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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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LEGAL CERTAINTY REGARDING THE IMPLEMENTATION OF GOVERNMENT REGULATION NUMBER 77 OF 2019 CONCERNING THE PREVENTION OF TERRORISM CRIMINAL ACTS AND PROTECTION OF INVESTIGATORS, PUBLIC PROSECUTORS, JUDGES AND CORRECTION OFFICERS Sidhiwaskita, I Gusti Agung Bagas; Sujono
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.v6i2.377

Abstract

Terrorism poses a threat and intimidation to national security, as acts of terrorism constitute actions that create the greatest danger to human rights. To anticipate the issue of terrorism crimes, Indonesia, as a rule of law state, has the obligation and responsibility to live safely, peacefully, and prosperously, as outlined in the constitutional mandate of the 1945 Constitution of the Republic of Indonesia. Therefore, further research will be conducted on the legal certainty of the implementation of Government Regulation Number 77 of 2019 concerning the prevention of terrorism crimes and the protection of investigators, public prosecutors, judges, and correctional officers, and the roles of the National Counterterrorism Agency (BNPT) and Detachment 88 in the prevention and eradication of terrorism crimes. The research method used is normative juridical. The research findings indicate that the implementation of Government Regulation 77/2019 as the execution of Law 5/2018 provides legal certainty for investigators, public prosecutors, judges, and correctional officers in combating and preventing terrorism crimes, as Government Regulation 77/2019 serves as the basis for all actions in counterterrorism. BNPT plays a role in prevention, protection, and deradicalization efforts, as well as in enforcement and capacity building, including international cooperation in addressing terrorism challenges. Detachment 88's role is to investigate reports of terrorist activities, arrest individuals or groups confirmed to be members of terrorist networks that could endanger the integrity and security of the Republic of Indonesia. The research results suggest that improvements should be made by legalizing material criminal penalties that include aggravated criminal threats in cases of attacks against law enforcement officers handling terrorism crimes, and the government should establish a new Special Law concerning the Protection and Counterterrorism of investigators, public prosecutors, judges, and correctional officers in Laws, Regulations, Government Regulations, and Regulations of the Ministry of Law and Human Rights.
LEGAL CONSIDERATIONS OF JUDGES IN APPLYING CRIMINAL SANCTIONS TO PERPETRATORS OF THE CRIMINAL ACTS OF MINING WITHOUT A PERMIT Sandjaya, Alfath; Sujono
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.v6i2.378

Abstract

The judge's legal considerations regarding the criminal case of illegal mining in Decision Number 17/Pid.B/LH/2023/Pn.Tdn and Decision Number 119/Pid.Sus-LH/2024/PN.Tdn that the judge in sentencing the defendant is linked to the theory of the legal system, namely: the aspect of the legal structure has not been running optimally due to weak coordination between institutions, limited human resources and technology in supervising mining areas, and the presence of certain officers involved in corrupt practices that hinder the process of strict law enforcement. From the aspect of legal substance, Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining does not clearly state the minimum sentence. Therefore, the judge is given the freedom to impose a sentence, unless the law specifically states the regulations that are at least, as short as possible, and as light as possible. From the aspect of legal culture, society is often still permissive towards illegal mining practices, especially in areas that depend on the mining sector as their main source of income. Therefore, legal reform in the mining sector must be carried out comprehensively so that criminalization can truly be an effective instrument in suppressing the number of illegal mining in Indonesia.
GENDER-NEUTRAL LANGUAGE: BETWEEN INCLUSION AND CONTROVERSY IN SOCIETAL PERCEPTIONS Soegiarto, Herryono
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 3 (2025): Journal Indonesia Law and Policy Review (JILPR), June 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i3.374

Abstract

Gender identity and social impressions are greatly shaped by language, which also is crucial. Gender-neutral language's emergence seeks to support inclusivity and fit non-binary identities. This paper investigates society opinions, debates, and difficulties with gender-neutral terminology. It looks at how gender identity representation is shaped by language patterns and the elements causing acceptance or opposition. It also looks at how legislation and the media shape public perceptions and their contributions to either supporting or impeding language reform. This study examines scholarly literature, policy documents, and media reports using a library research approach. By means of case studies from many linguistic backgrounds, a qualitative study reveals recurrent themes in gender-neutral language acceptance and opposition, therefore evaluating the efficacy of media advocacy and policy implementation. Results show that even if younger generations are embracing gender-neutral language more and more, institutional and cultural barriers cause opposition. The paper emphasises how media helps to normalise inclusive language and the influence of government actions in either supporting or hindering their acceptance. The study finds that reconciling inclusivity with cultural traditions depends on collaborative efforts among policymakers, educators, media, and language institutions.
NEGLIGENCE CRIMINAL ACT THAT CAUSES TRAFFIC ACCIDENTS AND RESULTS IN SERIOUS INJURY AND DEATH OF OTHER PEOPLE Yadi, Dika Ruslaninur; Hartanto; Wiryadi, Uyan
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 3 (2025): Journal Indonesia Law and Policy Review (JILPR), June 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i3.385

Abstract

Criminal acts due to the negligence of the perpetrator resulting in traffic accidents and serious injuries and/or deaths according to Law Number 22 of 2009 concerning Traffic and Road Transportation are regulated in Article 229 paragraph (1) of Law Number 22 of 2009 concerning Traffic and Road Transportation, although Article 229 paragraph (1) letter c of the Law on Traffic and Road Transportation has regulated the rights of victims regarding compensation for losses from victims, however, the compensation for losses is only limited to medical expenses and/or funeral expenses and compensation for losses the amount of which is determined by a court decision, which means that the compensation for losses may not necessarily be able to restore the losses suffered by the victim's family. By remembering and paying attention to Article 310 paragraph 3 of Law Number 22 of 2009 and Article 193 of the Criminal Procedure Code, it is correct. Implementation of the Panel of Judges' Decision on Criminal Acts of Negligence Causing Traffic Accidents and Resulting in Serious Injuries and Death of Others in Decision Number 212 / Pid.Sus / 2023 / PN Idm. and Decision Number 238 / Pid.Sus / 2024 / PN. In fact, the defendant's negligence has caused the loss of 2 lives, in addition, the defendant's negligence has caused 2 victims to suffer minor injuries and one person to suffer serious injuries. The Panel of Judges considered that the defendant had been responsible by replacing all losses suffered by the victim and assisting in the evacuation process of the victim. In fact, Article 235 paragraph (1) of Law Number 22 of 2009 concerning Traffic and Road Transportation explains that in the case of a driver who has caused death and has provided assistance to the victim's heirs in the form of medical expenses and / or funeral expenses, it will not dismiss the criminal case charges.
CRIMINAL PUNISHMENT AS AN EFFORT TO OVERCOME THE CRIMINAL ACT OF RECEIVING GOODS FROM THE PROCEEDS OF THE CRIME OF THEFT OF MOTOR VEHICLES Santoso, Muhammad Iqbal; Hartanto; Wiryadi, Uyan
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 3 (2025): Journal Indonesia Law and Policy Review (JILPR), June 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i3.386

Abstract

The most common criminal law in society is criminal acts against property (material crimes), such as theft, extortion, embezzlement, fraud, vandalism, and receiving. The existence of a receiver as a receiver for theft crimes makes it easy for the perpetrator to gain profit, so that the perpetrator of theft does not have to sell the stolen goods to consumers himself but can channel them through a receiver who pretends to be a trader. The problems that arise are both violations of social norms and legal regulations to create a phenomenon that is contrary to moral and ethical rules and legal regulations. In Article 480 of the Criminal Code concerning receiving goods, if understood from its elements, namely "required to know or should suspect that the goods received are the proceeds of crime" it is very confusing and difficult to distinguish if the goods received from the proceeds of crime were obtained in good ways and did not arouse any suspicion, such as buying and selling at a price that is generally appropriate, carried out in crowded and bright places and other ways that should not be suspected as crimes. (2) Recipients of goods resulting from crime who truly do not know and do not suspect that the goods they receive are the proceeds of crime for acceptable reasons as stated above can be considered consumers who must receive legal protection as regulated in Article 4 of Law Number 8 of 1999 concerning Consumer Protection.
PREVENTION OF FOREIGNERS ENTRY INTO INDONESIAN TERRITORIAL AREA ILLEGALLY Aim, Heru Al Zulkifli; Haryono, Waty Suwarty; Patramijaya, Arief
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.v6i2.388

Abstract

The objectives to be achieved in this study are to determine the causes and efforts to prevent foreigners from entering the Indonesian territorial area illegally. The research method used in this study is normative juridical (normative legal research method). Efforts that can be made to overcome the illegal entry and exit of foreigners include: First, cooperation with immigration in improving the performance of immigration intelligence. Second, create an online foreign national reporting system. Currently, the Directorate General of Immigration has created an online foreign national reporting system or https://apoa.imigration.go.id/. Third, provide a maximum criminal penalty where if reviewed from the regulatory arrangements above, namely for a maximum of one year, this penalty is considered too light even though the state losses incurred are quite large. This is the reason that many foreigners go through back channels to enter Indonesia.
ANALYSIS OF LEGAL CERTAINTY OF STANDARD CLAUSES IN SALE AND PURCHASE NOTES FROM THE PERSPECTIVE OF ISLAMIC ECONOMIC LAW AND CONSUMER PROTECTION LAW Putri, Renantha Meggy; Suhendra, Ahmad; Hayati, Murdika
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 3 (2025): Journal Indonesia Law and Policy Review (JILPR), June 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i3.391

Abstract

This research concerns the analysis of the legal certainty of standard clauses of sale and purchase notes, which aims to find out and analyze the standard clauses of sale and purchase notes from the perspective of sharia economic law and consumer protection law as well as a comparison between the two perspectives of sharia economic law and consumer protection law and to find out and analyze the certainty of sharia economic law and consumer protection law regarding standard clauses of sale and purchase notes. The object of this research is the provisions of the standard clauses of sales and purchase notes where consumers must comply with the contents of the standard clauses of sales and purchase notes made by business actors. The method used in this research is library research. The aim of this research method is to collect data and information with the help of various materials available in the library, including primary data sources in the form of the book Compilation of Sharia Economic Law, the book Law Number 8 of 1999 concerning Consumer Protection, books on economic law and sharia contracts in Indonesia, and books on the basics of consumer protection. while secondary data comes from articles, magazines and journals related to sharia economic law and consumer protection law regarding standard clauses in sales and purchase notes. The results of this research show that the analysis of legal certainty in the standard clauses of sales and purchase notes from the perspective of sharia economic law and consumer protection law is that there are consumer rights and obligations of business actors in the standard clauses of sales and purchase notes in sharia economic law and consumer protection law and meanwhile in the legal certainty in the standard clauses of standard sales notes, consumers obtain their rights and the consumer protection regulations regulated by law are guaranteed.
LEGAL REVIEW OF THE EFFECTIVENESS OF PROVIDING LEGAL AID BY ADVOCATES THROUGH DIGITAL MEDIA Ismaidar; Syaharani, Nabilah; Nurdiana, Citra; Saputra, Defri Dwi; Haharap, Rizki Nanda Fauzi
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.v6i2.418

Abstract

Technological advances in Indonesia have driven transformations in various sectors, including in the provision of legal aid services by advocates. This study examines the effectiveness of providing legal aid through digital media from a legal perspective, focusing on the opportunities and challenges faced in its implementation. Through a normative legal approach, this study analyzes the legal framework governing the practice of digital legal aid, including the Advocates Law, the ITE Law, and the Advocate Code of Ethics. The results of the study indicate that providing legal aid through digital media can increase the accessibility of legal services, especially for people in remote areas. However, its implementation still faces various challenges, such as the absence of specific regulations, data security issues, and digital infrastructure gaps. Advocates who provide services online can be categorized as Electronic System Organizers who must comply with the provisions of the ITE Law, especially regarding data protection and electronic transaction security. This study concludes that comprehensive regulatory updates are needed to regulate the practice of digital legal aid, as well as improving digital infrastructure and literacy to ensure service effectiveness. Key recommendations include the preparation of technical guidelines for the provision of digital legal aid and strengthening data security systems to protect client interests.
THE STRENGTH OF PHOTOCOPY EVIDENCE OF AUTHENTIC DEEDS IN JOINT PROPERTY DISPUTES Saputri, Disti Anggun; Ratnaningsih; Naimah
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 3 (2025): Journal Indonesia Law and Policy Review (JILPR), June 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i3.420

Abstract

Marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy family. In practice, not all marriages go according to plan, so divorce is a legal solution recognized by the state. Divorce not only affects the relationship between husband and wife but also causes disputes regarding the division of marital property. Marital property is joint property obtained during marriage and must be divided fairly after divorce. The legal process in court submits authentic evidence that has an important role in proving ownership of the division of marital property. Authentic evidence has higher legal force than other evidence so that it can provide legal certainty for the disputing parties. In addition, inconsistencies in evidence can cause a court decision to be detrimental to one of the parties because the evidence must ensure the validity of legal documents. As in dispute Number 1176 / Pdt.G / 2021 / PA.Lmj, the plaintiff submitted imitation authentic evidence in the trial process. This research method uses a normative legal research type using a case approach, a conceptual approach, and a statutory approach with a study of primary and secondary legal materials. The conclusion of this analysis is that the fake deed shown by the plaintiff does not have perfect evidentiary power because it is considered not attached to the deed itself, whereas in the Ratio legis as a reason for considering the judge's decision regarding the strength of authentic evidence, this fake can help the judge to make a fair decision based on the actual facts and provide legal certainty regarding the validity of the deed that is the object of the dispute.
THE PRINCIPLE OF FREEDOM OF CONTRACT IN INTERNATIONAL BUSINESS AGREEMENTS Yasin, Yani Yunisar; Ratnaningsih; Lawado, Irma Sahvitri
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 3 (2025): Journal Indonesia Law and Policy Review (JILPR), June 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i3.421

Abstract

This study aims to analyze the principle of freedom of contract in international business agreements, focusing on the language to be used in the agreement and applicable laws and regulations. The principle of freedom of contract is one of the basic principles in contract law that allows the parties to make agreements that suit their needs and interests. In international business agreements, the language used can play an important role in determining the meaning and interpretation of the agreement. Differences in language and culture can cause misunderstandings and difficulties in interpreting the agreements made. Therefore, this study will analyze how the use of Indonesian in international business contracts is reviewed from the principle of freedom of contract, as well as how legal reforms related to the use of language in international business contracts are more adaptive. This study uses a normative analysis method with a juridical approach. The results of this study indicate that the principle of freedom of contract in international business agreements allows parties to determine the language used in the agreement, one of which is Indonesian. However, the parties must consider the advantages and disadvantages of using the language and ensure that the use of the language is in accordance with the principle of freedom of contract and applicable laws and regulations. Therefore, it is important to consider the role of language in international business agreements and its implications for global business practices. This study is expected to contribute to the understanding of the principle of freedom of contract in international business agreements and the role of language in agreements. The results of this study can also be used as a reference for legal and business practitioners in making effective and efficient international business agreements.

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