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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 LAND USE FOR PALM OIL PLANTATIONS BY THE INDRAGIRI HILIR COMMUNITY IN THE AREA FORESTS THROUGH SUSTAINABILITY MECHANISMS PLANTING ACCORDING TO THE LAW JOB CREATION Siregar, Samsul Bahri; Kadaryanto, Bagio; Yalid
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

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Abstract

The resolution of community plantation issues within forest areas needs to prioritize legal certainty and protection for farmers, among others through area arrangement schemes, recognition of community rights, and non-litigation settlement policies in accordance with applicable laws and regulations. This research aims to analyze the implementation of the use of oil palm plantation land in forest areas through the planting encroachment mechanism based on the Job Creation Law, as well as to analyze the obstacles and efforts to address the implementation of such use of land through the same mechanism. The method employed is sociological legal research. Based on the research findings, the implementation of the use of oil palm plantation land in forest areas through the planting encroachment mechanism under the Job Creation Law constitutes a corrective policy aimed at organizing factual land control conditions that occurred prior to the enactment of the law. This policy marks a shift in the law enforcement approach from a repressive administrative model toward structuring that emphasizes legal certainty, community protection, and the sustainability of forest area management. In practice, the planting encroachment mechanism provides a settlement space for business actors and cultivating communities who were previously in a condition of legal uncertainty. The obstacles in implementing the use of oil palm plantation land in forest areas through the planting encroachment mechanism under the Job Creation Law include uncertainty regarding the status and boundaries of forest areas, regulatory disharmony and technical policy inconsistencies, limited institutional capacity, low levels of public dissemination, and the suboptimal involvement of indigenous law communities. These conditions result in the planting encroachment mechanism not yet fully providing legal certainty and substantive justice as envisaged by the Job Creation Law.
Policies for Enhancing Professional Competence and Legal Ethics of Lawyers: Singapore’s Experience and Lessons for Vietnam Tran, Dao Viet Hung
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

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Abstract

In the context of national renewal and deep international integration, the demand for high-quality legal services in Vietnam has increased significantly. Responding to this requirement, the Communist Party of Vietnam promulgated Resolution No. 66-NQ/TW on renewing law-making and law enforcement to meet the demands of national development in the new era, emphasizing breakthrough solutions to enhance the quality of legal human resources. As an integral component of this workforce, Vietnamese lawyers must strengthen both professional competence and ethics to deliver effective and credible legal services. However, current lawyer training programs in Vietnam reveal notable shortcomings, particularly in integrating theoretical knowledge with practical skills and fostering ethical values. Employing a comparative research approach, this study examines Singapore’s experience in lawyer training - a well-developed and practice-oriented legal education system. On this basis, the paper identifies key lessons and proposes feasible solutions to improve the quality of lawyer training in Vietnam, aligning it with international standards and domestic development needs.
BURDEN OF PROVING WORK ABSENCE IN OVERTIME WAGE CLAIMS Nadaek, Nason; Hambali, Ahmad; Murti, Ria Trisno
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.v7i2.613

Abstract

Overtime pay demands occur when a company employs its workers to work overtime, but the workers are not given overtime pay, so that the workers are forced to make a report or complaint to the labor inspector, to be examined as a basis for making calculations and determinations, because overtime pay is a right guaranteed by Article 78 paragraph (2) of Law No. 6 of 2023. In practice, overtime pay claims are very difficult to obtain, because labor inspectors who handle complaints always place the burden of proof on the workers who file complaints or demands. The main evidentiary document that must be proven in overtime pay claims is work attendance. Considering that work attendance only exists within the company, the burden of proof placed by labor inspectors on workers is the wrong burden of proof, because how can a party who does not have evidence be burdened to prove it.
BURDEN OF PROVING WORK ABSENCE IN OVERTIME WAGE CLAIMS Hardila; Miharja, Marjan
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.v7i2.614

Abstract

The appointment of Acting Regional Heads in Indonesia is regulated by Minister of Home Affairs Regulation Number 4 of 2023, which is a response to the need to maintain continuity of regional government during the transition period leading up to the implementation of simultaneous regional elections. This regulation outlines the mechanism for appointing Acting Regional Heads, which involves a proposal from the Minister of Home Affairs to the President for Acting Governors, and from the Governor to the Minister of Home Affairs for Acting Regents/Mayors. Criteria that must be met by acting candidates include being from high-ranking officials at the middle or pratama levels. In the context of simultaneous regional elections, the appointment of Acting Regional Heads must take into account aspects of neutrality and independence. Acting Regional Heads are required to refrain from engaging in practical political activities, not using state facilities to support certain candidates, and not making significant changes to the bureaucratic structure that could affect the neutrality of the State Civil Apparatus (ASN). Strict monitoring and reporting mechanisms are implemented to ensure that Acting Regional Heads carry out their duties with integrity and transparency. The implementation of this regulation aims to ensure that the simultaneous regional elections process runs fairly and democratically, without any intervention that could undermine public confidence in the election results. The Acting Regional Head plays a key role in maintaining the stability of regional government during the transition period, as well as supporting the implementation of regional elections that are free from fraud and violations.
CRIMINAL RESPONSIBILITY FOR PERPETRATORS OF HACKING CRIMINAL ACTS Lunggana, Guruh Tirta; Rahmat, Diding; Asri, Ardison
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

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Abstract

Hacking is a form of cybercrime that threatens the security of electronic systems and personal data. In Indonesia, this act is strictly regulated in Law No. 11 of 2008 concerning Electronic Information and Transactions (ITE Law), as amended by Law No. 19 of 2016. Article 30 of the ITE Law prohibits anyone from accessing electronic systems without authorization, whether to obtain information or by breaching security systems. Criminal liability for hacking is emphasized in Article 46 of the ITE Law, with significant penalties of imprisonment and fines. This study shows that the criminal elements in hacking include unlawful acts, malicious intent (mens rea), and the consequences caused. Legally, this regulation reflects the state's commitment to protecting the integrity and privacy of electronic systems. However, its imple-mentation requires support from competent law enforcement agencies and regulations that are adaptive to technological developments. Therefore, efforts to enhance capacity, update laws, and educate the public are needed to create a legal system capable of effectively responding to cybercrime.
IMPLEMENTATION OF PERFORMANCE-BASED BUDGETING AS A LEGAL INSTRUMENT IN PUBLIC FINANCIAL MANAGEMENT IN INDONESIA Ahmad, Riano Purwonegoro; Rahmat, Diding; Noverita, Lasmauli
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

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Abstract

The implementation of performance-based budgeting is an important part of state financial management reform, which aims to improve transparency, accountability, and efficiency in the use of public budgets. This system links the allocation of funds to measurable performance outcomes, thereby changing the paradigm of financial management from simply absorbing the budget to achieving effective and efficient results. This study discusses how performance-based budgeting functions not only as a technocratic tool but also as a legal instrument that binds government institutions to be accountable for the results of state budget use. The legal basis for PBB in Indonesia is reflected in Law No. 17 of 2003 on State Finance and Law No. 1 of 2004 on State Treasury. However, in practice, the implementation of PBB still faces various challenges, such as limited human resources, weak performance indicator development, and a lack of integration between planning and budgeting. Therefore, it is necessary to improve the capacity of civil servants, strengthen information systems, and promote synergy between institutions to encourage the creation of better, more transparent, and accountable state financial management. Thus, performance-based budgeting plays a strategic role as a legal instrument in achieving accountable and results-oriented governance.
CORPORATE CIVIL LIABILITY FOR ENVIRONMENTAL POLLUTION FROM THE PERSPECTIVE OF INDONESIAN CIVIL LAW Trianto; Hendrawan, Daniel; Rahmat, Diding
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

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Abstract

Environmental pollution caused by corporations has serious impacts on communities and ecosystems. Civil lawsuits are one of the legal mechanisms used to hold corporations accountable and obtain compensation for the losses caused. This study examines how the mechanisms of evidence and compensation are applied in civil cases against corporations responsible for environmental pollution in Indonesia. Proving environmental cases is not always straightforward, as it requires complex scientific evidence and the involvement of experts. Therefore, the principle of strict liability or absolute liability under Law No. 32 of 2009 on the Protection and Management of the Environment serves as an important legal basis for enforcing environmental justice. Compensation is not only intended to compensate victims for their losses but also as an effort to restore the environment. This study emphasizes the importance of strengthening the capacity of law enforcement officials, enhancing the role of the community, and optimizing environmental courts to ensure that civil litigation mechanisms operate effectively and fairly.
THE URGENCY OF COMPULSORY MILITARY SERVICE IN THE FRAMEWORK OF MAINTAINING INDONESIA'S NATIONAL SECURITY Haq, Gio Zaky Asadul; Widarto, Bambang; Rahmat, Diding
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

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Abstract

National security is a fundamental prerequisite for upholding sovereignty, territorial integrity, and the safety of all Indonesians. In an increasingly complex global context, Indonesia faces various potential threats, both traditional threats such as military aggression and non-traditional threats such as terrorism, separatism, cyber threats, and natural disasters. Indonesia's strategic geographic location, as the world's largest archipelagic nation, demands a comprehensive, adaptive, and people-driven defense system. This study examines the urgency or necessity of implementing mandatory military service to safeguard Indonesia's national security and compares the implementation of mandatory military service in Thailand and South Korea as a policy reference for Indonesia. The results indicate that mandatory military service in Indonesia is highly urgent in increasing public preparedness, building strategic defense reserves, and fostering a spirit of national defense. However, its implementation requires a clear legal basis, thorough planning, and readiness of infrastructure and human resources. Thus, compulsory military service can be a strategic instrument to strengthen the overall defense system in accordance with Indonesia's geostrategic characteristics.

Page 24 of 24 | Total Record : 238

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