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Indonesian Journal of Law and Policy Studies Post Graduate Of Law Universitas Muhammadiyah Tangerang. JL. Perintis Kemerdekaan No 1/33, Babakan, Cikokol Kec. Tangerang, Kota Tangerang, 15117, Banten, Indonesia Email: journalijlps@gmail.com
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INDONESIA
Indonesian Journal of Law and Policy Studies
Published by Universitas Muhammadiyah Tangerang
ISSN : -     EISSN : 27226670     DOI : 10.31000/ijlp
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
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
Arjuna Subject : Ilmu Sosial - Hukum
Articles 76 Documents
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The Paradox of Cessie: Juridical Risks Behind the Euphoria of Non-Performing Asset Purchases Rijal Ibnu Sani; Suartini Suartini; Ahmad Ahmad; Tri Cahya Indra Permana; Gamal Abdul Nasir
Indonesian Journal of Law and Policy Studies Vol. 6 No. 2 (2025): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v6i2.16090

Abstract

The phenomenon of bank receivables assignment (cessie) in Indonesia is currently experiencing a misleading paradigm shift, whereby this instrument is marketed as if it were a transaction for purchasing discounted property assets. The principal issue addressed in this study is a juridical paradox in the form of public misconception equating the position of the cessionary (assignee of receivables) with that of the direct owner of the secured object, whereas legally cessie merely constitutes the transfer of a claim right (vordering op naam). This research aims to deconstruct the proprietary nature of rights in cessie and to map the legal risks arising from the euphoria surrounding the acquisition of non-performing loans. The method employed is normative juridical research using statutory and conceptual approaches. The findings demonstrate that cessie does not automatically transfer ownership of the asset due to its accessory nature; physical control over the collateral still requires enforcement through mortgage execution procedures or eviction lawsuits, both of which are vulnerable to debtor resistance (derden verzet). The study concludes that the euphoria of purchasing cessie without proper legal risk mitigation will entrap buyers in protracted litigation and high costs. In essence, the buyer does not purchase a “house,” but rather a “right to claim,” fraught with legal uncertainty.
A Legal Analysis of Debt Relations from the Perspective of the Qur’an and Indonesian Positive Law Adi Prihasmoro; Helmi Hidayat
Indonesian Journal of Law and Policy Studies Vol. 6 No. 1 (2025): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v6i1.16117

Abstract

This study examines debt settlement practices in society from the perspectives of the Qur’an and Indonesian positive law. It employs a literature review and statutory approach, with qualitative analysis presented descriptively. The findings reveal that debt is comprehensively regulated in QS. Al-Baqarah (2:282), known as the mudayanah verse, which situates debt within commercial transactions, prohibits usury, and encourages almsgiving as part of broader muamalah (civil relations). Debt should not be narrowly understood as mere borrowing, but as encompassing all legal engagements arising from agreements, transactions, and reciprocal relations. Normatively, debt constitutes an obligation that must be fulfilled by the debtor, even taking priority over inheritance distribution upon death. However, in practice, debt relations risk leading to usury. Therefore, the Qur’an provides ethical guidance, including granting repayment extensions or partial/complete debt relief for debtors facing hardship. Overall, debt regulation reflects a balance between compassion and responsibility in managing wealth, serving both social harmony and spiritual objectives. These principles remain relevant and can be implemented by Indonesian Muslims in alignment with the existing legal framework
Legal Empirical Public Health Analysis of Smoke Free Regulation Revision in Kulon Progo Sapardiyono Sapardiyono
Indonesian Journal of Law and Policy Studies Vol. 6 No. 2 (2025): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v6i2.16121

Abstract

This article aims to analyze the discourse surrounding the revision of the Local Regulation on Smoke-Free Zones (KTR) in Kulon Progo Regency from a legal-empirical perspective, focusing on aspects of public health protection and the consistency of local policies. This study employs a legal-empirical method using a regulatory approach and a sociological approach. Data were collected through document analysis and policy analysis, supported by the evolving social dynamics within the community. The results indicate that the revision of the KTR Regional Regulation has the potential to weaken public health protection and reduce the consistency of the local government in implementing health-based policies. On the other hand, there are socio-economic pressures driving regulatory flexibility. Therefore, a policy approach oriented toward the long-term interests of the community is needed, while maintaining a balance between individual rights and collective rights to a healthy environment.
Challenging Military Court Jurisdiction Over Corruption Cases After Criminal Law Enforcement Suartini Suartini; Rijal Ibnu Sani
Indonesian Journal of Law and Policy Studies Vol. 6 No. 1 (2025): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v6i1.16127

Abstract

The main issue in this research is the dualism of absolute jurisdiction in handling corruption cases involving Indonesian National Armed Forces personnel. Although the anti-corruption legal framework forms a unified lex specialis system, such cases are often tried in Military Courts, which lack key instruments like investigations by the Corruption Eradication Commission and Ad Hoc Corruption Judges. This study aims to challenge the procedural legality of Military Courts in adjudicating corruption cases and highlights the need to unify corruption adjudication. Using normative legal research with statutory and conceptual approaches, it identifies conflicts between Military Court Law and national anti-corruption laws. The findings show that the absence of specific anti-corruption mechanisms in the military leads to procedurally flawed decisions and violates equality before the law. Therefore, all corruption cases should be handled by the Corruption Court as a single forum. Referring to Article 65(2) of the Indonesian National Armed Forces Law, soldiers must be subject to general courts for general crimes, including corruption. Thus, jurisdictional unification is essential to ensure legal certainty, transparency, and effective anti-corruption enforcement in Indonesia.
Center Region Relations and National Cohesion in Indonesia Slamet Riyanto; Ahmad Ahmad
Indonesian Journal of Law and Policy Studies Vol. 6 No. 2 (2025): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v6i2.16160

Abstract

This article examines the long-term challenge of national integration in Indonesia through the historical development of constitutional arrangements and their interaction with contemporary governance practices. It explains how federalism, unitarism, and center–region relations continue to influence political stability and national cohesion. The study applies normative legal research supported by historical and conceptual analysis. Primary materials include constitutional documents and state policies, while secondary materials cover scholarly works on decentralization, separatism, governance, and disaster management. The findings show that Indonesia’s integration problems are rooted in structural inequality, unresolved historical legacies, and governance practices that reinforce perceptions of regional marginalization. The article also finds that federalism operates less as a realistic constitutional alternative than as a symbolic political discourse that re-emerges during crises, including the 2025 hydrometeorological disaster in Sumatra. It concludes that constitutional design alone is insufficient to sustain national integration without inclusive governance, equitable development, institutional responsiveness, and stronger public trust
Limits of Criminal Liability in Public Auctions by Indonesian Officials Mhd. Ansor Lubis; Aras Firdaus; Ica Karina; Muslim Harahap; H. Abdul Lawali Hasibuan; Gerald Elisa Munthe
Indonesian Journal of Law and Policy Studies Vol. 6 No. 1 (2025): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v6i1.16171

Abstract

The implementation of auctions by public officials is part of government action that has administrative and criminal legal implications. In practice, legal issues often arise that lead to criminal liability for auction officials, especially when procedural deviations or abuse of authority occur. This study aims to analyze the limits of criminal liability in the implementation of auctions by public officials based on the Indonesian constitutional system. The research method used is normative legal research with a statutory and conceptual approach. The results show that criminal liability for public officials in the implementation of auctions must be clearly demarcated between administrative errors and criminal acts, while still paying attention to the principle of legality, general principles of good governance, and the doctrine of abuse of authority. Therefore, it is necessary to strengthen regulations and harmonize state administrative law and criminal law to create legal certainty and protection for public officials in carrying out their duties

Page 8 of 8 | Total Record : 76

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