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INDONESIA
Journal Indonesia Law and Policy Review (JILPR)
Published by INTERNATIONAL PENELITI EKONOMI, SOSIAL, DAN TEKNOLOGI
ISSN : -     EISSN : 2715498X     DOI : https://doi.org/10.56371/jirpl.v3i3
Core Subject : Humanities, Social,
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 238 Documents
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Law Enforcement Against Criminal Acts of Corruption in The Form of Abuse of Authority in Office Based on The Law on Eradication of Corruption Crimes OP.Sunggu, Eben Patar; Marbun, Warasman; Hartanto
JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 2 (2024): Journal Indonesia Law and Policy Review (JILPR), February 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i2.231

Abstract

The concept of abuse of authority in the Government Administration law is seen by several legal experts as the same as the concept of abuse of authority because it is the absolute competence of the Administrative Court in the Corruption Eradication law. The research method used is Case Study Decision Number Case Study Decision Number 218 PK/PID.SUS/2019 and Decision Number 143 PK/PID.SUS/2019, where both decision cases involve criminal acts of corruption in the form of abuse of authority in office. Based on Law no. 31 of 1999 Jo Law no. 20 of 2021 concerning the Eradication of Corruption Crimes. The conclusion is that the application of sanctions against criminal acts of corruption in Decision Number 218 PK/Pid.Sus/2019 and Decision Number 143PK/Pid.Sus/2019, the panel of judges imposed imprisonment/imprisonment and fines, the imposition of fines as an implementation of the balance value can be applied as long as In certain circumstances, the perpetrator of a criminal act of corruption is not a recidivist, then as a balanced punishment, apart from imposing a fine, assets can also be confiscated, this is so that the imposition of the fine can be used as a lesson or legal perspective for the wider community, rather than just being sentenced to imprisonment/ prisons are indeed less effective, because in the implementation of confinement/imprisonment sentences there are still leniencies which do not actually have a deterrent effect on perpetrators of criminal acts.
Analysis of the Director General of Islamic Bimas Circular Letter Concerning Husband's Marriage During the Wife's Iddah Period Miftahudin, M.
JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 2 (2024): Journal Indonesia Law and Policy Review (JILPR), February 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i2.233

Abstract

Marriages are carried out with the aim of achieving peace, inner and outer happiness, but along the way the marriage does not turn out as expected. There are many breakdowns in marriages. Not a few marriages even occur among ex-husbands during the Iddah period. This is not permitted considering that the husband still has responsibilities towards his wife who is still in the Iddah period. Based on this, this research aims to analyze husbands' marriage problems during the wife's iddah period at the East Lampung Religious Affairs Office, and after studying the Circular Letter of the Director General of Islamic Community Guidance Number P-005/DJ.III/Hk.00.7/10/2021. The method used in this research is descriptive analytical qualitative with secondary data and primary data from documents from the East Lampung Religious Affairs office. Data collection techniques were carried out using interviews, documentation, literature documents. The research results stated that the Circular Letter of the Director General of Islamic Guidance Number P-005/DJ.III/HK.00.7/10/2021 concerning Husband's Marriage during the Wife's Iddah Period prohibits husbands from marrying. The aim of this circular is to create gender justice and benefit between couples in iddah arrangements.
LEGAL CERTAINTY IN PROVIDING LABOR PROTECTION GUARANTEES FOR HOME WORKERS IN INDONESIAN LABOR LAW Jan Parlindungan; Budiman, Anwar; Saefullah, Saefullah
JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 3 (2024): Journal Indonesia Law and Policy Review (JILPR), June 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i3.239

Abstract

In Indonesia and in developed and even developing countries, labor is divided into two, namely, formal labor and informal labor. Homeworkers are considered not to be employed by “employers” directly because they are sub-contracted or in other words informal workers, they are not given the protection provided by law to other workers (workers in the formal sector). The purpose of this study is to determine and analyze the legal uncertainty in providing labor protection guarantees for home workers in Indonesian labor law and to understand and analyze a form of legal certainty in providing home worker protection guarantees in Indonesian labor law. This research method is a normative legal research with a normative juridical approach and analyzed qualitatively. The results of this study provide the conclusion that the current Manpower Law does not specifically and specifically address homeworkers causing legal uncertainty of protection guarantees for homeworkers and efforts that can be made to provide legal certainty for the protection of homeworkers are to ensure that homeworkers carry out their work based on work agreements, and the Government through the Ministry of Manpower must immediately make and pass laws that clearly and explicitly regulate the labor rights of homeworkers.
THE INTERSECTION OF HEALTH LAWS AND HUMAN RIGHTS IN THE CONTEXT OF HIV-POSITIVE COUPLES Sesulih, Retno; Noor, M. Tauchid; Adriano
JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 3 (2024): Journal Indonesia Law and Policy Review (JILPR), June 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i3.249

Abstract

Legal protection for partners of persons living with HIV (PLHIV) is the subject of this study. This study employs a form of normative juridical research that combines conceptual and statutory methodologies. A literature review was conducted to collect and analyze all legal materials utilized in this research. Deductive legal materials were employed for analysis. These are the outcomes of this research: 1) The relationship between health law and human rights in couples comprising people living with HIV (PLHIV) is reciprocal. Human rights violations frequently lead to health disruptions, and conversely, infringements upon the right to health constitute human rights violations. In the same way that health services must be universal and not discriminatory in accordance with the right to health, it is impermissible to deny access to health services to patients, including those who are partners of people living with HIV (PLHIV). 2) Legal protection for partners of persons living with HIV (PLHIV) is governed by the ICESCR, the ICCPR (Human Rights Law), and health-related legislation, including Health Law No. 17 of 2023. Human rights legislation is a reflection of societal values, specifically tolerance and nondiscrimination. Nonetheless, this legislation has yet to manifest empathy due to the absence of a concern-filled attitude towards the partners of individuals living with HIV.
EFFECTIVENESS OF IMPLEMENTING SANCTIONS IN THE FORM OF RETURN TO PARENTS AND SUPERVISION OF CHILDREN PERPETRATOR OF THE CRIME OF THEFT Efendi, Taufik
JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 3 (2024): Journal Indonesia Law and Policy Review (JILPR), June 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i3.250

Abstract

According to Article 82 paragraph (1) letter a of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, it is explained that sanctions that can be imposed on children include returning them to their parents/guardians. In the Banda Aceh District Court from 2015 to August 2016 there were 12 cases in which the perpetrators were children, but only 6 cases resulted in a decision to return the action to the parents. The purpose of writing this article is to explain the judge's considerations in imposing sanctions for returning parents, indicators of the effectiveness of implementing sanctions for returning parents to children who commit criminal acts and to explain the monitoring mechanism for the implementation of sanctions for returning parents. that the judge's considerations in imposing sanctions for returning parents are based on the severity of the crime committed and whether the person concerned has ever committed a crime or not. Applying the sanction of returning parents to children who commit criminal acts is considered better than imposing other sanctions, because children will receive direct supervision and education from their parents, and children will also avoid being labeled and/or branded as perpetrators of criminal acts by society. The monitoring mechanism for the implementation of sanctions for returning to parents is carried out by the Correctional Center (Bapas) for 3 (three) months and the results of supervision from the Bapas regarding children who are returned to their parents are that the child has good behavior such as taking part in community activities where he lives, such as attending recitations and carrying out social activities such as mutual cooperation.
MEDICAL DISPUTE RESOLUTION BETWEEN PATIENTS AND MEDICAL PERSONNEL Putra, Putu Harry Suandana; Kemalasari, Ni Putu Yuliana; Putra, I Gusti Made Maha
JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 3 (2024): Journal Indonesia Law and Policy Review (JILPR), June 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i3.252

Abstract

Hubungan antara dokter dan pasien terletak pada adanya persetujuan tindakan medis dan perjanjian terapeutik. Pelanggaran terhadap persetujuan tindakan medis atau perjanjian terapeutik dapat berupa perbuatan melawan hukum atau wanprestasi. Dokter dalam melakukan tindakan medis tidak luput dari kesalahan atau kelalaian. Kesalahan atau kelalaian dokter ini dapat juga dikualifikasi sebagai perbuatan melawan hukum. Untuk menentukan ada atau tidaknya kesalahan dokter dalam melakukan tindakan medis, maka pasien berdasarkan ketentuan Pasal 304 jo Pasal 305 ayat (1) Undang-Undang Nomor 17 Tahun 2023 tentang Kesehatan dapat mengadukan ke Majelis Penegakan Disiplin Tenaga Medis dan Tenaga Kesehatan yang dibentuk Menteri Kesehatan. Namun, hingga saat ini mejelis tersebut belum terbentuk sebagaimana maksud dalam Pasal 304 ayat (5). Selanjutnya setelah melewati proses dalam Majelis Penegakan Disiplin Tenaga Medis dan Tenaga Kesehatan, pasien atau keluarganya yang mengalami kerugian akibat tindakan medis maupun tindakan dari tenaga kesehatan harus menyelesaikan perselisihan melalui alternatif penyelesaian sengketa di luar pengadilan. Tata cara alternatif penyelesaian sengketa medis hingga saat ini belum diatur dalam peraturan pemerintah. Bagaimana penyelesaian sengketa medis yang terjadi antara tenaga medis dan pasien? Bagaimana perlindungan hukum terhadap pasien yang menjalani rawat inap di rumah sakit? Metode penelitian yang digunakan adalah penelitian yuridis normatif. Penyelesaian sengketa medis harus dilakukan sesuai dengan ketentuan Pasal 304 dan 310 Undang-Undang Nomor 17 Tahun 2023 tentang Kesehatan. Sementara itu, perlindungan hukum terhadap pasien yang berada di rumah sakit dilakukan berdasarkan ketentuan Pasal 184 jo Pasal 189 Undang-Undang Nomor 17 Tahun 2023 tentang Kesehatan. Apabila terjadi sengketa antara rumah sakit, dokter, dan pasien, maka penyelesaian sengketanya harus diselesaikan melalui Majelis Penegakan Disiplin Profesi Tenaga Kesehatan dan Tenaga Medis serta terlebih dahulu dilakukan penyelesaian perselisihan sebelum ke pengadilan. Ketentuan Pasal 310 membuka peluang adanya pelbagai lembaga mediasi dan arbitrase kesehatan.
LEGAL PROBLEMS IN INDEPENDENCE REPRESENTING OPINIONS IN PUBLIC AND SOCIAL MEDIA AS DEFAMATION Nanang Narundana, Joni
JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 3 (2024): Journal Indonesia Law and Policy Review (JILPR), June 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i3.253

Abstract

Identify legal problems that arise related to the freedom to express opinions in public and on social media as a potential for preventing defamation according to Law Number 19 of 2016 concerning Amendments to Law of the Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions. This research is a conflict between freedom of opinion and protecting an individual's good name in the context of existing regulations. The research method used is normative juridical analysis or reviewing existing legal documents and reviewing related literature. The research results show the complexity of interpreting the law, which requires a balance between freedom of expression and protection of individual honor. The implication of this research is the need for careful and contextual interpretation of laws to avoid abuse and maintain a balance between individual rights and societal interests in the digital space.
IMPLICATIONS OF REVERSE PROOF AS AN EFFORT TO ERADICATE CRIMINAL ACTS OF CORRUPTION AND RETURN STATE ASSETS Ardiansyah, Muh. Rustiawan
JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 3 (2024): Journal Indonesia Law and Policy Review (JILPR), June 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i3.254

Abstract

The crime of corruption is a large and systemic problem and is also a legal issue involving a type of crime that is complicated to overcome. One of the reasons why it is difficult to eradicate corruption is the difficulty of proving it, because the perpetrators of this crime carry out their crimes very neatly. To solve the problem of the difficulty of proving criminal acts of corruption, one of the efforts that can be taken by the government through penal means is to apply reverse evidence to corruption cases. The return of state assets corrupted by the perpetrators must be the main focus, considering that the losses and damage caused are very miserable for the people. For this reason, in connection with the description of the problem above, the author is interested in studying the dynamics of the problem of evidence in cases of criminal acts of corruption which in the end can restore maximum state assets. In this research, the method used is a normative legal research method with a literature study approach with a focus on legal studies which is linked to the effectiveness of reverse evidence. The results of the research are that the evidence in the corruption trials of the four corruption cases has referred to the dimension of mutual proof or balanced evidence between the Public Prosecutor and the defendant, but has not yet maximally applied limited and balanced reverse evidence. So the evidence applied is evidence of a general nature and is based on the theory of negative evidence based on law (negatief wettelijk bewijstheorie), which is regulated in Article 183 of the Criminal Procedure Code.
ENHANCING INTERNATIONAL COOPERATION FOR SHIP AND PORT FACILITY SECURITY TO ADDRESS SECURITY DISRUPTIONS Ubjaan, Mexi Miano; Pramono, Agung; Pramono, Budi
JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 3 (2024): Journal Indonesia Law and Policy Review (JILPR), June 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i3.256

Abstract

Port security is a crucial component of maritime security that plays a vital role in facilitating economic activity at sea, particularly in the transit of people, commodities, and services. The terrorist assault on September 11, 2001, commonly referred to as 9/11, resulted in the destruction of the twin towers of the World Trade Centre (WTC) in New York, United States. This event served as the catalyst for the adoption of the International Ships and Port Facility Security Code (ISPS Code) across all port facilities. It is desired that acts of terrorism, narcotics smuggling, illegal drug trafficking, piracy, and theft do not take place. The objective of this study is to examine the execution of security system policies, the compliance of port facility facilities and infrastructure, and the necessary measures to regulate and meet these facilities and infrastructure. The ultimate goal is to reduce and prevent potential security risks to port facilities. Several member countries of the International Maritime Organisation (IMO) are driven to amend the international convention, commonly referred to as the International Ship and Port Facility Security Code (ISPS Code), or the International Code pertaining to the security of ships and port facilities, with the aim of guaranteeing the safety of ships and port facilities.
STATE AUTHORITY FOR HEALTH SERVICES FOR PATIENTS IN INDIGENT STATUS Sari, Betty Yunita; Huda, Mokhamad Khoirul; Nugraheni, Ninis
JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 3 (2024): Journal Indonesia Law and Policy Review (JILPR), June 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i3.257

Abstract

The objective of this research is to determine the legal framework regarding the role of the state in providing health services and to identify the legal safeguards available to impoverished individuals seeking healthcare in hospitals. This research employs normative juridical research methods, which involve a statutory and conceptual approach. The findings of this study indicate that the state's responsibility in fulfilling the right to health, as outlined in Law No. 17 of 2023 on Health and Law No. 24 on the Social Security Agency for Health (BPJS), lacks consistency in terms of the essence and substance of state responsibility. It has been demonstrated that there are still a significant number of economically disadvantaged individuals in Indonesia who qualify as recipients of contribution assistance (PBI). Additionally, patients are currently lacking legal protection in relation to their entitlement to receive services at a hospital, as stipulated in Article 189 of Law number 17. This refers to the state's obligation to ensure the right to health by offering sufficient and easily accessible healthcare facilities for all segments of the population. The state bears the primary obligation to ensure the fulfilment of its citizens' right to health as mandated by the constitution. States shall prioritise and ensure the realisation of the right to health without any kind of neglect or disregard.

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