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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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DISPUTE RESOLUTION ON CLASSIFICATION OF IMPORTED GOODS PARAQUAT DICHLORIDE FOR LEGAL CERTAINTY Enna Budiman; Timbo Mangaranap Sirait; Khalimi
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.v6i3.422

Abstract

The classification dispute over the import of Paraquat Dichloride between an importing company and the Directorate General of Customs and Excise has become an important precedent in Indonesian State Administrative Law (TUN), particularly in the customs sector. The dispute arose due to different interpretations of tariff classification: the importer classified Paraquat 42% Technical as a raw chemical (HS 2933.39.30.00) with a 0% import duty rate, while Customs classified it as a ready-to-use herbicide (HS 3808.93.19.00) with a 5% rate. This dispute had significant implications for the fiscal obligations of both the company and the state, and highlighted regulatory uncertainty in the pesticide industry. This study aims to analyze the dispute resolution mechanism in that context, covering the appeal process at the Tax Court, Judicial Review at the Supreme Court, and the broader implications for legal certainty and administrative practices. The method used is normative juridical with a statutory approach and a case study of court decisions. The analysis found and concluded: First, the administrative dispute resolution mechanism in customs classification follows a tiered process consisting of administrative objection, judicial appeal to the Tax Court, and judicial review (PK) to the Supreme Court. Second, in terms of legal reasoning, both the importer and DJBC presented arguments based on valid legal frameworks, but differed in interpreting the tariff classification, each supported by legally debatable claims. Third, the Tax Court and the Supreme Court assessed the case objectively using evidence such as laboratory analysis results, the Indonesian Customs Tariff Book (BTKI), and fundamental principles of administrative law. Fourth, the legal implications of the Supreme Court's ruling are highly significant for public administration, reinforcing the legal authority of DJBC and potentially serving as jurisprudence in the future.
JURIDICAL REVIEW OF THE EFFECTIVENESS OF LEGAL AID PROVISION BY ADVOCATES THROUGH DIGITAL MEDIA Ismaidar; Sayaharani, Nabilah; Nurdiana, Citra; Saputra, Defri Dwi; Haharap, Rizki Nanda Fauzi
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.v6i3.424

Abstract

The rapid advancement of technology in Indonesia has catalyzed transformation across various sectors, including the provision of legal aid services by advocates. This study investigates the effectiveness of delivering legal aid through digital media from a juridical perspective, with particular emphasis on the opportunities and challenges associated with its implementation. Employing a normative juridical approach, the research examines the legal frameworks regulating digital legal aid practices, notably the Advocate Law, the Electronic Information and Transactions (ITE) Law, and the Advocate Code of Ethics. The findings indicate that digital media can significantly enhance the accessibility of legal services, particularly for communities in remote areas. Nevertheless, the implementation of digital legal aid faces persistent challenges, including the absence of specific regulatory provisions, concerns over data security, and disparities in digital infrastructure. Advocates providing online legal services may be classified as Electronic System Providers and are thus obliged to comply with the provisions of the ITE Law, especially those relating to data protection and the security of electronic transactions. The study concludes that comprehensive regulatory reforms are essential to govern the practice of digital legal aid effectively, alongside efforts to improve digital infrastructure and literacy. Key recommendations include the development of technical guidelines for digital legal aid delivery and the reinforcement of data security systems to safeguard clients’ interests.
IMPLEMENTATION OF LEGAL PROTECTION FOR OUTSOURCED LABOR OF KALI BARU PORT STEVEDORING SERVICES COOPERATIVE Rahman, Abdul; Darwis, Nurlely
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.v6i3.426

Abstract

The Kali Baru Port Stevedoring Services Cooperative (TKBM) is an entity responsible for providing loading and unloading labor at Tanjung Priok Port. Issues such as workplace safety, worker welfare, and social security remain significant challenges. The research questions are: How is legal protection implemented for outsourced workers from the Kali Baru Port Stevedoring Services Cooperative who work at PT New Priok Container Terminal One (NPCT I)? What obstacles are faced in implementing legal protection for outsourced workers of the Stevedoring Services Cooperative at PT New Priok Container Terminal One (NPCT I) Port, and what efforts are being made to overcome these obstacles? This study aims to understand and analyze the implementation of legal protection for outsourced workers from the Kali Baru Port Stevedoring Services Cooperative working at PT New Priok Container Terminal One (NPCT I), and to identify, examine, and analyze the obstacles encountered in providing legal protection for these outsourced workers at PT New Priok Container Terminal One (NPCT I) Port. The research methods employed are juridical normative and juridical empirical. The findings addressing the two research questions indicate that worker protection under the Manpower Law aims to safeguard the fundamental rights of workers. The legal protection in question refers to both preventive and repressive legal protection for outsourced workers. The obstacles to implementing legal protection for outsourced workers at the Kali Baru Port Stevedoring Services Cooperative at PT New Priok Container Terminal One (NPCT I) Port include: human resource competency and quality, working conditions and infrastructure, regulations and institutional frameworks, economic and welfare aspects, and Occupational Safety and Health (K3) awareness and culture. Efforts undertaken to overcome these obstacles include: improving competency and training, enhancing infrastructure and equipment, strengthening regulations and supervision, increasing inter-agency coordination, raising K3 awareness, and improving welfare.
LEGAL PROTECTION OF PARTIES IN INFORMATION TECHNOLOGY-BASED MONEY LENDING AND BORROWING SERVICE CONTRACTS OR PEER-TO-PEER LENDING Febriansyah, Indria; Sinaga, Niru Anita
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.v6i3.427

Abstract

Legal Protection for Parties in Information Technology-Based Money Lending and Borrowing Service (LPMUBTI) or Peer-to-Peer (P2P) Lending Contracts in Indonesia. P2P Lending is a financial technology innovation that enables lenders and borrowers to transact directly without the intermediation of traditional financial institutions. Despite providing ease of access to financing, P2P Lending also presents various legal risks, such as imbalances in rights and obligations within contracts, misuse of personal data, and the proliferation of illegal platforms. This research employs a normative legal research method with a statutory approach and analyzes the regulations of the Financial Services Authority (OJK), particularly POJK Number 77/POJK.01/2016. The research findings indicate that although P2P Lending regulations are quite comprehensive, their implementation still faces various challenges, including low financial literacy among the public and weak supervision of illegal platforms. To create a fair, safe, and sustainable P2P Lending ecosystem, it is necessary to strengthen regulations, increase financial literacy, and provide more effective legal protection for lenders and borrowers. The recommendations provided include stricter law enforcement against illegal platforms, contract transparency, and education for the public regarding their rights as users of P2P Lending services.
LEGAL REVIEW OF PTUN DECISION NO. 87/G/2014/PTUN-JKT RELATED TO THE DISPUTE OVER THE DISMISSAL OF STUDENTS BY THE UNIVERSITY Sirait, Timbo Mangaranap; Khalimi; Naiborhu, Mesa Indra
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.v6i3.428

Abstract

Agent of change is one of the roles given to students, but sometimes in the process they experience obstacles until they are finally dismissed by the Chancellor, so that the decision needs to be analyzed from the perspective of state administrative and constitutional law. The research was conducted using the Normative Juridical Method through literature study and case analysis of PTUN Decision No. 87/G/2014/PTUN-JKT. The problems discussed are: (1) whether the decision is a beschikking that can be used as an object of dispute at the PTUN, and (2) how the constitutional basis strengthens the jurisdiction of the PTUN in this case. The results of the study show, First, that the rector's action fulfills the elements of a State Administrative Decision (Beschikking) and is thus valid as an object of lawsuit. Second, the jurisdiction of the State Administrative Court in the dispute is strengthened not only from the juridical aspect, but also from the principle of due process of law, the values of Pancasila, and the guarantee of the right to education in the constitution, thus recommending the need for caution of university officials in making administrative decisions to remain in line with the principle of substantive justice.
THE ROLE OF PTUN IN ADMINISTRATIVE SUPERVISION OF THE PROTECTION OF CITIZENS' RIGHTS Sirait, Timbo Mangaranap; Khalimi; Widjaja, Liza
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.v6i3.430

Abstract

In line with developments in science and sociology in society, there are currently many disputes related to state administrative law between state administrative agencies/officials and the community. This article will discuss decisions made by state administrative agencies or officials that are considered to have harmed the interests of the community in legal terms. The research method used is normative jurisprudence through literature study and case study. Primary data was obtained from official copies of decisions from the Supreme Court Decision Directory, while secondary data consisted of relevant administrative law literature and scientific articles. The research questions are: 1) What is the background of the administrative dispute between the State Administrative Body and the Business Entity in the Jakarta Administrative Court Decision No. 425/G/2024/PTUN/Jakarta? 2) What are the implications of this decision for future administrative practices in government (Ius Constituendum)? The findings and conclusions are as follows: First, the background of the administrative dispute in this case is related to an administrative decision (Beschikking) issued by the BKPM, which was deemed detrimental to the legal interests of PT. Global Akses Sinergi, according to the Indonesian legal system, as regulated by the Administrative Court. Second, this decision will contribute to the development of Indonesian administrative law toward the creation of better and more transparent law in the future (Ius Constituendum).
ENFORCEMENT OF ENVIRONMENTAL LAW IN POLLUTED RIVER BASINS McLaren, Heaven; Muhammad, Arif Nur; Darma, Rassel Surya
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.v6i3.436

Abstract

River pollution has become a crucial environmental issue in Indonesia, particularly in the Ciliwung River Basin (DAS), which flows through densely populated areas of Jakarta. This research aims to analyze the implementation of environmental law enforcement in polluted river basins in Indonesia, taking the Ciliwung River as a case study, and to identify lessons learned from Japan's success in overcoming river pollution. The research methodology uses a normative juridical and empirical juridical approach, with data collection techniques through literature review and observation. The results show that environmental law enforcement in the Ciliwung River Basin is not yet optimal due to weak inter-agency coordination, minimal community participation, and low implementation of administrative, civil, and criminal legal instruments. Meanwhile, Japan has successfully carried out river restoration through the implementation of comprehensive policies, including environmental law reform, strengthening law enforcement, community participation, and innovation in water management technology. This research recommends strengthening the implementation of Law No. 32 of 2009 concerning Environmental Protection and Management with an integrated approach that combines administrative, civil, and criminal legal instruments, and involves active community participation in efforts to restore the Ciliwung River Basin and other polluted rivers in Indonesia.
IMPLEMENTATION OF SPECIAL CHILD SERVICE ROOMS IN THE INVESTIGATION OF CHILDREN IN CONFLICT WITH THE LAW Tamba, Randi Pandapotan; DM, M. Yusuf; Andrizal
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.v6i3.444

Abstract

The purpose of this study is to analyze the implementation of the Special Service Room for Children in the Investigation of Children in Conflict with the Law at the Rokan Hilir Police, to analyze the obstacles to the implementation of the Special Service Room for Children in the Investigation of Children in Conflict with the Law at the Rokan Hilir Police, and to analyze efforts to overcome obstacles in the implementation of the Special Service Room for Children in the Investigation of Children in Conflict with the Law at the Rokan Hilir Police. The method used is sociological legal research. Based on the results of the study, it is known that the Implementation of the Special Service Room for Children in the Investigation of Children in Conflict with the Law at the Rokan Hilir Police that the special service room for children at the Rokan Hilir Police has not run as it should be mandated by Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, this is because there is no special service room for children in the investigation of children in conflict with the law. This room is not only a place for examination, but also a place for protection and psychological recovery for children. Obstacles are budget limitations and physical infrastructure limitations, lack of competent human resources, weak coordination between institutions, and the lack of collective awareness of the community about the importance of a just legal approach to children.
NOTARY FUNCTION IN TRANSFER OF SUBSIDIZED HOUSE OWNERSHIP CREDIT Mahreza, Safna Wira Agisna Irnadya; Gozali, Djoni Sumardi
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.v6i3.450

Abstract

Notary Notaries as public officials have an important role in ensuring legal certainty and protection in every agreement, including in the transfer of subsidized home ownership credit. Many credit transfers are carried out underhand, without the consent of the bank and without an authentic deed from the notary, thus creating legal uncertainty for new debtors who take over credit obligations. This study uses a normative legal research method with a statute approach, a conceptual approach, and a legal theory approach. The data used are secondary data in the form of primary, secondary, and tertiary legal materials which are analyzed qualitatively with descriptive analysis techniques. The results of the study show that: Notaries have the authority to make authentic deeds in the transfer of home ownership credit as regulated in Article 15 paragraph (1) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary (UUJN). Credit transfers carried out without a notarial deed and without the bank's approval are not legally recognized and are only considered as underhand agreements that have limited evidentiary power, and the failure to involve a notary in the credit transfer process can have legal consequences for the parties, especially for new debtors who do not have a clear legal standing, and are at risk of losing their rights to the house they have paid for.
RELATIONSHIP BETWEEN THE RESPONSIBILITY OF A NOTARY ON LEAVE AND THE REPLACEMENT NOTARY Maulida, Fitria; Faisal, Achmad
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.v6i3.451

Abstract

The appointment of a substitute notary during the notary's leave period is a provision regulated in Law Number 30 of 2004 concerning the Position of Notary as amended by Law Number 2 of 2014 (UUJN). This provision is intended to ensure the continuity of notarial services legally and uninterruptedly. However, in its implementation, the legal relationship between a notary on leave and a substitute notary often causes ambiguity, especially regarding the limits of authority, forms of responsibility, and legal consequences for errors that may occur during the replacement period. First Research Results: The legal relationship between a notary on leave and a substitute notary is based on UUJN. The main focus of the discussion includes the mechanism for appointing a substitute notary by the Regional Supervisory Board, the form of legal relationship established between the two parties, and the limits of the authority of the substitute notary in carrying out his/her duties. In this case, it is emphasized that the relationship between a notary on leave and a substitute notary is not a command or subordinate relationship, but rather a functional relationship that is individual and stands alone in terms of legal responsibility. Second: Specifically the form of responsibility of the substitute notary during the replacement period, especially if there is an error or negligence in making the deed. The substitute notary is fully responsible for every deed made during his/her term of office, without being able to transfer the responsibility to the notary he/she replaces. The responsibility covers three legal aspects, namely civil responsibility for losses incurred by the parties, criminal responsibility if there is an element of violation of the law or forgery, and administrative responsibility which can be in the form of reprimands, warnings, to temporary suspension. This discussion also describes the factors causing errors, starting from personal aspects such as lack of caution, to structural aspects such as weak supervision.

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