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Otto Fajarianto
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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 215 Documents
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THE URGENCY OF A NOTARY DEED IN CHANGING A INDIVIDUAL COMPANY INTO A CAPITAL PARTNERSHIP COMPANY Yullananda; Usman, Rachmadi
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.v7i1.476

Abstract

The Urgency of Notarial Deed in Changing a Sole Proprietorship to a Capital Partnership Company. This study aims to determine and analyze how a sole proprietorship changes to a capital partnership company and the urgency of a notarial deed in changing a sole proprietorship to a capital partnership company. This legal research uses a normative legal research type, the research approach used is the Statutory approach and the Conceptual Approach. A Sole Proprietorship is required to convert to a capital partnership company if the shareholder is more than one person and/or has exceeded the UMK qualification limit. as regulated in Article 9 of PP No. 8 of 2021 where the change in status is carried out through a notarial deed and registered electronically with the Minister of Law and Human Rights, if two Sole Proprietorships want to merge, it cannot be done through a formal merger as regulated in Law No. 40 of 2007. Because there are no regulations governing the process of changing additional shares through a merger between a Sole Proprietorship and another Sole Proprietorship. The change in legal form from a Sole Proprietorship to a Capital Partnership has significant legal and administrative consequences, thus requiring the formal involvement of a notary. The notarial deed is very important in this process because it is the legal basis needed to validate the existence and new structure of the company which is no longer owned by a single person based on Article 9 paragraph (2) of PP No. 8 of 2021.
THE NOTARY’S AUTHORITY IN ENSURING THE VALIDITY OF INTERNASIONAL CONTRACTS WITH A CHOICE OF LAW Armiandi, Nur Hikmah
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.v7i1.480

Abstract

Globalization has increased cross-border business interactions, resulting in international business contracts involving multiple jurisdictions and legal systems. A critical clause in these contracts is the choice of law or the selection of foreign law. This article aims to analyze the authority of notaries in ensuring the validity of international business contracts involving foreign law under Indonesian law. The method used is normative juridical with statutory and conceptual approaches. The study finds that notaries have attributed authority to draft authentic deeds, provide legal counseling, and ensure that contract clauses comply with national legal principles. Notary involvement plays a preventive role in minimizing disputes by aligning contract contents with public policy. Therefore, the notary’s preventive role is essential in ensuring legal certainty for parties engaging in cross-jurisdictional agreements.
REPORTING OF TESTAMENTARY DEEDS FOR INDONESIAN CITIZENS ABROAD Salsabila, Nadia
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.v7i1.485

Abstract

This article will discuss the inconsistency of will reporting arrangements for Indonesian citizens abroad. The purpose of this research is to review and analyze the synchronization of Article 11 paragraph (1) of the Regulation of the Minister of Law and Human Rights Number 60 of 2016 with Article 8 letter c of the Regulation of the Minister of Foreign Affairs Number 5 of 2018 and to review and analyze the roles and responsibilities of Notaries in reporting testamentary deeds for Indonesian citizens abroad. By using normative juridical research, this research is prescriptive and uses the type of research on the level of vertical and horizontal synchronization. The approaches used by the author are statute approach and conceptual approach. Results of the research, First : The synchronization of the provisions of reporting the will deed for Indonesian citizens abroad is carried out by seeing that the position of Article 8 letter c of the Minister of Foreign Affairs Regulation Number 5 of 2018 is a specificity of Article 11 paragraph (1) of the Minister of Law and Human Rights Regulation Number 60 of 2016. Second: Notaries only have responsibility for the deeds they make or that are presented to them. Therefore, the Notary does not have a direct obligation and responsibility to report on testamentary deeds made by Indonesian citizens abroad.
THE ROLE OF TECHNOLOGY IN ADDRESSING THE WASTE EMERGENCY IN INDONESIA: A SOCIOLOGICAL STUDY OF DIGITAL WASTE BANK INNOVATION IN URBAN AREAS Halim, Paisal; Badruddin, Syamsiah; P, Suci Ayu Kurniah; Damayanti, Dian
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.v6i3.500

Abstract

The waste management crisis in Indonesia, particularly in urban areas, has spurred the emergence of various digital technology-based innovations, including digital waste bank applications such as eRecycle, Octopus, and Rekosistem. This study aims to analyze the role of these technologies in changing community participation patterns and their impact on community social dynamics. The research employed a qualitative approach using in-depth interviews, participant observation, and document study in three major cities : Jakarta, Makassar, and Surabaya. Findings indicate that economic incentives were the initial motivation for app use, but ecological awareness grew with continued participation. Technology also plays a role in shaping new forms of social capital through system transparency, participatory reporting, and strengthening community networks. However, there is a transformation from collective social interaction patterns to more individualistic digital participation. In addition, digital literacy barriers, limited access to technology, and social stigma against waste sorting activities remain serious challenges in creating inclusive engagement. The conclusion of this study confirms that the success of digital waste bank applications is highly dependent on the integration between technological innovation and community-based social approaches. This study recommends the need for strategies to strengthen digital social capital, public education, and policies that guarantee fair access and participation in technology-based waste management.
COMMUNITY PARTICIPATION IN EMERGENCY WASTE MANAGEMENT: BETWEEN SOCIAL MOVEMENTS AND COMMUNITY INDEPENDENCE Badruddin, Syamsiah; Halim, Paisal; P, Suci Ayu Kurniah
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.v6i3.501

Abstract

The waste emergency in Indonesia is not only a technical issue, but also a social problem closely related to community participation patterns. This study aims to analyze how communities engage in waste management efforts through two main approaches: environmentally based social movements and strengthening community independence. A qualitative approach was used with case studies in three urban areas: Jakarta, Makassar, and Yogyakarta. Data were collected through in-depth interviews, participant observation, and community documentation. The research results show that community participation grows through a combination of ecological awareness, social mobilization, and local leadership. Social movements are able to raise collective spirit, while community independence determines the sustainability of the program. Success factors include the presence of driving figures, networks between residents, and local policy support. This research confirms that synergy between social movements and strengthening community independence is an important foundation in responding to the waste emergency in an inclusive and sustainable manner.
LIMITS OF DEFAULT AND FRAUD IN LOAN AGREEMENTS Wijaya, Adi; Kursiswanti, Eli Tri; Liwa, Maria Ana
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.v6i3.506

Abstract

This article examines the legal boundaries between default (breach of contract) and fraud in loan agreements under Indonesian law. Although default is essentially a civil matter arising from contractual relationships, in practice, many cases are criminalized under fraud charges. The study employs a normative juridical method with a doctrinal approach, relying on statutory interpretation of the Indonesian Civil Code (Article 1320) and the Criminal Code (Article 378), supported by legal scholarship, jurisprudence, and case examples. Through qualitative analysis of primary, secondary, and tertiary legal materials, the study highlights how good faith distinguishes default from fraud, while fraudulent intent (mens rea) can shift a contractual breach into a criminal offense. The findings indicate that overcriminalization of contractual disputes risks undermining legal certainty and justice for parties. Therefore, law enforcement officials must carefully assess whether a dispute falls within the civil domain or fulfills the elements of a criminal act. This article concludes that default should remain a civil matter unless deceit and malicious intent are present from the outset of the agreement.
CRIMINAL LIABILITY FOR NOTARIES THOSE INVOLVED IN DOCUMENT FORGERY Lestari, Fifi Ayu
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.v7i1.514

Abstract

The purpose of writing this journal is to analyze and examine how criminal liability for Notaries involved in document forgery is viewed from a criminal law perspective and how criminal law provisions apply to Notaries involved in document forgery. Article 1 paragraph (1) of the Notary Law states that a Notary is a Public Official who is authorized to make authentic deeds and has other authorities as referred to in this Law or based on other Laws. Notaries obtain attributional authority from the State through the Notary Law, meaning that this authority is inherent in the Notary's Office. In carrying out their duties and positions, Notaries are generally assisted by Notary staff, in this case preparing everything needed to make authentic deeds. One of the documents that must be prepared by Notary staff is a letter. Notary staff only assists in carrying out their work. Responsibility for authentic deeds remains the responsibility of the Notary. If the Notary commits the crime of document forgery which results in defects in the authentic deed, it is possible that the Notary must be held responsible for this. Forgery of letters that occurs can occur due to the falsification of the contents of the letter or the falsification of the authority and the contents of the authority in the letter. Criminal liability for a Notary if proven to have committed the crime of forgery of letters is the crime of participation in the crime of forgery of letters contained in Article 55 Jo. Article 263 paragraph (1) and (2) of the Criminal Code or Article 264 or 266 of the Criminal Code, as well as Article 56 paragraph (1) and (2) Jo. Article 263 paragraph (1) and (2) of the Criminal Code or Article 264 and Article 266 of the Criminal Code, because the Notary is considered negligent in carrying out his duties and position.
THE ROLE OF THE CONSTITUTIONAL COURT IN DECIDING DPT DISPUTES AND THE IMPLICATIONS OF THE CONSTITUTIONAL COURT DECISION NO. 102/PUU-VII/2009 Rifat, Tb
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.v7i1.515

Abstract

The background of the problem in this research is related to the Constitutional Court Decision Number 102/PUU-VII/2009 which is a significant breakthrough in the Indonesian legal system, particularly in relation to guaranteeing citizens' constitutional rights in political participation. This decision regulates the use of population identity for prospective voters who are not registered in the Permanent Voter List (DPT), which was previously not permitted in the provisions of Article 28 and Article 111 of Law No. 42 of 2008. The purpose of this research is to analyze the implications of this decision in upholding justice and the constitutional rights of citizens. The benefit of this research is to provide a deeper understanding of the role of the Constitutional Court in safeguarding the political rights of Indonesian citizens. The method used is a case study with an analytical approach to the Constitutional Court Decision and relevant laws. The results of the study indicate that this decision provides space for prospective voters who are not registered in the DPT to still exercise their right to vote, thus restoring constitutional rights that were threatened with loss. This study highlights the importance of the Constitutional Court decision in safeguarding public political participation and its implications for the electoral system in Indonesia.
LEGAL PROTECTION FOR CONSUMERS IN ONLINE BUYING AND SALES TRANSACTIONS RELATED TO NON-CONFORMITY OF GOODS OFFERED Mudawaroh
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.v7i1.516

Abstract

This research was conducted with the aim of knowing the legal issues based on Law No. 8 of 1999, Therefore, From Shopee user reviews it is known that the Shopee application still needs to be improved. For this reason, research was conducted to see public satisfaction with the Shopee application through the e-service quality method. goods purchased by consumers do not reach their hands and are sold conventionally (face-to-face). Consumers are often the subject of losses from online trading activities when the products received by consumers are not as ordered, delays in receiving products and non-delivery of products that have been ordered by consumers. The question that arises then is whether these provisions can apply universally to all cases, or only in certain cases that can create a sense of justice for the parties, With the formulation of the problem how to know the Legal Protection for consumers in online buying and selling transactions related to the Non-conformity of goods offered based on Law Number 8 of 1999 concerning Consumer Protection and how to know the legal consequences if business actors send goods that do not match the specifications of the goods offered in Online Buying and Selling. This study uses an empirical juridical method, namely by examining this research from primary data where data can be obtained directly from the first source through primary data acquisition, namely from field data that can be done through observation, observation, (interviews), or distributing questionnaires. In this study the author uses a statutory approach. The statutory approach is an approach carried out by analyzing rules and regulations related to legal issues. With the aim of getting answers to the problems raised with the conclusion of the use of rules applied in Law Number 8 of 1999 concerning Consumer Protection, legal protection is included in Article 7 paragraphs a, b, c, d. However, for consumers in South Jakarta City, it is not running effectively. Existing laws are not able to protect consumers as they should. Several consumers have filed complaints to demand compensation or redress, but business actors often ignore these complaints and are not responsible. As a result, the legal protection expected by consumers in South Jakarta City cannot be fulfilled.
LEGAL PROTECTION FOR THE COMMUNITY IN RESOLUTION OF LAND DISPUTES Mahardika, Dekha Isvan; Suprapto
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.v7i1.488

Abstract

This study discusses the resolution of land disputes, which are a complex and ongoing problem in Indonesia, especially when community rights to land conflict with state or corporate interests. This problem often leads to injustice, criminalization, and even human rights violations, especially against vulnerable groups such as farmers and indigenous peoples. This study aims to analyze the forms of legal protection provided to communities in resolving land disputes and evaluate the legal mechanisms available under the Indonesian legal system. Legal protection for communities has been regulated in various regulations, such as the Basic Agrarian Law (UUPA), the Human Rights Law, and the Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency (BPN). However, its implementation still faces serious challenges, particularly in terms of accessibility, bias by officials, and transparency. Meanwhile, dispute resolution mechanisms are divided into litigation and non-litigation channels, including mediation by land offices, customary deliberations, and resolution through independent institutions such as the National Commission on Human Rights (Komnas HAM) and the Ombudsman. Unfortunately, the effectiveness of these mechanisms depends heavily on the government's commitment and the capacity of relevant institutions to ensure substantive justice.

Page 21 of 22 | Total Record : 215

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