Journal Indonesia Law and Policy Review (JILPR)
Journal Indonesia Law and Policy Review (JILPR) is an international, peer-reviewed journal publishing articles on all aspects of LAW, POLICY REVIEW and SOCIAL SCIENCES. Journal Indonesia Law and Policy Review (JILPR) welcomes submissions of the following article types: (1) Papers: reports of high-quality original research with conclusions representing a significant advance, novelty or new finding in the field; (2) Topical Reviews: written by leading researchers in their fields, these articles present the background to and overview of a particular field, and the current state of the art. Topical Reviews are normally invited by the Editorial Board; (3) Comments: comment or criticism on work previously published in the journal. These are usually published with an associated Reply. Journal Indonesia Law and Policy Review (JILPR) publishes three (February, June, October) issues per year, published by IPEST, International Peneliti Ekonomi, Sosial and Teknologi. Article must publish in English.
Articles
238 Documents
<![CDATA[Implementation of Criminal Responsibility Arrangements for Perpetrators of Prostitution ]]>
<![CDATA[Kojongian, Rahayu]]>
<![CDATA[ JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 1 (2023): Journal Indonesia Law and Policy Review (JILPR), October 2023 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v5i1.218
<![CDATA[Prostitution is an act that is morally and mentally damaging which can also destroy the integrity of the family. Still, positive law itself does not prohibit perpetrators of the practice of prostitution but only prohibits those who provide a place or facilitate the practice of prostitution. This research aims to understand and find out the philosophy of the existence of criminal liability regulations for perpetrators of prostitution. The research method used is Empirical Legal Research using empirical facts taken from human behavior, both verbal behavior obtained from interviews and real behavior carried out through direct observation. Because this research examines people in their living relationships in society, the empirical legal research method can be said to be sociological legal research taken from facts in a society, legal entity or government agency. The research results show that the provisions of the Criminal Code can only be used to trap pimps/pimps/prostitute prostitutes. Meanwhile, articles that can be used to trap prostitutes/users are regulated in each regional regulation. So, the handling of prostitution cases depends on the location of the area where the crime occurred. Apart from that, criminal charges for prostitutes can be related to the article on adultery, which is regulated in Article 284 of the Criminal Code.]]>
<![CDATA[Legal Position on The Concept of Civil Relations with Respect to Out of Wedding Children ]]>
<![CDATA[Novi, Merry Marcella]]>;
<![CDATA[Usman, Rachmadi]]>;
<![CDATA[Nurunnisa]]>
<![CDATA[ JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 2 (2024): Journal Indonesia Law and Policy Review (JILPR), February 2024 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v5i2.221
<![CDATA[Analyzing the position or legal status of illegitimate children from a Civil Law perspective and analyzing whether or not illegitimate children have the right to inherit from their biological father. Theoretically, the results of this research can be useful and contribute ideas to society in understanding what is meant by the relationship with the legal position of illegitimate children in the concept of civil law. Practically, it can provide input for legal practitioners so that it can be used as a basis for thinking in terms of the legal position of illegitimate children in the concept of civil law. The first research result obtained is to know the position of illegitimate children in a civil law perspective which is divided into 2 (two), namely children who are born out of wedlock, but can be recognized in an authentic way and children who are born out of wedlock but cannot be recognized. The second research result is that illegitimate children who have received recognition from their biological father have the right to inherit from their biological father based on Constitutional Court Decision Number 46/PUU-VIII/2010 which decides that Article 43 Paragraph (1) of the Marriage Law which must then be read with "children born out of wedlock only have a civil relationship with their mother and their mother's family and with a man as their father who can be proven based on science and technology and/or other evidence according to law to have a blood relationship, including a civil relationship with their father's family ”. However, the distribution measurement still refers to the Civil Code.]]>
<![CDATA[Ghosting Phenomenon in Interpersonal Communication of Bumble Application Users ]]>
<![CDATA[Ramadini, Fadia]]>;
<![CDATA[Radjagukguk, Djujur Luciana]]>
<![CDATA[ JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 2 (2024): Journal Indonesia Law and Policy Review (JILPR), February 2024 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v5i2.222
<![CDATA[Technological developments have made it easier for humans to build interpersonal relationships, one of which is using dating apps. One phenomenon that is often found in dating apps is the ghosting phenomenon. The ghosting phenomenon is an indirect termination of relationships that can hinder communication. However, many adult couples often fail or experience a breakup when they are at the approach stage. In general, someone experiencing the termination of a relationship or losing a partner can be a very traumatic and sad experience and can disrupt a person's mental health. This research aims to find out at what stage the ghosting phenomenon occurs in interpersonal communication on the dating app Bumble. This research uses a phenomenological research method with a qualitative approach, data collection techniques of in-depth interviews and observation. The theory used is the Social Penetration Theory which has four stages in a relationship, namely the orientation stage, affective exploratory exchange, affective exchange and stable exchange. The results of this research show that the ghosting phenomenon can occur at every stage of a relationship, during the introduction stage or when the relationship is already close to each other. This experience of ghosting behavior also creates communication barriers between people and leaves the victim feeling uncomfortable.]]>
<![CDATA[Meme Symbolization in New Media as A Representation of Political Communication in The Digital Space ]]>
<![CDATA[Humaini]]>;
<![CDATA[Satyo, Nur]]>
<![CDATA[ JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 2 (2024): Journal Indonesia Law and Policy Review (JILPR), February 2024 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v5i2.223
<![CDATA[This research wants to see the meme symbol as a representation of political communication in the new media or digital space. What new media and digital space conveyed by Jurgen Habermas are used as public spaces, where users can interact and transact in new meida digital spaces. The presence of new media and digital space in the midst of society provides a variety of choices for the public to determine what information and messages will be carried out when the mass media is in front of them in their daily life. Therefore, this research focuses on a meme terminology. Memes in mass media and digital space are often found in various styles. But what's interesting is how memes themselves are contextualized in the context of political communication. Research using a qualitative approach is of course in the form of obtaining data and describing the data, according to field data]]>
<![CDATA[Implementation of Debtor Law in Force Majeure Credit Financing During The Covid-19 Pandemic ]]>
<![CDATA[Wulandari, Mila Dianur]]>;
<![CDATA[Mahmudah, Siti]]>
<![CDATA[ JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 2 (2024): Journal Indonesia Law and Policy Review (JILPR), February 2024 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v5i2.224
<![CDATA[The COVID-19 pandemic has had an impact on the economy, especially the people of Kudus Regency. This research uses an empirical juridical approach, namely an approach that examines statutory regulations related to the issues to be discussed, and also takes a field approach to obtain information as supporting material. This research aims to analyze the implementation of the law and the legal consequences for debtors in Force Majeure in credit financing during the COVID-19 pandemic at PT. Bank Rakyat Indonesia Kudus Regency Unit Office. Implementation of law on debtors in Force Majeure credit financing during the COVID-19 pandemic at PT. BRI Kudus Regency Unit Office in accordance with POJK No.11 of 2020, the Bank can provide credit financing restructuring to debtors provided that the debtor is affected by the spread of COVID-19 which results in the debtor having difficulty fulfilling obligations to the Bank.]]>
<![CDATA[Dispute over Sasak Customary Inheritance Rights and the Evolution of Granting Inheritance Rights to Girls ]]>
<![CDATA[Makhrup, Abdul Gani]]>
<![CDATA[ JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 2 (2024): Journal Indonesia Law and Policy Review (JILPR), February 2024 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v5i2.225
<![CDATA[A central concern in disputes concerning customary inheritance rights within the Sasak community of West Nusa Tenggara, Indonesia, pertains to the allocation of inheritance rights to daughters. This article examines recent modifications to the Sasak custom of granting inheritance rights to females, in addition to the historical and cultural context surrounding these rights. In accordance with empirical normative research, the author demonstrates that traditional inheritance practices are shifting to grant daughters inheritance rights. Multiple factors, including modernization, the legalization of gender issues, and social demands, support this. The complexities of granting females inheritance rights in traditional Sasak society and the resulting social and cultural transformations in the region are examined in this study. In Sasak customary law, the following elements contribute to disputes over the inheritance of girls: 1). Religious factors impede the development of customary law and legal choice ("in every legal choice, people will choose the law that is most profitable"); 2). Social relations and justice factors, as forces suppress every old law and switch to new ones; and 3) Factors of justice and social relations. 3. Legal subsystems and structural factors, which are an integral part of every legal system.]]>
<![CDATA[Function Of Notary In The Appointment Of Extra-Marital Children As Testamento Heirs ]]>
<![CDATA[Sari, Emala]]>;
<![CDATA[Gozali, Djoni Sumardi]]>;
<![CDATA[Hafidah, Noor]]>
<![CDATA[ JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 2 (2024): Journal Indonesia Law and Policy Review (JILPR), February 2024 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v5i2.226
<![CDATA[In inheritance law, it has been regulated regarding inheritance for extra-marital children differently in accordance with the principles regulated by civil inheritance law which certainly rests on justice. In a condition where an extra-marital child who does not get recognition, can get inheritance through testamentair or will. The granting of a will containing efrstelling in the form of an openbaar testament to an unrecognized extra-marital child is an effort to fulfill a sense of justice. Justice is basically a relative thing, which does not always have to be the same, something can be said to be fair if it has done something according to the appropriate provisions. As the concept of distributive justice put forward by Aristotle, namely justice that gives everyone a portion according to their achievements. This legal research method is normative legal research. The approaches in this research are statutory, and conceptual approaches. The results of this study state that wills containing efrsteling against unrecognized extra-marital children in the form of openbaar terstamen have provided a sense of justice. This is because the Openbaar testament to an unrecognized extra-marital child has fulfilled the provision of rights to all heirs including extra-marital children who get a share in the inheritance, in other words, the principle of justice has been fulfilled due to the openness of the testator made before a notary and in the presence of witnesses. The notary plays a role in providing legal counseling to the person who will make a testament on an extra-marital child. The granting of Openbaar Testamen to extra-marital children has fulfilled a sense of justice. This is because the Openbaar Testament is an open form of testament so that the child outside of marriage can know the part to which he is entitled.]]>
<![CDATA[Implementation Of Death Crime Executions for Class I Narcotics Distributors ]]>
<![CDATA[Susanto, Hadi]]>;
<![CDATA[Pratiwi, Siswanti]]>;
<![CDATA[Marbun, Warasman]]>
<![CDATA[ JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 2 (2024): Journal Indonesia Law and Policy Review (JILPR), February 2024 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v5i2.228
<![CDATA[The enactment of Law Number 35 of 2009 concerning Narcotics, types of Psychotropics class I and class II as stated in the attachment to Law Number 5 of 1997 concerning Psychotropics have been moved to Narcotics class I in Law Number 35 of 2009 concerning Narcotics and the attachment regarding types of Psychotropics class I and class II in Law Number 5 of 1997 concerning Psychotropic Substances are revoked and declared invalid. With this figure, the level of narcotics use in Indonesia is the largest in Asia. Indonesia is considered a drug emergency, the process of executing the death penalty does not have a deterrent effect on drug dealers or smugglers. The problem is, how to carry out the execution of the death penalty for class I narcotics dealers and what are the obstacles to not immediately carrying out the death penalty for class I narcotics dealers. The research method used is Empirical Normative Legal Research. In conclusion: The death penalty imposed by a court in a general court or military court environment is carried out by being shot to death. This provision does not reduce existing provisions in the criminal procedural law regarding carrying out court decisions. Based on Law No. 35 of 2009 concerning Narcotics. And the factors that cause obstacles in the implementation of the death penalty include legislative factors (legal substance), law enforcement factors, means and facilities factors, and community factors.]]>
<![CDATA[Enforcement of the Criminal Act of Trafficking in Women ]]>
<![CDATA[Ridho, Rendy Arsy]]>;
<![CDATA[Pratiwi, Siswantari]]>;
<![CDATA[Mardani]]>
<![CDATA[ JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 2 (2024): Journal Indonesia Law and Policy Review (JILPR), February 2024 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v5i2.229
<![CDATA[Cases of human trafficking in Indonesia are currently very widespread. Apart from being used as sexual exploitation in Indonesia, the most common cases of human trafficking in Indonesia are cases of prostitution where people are trafficked in providing sexual services that can be ordered online. This of course creates unrest among the wider community. There are so many cases of human trafficking in cyberspace that occur and of course many of these cases have not been revealed because apart from the performance of law enforcement officers, it is also due to the inadequate legal regulations and criminal sanctions in dealing with human trafficking cases in cyberspace. cyberspace. The provisions in Law Number 19 of 2016 concerning Electronic Information and Transactions and Law Number 21 of 2007 concerning the Eradication of the Criminal Act of Human Trafficking do not regulate in detail all aspects regarding sanctions, elements and other matters regarding human trafficking. in cyberspace, both from Law Number 19 of 2016 concerning Electronic Information and Transactions and Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking and it is felt necessary to revise or further refine existing regulations so that later criminal sanctions can be imposed. These regulations can be used as a countermeasure. In this research, researchers try to examine the case of Decision Number 841/Pid.Sus/2019/PN Mdn and Decision Number: 180/Pid.Sus/2016/PN Psp, Decision Number 841 / Pid.Sus / 2019 / PN Mdn and in the research This time, researchers tried to examine the case of Decision Number 841/Pid.Sus/2019/PN Mdn and Decision Number: 180/Pid.Sus/2016/PN Psp, Decision Number 841 / Pid.Sus / 2019 / PN Mdn with the defendant named Mujiono alias Edak is an entrepreneur whose address is Hamlet III, Liberia Village, Kec. Mengkudu Bay District. Serdang Bedagai. The public prosecutor has submitted the defendant to trial on the charge of declaring that the defendant MUJIONO als EDAK has been legally and convincingly proven to have committed a criminal act ", who carried out recruitment, for the purpose of exploiting said person in the territory of the Republic of Indonesia" as regulated and punishable by crime in Article 2 of the Law Number 21 of 2007 concerning Eradication of the Crime of Human Trafficking.]]>
<![CDATA[Criminal Responsibility of Criminal Acts of Hate Speech Through Social Media ]]>
<![CDATA[Marbun, Tua Napitulu Warasman]]>;
<![CDATA[Hartanto]]>
<![CDATA[ JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 2 (2024): Journal Indonesia Law and Policy Review (JILPR), February 2024 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v5i2.230
<![CDATA[The development of information technology has changed the lifestyle of Indonesian people, including expressing their opinions through various social networking sites such as Facebook, Instagram, Twitter, WhatsApp and various other types of social media. The research method used isNormative legal research is a legal research method that examines applicable legal provisions.Freedom to express written and oral opinions has become the right of every Indonesian citizen which is regulated in Article 28 of the 1945 Constitution of the Republic of Indonesia. In this era, people can easily access social media and express their opinions. Every opinion must be accountable and must not conflict with existing norms. Unlimited freedom of opinion can result in criminal acts of hate speech. Case Study of Decision Number 914/Pid.Sus/PN.Jkt.Pst and Decision Number 63/Pid.Sus/2019/PN.Sdw, where in both cases the decision involved criminal acts of hate speech. The crime of hate speech in Indonesia has not been specifically regulated in any statutory regulations. Criminal liability for perpetrators of criminal acts of hate speech on social media is generally regulated in the Criminal Code (KUHP) and in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions.]]>
