Indonesian Journal of Law and Policy Studies
The aim Indonesian Journal Of Law and Policy Studies is to offer a venue for academicians, researchers, and practitioners for publishing their original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Adat Law, Environmental Law and another section related to contemporary issues in law or interconnection study with Legal Studies in accordance with the principle of novelty and including government policies both central and regional in a regulation
Articles
76 Documents
<![CDATA[The Legality of Digital Evidence in Land Disputes: A Perspective on Civil Procedure Law Reform in the Telematics Era ]]>
<![CDATA[Rijal Ibnu Sani]]>;
<![CDATA[Suartini Suartini]]>;
<![CDATA[Tri Cahya Indra Permana]]>;
<![CDATA[Ahmad Ahmad]]>;
<![CDATA[Riri Gusda]]>
<![CDATA[ Indonesian Journal of Law and Policy Studies Vol. 4 No. 1 (2023): Indonesian Journal of Law and Policy Studies ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/ijlp.v4i1.15922
<![CDATA[The digital transformation of land administration through the implementation of electronic land certificates has significant implications for the evidentiary system in courts. The primary issue arises when conventional civil procedural law is confronted with digital evidence that possesses technical characteristics distinct from physical documents, thereby creating legal uncertainty in the resolution of land disputes. This study aims to analyze the legality and evidentiary strength of electronic land certificates in civil litigation and to formulate an ideal reconstruction of civil procedural law in the digital era. The research employs a normative juridical method with statutory and conceptual approaches. The findings indicate that although electronic land certificates possess legal validity under the Law on Electronic Information and Transactions (ITE Law), their evidentiary strength in court remains fluctuating due to the absence of standardized operational guidelines for judges in verifying the integrity of digital data. The study concludes that civil procedural law reform is necessary to explicitly regulate mechanisms for examining digital evidence, including the obligation to conduct forensic audits and the formal recognition of audit trails. Such reconstruction is essential to ensure substantive legal certainty and to protect landowners from the risk of electronic data manipulation. Through regulatory harmonization between civil law and telematics law, the judicial system can achieve adaptive legal protection in response to the advancement of information technology.]]>
<![CDATA[Legal Construction of Fake Diploma Allegations: An Analysis of Electronic Data Integrity under the Personal Data Protection and Electronic Information Laws ]]>
<![CDATA[Rijal Ibnu Sani]]>;
<![CDATA[Suartini Suartini]]>;
<![CDATA[Tri Cahya Indra Permana]]>;
<![CDATA[Ahmad Ahmad]]>;
<![CDATA[Misno Misno]]>
<![CDATA[ Indonesian Journal of Law and Policy Studies Vol. 5 No. 1 (2024): Indonesian Journal of Law and Policy Studies ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/ijlp.v5i1.15923
<![CDATA[The discourse surrounding the validity of public officials’ diplomas in cyberspace is frequently entangled in the criminalization of defamation offenses. There exists a profound ambiguity in law enforcement practices that fail to distinguish between criticizing the validity of an electronic document and intending to attack an individual’s personal honor. This blurred boundary generates concern among citizens who seek to exercise social control over the integrity of educational data, yet are instead confronted with the excessive penal threats of the Electronic Information and Transactions (ITE) Law. This study aims to deconstruct the juridical status of diplomas as electronic data within the framework of the ITE Law and the Personal Data Protection (PDP) Law, and to examine the implications of Constitutional Court Decision No. 104/2024 for the legal protection of individuals who verify public data within the digital ecosystem. Method: This research employs a normative juridical method using statutory and case approaches to analyze the ratio decidendi of the Constitutional Court. Results: The findings demonstrate that, from a telematics law perspective, a diploma constitutes a set of electronic information characterized as an object of information or a digital asset. Based on the latest Constitutional Court ruling, a clear distinction is established whereby the object of defamation is limited to human beings as legal subjects possessing dignity and honor, rather than objects or documents. Conclusion: Juridically, questioning the integrity of diploma data cannot automatically be classified as defamation. As long as the statement focuses on the authentication and verification of the document, such conduct forms part of freedom of expression and the exercise of social control protected by law]]>
<![CDATA[Rethinking Concurrent Creditor Protection in Suspension of Debt Payment Obligations ]]>
<![CDATA[Rijal Ibnu Sani]]>;
<![CDATA[Suartini Suartini]]>;
<![CDATA[Ahmad Ahmad]]>;
<![CDATA[Tri Cahya Indra Permana]]>;
<![CDATA[Misno Misno]]>
<![CDATA[ Indonesian Journal of Law and Policy Studies Vol. 5 No. 2 (2024): Indonesian Journal of Law and Policy Studies ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/ijlp.v5i2.15932
<![CDATA[The current practice of Suspension of Debt Payment Obligations (PKPU) in Indonesia reveals a distributive justice anomaly that disadvantages petitioning creditors. A “free-rider†phenomenon has emerged, whereby passive creditors obtain equal or even more favorable treatment without bearing litigation costs or the substantial legal risks associated with initiating proceedings. This inequity is exacerbated by settlement schemes that tend to marginalize initiating creditors through excessive postponement of payment schedules. This study aims to deconstruct the application of the Pari Passu Pro Rata Parte principle when applied without regard to litigation cost contributions, and to formulate a more equitable framework of legal protection for petitioning creditors as initiators of the restructuring process. The research employs a normative juridical method, utilizing conceptual and statutory approaches to evaluate the consistency between bankruptcy procedures and the values of distributive justice. The findings indicate that the absence of a litigation cost recovery mechanism generates structural injustice within the PKPU framework. From a legal standpoint, the petitioner’s financial burden and procedural initiative should be recognized as prioritized costs within the settlement plan. In conclusion, the PKPU regime requires policy redefinition to ensure financial protection for petitioning creditors, prevent exploitation by passive creditors, and preserve the integrity of commercial law enforcement.]]>
<![CDATA[Expanding Legal Standing in Political Party Dissolution Disputes in Indonesia ]]>
<![CDATA[Muhamad Islahudin Azhari]]>;
<![CDATA[Ahmad Ahmad]]>;
<![CDATA[Muhammad Rizqi Ramadhan]]>;
<![CDATA[Gamal Abdul Nasir]]>;
<![CDATA[Fajar Sulistyo]]>
<![CDATA[ Indonesian Journal of Law and Policy Studies Vol. 5 No. 1 (2024): Indonesian Journal of Law and Policy Studies ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/ijlp.v5i1.15934
<![CDATA[The dissolution of political parties is a constitutional mechanism intended to uphold democracy, constitutionalism, and the principle of the rule of law. The Constitution grants the Constitutional Court the authority to decide on cases of dissolution of political parties, but the provisions of the Law on the Constitutional Court limit the right to submit petitions to the government only. This provision creates problems in practice, especially when allegations of serious violations committed by political parties that have a broad impact on the democratic system are not followed by a petition for dissolution. This study aims to examine the urgency of expanding the subject of petitioners in cases of dissolution of political parties, formulate more comprehensive criteria regarding the grounds for dissolution, and analyze the implications of this limitation on the principles of democracy in Indonesia. This study uses normative legal methods with statutory, philosophical, and sociological approaches. The results show that limiting petitioners to the government has the potential to create conflicts of interest and weaken the oversight function of political parties. Therefore, it is necessary to expand legal standing to other parties, such as election supervisory institutions and the public, and expand the grounds for dissolution to include serious violations of democracy and election law, in order to strengthen political party accountability and consolidate constitutional democracy in Indonesia]]>
<![CDATA[Analysis of Constitutional Court Decision No.56/PUU-XVII/2019 on Electoral System and Legislative Candidacy Requirements ]]>
<![CDATA[Tania Sahda]]>;
<![CDATA[Ahmad Ahmad]]>;
<![CDATA[Ayu Sipah]]>;
<![CDATA[William Ramadhan]]>;
<![CDATA[Sumartono Sumartono]]>
<![CDATA[ Indonesian Journal of Law and Policy Studies Vol. 4 No. 1 (2023): Indonesian Journal of Law and Policy Studies ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/ijlp.v4i1.15956
<![CDATA[The Constitutional Court Decision Number 56/PUU-XVII/2019 represents an important turning point in strengthening Indonesia’s electoral democratic system, particularly regarding the eligibility of former convicts to run for regional head elections. Concerns over the limited nature of Article 7 paragraph (2) letter g of Law Number 10 of 2016 are highlighted, as this provision allows former convicts, including those convicted of corruption, to nominate themselves for regional head positions merely after public disclosure, without any mandatory waiting period. This article examines the constitutional foundations used by the Constitutional Court in formulating a conditionally constitutional norm, including the imposition of a mandatory waiting period and substantive disclosure of legal status. The Court emphasizes that disclosure alone is insufficient to guarantee the integrity of public office candidates, and that a waiting period constitutes an essential requirement. Furthermore, this article analyzes the systemic implications of the decision, including the strengthening of ethical standards for candidates, improvement of the quality of public information during elections, enhancement of legal certainty for election organizers and participants, and the Court’s role as a guardian of public morality. The findings indicate that stricter regulation of former convicts contributes significantly to safeguarding democratic integrity and preventing the normalization of political corruption.]]>
<![CDATA[The Legal Force of Auction Minutes from the Office of State Assets and Auction Service: A Case Study at KPKNL Tebing Tinggi ]]>
<![CDATA[Pardo Sitanggang]]>;
<![CDATA[Ahmad ahmad]]>
<![CDATA[ Indonesian Journal of Law and Policy Studies Vol. 4 No. 2 (2023): Indonesian Journal of Law and Policy Studies ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/ijlp.v4i2.15957
<![CDATA[This study aims to analyze the legal force of the Auction Minutes (Berita Acara Lelang - BAL) issued by the Office of State Assets and Auction Services (KPKNL), using a case study on Auction Deed No. 245/05/2022 KPKNL Pematang Siantar. It employs a normative legal research method with both case and statutory approaches, combining the analysis of the auction document as primary data with the legal norms of auction law under the Vendu Reglement, Civil Code (KUHPerdata), and Minister of Finance Regulations as secondary data. The findings show that BAL serves as an authentic deed possessing full evidentiary strength, thereby providing legal protection and certainty for auction winners in acquiring ownership rights over auctioned objects. The study also found several factors that can hinder enforcement of collateral auctions, such as legal objections, procedural defects, administrative land issues, physical control by the executed party, and inconsistencies in legal documentation. Overall, the research concludes that the effectiveness of BAL as an instrument of legal certainty depends heavily on procedural compliance and post-auction administrative and dispute resolution processes. Consequently, BAL plays a crucial role in legitimizing the transfer of rights through the state auction mechanism.]]>
<![CDATA[Policy Asymmetry and Persistence: Street Vendor Governance in Tangerang Regency ]]>
<![CDATA[Dini Nuraini Mahalli]]>;
<![CDATA[Ahmad Ahmad]]>;
<![CDATA[Tri Cahya Indra Permana]]>;
<![CDATA[Aris Gumilar]]>
<![CDATA[ Indonesian Journal of Law and Policy Studies Vol. 4 No. 2 (2023): Indonesian Journal of Law and Policy Studies ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/ijlp.v4i2.15958
<![CDATA[This inquiry examines the application of Regional Regulation No. 08 of 2015 on Structuring and Empowerment of Pedagang Kaki Lima (PKL) or Street Vendors in Tangerang Regency, with the critical case of Pasar Ceplak, Sukamulya District. Drawing on a qualitative descriptive approach, specifically a case study, this research highlights structural and operational constraints obstructing the implementation of the policy’s dual objectives by using the theory of policy implementation, as articulated by Van Metter and Van Horn. These findings demonstrate that their implementation has been consistently suboptimal, namely PKL persistence in unauthorized locations, and pervasive failures in planned relocation efforts. Such shortfalls are largely due to a dire lack of strategic resources, and the insufficient provision of alternative trading zones in the relevant departments which can reduce the economic risk to PKL. Moreover, through analyzing data, ineffective communication results in information asymmetry and the adoption of a punitive enforcement approach which is both systemic and entrenched rather than an empowerment strategy. Consequently, this study reveals that the policy is riddled with severe operational asymmetry, whereby vendors’ socio economic rationalities routinely contradict the regulatory mandate, calling for an immediate shift to participatory and spatially integrated systems of governance to enable sustainable urban order as well as micro-enterprises to grow.]]>
<![CDATA[The Implementation of Court Decisions in Indonesia: Obstacles and Alternative Legal Solutions ]]>
<![CDATA[Laesa Awalin]]>;
<![CDATA[Ahmad Ahmad]]>;
<![CDATA[Galuh Dwi Prasasti]]>;
<![CDATA[Muhammad Yusuf]]>;
<![CDATA[Junaidin Junaidin]]>
<![CDATA[ Indonesian Journal of Law and Policy Studies Vol. 4 No. 2 (2023): Indonesian Journal of Law and Policy Studies ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/ijlp.v4i2.15959
<![CDATA[The implementation execution of decisions of the State Administrative Court constitutes a fundamental component in ensuring legal protection and upholding the principle of the rule of law in administrative governance. Decisions that have obtained permanent legal force (inkracht van gewijsde) are legally binding and must be complied with by State Administrative Agencies or Officials. Nevertheless, empirical realities demonstrate that a significant number of State Administrative Court decisions remain unimplemented or are implemented only partially, thereby undermining legal certainty and public trust in the judiciary. This study aims to examine the legal framework governing the execution of State Administrative Court decisions, to identify the principal obstacles affecting their implementation, and to formulate alternative legal solutions to optimize enforcement. This research employs a normative juridical method, utilizing statutory, conceptual, and case approaches. The findings reveal that ineffective execution of State Administrative Court decisions is primarily attributable to the absence of a specialized enforcement institution, inadequate coercive sanctions against non-compliant officials, and persistent structural as well as bureaucratic cultural constraints. Accordingly, the study recommends strengthening the legal enforcement mechanism, enhancing the authority of the court in supervising execution, and reinforcing accountability of State Administrative Officials in order to realize legal certainty and effective protection of citizens’ rights]]>
<![CDATA[Legal Force of Auction Minutes Through a Case Study at KPKNL Tebing Tinggi ]]>
<![CDATA[Pardo Sitanggang]]>;
<![CDATA[Ahmad Ahmad]]>;
<![CDATA[Agus Darmawan]]>
<![CDATA[ Indonesian Journal of Law and Policy Studies Vol. 5 No. 2 (2024): Indonesian Journal of Law and Policy Studies ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/ijlp.v5i2.15960
<![CDATA[This study aims to analyze the legal force of the Auction Minutes issued by the Office of State Assets and Auction Services, using a case study on Auction Deed No. 245/05/2022 KPKNL Pematang Siantar. It employs a normative legal research method with both case and statutory approaches, combining the analysis of the auction document as primary data with the legal norms of auction law under the Vendu Reglement, Civil Code, and Minister of Finance Regulations as secondary data. The findings show that BAL serves as an authentic deed possessing full evidentiary strength, thereby providing legal protection and certainty for auction winners in acquiring ownership rights over auctioned objects. The study also found several factors that can hinder enforcement of collateral auctions, such as legal objections, procedural defects, administrative land issues, physical control by the executed party, and inconsistencies in legal documentation. Overall, the research concludes that the effectiveness of BAL as an instrument of legal certainty depends heavily on procedural compliance and post-auction administrative and dispute resolution processes. Consequently, BAL plays a crucial role in legitimizing the transfer of rights through the state auction mechanism.]]>
<![CDATA[Administrative Efforts as a Prerequisite for a Lawsuit at the State Administrative Court ]]>
<![CDATA[Siti Ruaida Turam]]>;
<![CDATA[Ahmad Ahmad]]>;
<![CDATA[Abdullah Yuwafie Maimun]]>;
<![CDATA[Muhammad Rifa Ali Akbar]]>
<![CDATA[ Indonesian Journal of Law and Policy Studies Vol. 5 No. 2 (2024): Indonesian Journal of Law and Policy Studies ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/ijlp.v5i2.15961
<![CDATA[Administrative remedies are a dispute resolution mechanism within the realm of administrative law that must be taken before filing a lawsuit with the State Administrative Court . This obligation is affirmed in Law Number 30 of 2014 concerning State Administration and reinforced by Supreme Court Regulation Number 6 of 2018. Conceptually, administrative remedies are intended as an efficient, fast, and proportional internal corrective tool, while also reducing the caseload in court. However, in practice, the effectiveness of this mechanism still raises various problems, both in terms of public understanding and the readiness of government institutions. This research is a normative legal research with a statutory, conceptual, and case approach, using the Jakarta State Administrative Court Decision Number 157/G/2019/PTUN.JKT as the main analytical material. The results of the discussion indicate that although administrative remedies have a strong normative basis, their effectiveness is highly dependent on consistent and responsive implementation by state administrative bodies or officials.]]>
