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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 271 Documents
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VIOLENCE AS A FORMAL AND MATERIAL CRIME IN THE KUHP AND THE TPKS LAW: A COMPARATIVE CONCEPTUAL STUDY Jenri Ranteallo; Rizky Pratama Putra Karo Karo; Diding Rahmat
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i3.624

Abstract

Regulations on violence as a material offense in the Criminal Code (KUHP) and as a formal offense in Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence (UU TPKS), with a focus on conceptual differences and their implications for criminal law enforcement in Indonesia. Violence in criminal law is not only related to the use of physical force, but also includes non-physical acts that attack the human dignity, personal freedom, and bodily au-tonomy of victims, particularly in the context of sexual violence. This study uses a normative legal research method with a statutory approach, a conceptual approach, and a comparative approach. The legal materials used include legislation, criminal law doctrine, and relevant literature. The analysis was conducted qualitatively by assessing the structure of the offense, protected legal interests, and evidentiary implications in each regulation. The results show that the Criminal Code predominantly formulates violence as a material offense that requires physical consequences and a causal relationship between the act and the consequences. This approach provides legal certainty, but has limitations in covering non-physical forms of vio-lence and sexual violence based on power relations. In contrast, the TPKS Law uses a formal crime approach that emphasizes the perpetrator's actions and the context of their relationship with the victim, without requiring any specific physical consequences. This approach strengthens victim protection and facilitates evidence in criminal justice practice. This study concludes that the differences in the regulation of violence as a material crime and a formal crime reflect a paradigm shift in Indonesian criminal law toward a more victim-oriented ap-proach. The Criminal Code and the TPKS Law complement each other within the national criminal law system and require proportional understanding in their application by law en-forcement officials.
ANALYSIS OF THE PROSECUTOR'S WIREBREAKING AUTHORITY IN HANDLING TERRORISM CRIMES Kadek Sudhi Asthawa; Sujono; Rizky Pratama Putra Karo Karo
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i3.626

Abstract

This study analyzes the Attorney General's authority to wiretap in handling terrorism crimes from the perspective of the principle of justice in the Pancasila rule of law and its implications for the protection of human rights. Wiretapping is an exceptional and intrusive law enforcement instrument because it limits the right to privacy and confidentiality of communications. Therefore, its implementation must be based on clear authority, strict legal procedures, and effective oversight mechanisms. This study uses a normative legal research method with a statutory, conceptual, and analytical approach. The analysis was conducted on the Attorney General's Law, the Law on the Eradication of Terrorism Crimes, the new Criminal Procedure Code, and human rights protection instruments. The analytical framework uses the Pancasila rule of law theory, the theory of authority, and the theory of the right to privacy. The results of the study indicate that the Indonesian legal system positions wiretapping as a coercive measure that can only be carried out by institutions that have express authority from the law. The Attorney General's law enforcement intelligence authority does not explicitly include wiretapping authority. In the practice of counterterrorism, the Attorney General's Office plays more of a role as a user of wiretapping results. This lack of clarity in regulations has the potential to create legal uncertainty and the risk of human rights violations. Therefore, regulatory clarification and harmonization are needed to ensure that wiretapping authority aligns with the principles of justice, the Pancasila state based on law, and the protection of human rights.
THE EFFECTIVENESS OF CRIMINAL SANCTIONS FOR DRUGS USERS IN REALIZING REHABILITATION GOALS Fatimah Zahro Rizqiyah; Selamat Lumban Gaol; Sudarto
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i3.627

Abstract

Drug abuse is a serious problem with broad impacts on health, social aspects, and the criminal justice system in Indonesia. Law Number 35 of 2009 concerning Narcotics regu-lates criminal sanctions for drug users by placing medical and social rehabilitation as an important part of the drug abuse prevention policy. However, in law enforcement practice, the application of criminal sanctions against drug users is still dominated by im-prisonment, thus raising questions about its effectiveness in achieving rehabilitation goals. This study aims to analyze the effectiveness of the application of criminal sanctions against drug users in achieving rehabilitation goals under the Indonesian criminal law system, and to identify factors that influence its effectiveness. The research method used is normative legal research with a statutory, conceptual, and case approach. The analysis was conducted qualitatively through a review of laws and regulations, legal doctrine, and court decisions related to the punishment and rehabilitation of drug users. The results of the study indicate that the application of criminal sanctions against drug users is not fully effective in achieving rehabilitation goals. This is influenced by the persistently repressive paradigm of criminal justice, limited rehabilitation facilities and infrastructure, and suboptimal official understanding and coordination among law enforcement. Furthermore, legal culture and public perception of drug users also influence the direction of criminal punishment. Therefore, strengthening rehabilitative-oriented criminal justice policies, integrating the criminal justice system, and shifting the law enforcement paradigm are necessary so that criminal sanctions truly function as an instrument of recovery and community protection.
LEGAL ANALYSIS OF THE PROVISIONS ON THE DEATH PENALTY IN THE CRIMINAL CODE Dedy Irawan; Diding Rahmat; Ardison Asri
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i3.641

Abstract

Capital punishment is the most severe form of punishment in the Indonesian criminal justice system and remains a controversial issue that sparks debate between the need to uphold justice and the protection of human rights, particularly the right to life. Under the old Criminal Code, capital punishment was included as a primary punishment that could be imposed on perpetrators of serious crimes such as premeditated murder, terrorism, treason, and drug trafficking. Meanwhile, the new Criminal Code, as specified in Law No. 1 of 2023, introduces significant changes in the regulation of the death penalty. The death penalty is no longer positioned as the primary punishment but rather as a conditional alternative punishment, which is only imposed if other penalties are deemed insufficient to achieve justice. This study aims to examine the differences in the regulation of the death penalty in the old and new Criminal Codes and to analyze the considerations of judges in imposing the death penalty based on a study of Decision No. 32/Pid.Sus/2025/PN Pts. The approach used is normative legal with a descriptive analysis method. The results of the study show a shift in the criminal law paradigm from a retributive approach to a more restorative and humanistic approach. In the new Criminal Code, the death penalty can be imposed with a probation period of 10 years, and if during that period the convict demonstrates good attitude and behavior, the sentence can be changed to life imprisonment or a fixed term of imprisonment. The regulation of the death penalty in the new Criminal Code reflects the state's efforts to maintain the deterrent effect on serious crimes while upholding the principles of humanity and balanced justice.
INHERITANCE RIGHTS OF CHILDREN UNDER WEDDING ACCORDING TO THE CIVIL CODE AND ITS IMPLICATIONS IN JUDICIAL PRACTICE Arihadi Satriadi; Happy Lumban Gaol
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i3.642

Abstract

This study discusses the inheritance rights of children born out of wedlock according to civil law and its implications in judicial practice. Under the Civil Code, children born out of wedlock only have a civil legal relationship with their mother and her family, while their inheritance rights to their biological father are very limited and can only be obtained if there is a valid acknowledgment. The distribution of inheritance for children born out of wedlock is also regulated differently from legitimate children, with a smaller proportion depending on the class of heirs inheriting simultaneously. However, Constitutional Court Decision No. 46/PUU-VIII/2010 expands the legal understanding by stating that children born out of wedlock may have a civil relationship with their biological father as long as it can be proven through science and technology or other evidence deemed valid under the law. This decision provides a legal basis for children born out of wedlock to access civil rights, including inheritance rights, in a more fair and equitable manner. This study shows that although there has been progress in recognizing the rights of children born out of wedlock, there are still normative and practical obstacles in its implementation, especially at the community and legal institution levels. Therefore, regulatory updates, legal awareness campaigns, and strengthening of evidence mechanisms and legal protection are needed to ensure that the principles of justice and non-discrimination toward children born out of wedlock are effectively realized within Indonesia's legal system.
LEGAL ANALYSIS OF THE IMPLEMENTATION OF RESTORATIVE JUSTICE TOWARDS CORPORATE RESPONSIBILITY IN THE CONTEXT OF ENVIRONMENTAL RESTORATION Dadang Wahyudin; Diding Rahmat; Ardison Asri
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i3.643

Abstract

This study discusses the legal analysis of the application of restorative justice to corporate accountability in the context of environmental restoration. Environmental violations committed by corporations generally have a widespread and serious impact on ecosystems and the lives of surrounding communities. In national regulations, environmental law enforcement can be carried out through administrative, civil, and criminal channels. One key point is that corporations, as legal entities, can be held criminally liable if proven to have caused environmental pollution or damage. However, the imposition of sanctions on corporations still faces various challenges, such as weak enforcement, interference from vested interests, and a lack of concrete restoration for the environment and affected communities. In line with this, the restorative justice approach has begun to gain attention as an alternative in resolving environmental disputes. This approach emphasizes restoring environmental conditions and fulfilling the rights of affected communities, rather than merely punishing the perpetrators. In the context of Law no. 32 of 2009, restorative justice is reflected in out-of-court dispute resolution mechanisms, mediation, and ecological restoration. However, the lack of strong technical and institutional guidelines limits its implementation. Therefore, there is a need to strengthen regulations and the commitment of law enforcement officials to apply restorative justice more effectively in order to create environmental law enforcement that is not only repressive but also solution-oriented and sustainable.
APPLICATION OF THE PRINCIPLE OF EQUALITY BEFORE THE LAW IN THE CASE AMMAR ZONI'S NARCOTICS CRIME Elsa Efritha Wijaya; Diding Rahmat; Sudarto
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i3.644

Abstract

This study aims to analyze the regulation and implementation of the principle of equality before the law within the Indonesian legal system, particularly in the enforcement of narcotics crime involving Ammar Zoni based on the Decision of the Central Jakarta District Court Number 632/Pid.Sus/2025/PN.Jkt.Pst. The principle of equality before the law is a fundamental concept in a rule of law state, which affirms that every individual has equal standing before the law without any form of discriminatory treatment. This research uses normative legal research methods with a statutory approach and a case approach. The data used in this study are secondary data consisting of primary, secondary, and tertiary legal materials obtained through library research. The data were analyzed qualitatively by interpreting and systematically examining relevant legal materials. The results of the study show that normatively the principle of equality before the law has been clearly regulated in the Indonesian legal system, particularly in Article 27 paragraph (1) and Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia as well as various statutory regulations governing the criminal justice system, including Law Number 35 of 2009 concerning Narcotics. In its application to the case involving Ammar Zoni, the legal process was carried out through the general criminal justice mechanism without any special treatment toward the defendant as a public figure. The panel of judges based their decision on valid evidence presented in court and the applicable legal provisions. Thus, procedurally, the principle of equality before the law in this case has been implemented through an objective judicial process based on the facts revealed during the trial.
LEGAL PROTECTION FOR CHILD VICTIMS OF VIOLENCE THROUGH LPSK IN THE CRIMINAL JUSTICE SYSTEM Yola Iskandar; Bambang Widarto; Rizky Pratama Putra Karo Karo
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i3.645

Abstract

The protection of children who are victims of violence is a constitutional obligation of the state as specified in Article 28B paragraph (2) of the 1945 Constitution of the Republic of Indonesia. In the practice of the criminal justice system, child victims often experience multiple vulnerabilities such as intimidation, repeated trauma (revictimization), social stigma, and the lack of fulfillment of their rights to recovery and restitution. In this context, the Witness and Victim Protection Agency (LPSK) as an independent state institution plays a strategic role in ensuring the protection and fulfillment of the rights of child victims, as regulated in Law Number 31 of 2014 concerning the Protection of Witnesses and Victims and Government Regulation Number 43 of 2017 concerning the implementation of restitution for children who become victims of criminal acts. This research employs a normative legal research method using statutory, conceptual, and case approaches. The data consists of primary, secondary, and tertiary legal materials analyzed through qualitative juridical analysis. The study aims to examine the forms of legal protection provided by LPSK for child victims of violence within the criminal justice system and to identify obstacles in its implementation. The results show that LPSK provides protection including physical and psychological protection, legal assistance during judicial processes, medical support, psychological and psychosocial rehabilitation, and facilitation of restitution and compensation rights. However, several challenges remain, including weak restitution enforcement mechanisms, limited institutional resources, inadequate child-friendly facilities, suboptimal coordination among law enforcement agencies, and persistent victim-blaming attitudes within society.
LEGAL REVIEW OF PROTECTION ORDERS FOR VICTIMS OF DOMESTIC VIOLENCE Berliana Putri Pramesti; Bambang Widarto; Diding Rahmat
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i3.646

Abstract

Domestic violence is a form of human rights violation that causes physical, psychological, sexual, and economic suffering for victims. In order to provide protection for victims, the state enacted Law Number 23 of 2004 concerning the Elimination of Domestic Violence, which regulates the issuance of a Protection Order as one of its legal mechanisms. This legal instrument aims to provide preventive protection for victims from the risk of repeated violence and to ensure their safety during the law enforcement process. This study aims to analyze the regulation of protection orders for victims of domestic violence under Law Number 23 of 2004 and their implementation in law enforcement practices in Indonesia. This research employs a normative legal research method with a statutory approach and a conceptual approach. The legal materials used consist of primary, secondary, and tertiary legal materials which are analyzed qualitatively through legal interpretation and juridical reasoning. The results of this study indicate that the regulation of protection orders in the Domestic Violence Law plays an important role as a preventive legal protection instrument for victims. Protection orders can be granted in the form of temporary protection provided by law enforcement officials as well as permanent protection determined by the court. However, in practice, the implementation of protection orders still faces several challenges, including the low level of public legal awareness, limited access of victims to protection services, and the lack of optimal coordination among law enforcement agencies. Therefore, it is necessary to enhance the capacity of law enforcement officials, strengthen coordination among relevant institutions, and increase legal awareness through public education so that the protection of domestic violence victims can be implemented effectively.
PROTECTION OF VICTIMS OF GENDER-BASED VIOLENCE Phrianindya Ayu Setyaningsih; Lidia Rina Dyahtaryani; Sudarto Rahmat
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i3.647

Abstract

This research examines the protection of victims of gender-based violence under Law Number 12 of 2022 concerning the Crime of Sexual Violence (UU TPKS). Gender-based violence constitutes a serious violation of human rights that causes significant physical, psychological, social, and economic impacts on victims. Although the Indonesian government has enacted the TPKS Law as a legal framework to address sexual violence, the implementation of victim protection still encounters various challenges within the criminal justice system. The objectives of this research are to analyze the concept of victim protection for gender-based violence under the TPKS Law and to examine the obstacles in determining victim protection as well as their implications for the fulfillment of victims' rights. This research employs a normative legal research method using a statutory approach and a conceptual approach. The analysis is conducted using victimology theory, punishment theory, and criminal justice system theory. The results of this study indicate that the TPKS Law provides a more comprehensive legal framework for victim protection through the recognition of victims' rights to handling, protection, and recovery, including the right to restitution and integrated recovery services. However, the implementation of victim protection still faces several obstacles, including the limited availability of implementing regulations, lack of victim-oriented perspectives among law enforcement officers, inadequate victim recovery facilities, and persistent social stigma and victim blaming within society. Therefore, strengthening the implementation of the TPKS Law through improved capacity of law enforcement officials, enhancement of victim protection services, and transformation of societal perspectives is essential to ensure effective protection for victims of gender-based violence.

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