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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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IMPLEMENTATION OF ENVIRONMENTALLY SUSTAINABLE PROCUREMENT OF GOODS AND SERVICES IN THE WEST KALIMANTAN PROVINCIAL GOVERNMENT Nur Aliuddin; Petrus; Nafsiatun
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.v5i3.264

Abstract

This study examines the implementation of the Green Public Procurement (GPP) policy in West Kalimantan using the perspective of Meter and Horn's (1975) theory. This theory posits that policy implementation will be successful if small changes and goal consensus are achieved. However, the implementation of GPP in West Kalimantan is not yet optimal due to generic policy standards, lack of inter-organizational collaboration, weak coordination, and lack of commitment from implementers. The author developed a Sustainable GPP Policy Implementation Model that includes the dimensions of normative instruments, policy resources, implementation activities, and actor compliance. This model adds crucial components of leadership and collaboration to policy implementation. The author offers several recommendations to improve GPP implementation, including strengthening the legal framework, providing incentives for policy implementers, developing comprehensive operational procedures, and establishing partnerships with academics for further research.
LEGAL RESPONSIBILITIES OF THE INDEPENDENT INSTITUTION AS THE ASSESSOR OF ACCREDITATION OF GOVERNMENT HOSPITALS Nabella, Tamima Izzat; Asmuni, Asmuni; 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.v5i3.265

Abstract

There are still cases of hospital accreditation manipulation, highlighting the importance of the existence of independent institutions as assessors of government hospital accreditation. Therefore, two research questions arise: the regulation of independent institutions as assessors of government hospital accreditation and the administrative legal accountability of independent institutions as assessors of government hospital accreditation. This study is a normative legal research employing several approaches, including legislative approach, conceptual approach, and comparative approach. The results show that the authorization given to independent institutions in accrediting hospitals is regulated by Law Number 17 of 2023 concerning Health, aiming to create consistency, harmony, systematicity, and synchronicity in efforts to improve the quality of health services. These provisions are reinforced by regulations such as the Hospital Law, Minister of Health Regulation Number 12 of 2020, and Minister of Health Decree Number HK.01.07/MENKES/406/2020 jo. Minister of Health Decree Number HK.01.07/MENKES/6604/2021, and Minister of Health Decree Number HK.01.07/MENKES/1128/2022, demonstrating the accountability, consistency, and systematic nature of the legal basis needed. The administrative legal accountability of independent institutions as assessors of government hospital accreditation has administrative legal consequences, namely the revocation of the Minister of Health's decree that approves their status as hospital accreditation providers.
LEGAL PROTECTION FOR HEALTH WORKERS IN HANDLING EMERGENCY PATIENTS Widodo, Nanang; Adam HR, Muhammad
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.v5i3.266

Abstract

The objective of this article's research is to ascertain the legal protection of healthcare professionals who provide emergency patient care. A qualitative research method with a descriptive approach that is juridically normative is employed. Literature analysis is implemented as the methodology for data acquisition. The findings indicated that health professionals are legally and ethically obligated to provide assistance to all emergency patients, even if the action is taken without the patient or family's consent, as the objective is to prevent patients from suffering disability and saving lives. Legal protection must be provided to health personnel who engage in such behaviours. The author's recommendation is that all health facilities establish standard operating procedures for the treatment of emergency patients. These procedures serve as a legal foundation for health personnel to provide assistance to emergency patients.
LEGAL PROTECTION FOR HOLDERS OF DEPOSITS AS A FORM OF INVESTMENT AVAILABLE IN BANK Supriyadi, Ahmad
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.v5i3.273

Abstract

Legal protection is something that is very important considering that banks are financial institutions which in all their activities cannot be separated from the role of their customers, because the legal relationship between customers and banks is a legal relationship created based on trust (fiduciary relationship). A Certificate of Deposit or Certificate of Deposits is a product issued by a bank as a securities tool or instrument used to make payments in a transaction. Therefore, to foster public trust in banking institutions, steps need to be taken to protect the interests of depositors so that time deposit funds stored in a bank are guaranteed to be safe from all risks that may arise in the future. Providing legal protection to depositors is also related to the bank's operational potential. The formulation of the problem is what is the position of issuing deposit certificates in banking? and what form of legal protection is required by deposit holders in carrying out legal relations with banks?The form of research used in the research is normative juridical research. The results of this research are that the position of issuing deposit certificates is regulated in more detail in terms of the position of deposit certificates as securities that can be owned by all binding persons and their issuance can be reviewed from Financial Services Authority Regulation Number 10 /PJOK.03/2015 concerning the issuance of Deposit Certificates by Banks where deposit certificates can be issued in the form of scripless or scripless. AndThe legal relationship between the bank and the depositor is that they are essentially bound by an agreement where each party has the rights and obligations to fulfill the contents of the agreement. With the existence of an agreement, a relationship exists between the bank and the customer, where this relationship must be maintained by each party, especially the bank, by paying attention to the principles, namely the principle of trust, the principle of confidentiality, and the principle of prudence. Based on the provisions of Article 1 number 5 of Law Number 10 of 1998, between banks and customers is regulated by agreement law. So that the basis of the legal relationship between the bank and the customer is a contractual relationship. This means that once a customer enters into a contractual agreement with the bank, the engagement that arises is an engagement based on a contract (agreement).
CORPORATE CRIMINAL LIABILITY IN ENVIRONMENTAL POLLUTION CRIMES Setiawan, Deny; Marbun, Warasman; Patramijaya, Arief
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.v5i3.274

Abstract

Environmental law is a set of regulations that regulate the protection and management of the environment. Environmental protection and management is a systematic and integrated effort carried out to preserve environmental functions and prevent environmental pollution and/or damage through structuring, utilization, control, maintenance, supervision and law enforcement.The problems in this journal are:What is the criminal responsibility of corporations as perpetrators of criminal acts of environmental pollution and how?efforts to overcome environmental pollution resulting from criminal acts of environmental pollution committed by corporations.The research method was carried out by methodnormative legal research/normative juridical legal research. This research was conducted to identify the application of corporate criminal responsibility teachings in criminal law enforcement. Based on this research, it can be understood that corporate criminal acts in the environmental sector have widespread and complex negative impacts so that they not only cause direct losses to society and the environment but also disrupt the financial and economic stability of the country, considering that environmental criminal acts are carried out with economic motives. The impact on society includes material losses, health and safety problems, and social and moral losses, namely damage to public trust in business behavior. Administrative environmental law functions to resolve the problem of their actions (environmental pollution), civil environmental law functions to provide legal protection to victims of pollution, and criminal environmental law functions to resolve the problem of polluters (perpetrators of pollution).
LEGAL PROTECTION OF POLICY HOLDERS AGAINST INSURANCE COMPANIES EXPERIENCED BANKRUPTCY Mahatma, Laode Man
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.v5i3.275

Abstract

The unequal position between insurance policy holders and insurance companies as applied to standard agreements, causes the function of legal protection for insurance policy holders to be questioned. One of the institutions that has the authority and functions to provide legal protection is the Financial Services Authority (OJK) as regulated in Law Number 21 of 2011 Article 55 paragraph (1). The transfer of risk in an insurance agreement is carried out in return for a premium payment by the insured which is deemed commensurate with the risk that must be insured, although the claim payment as fulfillment of performance is not necessarily equal to the premium amount. The formulation of the problem discussed is: What are the effects of Insurance Company Bankruptcy Law on Insurance Engagements? What are the responsibilities of an insurance company experiencing bankruptcy towards policy holders to obtain their rights in accordance with the agreement? What are the legal remedies for policyholders in the bankruptcy process? The research method used is a normative juridical method, namely analyzing legal issues, facts and other legal phenomena related to the legal approach, then obtaining a comprehensive picture of the problem to be studied. Based on the research results, the author concludes that the legal consequences of the bankruptcy of an Insurance Company give the Policy Holder the right to receive priority in receiving their rights to the distribution of their assets over other parties, and the responsibility of the company in the insurance sector which has been declared bankrupt to the holder's claim. policy from the insurance sector in the bankruptcy process, the directors have responsibilities during the bankruptcy process, from before until after the Company is declared bankrupt.
APPLICATION OF CRIMINAL RESPONSIBILITY LAWS FOR OFFENDERS PARTICIPATING IN NARCOTICS ABUSE Pudjawijaya, IGM Seli; Pratiwi, Siswantari; Mardani
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.v5i3.276

Abstract

The consequences caused by narcotics abuse are very detrimental to the continuity of life of the younger generation as the majority, which ultimately impoverishes a country because it does not have a quality next generation to replace the generation that has entered retirement age. The problem is : How is the application of the law on criminal liability for perpetrators who participate in narcotics abuse (Case Study of Decision Number 46/Pid.Sus/2017/PN Mln and Decision Number 89/Pid.B/2015/PN Mam ? How do judges consider decisions regarding perpetrators who participate? narcotics abuse (Decision Number 46/Pid.Sus/2017/PN Mln and Decision Number 89/Pid.B/2015/PN Mam )? The research method used is normative legal research. The conclusion is that participating in Indonesian narcotics criminal law is an act that can be punished as considered by the panel of judges in decision Number 46/Pid.Sus/2017/PN Mln and Decision Number 89/Pid.B/2015/PN Mam and the basis for the judge's consideration is that it can be analyzed, namely considering all aspects related to the main case that occurred and then looking for statutory regulations that are relevant to the main disputed case as a legal basis. in rendering a decision.
EFFECTIVENESS OF THE CRIMINAL ACTION OF COLLECTIVE PROPERTY LAND CLAIMS Malau, Boy Fernanda; Pratiwi, Siswantari; Mardani
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.v5i3.277

Abstract

The act of illegally grabbing land is an act that can be classified as a criminal act. Land grabbing will harm other parties, so the perpetrators can be prosecuted with criminal legal instruments. Land grabbing in reality in Indonesia is something that is difficult to avoid, especially in metropolitan areas, where empty land is increasingly difficult to find but more and more immigrants are arriving to risk their fate even though they do not have a clear place to live or relatives and this is what drives this. There are many cases of grabbing of state land and land controlled by individuals or companies. The formulation of the problem is: What is the ratio decidendi made by the judge in making considerations regarding the decision in the criminal case of land grabbing as contained in Decision Number 4/Pid.C/2021/PN.Sdr and Decision Number 05/Pid.C/2016/PN.BS? and What is the effectiveness of the land grabbing crime carried out by the perpetrators in Decision Number 4/Pid.C/2021/PN.Sdr and Decision Number 05/Pid.C/2016/PN.BS?. The research method used is normative legal research. The results of the research show that the Ratio Decidendi is made by the judge in making considerations regarding the decision in the case of criminal land grabbing as contained in Decision Number 4/Pid.C/2021/Pn.Sdr and Decision Number 05/Pid.C/2016/Pn.Bs In of the two decisions explained, it can be concluded that these are the main points or reasons that form the basis of the judge's ratio decidendi decision in deciding the case and the effectiveness of the crime of land grabbing carried out by the perpetrators, as explained in the Both decisions show great attention to the protection of the rights of legal land owners. In analyzing the effectiveness of criminal land grabbing, it was found that the legal system must continue to develop to overcome existing challenges and weaknesses.
LEGAL PROTECTION OF CUSTOMERS/INVESTORS FROM FRAUD CRIMES COMMITTED BY INDIVIDUALS AND NON-BANK FINANCIAL INSTITUTIONS Wicaksono, Hadi; Pratiwi, Siswantari; Saefulloh
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.v5i3.278

Abstract

Illegal investment activities are carried out by collecting funds from the wider community by deviating or even avoiding banking regulations, which are activities that use public facilities to carry out their business activities. Thus, it is necessary to look at the authority that the Financial Services Authority has in providing protection for the public against Illegal Investment activities. The practice of moral hazard in Illegal Investment activities occurs because of the weak supervision system of financial institutions. Problem Formulation What are the factors that cause the crime of illegal investment fraud? What is the legal protection for customers of non-bank financial institutions who carry out collection activities without permission from Bank Indonesia and the OJK? The research method used is normative juridical, the results of this research are factors that cause the occurrence of criminal acts of illegal investment fraud, such as a lack of public awareness of the financial sector, especially legal investments, and the bad luck of those who seek high profits while ignoring the risks and legal protection for institutional customers. Non-Bank Finance Carrying Out Collection Activities Without Permission from Bank Indonesia and OJK Finance is a mechanism for legal protection of customers, namely by pursuing civil and general criminal charges.
THE CRIME OF TREASON COMMITTED JOINTLY FROM THE PERSPECTIVE Wijanarko, Gapung; Pratiwi, Siswantari; Sinaga, Parbuntian
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.v5i3.279

Abstract

In general, treason is an action carried out by a person or group of citizens by questioning the legal order that applies in a country. They took this action because of dissatisfaction with the administration of government, so that citizens carried out various actions that were against the law. Or it can be said to be a discrepancy between an individual or group of people and government regulations. The problems in this journal are how to prove unlawful acts committed jointly by the perpetrators of the crime of treason (Aanslag) in crimes that threaten state security and how each perpetrator of treason is held accountable in the judge's decision in Decision Number 23/PID/2020 /PT.AMB and Decision Number 24/PID/2020/PT. AMB. The research method is carried out using the normative legal method because it describes the applicable laws and regulations and is linked to legal theories in the practice of implementation related to problems that will be researched using this method as well, it will describe/describe the facts that actually occur as reflection of the implementation of statutory regulations and legal principles linked to legal theories and implementation practices. Based on this research, it can be understood that the benchmark for determining whether an act is considered treason is an act that is indicated to endanger the head of state or head of government so that the head of state or head of government is unable to carry out his duties properly. The criminal liability of the perpetrators of the crime of treason is joint responsibility based on Article 106 of the Criminal Code in conjunction with Article 55 paragraph (1) 1 of the Criminal Code, namely those who committed, ordered to commit, and participated in committing the criminal act.

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