IBLAM Law Review
Welcome to the official website of IBLAM Law Review. With the spirit of further proliferation of knowledge on the legal system in Indonesia to the wider communities, this website provides journal articles for free download. Our academic journal is a source of reference both from law academics and legal practitioner . IBLAM Law Review is a double-blind review academic journal for Legal Studies published by Lembaga Penelitian dan Pengabdian Masyarakat (LPPM) IBLAM School Of Law. IBLAM Law Review contains several researches and reviews on selected disciplines within several branches of Legal Studies (Sociology of Law, History of Law, Comparative Law, etc.). In addition, IBLAM Law Review also covers multiple studies on law in a broader sense. This journal is periodically published (in January, May, and September), and the approved and ready-to-publish manuscripts will also be regularly published in the website (with early view) and the hardcopy version will be circulated at the end of every period.
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<![CDATA[PERLINDUGAN HUKUM TERHADAP KORBAN KEJAHATAN TINDAK PIDANA NARKOTIKA BERKAITAN DENGAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA ]]>
<![CDATA[Nugraha, Sandi]]>;
<![CDATA[Windyastuti, Feny]]>
<![CDATA[ IBLAM LAW REVIEW Vol. 2 No. 1 (2022): IBLAM LAW REVIEW ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM) ]]>
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DOI: 10.52249/ilr.v2i1.39
<![CDATA[Narcotics and psychotropics are drugs or materials that are useful in the fields of treatment, service, health, and scientific development, and on the other hand can cause very detrimental dependence if used without supervision, strict and careful supervision. Article 27 paragraph (1) of the 1945 Constitution affirms "All citizens have the same position in law and government and are obliged to uphold the law and government with no exceptions". The article shows that everyone has the right to recognition, guarantee of protection, and fair legal certainty as well as equal recognition before the law. The research method used is normative legal research with the sources of legal materials used are primary, secondary and tertiary legal materials. The technique of collecting legal materials uses a documentary study technique and the technique of analyzing legal materials used is a qualitative technique. The results of the study indicate that legal protection for victims of narcotics crime has not been implemented in the Perspective of Law Number 35 of 2009 concerning Narcotics, causing injustice and legal uncertainty and future criminal law policies in providing legal protection to victims of narcotics abusers must not only reform criminal law. material, but also reforming formal criminal law and criminal law enforcement.]]>
<![CDATA[POLITIK HUKUM PEMBENTUKAN UNDANG-UNDANG TENTANG SISTEM PERADILAN PIDANA ANAK : UPAYA MENJAUHAKAN ANAK DARI PIDANA PENJARA ]]>
<![CDATA[Saputra, Trias]]>
<![CDATA[ IBLAM LAW REVIEW Vol. 2 No. 1 (2022): IBLAM LAW REVIEW ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM) ]]>
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DOI: 10.52249/ilr.v2i1.41
<![CDATA[This study aims to review and discuss the mechanism for imposing penalties/criminals for children who are in conflict with the law as regulated in Law Number 11 of 2012 concerning the Child Criminal Justice System. In the Law there are changes to the provisions for imposing penalties/criminals for children. Imprisonment is placed at the last order in this provision. different from the Regulations regulated in the Previous Law. This study will also discuss the process of forming the SPPA Law in the Political-Legal aspect which examines the minutes of the Formation of Legislations and the academic text of the Law. The method used in this research is juridical-normative by using secondary data or library data (library research) with the approach to legislation (The Statute Approach).]]>
<![CDATA[PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA PEMALSUAN DOKUMEN BERUPA SURAT TANDA NOMOR KENDARAAN (STNK) (Studi Putusan Nomor 241/PID.B/2021 PN Gns) ]]>
<![CDATA[Sedyadi, Reza]]>;
<![CDATA[Baharudin, Baharudin]]>;
<![CDATA[Anggalana, Anggalana]]>
<![CDATA[ IBLAM LAW REVIEW Vol. 2 No. 1 (2022): IBLAM LAW REVIEW ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM) ]]>
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DOI: 10.52249/ilr.v2i1.50
<![CDATA[Among various types of criminal acts in the community, falsification of letters becomes one of the criminal acts that are rife. For examples criminal cases of falsification of letters are contained in Number: 241/PID.B/2021 PN GNS. Defendant I Suradal and defendant II Efan Efendi committed the criminal act of falsifying documents in the form of STNK. In this study focus on the problem: (1) What are the factors supporting criminal offenders committing STNK counterfeiting crimes? (2) How is the accountability of the perpetrators of STNK counterfeiting? (3) How is the judge’s consideration of the perpetrators of STNK counterfeiting? In this study apply normative juridical approaches as well as empirical juridical. The process of data collection is carried out by field study steps as well as literature studies. The data obtained is then analyzed with qualitative techniques to reach conlcusions in the research conducted. In this study produced answers about what are the factors that cause the perpetrator to commit the crime of forgery, how the perpetrator is responsible and how the judge’s consideration of the perpetrator of the STNK forgery in Number: 241/PID.B/2021 PN GNS.]]>
<![CDATA[KEDUDUKAN HARTA BERSAMA YANG DIJADIKAN OBJEK JAMINAN HAK TANGGUNGAN DALAM HUTANG PIUTANG DAN DIEKSEKUSI OLEH PENGADILAN (STUDI PUTUSAN NOMOR 13/PDT.BTH/2021/PN TJK) ]]>
<![CDATA[Shafa Clarissha, Vindria]]>;
<![CDATA[Ayu Hapsari, Recca]]>;
<![CDATA[Hesti, Yulia]]>
<![CDATA[ IBLAM LAW REVIEW Vol. 2 No. 1 (2022): IBLAM LAW REVIEW ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM) ]]>
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DOI: 10.52249/ilr.v2i1.51
<![CDATA[Mortgage rights are regulated in Law Number four of 1996 concerning Mortgage Rights on Land and Objects Related to Land, hereinafter abbreviated as UUHT. With a variety of options 13/pdt.bth/2021/pn/tjk where the land due to the marriage is used as collateral for the rights of borrowing and borrowing through the husband and spouse as guarantors. election No.13/pdt.bth/2021/pn/tjk. The approach used in this study is empirical through interviews with judges at the Tanjung Karang District Court. Land rights that can be encumbered with Borrowing Rights consist of: Ownership Rights, Cultivation Rights, Building Use Rights, and Land Use Rights on state land which in accordance with the legal guidelines and guidelines of the winner must be registered and according to their nature can be transferred. Flats that stand on Ownership Rights, Building Use Rights and Use Rights granted through the state. Because one of the parties,namely Edwin Bunyamin Pohar,was not drawn as a party in the a quo rebuttal case,the rebuttal of the rebuttal as a rebuttal is lacking because not all parties in the main case are parties in the a quo rebuttal case, so the rebuttal of the rebuttal must be declared no acceptable (Niet Onvankelijke Verklaard).]]>
<![CDATA[ANALISIS YURIDIS PENGGUNAAN BOM DALAM PENANGKAPAN IKAN DI WILAYAH PERAIRAN LAUT PULAU SEBUKU KABUPATEN LAMPUNG SELATAN (Studi Putusan Nomor : 321/Pid.Sus/2021/Pn.Tjk) ]]>
<![CDATA[Cahya Ningrum, Bella]]>;
<![CDATA[Siregig, I Ketut]]>;
<![CDATA[Ramadan, Suta]]>
<![CDATA[ IBLAM LAW REVIEW Vol. 2 No. 1 (2022): IBLAM LAW REVIEW ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM) ]]>
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DOI: 10.52249/ilr.v2i1.52
<![CDATA[The illegal act of fishing with explosives is currently regulated by Law No. 45 of 2009 on Fisheries, which states several legal provisions, including that waters are under the sovereignty and jurisdiction of the Unitary State of the Republic of Indonesia, as well as the Indonesian Exclusive Economic Zone, and are based on international provisions containing fish resources and potential fish farming land. In this work, a normative juridical approach and an empirical approach were used as research methods. Data is gathered through library research and field studies. The Defendant employed explosives in the shape of 6 (six) big bottles and 4 (four) tiny bottles obtained by purchasing 4 (four) kilograms of Ampo powder and then assembling them in a way that they could be used to bomb fish in order to carry out his action. The imposition of a crime in this case has the goal of not only punishing people who commit crimes, but also of fostering and educating people, so the judge believes that the sentence imposed on the defendant was appropriate and commensurate with his actions, based on aggravating and mitigating circumstances.]]>
<![CDATA[IMPLEMENTASI HUKUM TERHADAP TENAGA KERJA PEREMPUAN YANG BEKERJA PADA MALAM HARI (Studi Pada Pekerja Hotel Lee Bandar Jaya Lampung Tengah) ]]>
<![CDATA[Irham, Irhammudin]]>;
<![CDATA[Fikma Edrisy, Ibrahim]]>
<![CDATA[ IBLAM LAW REVIEW Vol. 2 No. 1 (2022): IBLAM LAW REVIEW ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM) ]]>
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DOI: 10.52249/ilr.v2i1.58
<![CDATA[Legal protection for workers is the fulfillment of basic rights inherent and protected by the constitution as regulated in Article 27 Paragraph (2) of the 1945 Constitution. Article 33 Paragraph (1) of the 1945 Constitution also states that the economy is structured as a joint effort of kinship. Violation of basic rights protected by the constitution is a violation of human rights. The sovereignty of a country is stated in the constitution which regulates the basics of the state and guarantees the rights and obligations of its citizens. Law Number 13 of 2003 concerning Manpower is one solution in protecting workers and employers regarding the rights and obligations of each party. Labor protection is regulated more clearly in Article 67 to Article 101 covering the protection of workers with disabilities, children, women, working hours, occupational safety and health, wages and welfare. In principle, the Manpower Law protects and regulates the rights and obligations of both workers and employers. In its implementation, various kinds of problems may arise that can harm the workforce itself, especially with regard to legal protection for female workers. Therefore, this study wants to reveal the form of legal protection that should be received by female workers who work at night. especially with regard to the legal protection of female workers. Therefore, this study wants to reveal the form of legal protection that should be received by female workers who work at night. especially with regard to the legal protection of female workers. Therefore, this study wants to reveal the form of legal protection that should be received by female workers who work at night.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP KORBAN TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA YANG MENGAKIBATKAN LUKA BERAT (STUDI PUTUSAN NOMOR: 992 K/PID.SUS/2017) ]]>
<![CDATA[Rahmatulloh, AA]]>;
<![CDATA[Amsori, Amsori]]>
<![CDATA[ IBLAM LAW REVIEW Vol. 2 No. 1 (2022): IBLAM LAW REVIEW ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM) ]]>
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DOI: 10.52249/ilr.v2i1.59
<![CDATA[This study aims to determine the legal protection for victims of domestic violence and to find out the judge's legal considerations in making decisions on cases of criminal acts of domestic violence that resulted in serious injuries in case Number: 992 K/Pid.sus/2017. The type of research in this thesis is Juridical Normative Law Research. Normative Legal Research is a legal research method that principally conducts research on legal rules in legislation, jurisprudence and doctrine which is carried out qualitatively. From the research conducted, the authors get the following results: First, that legal protection for victims of criminal acts of domestic violence is an effort to recover victims of domestic violence, which is an integral part of the legal process. In this case, it is a shared responsibility between the government and service providers, including medical, psychological, legal and safe house services. Second, that based on the author's analysis, the consideration of the Supreme Court Judge in case Number: 992 K/Pid.Sus/2017 contradicts the authority of the judex juris because he did not receive a cassation request from the Public Prosecutor who clearly questioned the application of the law in judex facti. So, the author should state that the Supreme Court Judge's Decision Number: 992 K/Pid.Sus/2017 does not contain a sense of justice and does not contain the principle of law enforcement.]]>
<![CDATA[CRIMINAL LIABILITY OF THE COMPANY'S LEGAL ENTITY IN THE CRIME OF MONEY LAUNDRING ]]>
<![CDATA[Suluh, Bintang]]>;
<![CDATA[Farhana, Farhana]]>;
<![CDATA[Lina Sinaulan, Ramlani]]>
<![CDATA[ IBLAM LAW REVIEW Vol. 2 No. 1 (2022): IBLAM LAW REVIEW ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM) ]]>
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DOI: 10.52249/ilr.v2i1.61
<![CDATA[Based on Law Number 40 of 2007 concerning Limited Liability Companies Jo. Law Number 8 of 2010 Concerning the Prevention and Eradication of Money Laundering Jo. Regulation of the Indonesian Republic of Indonesia Court of Justice Number 13 of 2016 concerning Procedures for Handling Criminal Cases by Corporations provides space for criminalizing corporations as subjects who are being held liable for criminal acts of money laundering. However, in practice, law enforcement officers rarely place corporations as subjects for criminal responsibility in money laundering cases, even though corporations play an important role in the occurrence of money laundering crimes. This was proven by the handling of the money laundering case handled by the Corruption Eradication Commission, which for the first time made PT Putra Ramadhan a corporation that was asked to be held responsible for criminal acts of money laundering.]]>
<![CDATA[MENELUSURI KEDUDUKAN PANCASILA SEBAGAI SUMBER DARI SEGALA SUMBER HUKUM (Discovering the Position of Pancasila as the Basic Norm in Indonesia) ]]>
<![CDATA[Wahanu Prabandani, Hendra]]>
<![CDATA[ IBLAM LAW REVIEW Vol. 2 No. 1 (2022): IBLAM LAW REVIEW ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM) ]]>
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DOI: 10.52249/ilr.v2i1.63
<![CDATA[The Constitution of Republic Indonesia is absent to describe Pancasila as the rule that forms an underlying basis for a legal system in Indonesia. It might become a problem when the majority number of statesmen is difficult to find a legal reference regarding Pancasila as the basic norm in Indonesia. This article aims to discover the position of Pancasila as the basic norm in statutory system in Indonesian, and how Pancasila is implemented in the construction of Indonesia legal system. Pancasila as the basic norm is reflected in the preambule of 1945 Constitution and in article 1 (3) of 1945 Constitution. Prior to the amendment of 1945 Constitution, explaination regarding Pancasila as a basic norm was stipulated in MPRS Decree XX/MPRS/1966 regarding Source of the Law Governance Republic Indonesia and Hieararchy of Law and Regulatin in Indonesia, also MPR Decree II/MPR-RI/1978 regarding Guidline of Implementation Pancasila or Eka Prasetya Pancakarsa. Furthermore, after the amendement of 1945 Constitution, Pancasila as the basic norm might be found in Law Number 12 Year 2011 regarding Establishment of Legislation and Presidential Regulation Number 87 Year 2014 regarding Implementation Regulation of Law Number 12 Year 2011 regarding Establishment of Legislation. The concept of Pancasila as the basic norm is implemented as micro aspect which is in the principle of statutory making, and macro aspec as the foundation of rule of law as well as legal development in Indonesia.]]>
<![CDATA[ASPEK PERLINDUNGAN HUKUM TERHADAP PEMBELI DALAM MELAKUKAN TRANSAKSI JUAL BELI MELALUI ELECTRONIC COMMERCE (Studi Kasus Putusan Pengadilan Nomor 183/Pdt.G/2018/PN.Mdn) ]]>
<![CDATA[Warsifah, Warsifah]]>;
<![CDATA[Gurion Napitupulu, David]]>
<![CDATA[ IBLAM LAW REVIEW Vol. 2 No. 1 (2022): IBLAM LAW REVIEW ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM) ]]>
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DOI: 10.52249/ilr.v2i1.64
<![CDATA[The development of technological advances, especially in the development of the internet in Indonesia, apparently also affects business development and the way of transacting in buying and selling transactions through electronic commerce. The use of the internet through e-commerce provides convenience, time efficiency, convenience and so on. Buying and selling transactions through e-commerce are basically the same as conventional buying and selling transactions, but what makes the difference is the media where buyers and sellers meet in buying and selling transactions, namely through the use of the internet in cyberspace. The e-commerce sale and purchase transaction, in the agreement is also the same as the conventional sale and purchase transaction, on the condition that the agreement written in Article 1320 of the Civil Code and the agreed agreement is made in the form of an electronic contract. Often in buying and selling transactions through e-commerce, the party who is harmed is the consumer as the buyer with the contents of the previously agreed agreement not being implemented properly by the seller. These violations range from defaults to consumer disputes. By studying and analyzing case studies in the results of court decisions number 183/Pdt.G/2018/PN.Mdn, it aims to find out the judge's considerations and the legal relationship between the buyer as the Plaintiff and the Defendant and to know aspects of legal protection for the buyer in making a sale transaction. buy through e-commerce.]]>
