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[Progressive Law Analysis of Injustice in Asset Value Requirements for Construction Services ]]>
<![CDATA[Misno Misno]]>;
<![CDATA[Ahmad Ahmad]]>;
<![CDATA[Istiqomah Istiqomah]]>;
<![CDATA[Aris Gumilar]]>
<![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.v5i2.15962
<![CDATA[The Minister of Public Works and Housing Regulation No. 8 of 2022 establishes an asset value requirement of IDR 5 billion for M2 qualification in the installation sector, consequently marginalizing 88% of small-scale construction service enterprises. This research employs qualitative methodologies incorporating juridical-normative and juridical-empirical approaches to analyze the regulatory injustice through the lens of Satjipto Rahardjo's Progressive Law Theory. Data were collected through in-depth interviews with 25 respondents representing diverse stakeholder categories. The findings demonstrate that asset value requirements lack adequate philosophical, juridical, and sociological foundations for the installation sector, which functions as a knowledge intensive industry. The regulatory implementation engenders distributive, procedural, and interactional injustice, contradicting the fundamental principle of "law for humanity." The regulation has resulted in the displacement of 131,000 employment positions and a 64.3% reduction in government project accessibility, without establishing any empirically validated correlation between asset value and technical competency. This study recommends an implementation moratorium and the development of competency-based qualification models more consonant with the installation industry's distinctive characteristics.]]>
<![CDATA[Legal Hermeneutics as a Method 0f Rechtsvinding In Judicial Practice ]]>
<![CDATA[Vantriano Oktavian Garat]]>;
<![CDATA[Gamal Abdul Nasil]]>;
<![CDATA[Rijal Ibnu Sani]]>;
<![CDATA[Aris Gumilar]]>
<![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.v5i1.15964
<![CDATA[Legal certainty and justice constitute fundamental objectives of law enforcement. However, statutory provisions are often incomplete and unable to fully anticipate concrete legal events. In such circumstances, judges are required to engage in legal discovery (rechtsvinding). This study examines legal hermeneutics as a philosophical and methodological foundation for legal interpretation in judicial practice. Using normative legal research with a conceptual approach, this article argues that legal hermeneutics enables judges to bridge the gap between legal texts and social realities through a dialogical process between text, context, and contextualization. The hermeneutic circle, fusion of horizons, and pre-understanding play central roles in shaping judicial reasoning. The case of Marbury v. Madison (1803) demonstrates how hermeneutic reasoning contributes to creative legal development. Legal hermeneutics thus provides an alternative paradigm beyond strict legal positivism, enabling a balanced realization of legal certainty, utility, and justice.]]>
<![CDATA[Licensing Disputes in The State Administrative Court System ]]>
<![CDATA[Regita Dwi Azzahra]]>;
<![CDATA[Ahmad Ahmad]]>;
<![CDATA[Putri Aulya Maharani]]>;
<![CDATA[Syahrul Ardiyansyah Hamid]]>;
<![CDATA[Siti Athira Hasya]]>;
<![CDATA[Revalina Keyza]]>;
<![CDATA[Wahyu Tenggar A Ruby Razzaq Sulaiman]]>;
<![CDATA[Muhammad Rifadli Rabunah]]>;
<![CDATA[Rizky Sapta Ramadan Ependi]]>;
<![CDATA[Endang Mulyadin]]>
<![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.v5i1.15965
<![CDATA[Licensing is an administrative instrument used by the government to regulate public activities that may generate social, economic, and environmental impacts. In practice, however, the issuance of permits frequently results in disputes due to procedural defects, abuse of authority, and violations of general principles of good governance. This study aims to analyze the characteristics of licensing disputes, the legal framework governing judicial review, and the effectiveness of the Administrative Court in providing legal protection to citizens. The research applies a normative juridical method using statutory and conceptual approaches through the examination of administrative law doctrine and court decisions. The findings indicate that most licensing disputes originate from weak administrative verification, improper use of discretion, and non-compliance with the principles of legality and legal certainty. The Administrative Court functions as a supervisory mechanism by reviewing the legality of administrative decisions and restoring the rights of affected parties. Nevertheless, its effectiveness remains limited due to technical evidentiary difficulties and weak enforcement of judicial decisions by administrative authorities. Therefore, strengthening administrative oversight mechanisms and ensuring execution of court judgments are necessary to establish accountable governance]]>
<![CDATA[The Relevance of Criminology and Penology in the Criminal Justice System ]]>
<![CDATA[Hasrul Buamona]]>;
<![CDATA[Wulan Julianti Putri]]>;
<![CDATA[Axcell Ezhalio Melvin Kaya]]>;
<![CDATA[Dhea Meisa]]>
<![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.v5i2.16078
<![CDATA[The case of Nenek Minah was a criminal matter that shocked the Indonesian public in 2009. Nenek Minah was sentenced by the Purwokerto District Court to a conditional prison term of 1 month and 15 days, with a 3-month probation period, based on Article 362 of the Criminal Code (KUHP). This research was conducted using a normative juridical method, questioning two primary issues regarding the relevance of criminology and penology within the criminal justice system. First, what is the relevance between criminology and penology in the criminal justice system? Second, what is the pattern of relevance between criminology and penology based on empirical cases within the criminal justice system. The results of the study show that criminology serves as a provider of scientific databases regarding the root causes of crime and perpetrator profiles, while penology formulates handling strategies that are applicative, educative, and rehabilitative. The synergy between these two disciplines is crucial for achieving the goals of public protection and the improvement of inmate behavior. Furthermore, the retributive paradigm must be shifted toward a progressive paradigm that is more humanist and rehabilitative within the framework of the new criminal justice system.]]>
<![CDATA[The Relevance of Pancasila as the Philosophical Foundation in Law Making in Indonesia ]]>
<![CDATA[Misno Misno]]>;
<![CDATA[Ahmad Ahmad]]>;
<![CDATA[Upik Mutiara]]>
<![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.v4i1.16080
<![CDATA[This research explores the relevance of Pancasila as a philosophical foundation in the formation of law in Indonesia. Despite its official recognition as the ideological basis of the state, the practical implementation of Pancasila's values in the legislative process often faces significant challenges. Through a normative empirical approach, this study identifies the gap between the ideal of Pancasila and its application in Indonesian law, particularly in the context of globalization and external pressures. The findings reveal that while Pancasila remains crucial, there is a need for comprehensive reform in the legislative process to ensure that laws genuinely reflect the principles of Pancasila. This research emphasizes the importance of strengthening Pancasila education among policymakers and integrating its values into all stages of law-making to preserve national identity and social justice]]>
<![CDATA[Post-Anthropocentric Land Law: Reconstruction of Agrarian Legal Philosophy Based on Ecological Justice in Indonesia ]]>
<![CDATA[Sinung Mufti Hangabei]]>;
<![CDATA[Eldi Nasali]]>;
<![CDATA[Hengky Afandi]]>
<![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.v4i1.16082
<![CDATA[Agrarian law in Indonesia has long been influenced by an anthropocentric paradigm that places humans as the central focus in land governance. This perspective often prioritizes economic exploitation of land while neglecting its ecological functions, which contributes to environmental degradation, ecological imbalance, and conflicts over land use.This study aims to reconstruct the philosophical foundation of agrarian law in Indonesia by introducing a post-anthropocentric perspective based on the principle of ecological justice, in order to create a more balanced and sustainable land governance system.The research uses a normative juridical method with a philosophical and conceptual approach. It examines legal doctrines, legislation, and theoretical perspectives related to agrarian law, ecological justice, and environmental philosophy to analyze the need for reconstructing the existing legal paradigm.The study finds that the current agrarian legal framework still largely reflects anthropocentric values, which limit the protection of ecological interests. Integrating ecological justice principles into agrarian law can strengthen the recognition of land’s ecological, social, and sustainability functions while promoting more responsible and balanced land management.The novelty of this research lies in proposing a reconstruction of Indonesia’s agrarian legal philosophy through a post-anthropocentric approach that places ecological justice as a fundamental principle in land governance and legal development]]>
<![CDATA[Between Mining and Justice: Reconstructing Responsible Mining in the Framework of Indonesian Mining Law ]]>
<![CDATA[Sinung Mufti Hangabei]]>;
<![CDATA[Hendi Sastra Putra]]>;
<![CDATA[Mikho Ardinata]]>;
<![CDATA[Edi Riyanto]]>
<![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.v4i2.16083
<![CDATA[Mining governance in Indonesia often shows a gap between the constitutional mandate of natural resource management under Article 33 of the 1945 Constitution and its practical implementation, particularly in relation to social justice, environmental sustainability, and the welfare of local communities. This study aims to analyze the concept of responsible mining within Indonesian mining law and to reconstruct its legal foundation based on the principles of social justice and constitutional resource governance. This research employs normative legal research using statutory and conceptual approaches. Legal materials are analyzed qualitatively to examine the relationship between constitutional principles, mining regulations, and the concept of responsible mining. The study reveals that Indonesian mining law still demonstrates a misalignment between constitutional mandates and mining practices, limited integration of social justice, weak legal orientation toward local community welfare, and normative ambiguity in the concept of responsible mining. This research proposes the reconstruction of responsible mining as a constitutional legal principle grounded in Article 33 of the 1945 Constitution and strengthened through the integration of the social licence to operate concept in mining governance.]]>
<![CDATA[Jurisdiction in Digital Copyright Lawsuit ]]>
<![CDATA[Unggul Prayudho Satriyo]]>
<![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.v5i1.16085
<![CDATA[The copyright is one of form in intellectual property rights. It comprises of work being protected in multiple forms. With the advancement of modern world, the copyright have move it protection, from mere reproduction right for work in book, as an authorship, to the modern form in the digital world. The move into the digital form of work in copyright have open the possibilities of more effective distribution or right, including its distribution. The easiness of the distribution in digital format, made it hasle free, and work of copyright may be enjoyable in multiple location at once. This then lead to the dispute resolution that is currently available for the copyright cases in civil lawsuit. The available avenue for copyright dispute is heavily rest on the commercial court that have been designated court that have the absolute jurisdiction in civil litigation of the copyright. Nature of the digital copyright have made it solution to the dispute resolution to bel clear and concise. Through this research, by employing doctrinal method, solution for the avenue jurisdiction over dispute in copyright will be clear.]]>
<![CDATA[Artificial Intelligence as Digital Prose in Redefining Originality in Legal Discourse ]]>
<![CDATA[Rijal Ibnu Sani]]>;
<![CDATA[Suartini Suartini]]>;
<![CDATA[Ahmad Ahmad]]>;
<![CDATA[Tri Cahya Indra Permana]]>
<![CDATA[ Indonesian Journal of Law and Policy Studies Vol. 6 No. 1 (2025): Indonesian Journal of Law and Policy Studies ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/ijlp.v6i1.16087
<![CDATA[This research originates from the phenomenon of moralistic stigma and academic conservatism that tend to perceive the integration of Artificial Intelligence (AI) as a degradation of originality in legal scholarship. Historically and empirically, however, the evolution of intellectual instruments from the pen to the computer has consistently transformed modes of expression without ever extinguishing the essence of human thought itself. This study aims to deconstruct the myth of “handwritten originality†while legitimizing AI as a lawful co-creative instrument within the domain of telematics legal writing. Employing a conceptual approach and historical-technological comparison, the research finds that in the era of digital disruption, the essence of originality no longer resides in the mechanical construction of diction, but rather in the authority of logical curation, data validation, and argumentative direction elements that remain fundamentally controlled by the human legal subject as the holder of intellectual agency. The analysis concludes that AI should be understood as “Digital Prose,†evolutionarily comparable to the transformative impact of the typewriter and office software revolutions of previous decades. Systemic resistance to this technology is thus interpreted as a manifestation of technophobia that is increasingly incompatible with contemporary standards of performance, efficiency, and accuracy in modern legal discourse. The study recommends a redefinition of academic ethics that is more inclusive of human–machine collaboration in advancing global legal literacy]]>
<![CDATA[Analysis of Goods Transportation Disputes: Cibinong District Court Decision Study ]]>
<![CDATA[Firdaus Firdaus]]>;
<![CDATA[Miskun Miskun]]>;
<![CDATA[Upik Mutiara]]>
<![CDATA[ Indonesian Journal of Law and Policy Studies Vol. 6 No. 2 (2025): Indonesian Journal of Law and Policy Studies ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/ijlp.v6i2.16088
<![CDATA[International trade is inherently linked to international contracts, including freight forwarding agreements that regulate the rights and obligations of parties in cross-border shipping. In practice, such contracts often lead to disputes, either due to breach of obligations or procedural issues in law enforcement. One example is the Cibinong District Court Decision Number 239/Pdt.G/2020/PN Cbi involving Hakua Trading Co., Ltd. and PT Trinitan Metals and Minerals Tbk. This study examines the dispute by focusing on the legal standing of the parties, the object of the agreement, the role of the Bill of Lading, the application of Incoterms, and the judges’ legal considerations. Using a normative legal research method with statutory and case approaches, the study finds that the court did not examine the substance of the dispute due to procedural and jurisdictional issues. Consequently, the claim was declared inadmissible. The decision highlights the importance of clear contractual clauses and the proper determination of jurisdiction in resolving disputes arising from international freight forwarding contracts.]]>
