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.
Articles
311 Documents
<![CDATA[THE JURIDICAL BASIS OF GOVERNMENT REGULATION NUMBER 3 YEAR 2014 ON ACCELARATION DEVELOPMENT OF DISVANTAGED REGIONS REVIEW FROM THE PERSPECTIVE OF VALIDITY THEORY (Geltung) ]]>
<![CDATA[Jenar , Saptono]]>;
<![CDATA[Harvelian, Agnes]]>
<![CDATA[ IBLAM LAW REVIEW Vol. 1 No. 2 (2021): IBLAM LAW REVIEW ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM) ]]>
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DOI: 10.52249/ilr.v2i2.14
<![CDATA[Research of validity (geltung) is discussing about how a rule applied in the administration of the state and government. This research intends to examine the enactment of Government Regulations on the acceleration of development of disadvantaged regions based on legal theory. This is a normative research, using literature studies, with the statutes approach and conceptual approach, and using descriptive analysis. Through this research, it was found that government policies related to the implementation of acceleration for development of disadvantaged regions has no legal basis for its validity, and it has been put aside of the higher legal norms (hierachichal of regulations) especially Laws Number 39 year 2008. Therefore, it is recommended that every policy implementation at the level of Government Regulation must be ordered by the rigt of higher Regulations or based on concretely regulated authority by higher norms.]]>
<![CDATA[PERTANGGUNGJAWABAN PELAKU TINDAK PIDANA PENGGELAPAN TERHADAP KENDARAAN RODA EMPAT DENGAN MODUS SEWA RENTAL (STUDI PUTUSAN NO 69/PID.B/2020/PN.BBU) ]]>
<![CDATA[Gunawan, Dheri]]>;
<![CDATA[Rusli, Tami]]>
<![CDATA[ IBLAM LAW REVIEW Vol. 1 No. 2 (2021): IBLAM LAW REVIEW ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM) ]]>
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DOI: 10.52249/ilr.v2i2.15
<![CDATA[The convenience provided by rental car owners is often abused by irresponsibletenants, car damage due to improper use, used as a means of committing crimeseven to embezzlement of the car by way of selling or being pawned is a risk thatcan befall the car owner at any time. rental. As was the case with Effendi BinBunyamin, a resident of Palm Raya village, Indralaya Subdistrict, Ogan IlirRegency, South Sumatra Province, who committed embezzlement of a fourwheeled vehicle belonging to Muhammad Sholeh using rental rental mode. Theresearch method used in this thesis research is a normative juridical approachand an empirical approach. Data collection based on library research and fieldstudies. Resource persons in this study include investigators, public prosecutors,and judges. The factor that caused the defendant to embezzle four-wheeledvehicles was due to economic factors. Where the defendant needed an amount ofmoney to be used for the cost of marrying his child so that this situation forced thevictim to commit the crime of embezzlement as in decision no 69 / Pid.B / 2020 /Pn.Bbu. Criminal responsibility for the defendant, namely that the defendant wassecured by members of the Way Kanan resort police, was then detained duringthe investigation and trial process and then sentenced to prison for one year andfive months as stated in decision number 69 / Pid.B / 2020 / Pn.Bbu.Keywords: judge consideration, embezzlement, mode, rental.]]>
<![CDATA[LEGAL POLITICS OF CORPORATE CRIME IN INDONESIA ]]>
<![CDATA[Huda, Misbahul]]>
<![CDATA[ IBLAM LAW REVIEW Vol. 1 No. 2 (2021): IBLAM LAW REVIEW ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM) ]]>
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DOI: 10.52249/ilr.v2i2.16
<![CDATA[A corporation is often followed by violations or even unlawful acts, including violations of criminal law. Corporate crime can also be categorized as an organized transnational crime. At this time corporations as legal subjects can be subject to criminal charges. By accommodating the position of corporations as subjects of general criminal law, corporations can be considered as perpetrators of criminal acts like humans as legal subjects. Unlike before, where the position of the corporation as a subject of criminal law is only accommodated by laws outside the Criminal Code which regulates certain offenses. The regulation outside of the Criminal Code makes the regulation of corporations a subject of criminal law and their criminal liability differs from one regulation to another. With the regulation in the R-KUHP, of course, it will also make uniform regulations regarding corporations as a subject of criminal law, so that there is no difference. However, the regulation of corporations as a subject of criminal law, the current R-KUHP concept is still considered to have shortcomings, because it uses the identification doctrine as the basis for criminal liability]]>
<![CDATA[CASE ANALYSIS OF RATNA SARUMPAET IN SPREADING FAKE NEWS FROM CRIMINAL LIABILITY PERSPECTIVE ]]>
<![CDATA[Sakti Myharto, Wiend]]>
<![CDATA[ IBLAM LAW REVIEW Vol. 1 No. 2 (2021): IBLAM LAW REVIEW ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM) ]]>
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DOI: 10.52249/ilr.v1i2.17
<![CDATA[Ratna Sarumpaet lied to the public and to herself as if she was being mistreated by someone else which caused her face to become bruised. It was later discovered that it was the effect of plastic surgery. There are 2 formulations of the problems discussed including: 1) What is the criminal responsibility for the perpetrators of the crime of spreading false news? and 2) What is the responsibility for the fake news that Ratna Sarumpaet has committed? The research method used by the author is a normative juridical method, literature review which collects primary secondary and tertiary legal materials to be analyzed in perspective. There are two laws regulated in the Criminal Code in general and the ITE Law in particular in ensnaring Ratna Sarumpaet]]>
<![CDATA[CORRUPTION CRIMES PROJECT OF THE NATIONAL SPORTS SCHOOL AND TRAINING CENTER AT THE MINISTRY OF YOUTH AND SPORTS (Studi Putusan Nomor 2427K/Pid.Sus/2014 ) ]]>
<![CDATA[Suparmin, Entol]]>;
<![CDATA[Amsori]]>
<![CDATA[ IBLAM LAW REVIEW Vol. 1 No. 2 (2021): IBLAM LAW REVIEW ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM) ]]>
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DOI: 10.52249/ilr.v2i2.18
<![CDATA[Corruption, eradicating criminal acts of corruption, Decision No. 2427K / Pid.Sus / 2014, formulation: Is the imposition of criminal sanctions on corruption in the Ministry of Youth and Sports projects the same as the imposition of criminal acts of corruption in general, What is the basis for legal considerations for judges in imposing corruption crimes with Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption, the normative method is carried out on theoretical matters. Knowing whether the imposition of criminal sanctions on corruption is the same as the imposition of criminal acts of corruption in general. know what is the basis for legal considerations for judges in imposing crimes on perpetrators of Corruption Crime, the legal basis for adjudicating cases. The conclusion of the Judge's consideration, the imposition of additional criminal sanctions to compensate the state losses imposed on the defendant was imprisoned for 4 years and a fine, Article 2 paragraph (1) in conjunction with Article 18 of Law No. 31 of 1999 as amended by Law No. 20 of 2001 concerning the Eradication of Corruption in conjunction with Article 55 paragraph (1) 1 in conjunction with Article 65 paragraph (1) of the Criminal Code. Suggestions need evaluation In handling corruption crimes by implementing a synergy pattern between Indonesian National Police Investigators, Public Prosecutors , Prosecutor's Office, Corruption Eradication Commission.]]>
<![CDATA[STRENGTHENING REGULATION OF UNMANNED AIRCRAFT (DRONE) THROUGH LAW ]]>
<![CDATA[Al Huda, Mukhlis]]>
<![CDATA[ IBLAM LAW REVIEW Vol. 1 No. 2 (2021): IBLAM LAW REVIEW ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM) ]]>
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DOI: 10.52249/ilr.v2i2.19
<![CDATA[The development of science and technology has brought the world into the Revolution Industrial 4.0. The Industrial Revolution is marked by artificial intelligence, robotics, ecommerce, nanotechnology, automatic cars, and other innovations. Technological innovations in the world of aviation are unmanned aircraft that have begun to be used for various civilian to military purposes. Observing the increasingly massive use and utilization of unmanned aircraft, the Indonesian government through the Ministry of Transportation has issued a Regulation of the Minister of Transportation Number PM 180 of the Year concerning Control of Operation of Unmanned Aircraft Systems in Airspace Served by Indonesia and renewed by Regulation of the Minister of Transportation Number PM 47 Year 2016 concerning Amendments to the Regulation of the Minister of Transportation Number PM 180 of 2015 concerning Control of Operation of Unmanned Aircraft Systems in Airspace Served by Indonesia. Apart from having a positive impact on civilian and military activities, unmanned aircraft also have a negative impact because they are used for crimes ranging from reconnaissance, drug delivery to theoreticalism. In the Permenhub which regulates unmanned aircraft there is only administrative sanction, therefore there must be a strengthening of the regulation of unmanned aircraft which contains criminal sanctions through the Law]]>
<![CDATA[THE POSITION OF THE WTO VALUATION AGREEMENT AND INTERNATIONAL AGREEMENTS REGULATING CUSTOMS VALUES FROM THE THEORY OF APPLICABILITY OF INTERNATIONAL LAW ]]>
<![CDATA[Ardianyah, Ardianyah]]>
<![CDATA[ IBLAM LAW REVIEW Vol. 1 No. 2 (2021): IBLAM LAW REVIEW ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM) ]]>
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DOI: 10.52249/ilr.v2i2.20
<![CDATA[There is a problem in regulating the customs value in the Customs Law which contains only one article regarding the definition of customs value and rules for alternative valuation methods. Various other provisions in the WTO Valuation Agreement are not contained in the Customs Law. In order to provide clarity about the legal position of the WTO Valuation Agreement and various international instruments regulating customs values, it must be studied with the theory of the validity of international law. In terms of the theory of international law enforceability, it is concluded that the WTO Valuation Agreement has been ratified by the Law on WTO ratification and transformed by the Customs Law. Likewise, for the WTO Ministrerial Decision, even though it is separate from the WTO Valuation Agreement, because it is part of the WTO Agreement, its enforceability status and legal force are the same as the WTO Valuation Agreement. As for the legal products of the World Customs Organization (WCO) in the form of Advisory Opinions, Commentaries, Explanatory Notes, and Case Studies, they do not require validation, because they contain material of a technical nature or a technical implementer of the master agreement. In practice it can be considered by the judge because the material contained therein is considered international best practice.]]>
<![CDATA[PENERAPAN DIVERSI TERHADAP ANAK SEBAGAI PELAKU TINDAKPIDANA PENCURIAN DENGAN KEKERASAN SECARA BERSAMA-SAMA ]]>
<![CDATA[Suardi, Suardi]]>;
<![CDATA[Surya, Yayan]]>
<![CDATA[ IBLAM LAW REVIEW Vol. 1 No. 2 (2021): IBLAM LAW REVIEW ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM) ]]>
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DOI: 10.52249/ilr.v2i2.21
<![CDATA[This study provides examples of cases of children who are in conflict with the law for committing the crime of theft with violence which is carried out together whose case has been decided by the Medan High Court with its decision Number: 6/PID.SUS-ANAK/2017/PT.MDN. The formulation of the problem in the research is how to regulate the diversion of children as perpetrators of the crime of theft with violence? and how is the application of diversion in making decisions against children as perpetrators of violent theft in the Medan High Court Decision Number: 6/PID.SUSANAK/2017/PT.MDN?. The research method used by the author is a normative juridical method, which is a research that puts the law as a norm. The system of norms in question is about principles, rules of laws and regulations, court decisions, agreements and doctrines (teachings). Finally, based on the results of the study, the authors conclude that the application of diversion in making decisions against children as perpetrators of violent theft refers to Law Number 11 of 2012 concerning the Child Criminal Justice System and Law Number 35 of 2014 concerning Child Protection, especially those that regulate regarding the application of diversion to those who are in conflict with the law. In the Medan High Court Decision Number: 6/PID.SUSANAK/2017/PT.MDN, it turns out that the judge in his decision was guided by the law above so that the judge decided, even though the child (the defendant) was sentenced to prison for 10 (ten) months, does not need to be carried out by the Child, unless the Child has made peace in writing with the Child Victim or with the family of the Child Victim]]>
<![CDATA[THE POSITION AND AUTHORITY OF THE CONSTITUIONAL COURT AS ACTORS JUDICIAL POWER ]]>
<![CDATA[Nawas, Abu]]>
<![CDATA[ IBLAM LAW REVIEW Vol. 1 No. 2 (2021): IBLAM LAW REVIEW ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM) ]]>
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DOI: 10.52249/ilr.v2i2.22
<![CDATA[The paradigm regarding the structure of state institutions underwent drastic changes since the constitutional reform from 1999 to 2002. For various reasons and needs, new state institutions were formed, although some institutions were abolished. One of the institutions formed is the Constitutional Court. The Constitutional Court is designed to be a guard and at the same time an interpreter of the Constitution through its decisions. In carrying out its constitutional duties, the Constitutional Court seeks to realize its institutional vision, namely the establishment of the constitution in the context of realizing the ideals of a state of law and democracy for the sake of a dignified national and state life. This vision becomes a guideline for the Constitutional Court in exercising its judicial power independently and responsibly in accordance with the constitutional mandate. The Constitutional Court work since its presence has been considered quite significant, especially in its contribution to maintaining the law and developing democracy]]>
<![CDATA[IMPLEMENTATION OF DEFAULT SETTLEMENT THROUGH A SIMPLE LAWSUIT (Case Study Decision Number: 8/PDT.G.S/2020/PN.Yyk.) ]]>
<![CDATA[Chumbhadrika, Chitto]]>
<![CDATA[ IBLAM LAW REVIEW Vol. 1 No. 2 (2021): IBLAM LAW REVIEW ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM) ]]>
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DOI: 10.52249/ilr.v2i2.23
<![CDATA[In the principle of civil procedural law in Indonesia, one of which is the principle of simple, fast and low cost. The process of settling a simple lawsuit or commonly referred to as a small claim court is a procedure for examining a civil lawsuit with a maximum value of Rp. 500,000,000 million which was solved with simple procedures and proofs. Problem formulation: 1). How is the simple lawsuit mechanism according to the Supreme Court Regulation Number 2 of 2015 as amended by PERMA Number 4 of 2019 in the implementation of the simple lawsuit trial? And what is the judge's consideration in Decision Number 8/PDT.G.S/2020/PN.Yyk regarding a simple lawsuit? The application of the research method is in the form of normative juridical, meaning that the issues raised, discussed and described in this study are focused on applying the rules or norms in positive law. This study discusses the parties in the Small Claim Court consisting of plaintiffs and defendants, both individuals and legal entities, each of which cannot be more than one, unless they have the same legal interest. The place of residence as stated in Article 4 paragraph (3a) of Perma Number: 4 of 2019 which states that "in the event that the Plaintiff is outside the jurisdiction of the Defendant's residence or domicile, the Plaintiff in filing a lawsuit appoints a proxy, incidental power of attorney, or representative who address in the jurisdiction or domicile of the Defendant with a letter of assignment from the institution”.]]>
