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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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BUSINESS ACTORS' RESPONSIBILITIES TOWARDS CONSUMERS FOR EXPIRED PRODUCTS IN SUPERMARKETS Elis Herlina; Dini Fitriani Komalasari
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.v6i1.358

Abstract

The existence of expired food products has become a problem among the general public, because expired food products are no longer suitable for consumption because of the risk of poisoning for people who consume them. The purpose of this study is to determine and examine the responsibility of business actors towards consumers for expired products in supermarkets in connection with Law Number 8 of 1999 concerning Consumer Protection. The research method in writing this thesis is descriptive analysis, carried out with a normative juridical approach method, namely a normative legal writing method. Data collection techniques in the form of library research using 3 legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. The results showed that business actors who violate provisions related to expired food products, such as not clearly stating the expiration date, may be subject to administrative sanctions or other legal sanctions in accordance with applicable regulations. Based on Article 19 paragraph (1) of the Consumer Protection Law, the responsibility of business actors includes compensation for damage, pollution and consumer losses. The government is expected to provide direction and guidance to business actors regarding the importance of including expiration dates to ensure the safety of products being traded.
IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES ON THE RIGHT TO A FAIR TRIAL FOR PERSONS WITH INTELLECTUAL DISABILITIES Praniko Imam Sagita; Hendri Abdul Qohar
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.v6i1.359

Abstract

Human rights are rights inherent in every individual as a gift from God Almighty, which must be respected, protected and fulfilled by the state. The Convention on the Rights of Persons with Disabilities (CRPD) is an international treaty that aims to promote, protect and guarantee the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities. This research aims to increase awareness and understanding of the rights of persons with intellectual disabilities, particularly in ensuring access to a fair trial in accordance with the principles of the Convention on the Rights of Persons with Disabilities (CRPD). This research uses a normative juridical method by analyzing international and national laws and regulations related to the implementation of the CRPD in ensuring the right to a fair trial for persons with intellectual disabilities. The results showed that although Indonesia has ratified the Convention on the Rights of Persons with Disabilities (CRPD), its implementation in the judiciary is still constrained by the lack of understanding of legal officials, limited facilities, bias against the right to testimony of persons with disabilities, and weak enforcement of regulations.
SETTLEMENT OF DISPUTES OVER BREACH OF CREDIT AGREEMENTS BETWEEN LIMITED LIABILITY COMPANIES AND BANK WITH LAND GUARANTEE Lumassia; Sefullah; Budiman, Anwar
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 2 (2025): Journal Indonesia Law and Policy Review (JILPR), February 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i2.349

Abstract

The Power of Attorney to Impose Mortgage Rights (SKMHT) holds a significant position in credit agreements as a binding instrument for mortgage rights guarantees. In this context, the SKMHT serves as a tool to provide legal protection to the creditor's rights over the guarantee. This research employs a juridical-empirical approach, with descriptive analytical specifications. The data sources and types used in this study include primary data in the form of interviews and secondary data, namely primary legal materials, secondary legal materials, and tertiary legal materials. The field research data collection techniques consist of interviews and literature research using legal protection theory and legal certainty theory. The data analysis of this research uses qualitative methods, and from the results of the data analysis that has been collected, conclusions are drawn using inductive reasoning and presented in the form of legal writing. The results of the study indicate that 1) The position of the Power of Attorney to Impose Mortgage Rights (SKMHT) in the credit agreement as a binding guarantee for mortgage rights is very important. The SKMHT functions as a legal instrument that provides legal certainty for creditors and debtors in credit agreements. The SKMHT strengthens the mortgage rights guarantee by granting power to the creditor to register the mortgage rights on the guarantee object. In the context of legal protection, the SKMHT protects the interests of creditors and debtors and ensures balance and justice between the two. 2) In the implementation of the imposition of mortgage rights with the Power of Attorney to Impose Mortgage Rights (SKMHT) based on Law Number 4 of 1996, there are several obstacles that can disrupt legal certainty. Some of these obstacles include ambiguity or deficiencies in the preparation of the SKMHT, administrative problems in the registration process, rejection or obstacles from the Land Office. To overcome these obstacles, several solutions need to be implemented, such as drafting a clear and accurate SKMHT, improving the efficiency of the registration process, clarifying regulations and communication with the Land Office, an effective monitoring and supervision system, as well as counseling and education to related parties.
TRANSFER OF RIGHTS TO INDIVIDUAL OWNED LAND TO THE COMPANY Sukirman, Dani Ramdani; Wiryadi, Uyan; Budiman, Anwar
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 2 (2025): Journal Indonesia Law and Policy Review (JILPR), February 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i2.353

Abstract

The transfer of land rights refers to the process of moving or shifting land ownership from an individual or a group of people to another individual or group. Based on Article 37 of Government Regulation Number 24 of 1997, the transfer of land rights and ownership rights of a strata title unit, such as through sale, exchange, donation, incorporation into a company, and other legal acts of transfer (except for auctions), can only be officially recorded if proven by a deed created by an authorized Notary Public. Although the regulation doesn't explicitly define 'transfer' and 'transferred,' it clearly outlines the process of transferring land rights or ownership rights of a strata title unit. In practice, many people still buy and sell land without involving a notary or a Notary Public. These transactions often involve only a simple receipt as proof of the sale, without any witnesses. Due to a lack of public awareness about land transfer regulations, many land rights are transferred without any legal validity. This research employs a normative juridical approach, examining laws as they are written (law in books) and as they serve as guidelines for appropriate human behavior. It specifically focuses on the resolution of disputes involving the transfer of individual land ownership to a company, as seen in Supreme Court Decisions Number 852 K/Pdt/2021 and Number 213 K/PDT/2020. These cases highlight the importance of legal certainty when contributing buildings (without the land) as capital to a limited liability company. According to Article 34 of the Company Law, there are specific procedures for contributing capital in forms other than cash. To ensure a clear and legally valid process for contributing immovable property (other than land), a deed of contribution must be created before a Notary Public. This deed serves as official proof of the capital contribution to the limited liability company. Landowners whose land has a building that is contributed as capital to a limited liability company generally only retain ownership rights over the land itself. If there is an agreement between the landowner and the building owner (such as a cooperation agreement, profit-sharing agreement, or lease agreement), all terms, rights, and obligations must be clearly defined to prevent future disputes.
LEGAL REVIEW OF UNLAWFUL ACTS IN LAND DISPUTES Sadat, Anwar; Prasetyotomo, Heru; L., Pakerti Luhur; Nazara, Zelima; Kusuma, Nurul Widya; Irawan, Teguh
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 2 (2025): Journal Indonesia Law and Policy Review (JILPR), February 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i2.357

Abstract

Law and jurisprudence stipulate that the perpetrator must have schuldelement, or an element of fault, in committing his/her act in order to be covered by Article 1365 concerning Unlawful Acts. Liability under Article 1365 of the Civil Code does not include liability without fault (strict liability). Jurisprudence recognizes the concept of immaterial losses, which will be assessed in monetary form, in contrast to losses arising from breach of contract, which only discusses material losses, and losses arising from unlawful acts. Decision of the Sukoharjo District Court Number 32/Pdt.G/2007/Pn.Skh. The case began when the plaintiff sold a building and a plot of land to the defendant. After both parties agreed on the price of the land, the defendant paid the plaintiff in cash and the remainder by check, but the check turned out to be empty when the plaintiff cashed it at Bank BCA. The formulation is 1) What is the perspective of Unlawful Acts in Civil Law? 2) How to resolve land and building sale and purchase disputes through lawsuits for unlawful acts at the Sukoharjo District Court? and 3) What are the legal consequences of the judge's decision regarding land and building sale and purchase disputes at the Sukoharjo District Court? The method used is the normative legal research method, which is to examine relevant laws and regulations or apply them to a particular legal problem. Law enforcers are advised to apply these elements carefully in order to achieve justice in each case. Victims also need to be given support in proving the existence of losses and causal relationships with the actions of the perpetrators. In addition, it is important to conduct socialization to the community regarding the definition of unlawful acts, the rights of victims, and the legal obligations of perpetrators to increase legal awareness in community life.
IMPLEMENTATION OF CRIMINAL SANCTIONS AGAINST PERPETRATORS OF BANK ACCOUNT DATA THEFT THAT IS FAIR FOR THE PUBLIC Belgradoputra, Raden Jossy Sutari; Haryono, Waty Suwarty; Wirogioto, Ali Johardi
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 2 (2025): Journal Indonesia Law and Policy Review (JILPR), February 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i2.360

Abstract

The implementation of criminal sanctions against skimming offenders must be based on principles of justice that encompass the interests of victims, society, and offenders. This crime often results in significant financial losses and psychological impacts on victims, making it essential for the penalties imposed to reflect the extent of the harm caused. The theory of justice proposed by Gustav Radbruch, namely legal justice, social justice, and substantive justice, serves as a critical foundation for enforcing the law proportionally. Legal justice enforcement, as outlined in Articles 30 and 36 of the ITE Law, provides a framework to prosecute offenders with a maximum penalty of 12 years of imprisonment and fines up to IDR 12 billion. This ensures legal certainty while also deterring potential offenders. Social justice emphasizes collective protection for society, including safeguarding banking data. The state must ensure that banking systems have secure infrastructure so that the public is less vulnerable to cybercrime. Firm punishment of offenders also instills a sense of security in the community. Substantive justice must be realized by restoring victims' losses. Punishment for offenders should not only involve imprisonment but also include mechanisms for restitution to recover victims’ material losses. Integrating these three principles ensures that the implementation of criminal sanctions is not merely repressive but also restores a sense of justice in society. This approach is necessary to maintain a balance between punishing offenders, protecting society, and upholding the rights of victims.
THE PRINCIPLE OF PROPORTIONALITY IN FRANCHISE AGREEMENTS: IMPLICATIONS AND PRACTICES IN BUSINESS CONTRACTUAL RELATIONSHIPS Mia Rasmiaty
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 2 (2025): Journal Indonesia Law and Policy Review (JILPR), February 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i2.361

Abstract

The principle of proportionality plays a very important role in maintaining the balance between the rights and obligations of the parties to a franchise agreement. In practice, franchise agreements often exhibit an imbalance between the franchisor and franchisee, potentially to the detriment of the weaker party. This article discusses the implications of the principle of proportionality in franchise agreements in Indonesia, focusing on how its application can prevent contractual imbalance. It also explores the best practices and regulations needed to ensure a fairer and more proportional application of this principle in franchise agreements. The research method used is a normative juridical method that relies on the analysis of the relevant legal framework, especially related to the regulation of franchise agreements in Indonesia. The results of the discussion show that strengthening regulations, dispute resolution mechanisms, and the application of transparency and balance principles in agreements can create a fairer and more sustainable business climate.
SETTLEMENT OF MEDICAL DISPUTES AFTER LAW NO. 17 OF 2023 CONCERNING HEALTH Awangga, Arif
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 2 (2025): Journal Indonesia Law and Policy Review (JILPR), February 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i2.371

Abstract

Law Number 17 of 2023 revokes 11 previously applicable laws. The dozens of revoked laws are integrated into the Health Law. Law Number 17 of 2023 provides protection for medical and health personnel who practice according to procedures. Law Number 17 of 2023 also regulates the mechanism for enforcing discipline for medical and health personnel and resolving disputes. However, with the issuance of Law Number 17 of 2023 concerning Health, there are several significant changes in the resolution of medical disputes. This law carries a more comprehensive paradigm of health law reform, including simplifying regulations and increasing protection for medical personnel and patients. The research method used is normative legal research/normative juridical legal research. The results of the study show that medical dispute resolution in Indonesia has undergone a significant transformation with the enactment of Health Law Number 17 of 2023 and the implementation of PP 28 of 2024. Both regulations introduce a mediation mechanism as a mandatory initial step in dispute resolution, with the aim of creating a more efficient and transparent process and the advantages of non-litigation dispute resolution are that the process is faster, cheaper, and more flexible. The parties can arrange the dispute resolution process themselves according to their needs and interests.
LAW ENFORCEMENT AGAINST DRIVERS WHO DO NOT REPORT CHANGE OF OWNERSHIP Dony, Mulian; Asnawi, Eddy; Oktapani, Silm
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 2 (2025): Journal Indonesia Law and Policy Review (JILPR), February 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i2.351

Abstract

The assignment of Vehicle Registration Numbers (Tanda Nomor Kendaraan Bermotor - TNKB) serves a purpose and represents one of the initial steps in implementing the legal norms that society aims to achieve. Therefore, as citizens, it is our duty to comply with prevailing laws and regulations. Consequently, every motor vehicle must display a TNKB that adheres to the applicable provisions to ensure compliance with legal norms and regulations. The Indonesian National Police (Kepolisian Republik Indonesia) is the authority responsible for law enforcement, particularly concerning traffic. Traffic and road transportation must be developed to enhance their potential and role in ensuring security, welfare, and order in traffic and transportation, supporting economic development, advancements in science and technology, regional autonomy, and accountability in state administration. This study employs a sociological legal research method. Based on the research findings, law enforcement against drivers who fail to report changes in vehicle ownership in Pekanbaru City, as stipulated in the Chief of the Indonesian National Police Regulation Number 7 of 2021 on Vehicle Registration and Identification, has not been effectively implemented. This is due to the presence of drivers who neglect to report changes in vehicle ownership. Strict law enforcement against non-compliance aims to prevent potential misuse of vehicles, such as theft or fraud, and to ensure the legitimate identification of vehicle owners. Furthermore, law enforcement ensures that vehicles operating on public roads remain properly registered in the vehicle administration system, which is crucial for ownership and tax obligation. The factors hindering law enforcement against drivers who fail to report changes in vehicle ownership in Pekanbaru City, as outlined in the Chief of the Indonesian National Police Regulation Number 7 of 2021 on Vehicle Registration and Identification, include a lack of public awareness about the importance of reporting changes in vehicle ownership, inadequate coordination between law enforcement and relevant agencies in monitoring the ownership change process, as the reporting procedure often involves various administrative stages requiring validation from multiple parties, such as the Regional Revenue Office for vehicle tax payments. Additionally, insufficient oversight of motor vehicle sales transactions, especially those conducted without official documentation, has resulted in many vehicles changing hands without undergoing proper reporting processes. Efforts to address the obstacles to law enforcement against drivers who fail to report changes in vehicle ownership in Pekanbaru City, as per the Chief of the Indonesian National Police Regulation Number 7 of 2021 on Vehicle Registration and Identification, include enhancing public awareness of the importance of compliance with this regulation, imposing sanctions on drivers who fail to report ownership changes to create a deterrent effect and encourage compliance, and providing more intensive education to the public about the legal risks of failing to report vehicle ownership changes. Additionally, the police should develop a more practical and efficient reporting system, such as a digital application that allows the public to report vehicle ownership changes without having to visit police stations.
LAW ENFORCEMENT AGAINST ONLINE GAMBLING CRIMINAL OFFICERS BASED ON THE THEORY OF JUSTICE Aungrah, Sandy Kelvin; Rahmat, Diding
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 2 (2025): Journal Indonesia Law and Policy Review (JILPR), February 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i2.376

Abstract

Online gambling is one of the negative impacts in the form of cybercrimes, which can be considered a cybercrime. Cybercrimes, especially online gambling, must be prevented or eradicated. Law enforcement efforts are needed to prevent and eradicate these crimes so that they are not increasingly rampant. Therefore, further research will be conducted on how online gambling criminal acts are regulated based on Indonesian laws and regulations, and how law enforcement against online gambling criminal actors is based on the theory of justice. The research method used in this research is the normative juridical research method. From the research results, it was found that the regulation of online gambling criminal acts based on Indonesian laws and regulations, conventional gambling in Indonesia has the potential to cause social and financial risks for players and the surrounding community. Basically, online gambling is a prohibited act in Article 27 paragraph (2) of Law 1/2024. referring to gambling provisions in terms of offering or providing opportunities for gambling games, making it a livelihood, offering or providing opportunities to the public to gamble, and participating in companies for that purpose. Then, people who violate the provisions of Article 27 paragraph (2) of Law 1/2024 are potentially sentenced to a maximum of 10 years in prison and/or a maximum fine of Rp10 billion, as regulated in Article 45 paragraph (3) of Law 1/2024. Article on Gambling in the Criminal Code, For information, in addition to being regulated in Law 1/2024, gambling crimes are also regulated in Article 303 and Article 303 bis of the Criminal Code and Article 426 and Article 427 1/2023 concerning the new Criminal Code and law enforcement against online gambling criminal actors based on the theory of justice, law enforcement against online gambling crimes based on the theory of justice will produce effective and fair law enforcement, and pay attention to the balance between strict law enforcement and respect for human dignity. From the research results for improvement, it is hoped that a new law will be made regarding online gambling crimes in the Criminal Code, laws and regulations, government regulations, Minister of Law and Human Rights regulations, and law enforcement against online gambling criminal actors must be firm and fair in the form of criminal sanctions while still paying attention to human rights.

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