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Otto Fajarianto
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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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CRIMINAL RESPONSIBILITY FOR FINES TO CORPORATIONS IN CRIMINAL ACTS OF CORRUPTION BASED ON EMPLOYMENT RELATIONSHIPS Oesman, Rusdi; Haryono, Waty Suwarty; Hartanto
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 1 (2024): Journal Indonesia Law and Policy Review (JILPR), October 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i1.323

Abstract

This study aims to determine the criminal liability of corporations in corruption crimes and to determine the application of material criminal law in Decision Number 1751 / Pid.Sus / 2020 / PT Mdn., and Decision Number 47 / Pid.Sus-TPK / 2022 / PT Dki. The research method used is normative legal research, by using the Statute Approach and Case Approach methods . This study uses a type of normative legal research with a statute approach and a case approach. The sources of legal materials used are primary and secondary legal materials. The method used by the author is the library method, then the analysis of the legal materials used is descriptive of the legal materials obtained. The results obtained from this study are: 1). The qualification of the Criminal Act of Deleting Account Records of a Bank is regulated in Article 49 paragraph (1) letter c of the Banking Law which stipulates that Members of the Board of Commissioners, Directors, or Bank Employees who intentionally change, obscure, hide, delete, or eliminate any records in the books or in reports, or in documents or reports of business activities, transaction reports or accounts of a bank, or intentionally change, obscure, eliminate, hide or damage the bookkeeping records, shall be subject to imprisonment of at least five years and a maximum of fifteen years and a fine of at least ten billion rupiah and a maximum of two hundred billion rupiah, and 2). The panel of judges who examined and decided on Case Decision Number 1751/Pid.Sus/2020/PT Mdn., and Decision Number 47/Pid.Sus-TPK/2022/PT Dki. The author believes that the panel of judges has examined and tried this case properly, considering the public prosecutor's indictment, demands, defense from the defendant and his legal counsel, evidence, and other facts revealed at the trial.
LAW ENFORCEMENT AGAINST FOREIGNERS USING FAKE PASSPORTS Akbar, Muhammad Aulia; Marbun, Warasman; Saefullah
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 1 (2024): Journal Indonesia Law and Policy Review (JILPR), October 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i1.324

Abstract

The phenomenon of many foreigners still entering Indonesia has caused various problems, including the use of fake passports. In the field of supervision immigration Lots happen case forgery letter travel by foreigners. Although Constitution immigration arrange punishment serious crime, in reality Lots case forgery document journey Already brought to court, but the verdict Still too light on demands of the Public Prosecutor, as well as still there are foreigners who have already managed to get in to the Indonesian region with use letter the alleged journey fake. Of course just, thing This No cause effect deterrent for foreigners who try? to fake document travel in Indonesia. The Problem Is How enforcement law against foreigners who use it passport false For enter and/ or go out from the territory of Indonesia in the Decision Number 126/ Pid.Sus /2021/PT.BTN and Decision Number 1234/ Pid.Sus /2020/PN JKT.SEL? How? effort prevention and eradication use passport fake by foreigners? The research method is normative legal research. The conclusion is Legal regulation of Foreign Citizens who commit the crime of passport forgery is regulated in Articles 263 to 264 of the Criminal Code in Indonesia regulated in Law No. 6 of 2011 regulated in CHAPTER XI Articles 126-130 and in Government Regulation No. 31 of 2013 concerning the Implementing Regulations of Law No. 6 of 2011 concerning Immigration and the efforts made by the Directorate General of Immigration to prevent passport forgery by Foreign Citizens, namely by forming TIMPORA (Foreigner Supervision Team) by forming a foreigner supervision team, immigration can synergize with related agencies to prevent foreigners who will make fake Indonesian passports.
CONSTITUTIONAL AMENDMENT IN A DEMOCRATIC RULE OF LAW STATE IN INDONESIA Suriadiata, Irpan
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 1 (2024): Journal Indonesia Law and Policy Review (JILPR), October 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i1.328

Abstract

This research was conducted with the aim of finding out: 1) Procedures and practices for changing the constitution in Indonesia 2) Constitutional amendments in a democratic rule of law state in Indonesia. The type of research used in this research is normative legal research using a statutory approach and a conceptual approach. The types and sources of legal materials in this research are primary and secondary legal materials. The results of this research show that: 1) The procedures and practices for changing the constitution in Indonesia are regulated in several regulations, including: the 1945 Constitution to the RIS Constitution, the RIS Constitution to the 1950 Constitution, the 1950 UUDS to the 1945 Constitution and the 1945 Constitution (Decree) to the 1945 Constitution (Amendment). 2) Constitutional amendments in a democratic legal state in Indonesia, namely: First, changes to the constitution must be in accordance with procedures that have been determined by themselves, because this is what is in accordance with changes to the constitution according to law (vervassunganderung). Second, institutions that make changes must receive legitimacy from the people. Third, actions or changes to the constitution must involve the community.
ANALYSIS OF CONSUMER PROTECTION OVER CELEBRITY ENDORSEMENT PRODUCT INFORMATION THROUGH INSTAGRAM MEDIA Putri, Andi Istiana Inayah Dwi; Rahman, Ali
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 1 (2024): Journal Indonesia Law and Policy Review (JILPR), October 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i1.336

Abstract

This study aiming For analyze pattern connection law between the parties namely perpetrator business, party consumers, and influencers who advertise and to analyze protection law consumer to product dangerous promoted? celebrity through endorsements on Instagram. The method used in study that is method law normative. In research this , material the law used differentiated into two, namely primary and secondary. The results of the research show that activities carried out between perpetrator business, celebrity, and consumer cause existence connection law Agreement Work as regulated in 1601a of the Civil Code. The perpetrator business and consumers have connection law, namely agreement sell purchase as regulated in Article 1457 of the Civil Code. Celebgrams and consumers No own connection law Because anything, except celebrity known by the public consumers and idolized, so that consumer will interested use product anything used by celebrities, including? cosmetics and protection law to consumer namely demand change loss, for party consumers (followers) who experience loss consequence existence a activity endorsement entitled For get protection in accordance with what is written in UUPK.
DEVELOPMENT STRATEGIES FOR OPERATING LEASE IN THE DIGITAL ERA Okprianti, Reny; Emilson, Nur Husni; Noviantri, Salsabila; Saputra, Dwi Angga; Pangestu, M. Agun; Putri, Elsa Apriliana; Anggara, Veri
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 1 (2024): Journal Indonesia Law and Policy Review (JILPR), October 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i1.338

Abstract

Amidst the rapid development of the digital era, the strategy of developing a Lease (leasing) is key for companies to maintain competitiveness. Leases offer a solution to access assets without having to make direct purchases, reducing the financial burden that often hinders business growth. Technological changes, such as the use of artificial intelligence and the Internet of Things (IoT), have encouraged companies to shift from asset ownership to a service access model, which is more flexible and responsive to market needs. In addition, data security and compliance with tax and accounting regulations are very important in developing this strategy. Companies are required to integrate advanced technology and understand regulatory changes to protect sensitive information and meet fiscal obligations. By designing an adaptive and responsive strategy, companies can maximize the benefits of Leases, improve operational efficiency, and take advantage of opportunities in the digital era, so that they remain relevant in increasingly tight business competition.
ENVIRONMENTAL PROTECTION AND MANAGEMENT IS THE LEGAL BASIS FOR ENVIRONMENTAL CRIMES IN INDONESIA Idrus, Wahyuni; Hafid, Zhulfiana Pratiwi; Rahman, Ali
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 1 (2024): Journal Indonesia Law and Policy Review (JILPR), October 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i1.339

Abstract

Environment life moment This is one of the most common problems debated in the world. Because of the impact bad caused? man to environment life, condition environment life moment This become threat for existence humans in the future. In Indonesia, at the moment This anyone or? any group that does action destruction environment is action illegal. Terms the in a way general referred to in the 1945 Constitution and related regulations? with environment life. Implementation and enforcement law environment living in Indonesia, violation formal and material found? in Constitution Number 32 of 2009, and influence law environment life to other things are just a number of problem environment life that will try under review in journal.
APPLICATION OF BUSINESS CONTINUITY PROVISIONS IN BANKRUPTCY TO INCREASE THE VALUE OF BANKRUPTCY ASSETS Siburian, Hendra Harianto S.; Nainggolan, Bernard; Harjono, Dhaniswara K.
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 1 (2024): Journal Indonesia Law and Policy Review (JILPR), October 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i1.342

Abstract

APPLICATION OF BUSINESS CONTINUITY PROVISIONS (GOING CONCERN) IN BANKRUPTCY TO INCREASE THE VALUE OF BANKRUPTCY ASSETS (Decision No. 54/Pdt.Sus-PKPU/2020/PN Niaga Sby), the aim of this research is to determine the duties and authority of the curator in the management and/or or settlement of bankruptcy assets and to find out the application of the going concern provisions in the bankruptcy of PT. Banjar Intan Mandiri based on Decision No. 54/Pdt.Sus-PKPU/2020/PN Niaga Sby. The research method used in this study is a normative juridical research method with Law no. 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. The results of this research are that the Curator has the authority to carry out the task of managing and/or settling all of the debtor's assets which become bankruptcy assets. This is because by law the Debtor loses his right to control and manage his assets which are included in the bankruptcy assets from the date the bankruptcy decision is declared. In carrying out its duties, the Curator is not required to obtain approval from or provide prior notification to the Debtor or any of the Debtor's organs, although in circumstances other than bankruptcy such approval or notification is required. The curator is obliged to take actions that can increase the value of the bankrupt assets. The application of business continuity provisions in bankruptcy cases is within the framework of legal protection for debtors and has a positive impact on increasing the company's economic value which in turn is used to pay debts to its creditors.
POSITION OF INFORMED CONSENT IN EMERGENCY HANDLING OF PATIENTS IN HOSPITAL Zulkarnain, Hadi; Hoesein, Zainal Arifin
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 1 (2024): Journal Indonesia Law and Policy Review (JILPR), October 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i1.346

Abstract

The Indonesian Constitution mandates that health must be the main thing in continuous sustainable development. Therefore, in order to create a good health law system, doctors must respect whatever the patient's choice is, because if informed consent has occurred, then the rights and obligations between the doctor and the patient arise. However, the position of informed consent becomes unclear when there is emergency treatment of patients in hospitals. The problem studied is how is the position of informed consent in emergency treatment of patients in hospitals in law in Indonesia and the United States? The research method used is normative. The results of the study show that the position of informed consent in emergency treatment of patients in hospitals in law in Indonesia and the United States is different. In the health law system in Indonesia, the position of informed consent in emergency treatment of patients in hospitals is considered given, so that doctors who perform medical actions in order to save lives or prevent disability of a person in an Emergency and/or disaster are exempt from claims for compensation. A different thing happens in the health legal system in the United States, where the position of informed consent in emergency patient care in hospitals remains very important in law, because the legal consequences if informed consent is not given, are that the medical action is considered an act of abuse (intentionally) against the patient which causes the doctor and hospital to become parties who can be held legally responsible if the patient feels disadvantaged.
JURIDICAL REVIEW OF THE USE OF LETTER OF CREDIT IN ORDER TO GUARANTEE AND FACILITATE INTERNATIONAL TRADE PAYMENT TRANSACTIONS Raspita, Desni; Apriyanto, Hendra
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 1 (2024): Journal Indonesia Law and Policy Review (JILPR), October 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i1.354

Abstract

Letter of Credit (L/C) is one of the safest methods of payment in international trade from the point of view of exporters and importers. One of the purposes of using a Letter of Credit in international trade is to guarantee and expedite payments from importers by utilizing banking services. Letter of Credit (L/C) will be a bridge for exporters and importers who are separated by countries that don't know each other well. To mediate and reduce the risks of each party, the solution offered is through the Letter of Credit mechanism, which will make it easier to settle payments, secure the funds provided by the importer and risks can be transferred to the relevant bank. The type of research used in this writing is normative legal research. The data sources used are primary data sources and secondary data sources and data analysis uses qualitative analysis. The results of the research can be concluded that the payment process for import transactions uses a letter of credit (L/C), that is, when a sale and purchase agreement has been reached between the exporter and importer, then opening a letter of credit (L/C) is followed by contact with the relevant bank for delivery implementation. transaction documents and payments.
APPLICATION OF THE PRINCIPLES OF JUSTICE TO PKPU APPLICATIONS BY DEBTORS AND BANKRUPTCY APPLICATIONS BY CREDITORS Apriyanto, Hendra; Raspita, Desni
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 1 (2024): Journal Indonesia Law and Policy Review (JILPR), October 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i1.355

Abstract

Bankruptcy law is seen as a solution to the problem of debts and receivables that burden debtors who no longer have the ability to pay their debts to their creditors. PKPU is a period provided by law through a commercial judge's decision, during which the parties, namely creditors and debtors, are given the opportunity to discuss and agree on how to make debt payments by providing a payment plan for all or part of the debt. Request for Postponement of Debt Payment Obligations (PKPU) is a mechanism in bankruptcy law that provides an opportunity for debtors who are experiencing debt payment difficulties to carry out debt restructuring. Based on Law Number 37 of 2004 concerning Bankruptcy and PKPU, both debtors and creditors can apply for PKPU. The type of research used in this research is normative juridical. The application of the provisions regarding PKPU has given rise to various debates related to the principle of justice, namely that the application of the concept of justice in resolving bankruptcy cases can be interpreted as a situation where the debtor stops paying his debts which are due in social life in society. The principle of justice in resolving bankruptcy cases is defined as a commercial solution to get out of debt and receivable problems that are pressing on a debtor, so that the bankruptcy institution functions as an alternative institution for resolving debtor obligations towards creditors more effectively and efficiently.

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