the same consent requires telemedicine providers to obtain clear and explicit consent from patients. Both telemedicine providers must not disclose the patient's personal data to third parties without the patient's consent. Telemedicine providers to implement security measures to protect patient personal data. Both Indonesia and the European Union give patients the right to access, correct, delete, and limit the use of their personal data]]>
