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Contact Name
Otto Fajarianto
Contact Email
ofajarianto@gmail.com
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+6281296890687
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ofajarianto@gmail.com
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Golden Plaza (D'Best) Blok E -16 Jl. RS. Fatmawati No. 15, Jakarta Selatan 12420
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Kota adm. jakarta selatan,
Dki jakarta
INDONESIA
Journal Indonesia Law and Policy Review (JILPR)
ISSN : -     EISSN : 2715498X     DOI : https://doi.org/10.56371/jirpl.v3i3
Core Subject : Humanities, Social,
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
LEGAL PROTECTION FOR DEBTORS IN FINANCING AGREEMENTS WITH FIDUCIARY GUARANTEES Suryanata, Yuana; Usman, Rachmadi
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.v6i3.452

Abstract

This study aims to analyze the form of legal protection for consumers in financing agreements with fiduciary guarantees and to identify legal problems that often arise in practice. This study uses a normative legal method with a statutory and conceptual approach. The main focus of the study is to examine the legal norms contained in laws and regulations, such as the Civil Code, Law Number 42 of 1999 concerning Fiduciary Guarantees, Law Number 8 of 1999 concerning Consumer Protection, as well as OJK regulations and Constitutional Court Decision Number 18/PUU-XVII/2019. In practice, standard agreements used by business actors often place debtors in a weak position because they have no room to negotiate. One of the detrimental clauses is the unilateral execution right by creditors without a fair dispute resolution mechanism. Based on the theory of legal protection by Philipus M. Hadjon, consumer protection must be provided preventively through the prohibition of detrimental clauses and repressively through effective dispute resolution, such as BPSK and class action. This study is prescriptive, emphasizing the importance of improving regulations and law enforcement in order to create fair legal protection. The results of the study indicate that even though legal instruments are available, violations of debtor rights still often occur, so strict supervision and education for consumers are needed in order to achieve fair and transparent financing practices.
LEGAL CERTAINTY IN THE SUSPENSION OF CRIMINAL CASES DUE TO THE EXISTENCE OF CIVIL CASES IN THE LEGAL JURISDICTION OF THE KAMPAR RESORT POLICE Hartono, Wandi; Harahap, Irawan; Pardede, Rudi
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.v6i3.453

Abstract

In the practice of criminal law enforcement in the jurisdiction of the Kampar Resort Police, legal issues often arise when a criminal case overlaps with a civil dispute. For instance, in cases involving alleged fraud or embezzlement, the reported party frequently argues that the matter is essentially a civil issue due to the existence of an agreement or contractual relationship between the parties. In this context, a legal question emerges regarding whether a criminal case may or should be suspended due to an ongoing or unresolved civil case. This situation creates tension between the principles of substantive justice, the doctrine of ultimum remedium in criminal law, and the principle of legal certainty. The objectives of this research are: to analyze legal certainty in the suspension of criminal cases due to the existence of civil cases within the jurisdiction of the Kampar Resort Police; to analyze the obstacles to legal certainty in such suspensions; and to analyze efforts to overcome these obstacles. The method used in this study is sociological legal research. Based on the findings, legal certainty in the suspension of criminal cases due to civil disputes in the Kampar Police jurisdiction has not been properly implemented. This is due to the legal provision that states criminal cases are not bound by civil proceedings. However, in practice, there is inconsistency in the application of this principle. In some instances, the criminal process continues despite ongoing civil litigation, while in others, it is suspended without a clear legal basis aside from the existence of a civil suit. The obstacles to legal certainty in the suspension of criminal cases include the lack of clear regulations and technical guidelines regarding the criteria and limits of suspension, limited protection for investigators' authority in making sensitive legal decisions, and conceptual confusion between criminal and civil matters, compounded by inadequate understanding among law enforcement officers. Efforts to overcome these obstacles include developing an internal policy framework in the form of technical guidelines or Standard Operating Procedures (SOPs) that detail when and under what conditions a criminal case may be suspended due to a civil dispute; the need for careful and well-documented legal assessments by investigators in every suspension process; and the establishment of official regulations or guidelines within the Indonesian National Police explicitly governing the limits and procedures for suspending criminal cases related to civil matters.
JURIDICAL ANALYSIS OF THE EVIDENTIARY PRACTICE IN CRIMINAL CONSPIRACY IN NARCOTICS CASES Hasibuan, Imelda; Japri, Muhammad; Ratnasari, Desy
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.v6i3.454

Abstract

This research aims to analyze the implementation of evidence and criminal liability in the offense of conspiracy to commit narcotics crime, as well as to evaluate the legal considerations of judges in delivering a not guilty verdict to the defendant based on the Supreme Court Decision Number 1488 K/Pid.Sus/2021. The problems in this case highlight the complexity of proving the involvement of actors in a conspiracy, especially in narcotics cases classified as extraordinary crimes. This study also examines the validity of the evidence and the conformity of law enforcement with the principles of justice and legality. The method used in this research is normative juridical, using statutory, conceptual, and case approaches. The data is collected through literature review and judicial decisions, then analyzed qualitatively using the theory of justice, theory of evidence, and theory of criminal responsibility. This approach allows the researcher to examine the application of legal norms and principles in the practice of law enforcement against conspiracy in narcotics crime. The results of the research show that the process of proving conspiracy in narcotics cases does not fully align with the principle of due process of law due to the lack of technical evidence convincing enough for the judges. Criminal liability in this case cannot be imposed collectively without strong individual evidence. Moreover, the Supreme Court's decision to reject the prosecutor’s cassation reflects the limited scope for legal correction in not guilty verdicts. This highlights the need for regulatory reform and strengthening the capacity of law enforcement officers to handle narcotics crimes in a more comprehensive and fair manner.
THE LEGAL IMPLICATIONS OF BREACH OF CONTRACT IN E-COMMERCE TRANSACTIONS Samiyono, Sugeng; Khairiyati, Fithry
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.v6i3.455

Abstract

This study, titled The Legal Consequences of Breach of Contract in E-Commerce Transactions under Law No. 19 of 2016 on Electronic Information and Transactions, addresses the legal framework governing online buying and selling activities in Indonesia, with particular focus on the consequences that arise when a seller fails to fulfil their contractual obligations. It examines how such transactions are regulated by the Electronic Information and Transactions Law and investigates the legal implications of breach of contract (wanprestasi) within that context. The research adopts a normative juridical approach, concentrating on the analysis of legal norms and principles within positive law. This doctrinal method relies primarily on written legal sources, including statutory provisions, academic literature, legal theories, and expert opinions relevant to the research topic. Data collection was conducted through library research, by reviewing and compiling both primary and secondary legal materials. These materials were then analysed using a qualitative normative method, which involves interpreting the law in a systematic and logical manner to evaluate its application to e-commerce transactions. The study ultimately aims to provide a comprehensive understanding of the legal process surrounding online commerce and to clarify the specific legal outcomes when a seller breaches their contractual duties under the prevailing legal framework.
SIGNING OF DEEDS CARRIED OUTSIDE THE AREA OF THE NOTARY'S OFFICE Alfathania, Rada; 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.v6i3.457

Abstract

Notaries as public officials have territorially limited authority in carrying out their duties based on Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Positions (UUJN). This study examines the legal problems that arise when a notary signs a deed outside his/her area of ??office, which is a violation of the provisions on the territorial authority of a notary. This study uses a normative legal research method with a statute approach and a conceptual approach. The data used are secondary data in the form of primary, secondary, and tertiary legal materials which are analyzed qualitatively using descriptive analysis techniques. The results of the study indicate that: First, the status of a deed signed outside the notary's area of ??office experiences a degradation of evidentiary power. Based on Article 15 paragraph (1) UUJN which states that a notary is authorized to make authentic deeds regarding all acts, agreements, and determinations required by laws and/or desired by the interested party to be stated in an authentic deed, but is limited to the area of ??his/her office as regulated in Article 17 paragraph (1) letter a UUJN. Deeds made outside the area of ??his/her office lose their authenticity and only have the power of proof as a private deed. Second, the legal consequences for a notary who signs a deed outside the area of ??his/her office can be in the form of administrative, civil, and criminal sanctions. Administrative sanctions are in the form of verbal warnings, written warnings, temporary dismissal, honorable dismissal, or dishonorable dismissal as regulated in Article 17 paragraph (2) UUJN.
PROSPECTIVE LEGAL CONCEPT ON THE FULFILLMENT OF SUPPORT OBLIGATIONS FOR CONVICTED PERSONS Wiyarso, Ardi; Yetti; Putra, Anggara
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.v6i3.458

Abstract

In many cases, prisoners serve as the primary breadwinners of their families, working to fulfill the needs of their wives and children before incarceration. When they begin serving their sentences, the families they leave behind often face severe economic hardship, which can lead to further social issues such as poverty, school dropouts, and even divorce. Although correctional institutions currently offer work training programs for inmates, these programs are generally not designed as productive work systems that guarantee fair wages or enable inmates to financially support their families. In cases where wages are provided, they are often symbolic or extremely minimal, with no systematic regulation within the national legal framework. Therefore, a legal breakthrough is needed in the form of regulation that affirms the rights of prisoners to work, receive fair compensation, and allocate their earnings to fulfill their family obligations. This study aims to analyze the concept of legal regulation concerning the obligation of prisoners to provide financial support, as well as to identify legal obstacles to the implementation of this obligation. The research method used is normative legal research. The findings indicate that the legal concept regarding the obligation of inmates to provide financial support remains largely unregulated under Indonesian law. Although prisoners retain responsibilities as heads of households, there is no binding legal mechanism requiring them to support their families during incarceration. While some correctional facilities offer work training and handicraft production programs, there is no structured system linking the income generated to the legal obligation of supporting their families. This highlights the urgent need for more operational, progressive, and socially just legal regulations. The legal perspective on the obligation of inmates to provide support holds that incarceration does not nullify this duty. Both marriage law and the Compilation of Islamic Law continue to require husbands or parents to provide financial support. However, there are currently no specific norms or provisions in Indonesian positive law that directly regulate or enforce this obligation in the context of incarceration. As a result, the families of inmates often lose their primary source of income without adequate legal protection. An ideal legal framework should align inmates’ rights as correctional residents with their social obligations as family heads, materialized through fair and responsive legal arrangements that reflect social realities.
LAW ENFORCEMENT AGAINST THE POLICE PROFESSIONAL CODE OF ETHICS DUE TO DESERTION COMMITTED BY POLICE MEMBERS ENDING IN DISHONORABLE DISCHARGE Putra, Alghoni Bumantara; Kadaryanto, Bagio; Pardede, Rudi
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.v6i3.459

Abstract

The police disciplinary code reflects a noble ideal and aspiration—namely, to uphold and maintain the image of the Indonesian National Police (Polri) as a noble profession (officium nobile). Every member of the police force is expected to preserve their dignity and honor as individuals entrusted by society to maintain public order and security, to enforce the law in times of legal conflict, and ultimately, to offer protection and guidance to the community. This study aims to analyze the enforcement of the Police Professional Code of Ethics in response to cases of desertion by police officers that result in dishonorable discharge within the jurisdiction of the Riau Regional Police (Polda Riau). Specifically, the study examines the legal enforcement process, the barriers faced, and the efforts made to overcome those obstacles. This research employs a sociological legal approach. The findings reveal that enforcement of the Police Code of Ethics in desertion cases that end in dishonorable discharge is carried out firmly in accordance with Chief of Police Regulation Number 7 of 2022 on the Police Code of Ethics. Each proven case of severe desertion leads directly to an ethics tribunal, where—if found guilty—the officer is sanctioned with dishonorable discharge. The process begins with attendance verification, clarification, and the preparation of documents for the ethics hearing. This firm stance reflects the professionalism and institutional commitment of Polri. However, it also highlights a lack of preventive and developmental approaches, particularly in the early stages before violations occur. The main barriers in enforcing the code include: (1) systemic weaknesses in attendance reporting, where desertion cases are often detected too late due to unmonitored absenteeism; (2) organizational structural issues, where the guidance and mentoring functions remain reactive rather than proactive; and (3) organizational cultural tendencies to treat violations solely as grounds for punishment, without addressing underlying causes such as psychological stress, family problems, or work fatigue. Efforts to overcome these challenges include: (1) digitalizing the attendance and reporting systems to enable real-time monitoring; (2) strengthening moral and mental development, especially for personnel in remote or high-stress areas; (3) establishing internal preventive support systems, such as communication forums, counseling services, and informal coaching activities; (4) introducing tiered sanction policies, with dishonorable discharge reserved for repeated or severely intentional desertion; and (5) reforming organizational culture to foster more open, communicative, and supportive interactions between superiors and subordinates.
LAW ENFORCEMENT AGAINST PALM OIL THEFT Minggu, Sumber Horas; DM, M. Yusuf; Pardede, Rudi
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.v6i3.460

Abstract

Local governments and law enforcement agencies must promote legal education, improve the economic conditions of nearby communities, and strengthen security systems in areas vulnerable to theft. In this way, law enforcement can be more balanced: ensuring legal certainty, providing protection to victims, and acknowledging the humanitarian aspects concerning offenders who steal out of economic necessity. The aim of this study is to analyze Law Enforcement Against the Criminal Act of Palm Oil Theft in the Jurisdiction of the Bengkalis Police, to examine the obstacles to enforcement, and to identify efforts to overcome these obstacles. The method used in this research is sociological legal research. Based on the research findings, law enforcement against palm oil theft in the Bengkalis jurisdiction has not been effectively implemented. This is evidenced by the increasing frequency of palm oil theft cases within short time intervals. Although the police have taken various repressive measures, these crimes continue to recur and even tend to escalate. The public has become aware of how to circumvent legal repercussions, particularly regarding the threshold of financial loss stipulated in Supreme Court Regulation (Perma) Number 2 of 2012, which states that theft causing losses below Rp2,500,000 can be classified as a minor offense (tindak pidana ringan, or tipiring). Many offenders intentionally limit the amount of fresh fruit bunches (FFB) stolen to keep the value below this threshold. This tactic is deliberately used to avoid full criminal prosecution or harsher penalties. Obstacles in enforcing the law against palm oil theft in the Bengkalis region include: A lack of deterrent effect due to lenient penalties, Difficulty in proving the crime and calculating actual losses, Manipulation of stolen goods’ value by offenders, Socio-economic challenges faced by the surrounding communities.
LAW ENFORCEMENT AGAINST PIMPS IN UNDERCOVER PROSTITUTION THROUGH "PLUS" MASSAGE PARLORS Ardan, Andra; DM, M. Yusuf; Pardede, Rudi
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.v6i3.461

Abstract

Clandestine prostitution through massage parlors in the jurisdiction of Polresta Pekanbaru exemplifies how social crimes have evolved over time by exploiting regulatory loopholes. This form of prostitution is concealed under the guise of legitimate massage or spa services, making it difficult for law enforcement agencies to detect. In reality, these services involve sexual activities managed by pimps. The aim of this study is to analyze law enforcement efforts against pimps involved in clandestine prostitution in massage parlors within the jurisdiction of Polresta Pekanbaru, to identify the obstacles hindering such enforcement, and to explore strategies to overcome these challenges. The research employs a sociological legal method. The findings indicate that law enforcement efforts in this context have not been fully effective. Although the police and related agencies have undertaken enforcement actions, prostitution under the cover of massage parlors continues to thrive. These establishments often offer hidden sexual services. Operators or pimps typically disguise these activities using coded language with regular clients or through closed digital communication networks. This demonstrates that pimps have developed more sophisticated and discreet operational systems that are difficult for law enforcement to detect directly. Several obstacles hinder effective law enforcement: First, massage parlors often continue operating covertly after being raided, simply by changing their business name, location, or service format. Second, the absence of consistent and routine monitoring by both law enforcement and regulatory agencies allows these operations to resume freely. Third, the lack of legal education and awareness programs at the community level contributes to public ignorance, making people less likely to participate in prevention or report prostitution-related activities. To overcome these challenges, several efforts are necessary. First, there must be strengthened administrative oversight and improved business licensing verification systems. Second, a joint task force comprising multiple government agencies should be established to conduct regular inspections and supervision of locations suspected of facilitating clandestine prostitution. Third, law enforcement and local governments should initiate community-based legal education programs, particularly in areas vulnerable to or near suspected prostitution sites.
GOVERNMENT EFFORTS TO ENHANCE PUBLIC GREEN OPEN SPACES Ferizko, Adia
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.v6i2.481

Abstract

This research explores the government's initiatives to improve public green open spaces in Pekanbaru City. Utilizing a qualitative approach, data were obtained through interviews, field observations, and documentation. The results show that the government has implemented a range of measures, such as urban spatial planning strategies, the construction of parks and green areas, and programs to raise environmental awareness. Despite these efforts, several obstacles persist, including scarce land availability, limited public involvement, inadequate funding, weak coordination among agencies, and the lack of green spaces in densely populated areas of the city.

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