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[LAW ENFORCEMENT AGAINST PERFORMERS OF THE CRIME OF MONEY LAUNDERING RESULTING FROM CRIMINAL ACTS OF FRAUD OR EMBEZZER ]]>
<![CDATA[Suhartono, Nur]]>;
<![CDATA[Mardani]]>;
<![CDATA[Sharon, Grace]]>
<![CDATA[ JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 3 (2024): Journal Indonesia Law and Policy Review (JILPR), June 2024 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v5i3.280
<![CDATA[The crime of money laundering is a crime that has a distinctive characteristic, namely, this crime is not a single crime but multiple crimes. This crime is characterized by the form of money laundering, which is a crime that is a follow-up crime or continuing crime, while the main crime or original crime is called a predicate offense or core crime or there are countries that formulate it as an unlawful activity, namely an original crime that produces money and then carries out the laundering process. The crime of money laundering can be seen in Article 1 of Law Number 8 of 2010 which explains that money laundering is any act that fulfills the elements of a criminal act in accordance with the provisions of this law. The problem taken is regarding the proof of the crime of money laundering which is related to the predicate crime. As well as law enforcement against perpetrators of money laundering crimes resulting from criminal acts of fraud or embezzlement. The research method that the author uses is normative juridical research. The conclusion obtained is that the evidence in Law Number 8 of 2010 is one of the anti-money laundering crime efforts which is specifically at the stage of evidence at trial, with efforts to accommodate difficulties at the stage of proving the crime of money laundering and law enforcement against the crime of money laundering is still ongoing. there are obstacles both in terms of substantive law (material law) and in terms of procedural law (formal law) as regulated in Law Number 8 of 2010.]]>
<![CDATA[APPLICATION OF RESTORATIVE JUSTICE IN EFFORTS TO RECOVER THE RIGHTS OF CHILD DEFENDERS WHO HAVE BEEN SENTENCED TO EXCEPTION ]]>
<![CDATA[Rukmawati, Vita]]>
<![CDATA[ JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 3 (2024): Journal Indonesia Law and Policy Review (JILPR), June 2024 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v5i3.281
<![CDATA[Criminal justice legal regulations regarding child perpetrators of criminal acts of abuse have been implemented with diversion in the case of Decision Number 5/Pid.Sus-Anak/2022/PN JKT.PST so that child defendants are returned to their parents and Decision Number 24/Pid.Sus-Anak /2021/PN Jkt. Brt. by prosecutors and judges who do not apply diversion is indeed in accordance with the provisions of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System Article 7 (2). However, this is not in accordance with the principles of protection and prioritizing the best interests of the child's future and growth and development as stipulated in Law Number 35 of 2014 concerning Amendments to Law No. 23 of 2002 Articles 4 to Article 18 concerning Child Protection. The judge took diversion steps to uphold children's rights as regulated in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. Restoration of the rights of accused child perpetrators of abuse who have been sentenced to acquittal with restorative justice efforts (Case study of Decision Number 5/Pid.Sus-Anak/2022/PN JKT.PST and Decision Number 24/Pid.Sus-Anak/2021/PN Jkt. Brt is not appropriate where the judge does not carry out diversion which should be mandatory for criminal court cases involving children who are in conflict with the law to take diversion steps to carry out the diversion process so that children can resolve cases outside the court which is an embodiment of Article 59 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection.]]>
<![CDATA[TRANSFER OF AUTHORITY OF THE INDONESIAN MEDICAL COUNCIL TO ISSUE REGISTRATION CERTIFICATES FOR MEDICAL PERSONNEL ]]>
<![CDATA[Handayani, Syofini]]>;
<![CDATA[Noor, M. Tauchid]]>;
<![CDATA[Nugraheni, Ninis]]>
<![CDATA[ JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 3 (2024): Journal Indonesia Law and Policy Review (JILPR), June 2024 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v5i3.283
<![CDATA[This research aims to analyse the basic legal ratio of the authority of the Indonesian Medical Council in issuing Registration Certificates for medical personnel and to analyze the legal consequences of issuing Registration Certificates for medical personnel by the Indonesian Medical Council after the issuance of Law Number 17 of 2023 concerning Health. The research approach used was normative juridical research. The legal materials used were primary and secondary legal materials. The technique for collecting legal materials in this research was by conducting a literature study. The research results showed that after the issuance of Law 17/2023, the central government through the Minister of Health is simplifying the practice requirements for medical personnel by introducing lifetime STR and SIP with the SKP system which is assessed directly by the Minister of Health and Regional Government. The legal consequences are not only a shift in norms, but also the formation of a new council with the latest structure, the SKP requirements shifted from the issuance of STR to SIP, and also the emergence of SKP management authority by the Regional Government c.q. Head of the Regency/City Health Service or Head of the Regency/City Regional Investment and One-Stop Integrated Services]]>
<![CDATA[LEGAL DEVELOPMENT AND URGENCY OF PERSONAL DATA PROTECTION IN INDONESIA ]]>
<![CDATA[Ngompat, Yohanes Leonardus]]>;
<![CDATA[Mary Grace Megumi Maran]]>
<![CDATA[ JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 3 (2024): Journal Indonesia Law and Policy Review (JILPR), June 2024 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v5i3.284
<![CDATA[This research aims to know and analyze the development of personal data protection law and to know and analyze the urgency of personal data protection in Indonesia. This research is normative juridical research using secondary data. The approaches used are legislative and historical approaches. The data collected is then analyzed qualitatively. Based on the results of the research, it is known that the laws and regulations on personal data protection continue to develop from time to time. The regulation begins with the inclusion of Article 28 G Paragraph (1) in the 1945 Constitution which becomes the legal basis in guaranteeing the rights of every person or owner of personal data and reaches the peak where a special regulation has been formed that specifically regulates the protection of personal data, namely in Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). Previously, the regulation on personal data protection was regulated partially and sectorally, so with the enactment of the PDP Law, there is a special regulation related to personal data protection. In relation to the urgency of personal data protection, personal data is important to protect because along with the development of technology and information, it is easier for violations to occur, including the misuse of personal data. Violations of personal data should be prevented and handled seriously because personal data is very important data related to one's privacy. Protection of personal data can ultimately increase public confidence in providing personal data to support government policies in fulfilling public interests without violating people's personal rights.]]>
<![CDATA[THE URGENCY OF PUNISHMENT AGAINST CHILDREN OF NARCOTICS ABUSERS ]]>
<![CDATA[Handoko, R. Reo]]>;
<![CDATA[Pratiwi, Siswantari]]>;
<![CDATA[Johardi, Ali]]>
<![CDATA[ JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 3 (2024): Journal Indonesia Law and Policy Review (JILPR), June 2024 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v5i3.289
<![CDATA[This research aims to analyze the public prosecutor's considerations in proving the elements of the article so that children are categorized as narcotics providers and the public prosecutor's considerations in proving the elements of the article regarding children as perpetrators of narcotics providers. This research is empirical research carried out at the Sidenreng Rappang District Prosecutor's Office. The data obtained is then processed and analyzed using a qualitative descriptive method, namely a method where data is collected, compiled, interpreted and analyzed so as to provide complete information according to the problems faced. The results of this research are: 1) The child's public prosecutor's considerations in making a child's demand letter pay attention to the best interests and future for the child, then in its implementation it refers to juridical reasons related to applicable legal rules and non-juridical ones related to the child's personal, social, family and environment. children and the impact of children's actions on society and the state, as well as children's attitudes in undergoing the trial process; 2) There is conformity in the demands and decisions regarding the proven element, namely the element of providing, even though the element of control is not included in the judge's consideration as an element that is fulfilled in the proof of the indictment in the child's public prosecutor's claim, so even so, the public prosecutor's claim is proven in the element of providing in Article 112 paragraph (1) and paragraph (2) of Law Number 35 of 2009 concerning Narcotics, this strengthens the position of the claim that the claim is appropriate).]]>
<![CDATA[SETTLEMENT OF MEDICAL DISPUTES THROUGH LITIGATION AND NON-LITIGATION ]]>
<![CDATA[Utama, Merry Sonia]]>;
<![CDATA[Zamroni, Mohammad]]>;
<![CDATA[Putera, Andika Persada]]>
<![CDATA[ JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 3 (2024): Journal Indonesia Law and Policy Review (JILPR), June 2024 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v5i3.295
<![CDATA[This study aims to analyse the settlement of medical disputes and legal protection for doctors in the event of a medical dispute based on Law No. 17 of 2023 concerning Health. This research uses normative juridical research with a statute approach and conceptual approach. The technique of collecting all legal materials used in this research is literature study and analysed using deductive logic data analysis techniques. Law enforcement officials are encouraged to prioritize restorative justice mechanisms to resolve disputes in accordance with Article 306 of the Health Law. Additionally, medical disputes that result in harm to patients should be prioritized for out-of-court settlement. The Health Law in Article 308 provides more specific provisions when the patient files a civil lawsuit and/or criminal charges; they must first obtain a recommendation issued by the council. Article 273 expressly accommodates aspects of legal protection for doctors and health workers, stating that medical and health workers, including doctors, in carrying out their practices are entitled to legal protection as long as they carry out their duties in accordance with professional standards, professional service standards, standard operational procedures, and professional ethics, as well as patient needs.]]>
<![CDATA[RESTITUTION RIGHT FOR VICTIMS OF SEXUAL VIOLENCE ]]>
<![CDATA[Rahayu, Puji]]>;
<![CDATA[Adriano]]>;
<![CDATA[Pramono, Budi]]>
<![CDATA[ JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 3 (2024): Journal Indonesia Law and Policy Review (JILPR), June 2024 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v5i3.297
<![CDATA[The legal protection for victims of sexual violence has been addressed in statutory regulations, but its implementation remains inadequate. This is evident in the lack of competence and training among law enforcers in handling victims of sexual violence, as well as the absence of psychologists/psychiatrists who can provide assistance in explaining mental conditions. The objective of this study is to examine the legal safeguards available to victims of sexual assault crimes and evaluate the compensation options provided to these victims. This study was conducted utilizing a normative juridical research methodology, which specifically involves analyzing the implementation of legal laws or norms. This research employs both a statutory approach and a conceptual approach. The government has not adequately fulfilled its responsibilities in providing the necessary facilities and equipment to handle, protect, and support victims of sexual abuse. Statutory regulations have established compensation in the form of restitution, but the victim must still take initiative by submitting a request to secure the right to reparation. Restitution should be mandatory for the perpetrator/defendant to compensate the victim, irrespective of whether the victim initiates a request or not.]]>
<![CDATA[LEGAL PROTECTION FOR HEALTHCARE PROFESSIONALS AND HOSPITALS AGAINST PATIENT’ COMPLAINTS ON SOCIAL MEDIA ]]>
<![CDATA[Laismono, Stephanie Glory]]>;
<![CDATA[Putera, Andika Persada]]>;
<![CDATA[Asmuni, Asmuni]]>
<![CDATA[ JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 1 (2024): Journal Indonesia Law and Policy Review (JILPR), October 2024 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v6i1.299
<![CDATA[In the digital era, social media platforms have evolved into potent communication tools; however, they also present novel obstacles, particularly for healthcare professionals and institutions. The reputation and operations of medical institutions can be substantially influenced by the increase in patient complaints that are shared online.This research was made by using normative legal research type, namely research that focuses on examining legal norms in applicable laws and regulations relating to the subject matter. The aim of this research is to analyze existing complaint services in hospitals as well as legal protection for hospitals and health workers against patient complaints on social media. The result of this research shows that there are still complaint services in hospitals that are not yet well provided, and other factors that cause patients to complain on social media. It also shows that legal protection against defamation in corporations has not been able to serve its purpose well, as well as Indonesian penal law which is oriented towards retributive justice rather than restorative justice.]]>
<![CDATA[MECHANISM FOR TRANSFERRING THE RESOLUTION OF INDUSTRIAL RELATIONS DISPUTES THROUGH MEDIATION FROM THE NORTH LOMBOK REGENCY LABOR OFFICE TO THE WEST NUSA TENGGARA PROVINCIAL LABOR OFFICE ]]>
<![CDATA[Kusuma, Rahmawati]]>;
<![CDATA[Asyhadie, Zaeni]]>
<![CDATA[ JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 1 (2024): Journal Indonesia Law and Policy Review (JILPR), October 2024 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v6i1.301
<![CDATA[This study aims to understand about the mechanism for transferring the resolution of disputes through mediation from the North Lombok Regency Labor Office to the West Nusa Tenggara Provincial Labor Office. The issues addressed in this study are why dispute resolution through mediation must be transferred to the NTB Provincial Labor Office and how the transfer mechanism works. The research method used in this study is Normative-Empirical Legal Research, which combines normative legal elements with additional empirical data. The findings of the research indicate that the main factor leading to the transfer of industrial relations disputes from the regency to the province is the absence of a mediator in North Lombok Regency. As a result, the parties involved can be referred to the provincial government, which has mediators. There is no specific mechanism for the transfer of such cases; the labor office merely sends a request letter to assign a mediator to handle the industrial relations issues through mediation. It is hoped that the central government can appoint or assign a mediator to be placed in the region to avoid the need for case transfers from the regency to the province, thereby minimizing the time required to resolve ongoing industrial relations disputes.]]>
<![CDATA[LEGAL CONSEQUENCES OF SELLING ANTIBIOTICS DRUGS WITHOUT DOCTOR’S PRESCRIPTION IN PHARMACIES ]]>
<![CDATA[Khomsiyah]]>;
<![CDATA[Zamroni, Mohammad]]>;
<![CDATA[Adriano]]>
<![CDATA[ JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 1 (2024): Journal Indonesia Law and Policy Review (JILPR), October 2024 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v6i1.302
<![CDATA[The use of antibiotic drugs is subject to statutory regulations, which require a doctor's prescription for purchase. Antibiotic drugs are classified as "list G drugs" or "hard drugs," and they can only be submitted with a doctor's prescription. The objective of this investigation is to examine the legal liability of pharmacies as sellers of antibiotics without a doctor's prescription and the legal repercussions for purchasers of antibiotics without a prescription. This research employs a form of normative legal research. This research employs a normative legal research method that employs primary data sources and secondary data, or data obtained through a statutory and conceptual approach. The results of this study are that the Pharmacist, as a pharmacy supervisor, is fully responsible for the delivery and collection of drugs to prevent unwanted events. Patients will not receive legal protection if they fail to comply with the Pharmacist's instructions to refrain from purchasing antibiotics without a doctor's prescription.]]>
