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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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LEGAL PROTECTION FOR VICTIMS OF THE CRIMINAL ACT OF BUYING AND SELLING PORNOGRAPHIC CONTENT VIA TELEGRAM SOCIAL MEDIA Hernando D, Alan Dedy
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.v7i2.583

Abstract

Legal protection for victims of the crime of buying and selling pornographic content through the Telegram application is a concrete manifestation of the state's responsibility in guaranteeing the human rights of every citizen to obtain a sense of security, protection, and justice in the digital space. The problem in this study is how legal protection for victims of the crime of buying and selling pornographic content through Telegram social media and what obstacles are found in realizing legal protection for victims of the crime of buying and selling pornographic content through Telegram social media. In addition to limited personnel and technical capabilities, the factor of facilities and infrastructure is also a major obstacle in handling pornography crimes through Telegram. Many regional police cyber units are not equipped with adequate supporting devices, such as cyber monitoring systems, digital forensic devices, and the latest online activity tracking software. This study uses a normative legal research method by reviewing document studies using various secondary data such as laws and regulations, court decisions, legal theories, and can be in the form of scholarly opinions. This study concludes that ideal legal protection for victims of pornography crimes in the digital space does not only emphasize the punishment of the perpetrator, but must also include comprehensive protection for victims through legal assistance, guarantees of identity confidentiality, and psychological and social recovery. These efforts need to be accompanied by increased capacity of law enforcement officials in information technology, modernization of cyber law enforcement facilities, and strengthening cross-border cooperation with digital platform providers like Telegram. Going forward, more specific regulatory updates regarding digital pornography are needed, particularly regarding the mechanisms for trading content on closed platforms like Telegram, including rules regarding paid memberships, private groups, and digital asset-based transactions.
NORMATIVE ANALYSIS OF LEGAL PROTECTION FOR FOOTBALL SUPPORTERS AT ATLETIK 17 DECEMBER STADIUM IN MATARAM CITY Tresna, I Komang; Isfihan, Emirald; Utami, Rahayu Sri
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.v7i2.584

Abstract

Football, as a highly popular sport, involves the attendance of thousands of supporters who may potentially face various risks related to security, comfort, and the fulfillment of their rights as consumers. Although consumer rights are regulated under Law Number 8 of 1999 on Consumer Protection, their implementation in practice remains suboptimal, particularly with regard to the responsibility of match organizers toward supporters who suffer losses at Atletik 17 December Stadium in Mataram City. This study aims to analyze the legal protection afforded to football supporters under the Consumer Protection Law, as well as the obligations of match organizers toward supporters at Atletik 17 December Stadium. This research employs a normative legal research method with a library-based approach, utilizing primary and secondary legal materials collected through both online and offline literature studies and analyzed qualitatively. The findings indicate that significant issues persist in the provision of consumer protection for football supporters, particularly concerning aspects of security, comfort, safety, and complaint-handling mechanisms. These issues are influenced by the low level of awareness among match organizers regarding their legal obligations, weak supervision by the relevant authorities, and the lack of active participation by supporters in asserting their rights. As a result, the overall comfort and sense of security experienced by supporters while attending matches at Mangemaci Stadium remain inadequate. Therefore, strengthening consumer protection is necessary to ensure the safe and comfortable organization of football matches and to foster a harmonious relationship among supporters, match organizers, and stadium management.
Criminal Responsibility for Phishing and Carding Offenders under ITE Law and Criminal Code Enna Budiman; Timbo Mangaranap Sirait
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

Abstract

The development of information technology in the era of the Industrial Revolution 4.0 is like a double-edged sword: while it brings positive impacts, it also gives rise to various forms of cybercrime, such as phishing and carding, which require law enforcement measures through the imposition of criminal liability on the offenders. This research applies a normative juridical method through library-based legal research. The findings conclude as follows: First, although Indonesian laws provide a clear legal basis for addressing information and electronic transaction (ITE) crimes, particularly phishing and carding, law enforcement implementation remains superficial and highly dependent on the capacity of law enforcement officers, with a tendency to focus only on apprehended offenders without further tracing the supporting actors behind them. Second, the effectiveness of the existing legal framework in handling ITE crimes committed by individuals who are exploited by cybercrime organizations has not been optimal, as international cooperation mechanisms have not been effective. Third, the concepts of criminal liability and sentencing applied in judicial decisions regarding phishing and carding cases are normatively appropriate; however, substantively, the sentencing in these decisions has not fully reflected the concept of criminal liability, which requires a broader assessment of the offender’s conduct. As a result, criminal responsibility and sentencing become disproportionate.
IMPLEMENTATION OF ISSUANCE OF LAND TITLE CERTIFICATES IN PEAT AREAS IN PEKANBARU CITY Irwan; Harahap, Irawan; Libra, Robert
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.v7i2.592

Abstract

Land certificates are expected to guarantee legal certainty, protect community rights, while still paying attention to the ecological function of peat as part of the environment. The purpose of this study is to analyze the implementation, obstacles, and efforts to overcome obstacles in the issuance of land title certificates in peat areas in Pekanbaru City. The method used is sociological legal research. Based on the results of the study, it is known that the implementation of the issuance of land title certificates in peat areas in Pekanbaru City has not been carried out optimally, because the issuance of land title certificates in peat areas also has the potential to cause conflicts between the legal certainty of land rights and the interests of protecting the peat ecosystem if not accompanied by strict spatial use controls. Therefore, land certification in peat areas cannot be interpreted solely as legalization of land ownership, but must be placed within a conditional legal framework that takes into account the social function of land and environmental sustainability. Obstacles are complex and multidimensional in nature, including the unclear status and function of peat areas, which requires caution from land officials to avoid conflict with spatial planning and environmental protection provisions. Furthermore, the unstable physical condition of peatland causes difficulties in measuring and establishing boundaries, thus slowing the technical certification process. From an administrative and legal perspective, weak land rights, poorly documented land ownership histories, and overlapping land ownership claims are still common. This is exacerbated by the lengthy coordination process between agencies. Meanwhile, from the community perspective, obstacles also arise from a lack of understanding of land and environmental law, as well as minimal outreach and assistance, often making it difficult for applicants to meet the stipulated requirements.
LEGAL PROTECTION REGARDING PHYSICAL VIOLENCE CRIMINAL ACTS AGAINST CHILD VICTIMS IN THE KAMPAR RESORT POLICE OFFICE Putra, Benny; Triana, Yeni; Putra, Tri Anggara
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.v7i2.593

Abstract

Against child victims at the Kampar District Police reveals a persistent gap between the ideal norms of child protection law and their implementation in law enforcement practice. This study aims to analyze the legal protection provided, the obstacles encountered, and the efforts undertaken in handling criminal acts of physical violence against child victims at the Kampar District Police. The research employs a sociological legal research method with an empirical approach, utilizing interviews, field observations, and literature review. The findings indicate that legal protection for child victims of physical violence at the Kampar District Police is fundamentally supported by a strong legal framework, particularly the Child Protection Act and relevant criminal law provisions. In practice, law enforcement officers have attempted to apply the principle of the best interests of the child through a humane examination approach, protection of the victim’s identity, and restrictions on interaction between the victim and the perpetrator. However, the implementation of such legal protection has not been fully optimal due to various cultural, structural, and normative obstacles. The challenges encountered include the low willingness of victims and their families to report incidents of violence due to fear, social pressure, and dependence on the perpetrator; difficulties in evidence gathering caused by limited evidence and the psychological condition of child victims; as well as inadequate supporting facilities and infrastructure and suboptimal intersectoral coordination in the protection and recovery of child victims. These conditions demonstrate a gap between adequate legal substance and legal structures and culture that have not fully supported the effective protection of children. Efforts to address these obstacles include strengthening legal socialization and public education to increase awareness and reporting courage, optimizing evidentiary processes through multidisciplinary approaches involving medical professionals and psychologists, and enhancing investigators’ capacity and inter-agency coordination in the field of child protection. Thus, legal protection for child victims of physical violence should not only focus on law enforcement against perpetrators but also on fulfilling justice, legal certainty, and recovery for child victims.
LAW ENFORCEMENT IN ONLINE FRAUD CASES IN THE JURISDICTION OF THE PEKANBARU CITY RESORT POLICE Isnaini, Muhammad; Triana, Yeni; Afrita, Indra
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.v7i2.594

Abstract

In reality, online fraud cases are increasingly prevalent within the Pekanbaru City Police Department, necessitating strict law enforcement. The purpose of this study is to analyze law enforcement in online fraud cases within the Pekanbaru City Police Department and to analyze the actions of the police in resolving online fraud cases within the Pekanbaru City Police Department. The method used is sociological legal research. Based on the research results, it is known that law enforcement against online fraud within the Pekanbaru City Police Department has shown progress, but still faces several obstacles. Legally, this crime is regulated in the Criminal Code and Law Number 19 of 2016 on Electronic Information and Transactions, which provides the legal basis for law enforcement officers to prosecute online fraud perpetrators. The Pekanbaru Police have investigated investigations and inquiries using digital technology, including tracking electronic transactions and identifying the perpetrators' social media accounts. Furthermore, law enforcement also prioritizes victim protection through legal assistance and mediation. However, several significant obstacles remain, including: the difficulty of tracing the perpetrators' identities due to the use of anonymous accounts or domiciles outside the jurisdiction, limited apparatus resources in dealing with technological developments, and slow coordination across relevant agencies such as banks and digital platforms. These obstacles can result in delayed legal proceedings, while victims' losses continue to mount. The Pekanbaru Police's actions in handling online fraud cases include prevention, investigation, prosecution, and law enforcement. In prevention, the Police conduct outreach through social media and educational campaigns to raise public awareness of fraudulent methods. During the investigation and inquiry phase, authorities utilize digital forensics, social media account monitoring, electronic transaction analysis, and coordination with relevant agencies. The City Police also detain eligible perpetrators, confiscate digital and physical evidence, and complete case files for trial.
HANDLING OF BULLYING BY THE SRAGEN SOCIAL SERVICE A COMPARATIVE STUDY OF ISLAMIC LAW AND NATIONAL LAW Nusa, Iqbal Abi; Fattaah, Abdul
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.v7i2.599

Abstract

Bullying is a form of psychological and/or physical violence that frequently occurs in social environments, particularly among children and adolescents. Sragen Regency, as one of the regions in Central Java Province, also faces this issue and requires serious handling from various parties, including the Social Affairs Office. This study aims to analyze the efforts of the Sragen Regency Social Affairs Office in handling bullying cases and to compare the implementation of national law with the principles of Islamic law in addressing this problem. This research employs a qualitative approach with data collection techniques consisting of interviews, observation, and documentation. The results indicate that the Social Affairs Office has implemented various preventive and curative measures, such as socialization programs, psychological assistance, and cross-sectoral cooperation. From the perspective of national law, the handling of bullying is based on statutory regulations, particularly the Child Protection Act and the Criminal Code. Meanwhile, from the perspective of Islamic law based on the theory of maqasid al-shari’ah, bullying is categorized as an unjust act that violates the principles of justice and Islamic brotherhood (ukhuwah isl?miyah). The comparative study shows a convergence between national law and Islamic law in terms of victim protection, violence prevention, and law enforcement. However, Islamic law offers a more comprehensive moral and spiritual approach to resolution. This study recommends that the implementation of national law be more responsive by integrating Islamic legal values within the religious socio-cultural context of Sragen Regency.
ETHICAL AND DISCIPLINE RESPONSIBILITY OF POLICE MEMBERS INVOLVED IN DRUG ABUSE FROM THE POLICE MERANTI ISLANDS Toruan, Yohanes Janter Lumban; Fahmi; Pardede, Rudi
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.v7i2.600

Abstract

Narcotics offenses constitute serious violations under the Code of Ethics of the Indonesian National Police (KEPP). Accordingly, police officers who are proven to have committed such criminal acts and whose cases have been decided by a court with final and binding legal force may be subsequently recommended to receive administrative sanctions in the form of Dishonorable Discharge (PTDH). The purpose of this study is to analyze the legal regulation of ethical and disciplinary responsibility of police officers involved in narcotics abuse at the Pulau Meranti Police Resort. This research employs a sociological legal research method. Based on the research findings, it is evident that the involvement of police officers in narcotics abuse constitutes a serious violation with multilayered legal implications, encompassing criminal liability, disciplinary sanctions, and professional ethical responsibility. Members of the Indonesian National Police are bound by legal and moral obligations to uphold the law, adhere to professional ethics, and maintain the honor and dignity of the police institution, as mandated by Law Number 2 of 2002 on the Indonesian National Police, Government Regulation Number 2 of 2003 concerning Police Disciplinary Regulations, and Regulation of the Chief of the Indonesian National Police Number 7 of 2022 on the Police Professional Code of Ethics. However, this study also reveals that cases involving police officers in narcotics abuse continue to occur annually, including within the jurisdiction of the Pulau Meranti Police Resort. As a result, the persistence of such violations underscores that the enforcement of ethical and disciplinary sanctions has tended to be repressive in nature and has not fully addressed preventive and comprehensive guidance aspects.
HUMAN RIGHTS PARADIGMS IN ICSID INVESTMENT DISPUTE SETTLEMENT: A COMPARATIVE ASEAN STUDY Enna Budiman
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.v7i2.601

Abstract

This research examines the dynamics of the relationship between the enforcement of Human Rights (HR) and the role of the International Centre for Settlement of Investment Disputes (ICSID) as the principal international arbitration institution in investment disputes. The background of this study is grounded in the tension between the protection of foreign investors—primarily through bilateral investment treaties—and the obligations of host states to safeguard public interests and the human rights of their citizens, which are often overlooked in conventional investment arbitration awards. The research raises two main questions: first, how human rights are positioned within ICSID jurisprudence; and second, how ASEAN countries integrate human rights clauses into their international investment agreements in order to balance economic and social interests. The research employs a normative juridical method, utilizing a conceptual approach, a statutory approach, and a comparative approach across several ASEAN member states. Secondary data in the form of ICSID arbitral awards and international investment agreements are analyzed qualitatively. The findings indicate that although ICSID has traditionally been investor–state centric, there is a discernible shift in which human rights issues are increasingly considered through state counter-claims. From a comparative perspective, several ASEAN countries have begun updating their model bilateral investment treaties to allow greater regulatory space for public policies related to human rights. In conclusion, harmonization between the international investment law regime and human rights law is crucial to prevent fragmentation in international law. This study recommends procedural reforms within the ICSID framework to accommodate third-party participation (amicus curiae) and the standardization of human rights clauses in investment treaties at the ASEAN regional level in order to strengthen the bargaining position of member states.
IMPLEMENTATION OF RESTORATIVE JUSTICE PRINCIPLES IN THE SETTLEMENT OF MISCELLANEOUS CRIMES BY THE POLICE OF THE REPUBLIC OF INDONESIA Situmorang, Urbanus; Harahap, Irawan; Afrita, Indra
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

Abstract

From a legal perspective, this article has the potential to reduce the effectiveness of Restorative Justice in building social reconciliation and reducing recidivism. Therefore, there is a need to review the wording of the article to better align it with the principles of Restorative Justice and legal certainty. The purpose of this research is to analyze the legal provisions regarding Restorative Justice in the settlement of minor crimes by the Indonesian National Police and to analyze the application of Restorative Justice principles in the settlement of minor crimes by the Indonesian National Police. The method used is normative legal research. Based on the research results, it is known that the legal provisions for Restorative Justice in the resolution of minor crimes by the Indonesian National Police have a fairly strong normative basis, although they have not been fully codified in the Criminal Procedure Code. The primary legal basis for the implementation of Restorative Justice by the police stems from discretionary authority as specified in the Indonesian National Police Law, which provides room for police officers to act according to their own judgment in the public interest. This regulation was then clarified and reinforced through Indonesian National Police Regulation Number 8 of 2021 concerning the Handling of Criminal Acts Based on Restorative Justice, which regulates the material and formal requirements, settlement mechanisms, and limitations of the application of Restorative Justice. Thus, legally, Restorative Justice in the resolution of minor crimes is a legitimate criminal law policy, based on controlled discretion, and intended to realize substantive justice, efficient law enforcement, and maintain social order. The application of Restorative Justice principles in resolving minor crimes by the police essentially reflects the core values of Restorative Justice, namely the principles of restoration, participation, perpetrator responsibility, a balance between legal certainty and substantive justice, and the protection of human rights. The principle of restoration is realized through efforts to redress the victim's losses and restore social relationships; the principle of participation is realized through dialogue and deliberation between the victim and the perpetrator; while the principle of perpetrator responsibility is reflected in an admission of guilt and a willingness to correct the consequences of the criminal act. However, the implementation of these principles still faces challenges, particularly related to the potential for subjectivity in the use of discretion, inconsistent application across regions, and the risk of neglecting victims' rights if the reconciliation process is not conducted voluntarily and equitably. Therefore, although conceptually and normatively, the application of Restorative Justice by the police is in line with the objectives of modern criminal law, in practice, strengthened oversight and consistency of implementation are still needed to ensure compliance with the principles of legal certainty and equality before the law.

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