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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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LAW ENFORCEMENT OF THEFT WITH VIOLENCE RESULTING IN DEATH BASED ON THE PERSPECTIVE OF JUSTICE Widyatama, Alfian; Sujono
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.v7i1.504

Abstract

Law enforcement must be carried out fairly and without discrimination in order to create justice and order in society. This study discusses law enforcement against the crime of theft with violence resulting in death based on Article 365 paragraph (3) of the Criminal Code, as well as an analysis of the legal considerations of judges in District Court Decision Number 33/Pid.B/2024/PN.Llg. The method used is normative juridical research with the approach of legislation and decision studies. The results showed that the perpetrator was sentenced to a maximum imprisonment of fifteen years as a form of fair law enforcement. The judge's consideration includes the fulfillment of the elements of the article charged, the demands of the public prosecutor, and the absence of reasons for criminal erasure. Law enforcement in the decision is in accordance with the principles of justice, certainty, and legal benefits. Therefore, law enforcement in the future must refer to the applicable rules of law in order to provide a deterrent effect, as well as protection and security for the community.
THE LEGAL STANDING OF RECEIPTS AS EVIDENCE IN LAND SALE AND PURCHASE TRANSACTIONS FROM PERSPECTIVE OF LEGAL CERTAINTY Resti Riancana
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.v7i1.525

Abstract

This article explores the legal standing of receipts as evidence in land sale and purchase transactions from the perspective of legal certainty. The research employs a normative legal method, which is a type of legal research focused on the analysis of written legal norms, including statutory regulations, court decisions, legal doctrines, and fundamental legal principles. The findings of the study reveal that receipts, as privately executed written evidence, serve solely as proof of payment and cannot be used to substantiate the transfer of land rights. This indicates that receipts do not meet the formal legal requirements necessary to establish lawful land ownership. As a means of evidence, receipts are only relevant in proving the occurrence of payment, but they carry no legal force in effectuating the transfer of land rights. 
COMMUNITY RIGHTS GUARANTEED BY LAW DM, M. Yusuf; Sitinjak, Ronni Tunnas Mangapul; Gunawan, Hendra; Asmadi, Sofyan; Siswanto, Alen; Sinaga, Elga Gilbert Orion
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.v7i1.541

Abstract

The rights of the people constitute a fundamental element of Indonesia's constitutional system and are directly guaranteed by the 1945 Constitution of the Republic of Indonesia as well as by statutory regulations derived from it. These guarantees encompass civil, political, economic, social, and cultural rights that must be respected, protected, and fulfilled by the state through clear, transparent, and accountable legal policies. This study aims to analyze the forms of legal guarantees for community rights, their implementation within the national legal framework, and the challenges encountered in achieving effective protection. The findings indicate that although the normative framework is comprehensively regulated, its practical implementation still faces various obstacles, such as regulatory inconsistencies, weak law enforcement, and low public awareness of their rights. Therefore, strengthening regulations, enhancing the capacity of state apparatus, and improving public education are essential to ensuring that community rights are fully and equitably realized.
LAW ENFORCEMENT IN CASES OF MURDER CONTINUED BY SEXUAL VIOLENCE AGAINST CHILDREN Wijaya, Sudarma; DM, M. Yusuf; Dewi, Sandra
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.v7i1.542

Abstract

In many cases, perpetrators attempt to cover their tracks by killing the victim, making biological evidence difficult to find. This requires the police to work extra hard to collect forensic evidence and witness statements. The purpose of this study is to analyze law enforcement in cases of murder followed by sexual violence against children based on Law Number 17 of 2016 concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection at the Indragiri Hulu Police. The method used is sociological legal research. Based on the results of the study, it is known that law enforcement in cases of murder followed by sexual violence against children based on Law Number 17 of 2016 concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection at the Indragiri Hulu Police that the authorities have implemented the provisions of Law Number 17 of 2016 strictly. This regulatory change provides a strong legal basis for investigators in applying the maximum criminal threat, including the death penalty, life imprisonment, or other aggravating crimes. The investigation process is directed to fulfill the principles of child protection, victim justice, and legal certainty. Obstacles such as the limited number of investigators with specialized competencies in handling child-based crimes, the lack of comprehensive forensic facilities, and the often-impeded availability of post-mortem examinations and laboratory results contribute to slow investigations. Furthermore, this contributes to the deep trauma experienced by victims and their families. Efforts to overcome these obstacles include increasing the capacity of officers through specialized training in handling sexual violence against children. Local governments and law enforcement institutions also need to strengthen supporting facilities. Coordination with integrated service agencies must be improved to expedite the process of establishing evidence and providing assistance to victims.
THE ROLE OF LEGAL AUDIT IN MITIGATION OF THE RISK OF BANKRUPTCY OR PKPU APPLICATIONS TOWARDS THE COMPANY Aprita, Serlika; Iwari, Dian Puspa; Febryani, Evy
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.v7i1.547

Abstract

Several well-known companies have recently been the subject of discussion due to their bankruptcy filings. One of the most frequently filed disputes is a request for a suspension of debt payment obligations (PKPU) and bankruptcy. At least several companies have disputes being processed at the Commercial Court at the Central Jakarta District Court (PN). One such case occurred with the Meikarta developer, PT Mahkota Sentosa Utama (MSU), which was sued by PT Graha Megah Tritunggal for a suspension of debt payment obligations (PKPU) or bankruptcy on October 6, 2020, under case number 328/Pdt.Sus-PKPU/2020/PNNiagaJkt.Pst. Based on the cases above, bankruptcy can occur due to a bankruptcy lawsuit. This condition reflects a high level of financial distress for the company. This can occur due to the inability of company management to carry out its management functions, thus threatening business continuity. In other words, corporate governance is not running as it should. The type of research used in this paper is normative legal research. An important step in legal risk management, legal audits have a strategic role in mitigating potential bankruptcy applications or PKPU against companies by helping to detect the risk of corporate bankruptcy early. Legal audit results are often considered an important tool to support a company's defense in legal proceedings, including in bankruptcy applications or PKPU. Investigative legal audit results can be used as evidence of expert testimony in criminal trials. The Board of Commissioners and the Audit Committee as internal monitoring mechanisms have a role to detect potential bankruptcy early. Therefore, an external monitoring role is needed, carried out by an independent auditor, in this case a public accounting firm (KAP). Because auditing can provide value and benefits to a company's decision makers regarding the quality of the company's financial report information, the role of audits can detect the possibility of a company's bankruptcy.
THE EFFECTIVENESS OF THE APPLICATION OF CUSTOMARY LAW IN RESOLVING COMMUNAL LAND RIGHTS CONFLICTS Maryana, Rina; Basir, Abd
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.v7i1.546

Abstract

Communal land rights (hak ulayat) refer to the hereditary ownership and management of land and natural resources by Indigenous communities. These rights are formally recognized and regulated in several national laws, including Law No. 5 of 1960 on Basic Agrarian Principles, Law No. 39 of 1999 on Human Rights, and Law No. 41 of 1999 on Forestry. Indigenous communities possess the authority to regulate, manage, and utilize land and natural resources within their territories in accordance with customary norms. This recognition aligns with Article 18B(2) of the 1945 Constitution, which affirms that the state acknowledges and respects Indigenous communities and their traditional rights as long as they remain viable and consistent with societal development and national principles. In practice, conflicts over communal land rights frequently arise among Indigenous groups due to overlapping claims, boundary disputes, and competing interests in natural resource use. This study employs an empirical research approach supported by field observations and interviews with Indigenous community members. The aim of the research is to analyze the underlying factors contributing to these conflicts and to identify effective mechanisms for resolving them, thereby reducing the potential for communal land rights disputes within Indigenous communities.
CONSUMER RIGHTS PROTECTION IN GROUP ORDER PRACTICES: LEGAL ANALYSIS OF SELLER LIABILITY Anjani, Diva Rafi; Wulandari, Ayun Novita; Aulia, Alifiana Arif Rahmah
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.v7i1.551

Abstract

This study analyzes legal protection for consumers and seller liability in the practice of Group Order (GO), a collective ordering mechanism popular in the digital era but often gives rise to problems such as default, delays, non-conforming goods, and fraud. Using normative legal research methods through analysis of the Civil Code, Commercial Code, Consumer Protection Law, and expert doctrines, this study assesses the legal relationship between GO admins, sellers, and consumers as a contractual relationship that gives rise to rights and obligations. Forms of default include non-delivery of goods, goods not as described, or unjustified delays. Both sellers and GO admins can be held accountable and consumers have the right to obtain compensation, refunds, or settlement through the BPSK or litigation channels. This study emphasizes the need for strengthening regulations and supervision so that GO practices are more transparent, accountable, and able to provide legal certainty for consumers.
CRIMINAL LIABILITY OF ONLINE FRAUD PERPETRATORS THROUGH ILLEGAL ONLINE LOAN APPLICATIONS Okprianti, Reny; Emilson, Nur Husni; Rafli, Muhammad; Prattiwy, Amanda; Octavia, Wanda Puja; Zerlinda, Frity Vania
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.v7i1.556

Abstract

The rapid development of technology has had an impact on changes in people's lifestyles, where things can be done quickly and easily using online-based services or using the internet network, whether in terms of shopping transactions, booking hotels, paying electricity bills, train tickets, plane tickets, or making money or capital loan transactions online. The method used is normative legal research with a library research approach, which examines literature, laws and regulations, and relevant legal documents. The results of the study show two main findings. First, illegal online loan providers can be held accountable civilly, criminally, and administratively. In the civil realm, they are required to compensate for losses based on Article 1365 of the Civil Code. In the criminal realm, perpetrators can be charged with articles related to extortion, misuse of personal data, and fraud. Meanwhile, administratively, the OJK has the authority to impose sanctions such as license revocation and access blocking based on POJK No. 77/POJK.01/2016. Second, delinquent debtors who utilize illegal online loans to commit fraud, such as identity falsification or fictitious loans, can be charged with Article 378 of the Criminal Code if there is evidence of malicious intent. The implications of this research are the need to increase public awareness of the right to personal data privacy, strengthen law enforcement, and update policies in accordance with the dynamics of the digital era.
LEGAL REVIEW OF THE CONTRIBUTION OF FORENSIC MEDICINE ON LEGAL EVIDENCE Okprianti, Reny; Emilson, Nur Husni; Tsabitah, Nabila; Fadiah, Nyayu Siti; Fadli, M. Bio; Saputra, M. Renaldy
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.v7i1.557

Abstract

The contribution of forensic medicine to the results of forensic examinations, such as autopsies, plays a crucial role in identifying key evidence and determining the cause of death. By adhering to professional ethics and standards, forensic doctors help uphold justice and the integrity of the legal system. The method used in this study is normative. This law enforcement is carried out in the form of valid evidence in the form of letters and statements according to experts. therefore the relationship between the two cannot be separated. Investigators, expert doctors, and other law enforcement officers work together to coordinate with each other so that each stage in proving a case produces results in the form of concrete evidence, so that it can be used as a consideration for decisions to be taken by judges in court. The role of forensic medical assistance is very necessary to find the material truth in murder cases in order to clarify the criminal case and obtain valid evidence, but the role of forensic medicine is not always successful, there are also obstacles that occur.
IMPLEMENTATION OF THE FORMATION OF GOVERNMENT REGULATION NUMBER 66 OF 2015 CONCERNING MUSEUMS TOWARDS THE BANK INDONESIA MUSEUM Hastuti, Rumani; Wiryadi, Uyan; Bhakti, Teguh Satya
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 2 (2026): Journal Indonesia Law and Policy Review (JILPR), February 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i2.581

Abstract

Museums play a strategic role as institutions that not only store but also preserve and communicate cultural, historical, and scientific heritage to the public. Government Regulation Number 66 of 2015 concerning Museums affirms the museum's function to protect, develop, utilize collections, and convey them to the public. However, in practice, the implementation of this regulation does not always align with the established ideal standards. The Bank Indonesia Museum, as the case study for this research, occupies a crucial position because it not only houses national banking history collections but also falls under a monetary authority distinct from the typical museum management model. Method In this study, the type of research used is normative legal research/normative juridical legal research. This research was conducted to identify the implementation of the formation of Government Regulation Number 66 of 2015 concerning Museums in the management and utilization of the Bank Indonesia Museum. The research results indicate that the implementation of Government Regulation No. 66 of 2015 concerning Museums in the management and utilization of the Bank Indonesia Museum has been realized through institutional strengthening, standardized collection management, improved human resource quality, and optimization of educational, research, and recreational functions. The implementation of Government Regulation No. 66 of 2015 concerning Museums in the management and utilization of the Bank Indonesia Museum still faces several obstacles.

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