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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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IMPLEMENTATION OF WASTE MANAGEMENT POLICY Nusi, Marten; Arman; Prahara, Sandi; Razak, Darmawaty Abd
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.v6i2.486

Abstract

The purpose of this study is to analyze the process of implementing the policy implementation of Gorontalo City regional regulation no. 12 of 2017 concerning Waste Management in Hulonthalangi District. This research was conducted by a qualitative method, the data collection techniques used were using interviews, observations and documentation. The data analysis technique is interactive data analysis. The results of the research as indicators of the success of policy implementation used in this study, both in terms of socialization, the availability of supporting facilities, and factual budget support are not available or can even be said to have received full attention from the Gorontalo City local government. As suggestions and recommendations that can be given by researchers as part of constructive things, the importance of education that is continuously carried out massively by local governments, the need for full penetration from local governments on the availability of supporting facilities and infrastructure, the availability of sufficient budgets as part of policy financing also needs to be prepared by local governments, communication and coordination across sectors, addition to temporary waste collection points at each point in each sub-district in the Gorontalo City area.
RESOLUTION OF DISPUTES OVER LABOR INSPECTOR DETERMINATIONS ON OVERTIME WAGE DEFICIENCIES Aswin Ardiansyah Huda; Budiman, Anwar; Setyowati, Retno Kus
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 1 (2025): Journal Indonesia Law and Policy Review (JILPR), October 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i1.362

Abstract

Workers sometimes encounter differences in calculation with employers regarding the amount of overtime wages they should receive. In such cases, workers tend to leave the resolution of overtime wage discrepancies to labor inspectors. Labor inspectors will examine the implementation of overtime wage payments and issue a determination of the overtime wage amount. Parties who object to this determination may pursue legal remedies in the administrative court. The court's decision on the determination may result in either an acceptance (kabul) decision or a dismissal decision. These differing decisions are intriguing to analyze, as they pertain to the same administrative object but may lead to two different outcomes. The objective of this study is to analyze how labor inspector determinations in disputes over unpaid overtime wages constitute administrative decisions and to examine the legal application in resolving such disputes to provide legal certainty for both employers and workers. This study employs a normative juridical research method analyzed qualitatively. The study concludes that labor inspectors' determinations meet the criteria for administrative decisions. The application of the law through acceptance decisions provides greater legal certainty as it aligns with the fulfillment of administrative dispute criteria under statutory regulations and ensures legal certainty for both employers and workers regarding the payment of unpaid overtime wages.
LEGAL PROTECTION FOR NOTARIES INVOLVED IN CRIMINAL CASES IN THE DRAFTING OF AUTHENTIC DEEDS Uyuni, Neng Laura Rakhmatul; Mispansyah
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 1 (2025): Journal Indonesia Law and Policy Review (JILPR), October 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i1.464

Abstract

A legal uncertainty faced by Notaries when they are summoned or charged in criminal proceedings related to their official duties will be something that worries them. As public officials, Notaries often become suspects in cases involving authentic deeds that were made under lawful authority. Many of these cases arise not from intentional wrongdoing, but from misinterpretations of professional acts as criminal offenses. The main legal issue lies in the ineffective protection mechanism stipulated in Article 66 of the Notary Law. The concept of automatic approval (fictitious positive consent) by the Notary Honorary Council (MKN) creates a serious gap in safeguarding the Notary’s position. Additionally, the lack of substantive assessment standards in the MKN's review process reduces the meaningful protection of Notaries’ legal rights. This research uses a normative juridical approach, analyzing legal protection theory and the concept of justice in professional accountability. The findings suggest the need for regulatory reform, including amendments to the notarial law and institutional strengthening of MKN’s authority. A significant recommendation is the formation of a legal assistance unit within the notarial professional organization to represent and defend notaries under legal threat. The ethical independence of Notaries must be preserved, especially when facing undue pressure from clients, state actors, or law enforcement. Legal protection should not only focus on procedures but also uphold the integrity and neutrality of the notarial profession. These legal improvements are essential to prevent the misuse of criminal law against Notaries and to support a more just legal framework.
THE AUTHORITY OF THE NOTARY HONORARY COUNCIL FROM AN ADMINISTRATIVE LAW PERSPECTIVE Nur, Muhammad Bahtiar; Muhjad, Hadin
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 1 (2025): Journal Indonesia Law and Policy Review (JILPR), October 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i1.466

Abstract

The Authority of the Notary Honorary Council from an Administrative Law Perspective. This study aims to determine and analyze the existence of the Notary Honorary Council within the notary profession. Furthermore, it aims to determine and analyze the authority of the Notary Honorary Council regarding Notaries involved in criminal cases. This legal research uses normative legal research or library legal research. This research is prescriptive in nature. The research approaches used are the Statutory and Conceptual Approaches. The Notary Supervisory Council's role in supervising Notaries before the enactment of Law No. 30 of 2004 was carried out by the Court, as stated in Staatsblad 1860 concerning the Regulations on the Position of Notaries. After Law No. 30 of 2004, supervision of Notaries was carried out by the Regional Supervisory Council. After Law No. 2 of 2014, the Notary Honorary Council was created as a replacement for the Regional Supervisory Council, with the same function: approving or rejecting summonses issued by law enforcement officers for Notaries. The authority of the Notary Honorary Council in criminal proceedings involving Notaries highlights the potential dilemma between the obligation to maintain professional confidentiality and to provide testimony, as well as the problems that arise, especially at the investigative stage, regarding the approval of the Notary's summons. The procedure for summoning a Notary that requires the approval of the Notary Honorary Council has the potential to conflict with the principles of simple, fast, and low-cost justice, as well as the principle of equality before the law.
IMPLEMENTATION OF MINISTER OF TRADE REGULATION NUMBER 8 OF 2024 CONCERNING IMPORT PROHIBITIONS AND RESTRICTIONS AS ONE OF THE FACTORS IN THE IMPOSITION OF HIGH RECIPROCAL TARIFFS BY THE UNITED STATES Gunawan Widjaja; Enna Budiman; Wagiman
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 1 (2025): Journal Indonesia Law and Policy Review (JILPR), October 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i1.468

Abstract

Regulation of the Minister of Trade of the Republic of Indonesia Number 8 of 2024 (Permendag 8/2024) is a significant change in import policy, including certain import prohibitions and restrictions. The implementation of this regulation has an impact on increasing the flow of imported goods to Indonesia, but has also drawn attention from the United States. The US government responded to this policy by implementing high reciprocal import tariffs on Indonesian products as a retaliatory measure. This study examines the normative-juridical content of Permendag 8/2024 along with its impact on international trade, as well as the United States' legal response through reciprocal tariffs. The analysis focuses on the conformity of the policies of the two countries with the legal provisions of the World Trade Organization (WTO), especially the General Agreement on Tariffs and Trade 1994 (GATT 1994) and the Dispute Settlement Understanding (DSU). Through the normative-juridical research method, this paper finds indications of violations of WTO principles in Indonesian policies as well as unilateral US retaliatory actions. Trade dispute simulations indicate that settlement options may be pursued through diplomacy and WTO dispute resolution mechanisms rather than unilateral retaliatory actions that violate the DSU. This in-depth study is expected to provide a comprehensive understanding of the legal implications of Indonesia's trade policy and the United States' reciprocal response within the framework of international trade law.
THE ROLE OF LPSK TOWARDS THE DISTRIBUTION OF LOSSES AND DISTRIBUTIVE JUSTICE TO VICTIMS Widjaja, Gunawan; Wagiman; Widjaja, Liza
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 1 (2025): Journal Indonesia Law and Policy Review (JILPR), October 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i1.469

Abstract

This article aims to analyze the role of the Witness and Victim Protection Agency (LPSK) in the distribution of losses experienced by victims and its contribution to realizing distributive justice. The problem formulations proposed in this research are: (1) What is the form of loss distribution provided by LPSK to victims of crime? and (2) What are the challenges faced by LPSK in implementing loss distribution and realizing distributive justice for victims? This research uses a normative juridical approach by analyzing the applicable laws and regulations as well as the LPSK annual report as research material.
LEGAL LIABILITY FOR FALSE INFORMATION IN NOTARIAL DEEDS Fail, Aswin Setiadi; Mispansyah
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 1 (2025): Journal Indonesia Law and Policy Review (JILPR), October 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i1.470

Abstract

This study aims to analyze the forms of notarial liability for deeds containing false information and to determine the legal consequences for deeds that are later proven to be false or not in accordance with applicable provisions. It also examines how the theory of error applies to alleged false information in authentic deeds prepared by notaries. This study uses a normative research method, employing a statutory approach and a case study approach. The legal material collection technique used is a literature study. This legal material analysis technique is based on a normative juridical perspective. The aim is to answer the problems discussed. The first research result: legal liability for parties containing false information in notarial deeds includes criminal liability in the form of imprisonment and civil liability in the form of compensation and administrative sanctions, as stipulated in Law No. 2 of 2014 concerning Notary Positions, resulting in the deed being legally void and becoming a private deed. Second Research Findings: Notaries cannot be held legally accountable without fault, even if there is an alleged violation of the law.
ISSUANCE OF LAND TITLE CERTIFICATES AS LEGAL CERTAINTY GUARANTEE FOR LAND TITLE HOLDERS Prihatmaka, Wahyu; Hasnati; Yetty
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 1 (2025): Journal Indonesia Law and Policy Review (JILPR), October 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i1.471

Abstract

Ownership of land that is not supported by sufficient evidentiary strength is vulnerable to unilateral claims, forced takeovers, and even criminalization of ownership. A certificate, which should serve as a legal shield for the owner, may instead become the source of disputes if the issuance process is not carried out in accordance with legal norms. In this context, the legal protection theory developed by Philipus M. Hadjon becomes relevant, which states that legal protection should not only be reactive in the event of rights violations but must also be preventive through orderly and transparent administrative systems and procedures. The objective of this research is to analyze the legal regulation of land title certificate issuance as a guarantee of legal certainty for land rights holders and to examine the legal implications of such issuance. The method employed is normative legal research. Based on the results of the study, it is found that the legal regulation regarding the issuance of land title certificates as a guarantee of legal certainty has been systematically stipulated in various laws and regulations, especially in Law Number 5 of 1960 concerning Basic Agrarian Principles (UUPA) and Government Regulation Number 24 of 1997 concerning Land Registration. The issuance of certificates is the final result of the land registration process conducted by the National Land Agency (BPN) and holds legal force as legitimate legal proof of ownership. Certificates provide both administrative and judicial legal guarantees over land owned by an individual, while simultaneously creating legal certainty and legal security in every land transaction. The legal implications of the issuance of land title certificates as a guarantee of legal certainty for landholders include, among others, that the certificate confers legitimacy of ownership to a legal subject over a specific parcel of land. The certificate serves as prima facie evidence, which places the certificate holder in a strong legal position in land disputes, unless there is compelling evidence to the contrary. However, if the certificate is legally flawed due to procedural errors, data falsification, or abuse of authority by land officials, then the certificate may be annulled based on a court decision with permanent legal force. In such cases, the consequence is the loss of ownership rights and the potential imposition of legal liability on the owner and the responsible officials, including civil and criminal accountability.
ELECTRONIC REGISTRATION OF SECOND RANK MORTGAGE RIGHTS ON COLLATERAL OBJECTS WITH ADMINISTRATIVE VILLAGE CHANGES Mariatun, Lisna; Muhjad, Hadin
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 1 (2025): Journal Indonesia Law and Policy Review (JILPR), October 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i1.473

Abstract

The purpose of this research is to analyze the registration of Second-Ranking Electronic Mortgage (Hak Tanggungan) over collateral objects that have undergone an administrative change in their urban village (kelurahan) designation, with a case study in Selat Subdistrict, Kapuas Regency. The type of research used is normative legal research, which involves inventorying and analyzing statutory regulations. The nature of the research is prescriptive-analytical, aimed at finding legal solutions to existing issues from the perspective of the researcher.The first research finding reveals that the registration of a second-ranking electronic mortgage over a collateral object that has experienced a change in administrative location (from Selat Tengah to Selat Barat) cannot be carried out if the first-ranking mortgage has already been registered. This is because an administrative update to the collateral object’s location must first be conducted. In the Computerized Land Activities System (KKP), a collateral object already encumbered by a first-ranking mortgage is registered as an active mortgage record until that activity is concluded through a mortgage release (roya). Therefore, to update the location from Selat Tengah to Selat Barat, the existing mortgage record must be closed first. The second finding shows that, as an effort to maintain their position as the holder of the first-ranking mortgage, the creditor may based on the Mortgage Law (UUHT) ssue a Power of Attorney to Grant Mortgage (SKMHT) in accordance with Article 15 of the UUHT, followed by the release of the first-ranking mortgage based on Article 18 paragraph (1) letter b, which allows the mortgage to be released by the mortgage holder. Afterward, the administrative location update of the collateral object from Selat Tengah to Selat Barat can be processed. Once the data has been validated, the creditor can then execute a new Deed of Granting Mortgage (APHT) to re-register the first-ranking mortgage based on the SKMHT.
IMPLEMENTATION OF MONITORING AND INVESTIGATION RESULTS BY THE ROKAN HILIR REGENCY INSPECTORATE AUDITOR ON REGIONAL PROPERTY Rahmadani, Wahyu; Ardiansah; Andrizal
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 1 (2025): Journal Indonesia Law and Policy Review (JILPR), October 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i1.475

Abstract

The purpose of this study is to analyze the implementation of the monitoring and investigation results by the Inspectorate Auditor of Rokan Hilir Regency on regional-owned assets, to analyze the obstacles in the implementation, and to analyze the efforts made to overcome those obstacles. The method used is sociological legal research. Based on the research findings, it is known that the implementation of the monitoring and investigation results by the Inspectorate Auditor of Rokan Hilir Regency on regional-owned assets has not been running optimally. This is evident from the discrepancies between audit findings and the corrective actions taken by the relevant Regional Government Organizations (OPD). Although some corrective measures have been initiated—such as updating inventory data, re-labeling items, and organizing asset documentation—these efforts are not yet evenly implemented across all OPDs and are not fully in accordance with the provisions of asset management as regulated in the Regulation of the Minister of Home Affairs Number 47 of 2021 concerning Procedures for Bookkeeping, Inventory, and Reporting of Regional-Owned Assets. The obstacles in implementing the monitoring and investigation results include, first, from an administrative perspective, the presence of numerous assets without adequate supporting documents such as certificates, handover reports, or decisions determining the status of use. These assets frequently become recurring findings due to the lack of legal and physical verification. Second, from a technical perspective, some OPDs do not have dedicated personnel managing assets, resulting in the responsibility being handed to other staff members who lack relevant expertise. Third, challenges also arise from asset control by third parties. Efforts to overcome these obstacles include, first, reorganizing the asset documentation system and strengthening internal supervision.

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