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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 271 Documents
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ANALYSIS OF THE ROLE OF THE POLICE IN LAW ENFORCEMENT AGAINST TERRORISM CRIMINAL ACTS Muhammad Ishaq Alkays; Sudarto; Sujono
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.v7i3.648

Abstract

Terrorism is an extraordinary crime that threatens national security, public safety, and the rule of law. The Poso region in Central Sulawesi has long been exposed to terrorist activities, particularly by the East Indonesia Mujahideen (MIT) group. In addressing this threat, the Indonesian National Police (Polri), through the Special Detachment 88 Anti-Terrorism Unit (Densus 88 AT), plays a crucial role in enforcing anti-terrorism laws. This study aims to analyze the law enforcement efforts carried out by Densus 88 AT in handling terrorism cases involving wanted persons (DPO) in Poso, as well as to examine the challenges faced from legal and human rights perspectives. The research applies a normative-empirical approach by combining statutory analysis, conceptual frameworks, and case studies, supported by primary, secondary, and tertiary legal materials. The findings indicate that Indonesia has a strong legal framework for combating terrorism, particularly through Law Number 5 of 2018. Law enforcement efforts in Poso have been effective in enhancing security, as demonstrated by the successful neutralization of key terrorist actors. However, several challenges remain, including issues related to the criminal justice process, human rights protection, limited public participation, and coordination among institutions. In practice, obstacles are categorized into structural, substantive, and cultural aspects. Structural challenges include difficult geographical conditions and inter-agency coordination. Substantive issues involve debates over the use of force under special legal authority. Cultural barriers, such as low public trust, also hinder early detection and prevention. Therefore, counter-terrorism law enforcement must balance security, justice, legal certainty, and human rights to ensure effective and fair outcomes.
STANDARD AGREEMENTS IN PROVIDING CREDIT BY BANKS TO CUSTOMERS AS SEEN FROM A CIVIL LAW PERSPECTIVE Endang Hadrian; Dwi Atmoko; Jantarda Mauli Hutagalung
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.v7i3.658

Abstract

The banking sector in Indonesia plays a highly strategic role in the economy. Economic activity is a series of diverse legal acts. One of the most prominent forms of economic activity occurring in banking is the agreement between the customer as a consumer and the bank. Credit is currently in high demand among people with varying motives and consumption needs. Driven by increasingly pressing economic pressures, credit is an alternative way to obtain capital or funds needed for various community needs. Credit agreements granted by banks to customers are not without risk, as any risk may occur. The most common risk is the risk of failure or default in bank loan repayment. A new loan can only be issued after a written agreement has been reached between the debtor and the creditor, with the creditor acting as the lender and the debtor as the recipient of the loan. This written agreement is contained in a standard credit agreement. The credit agreement outlines the terms and procedures for applying for a loan with collateral and the obstacles in implementing the loan agreement. This research is an applied normative research with a descriptive approach. The problem-solving approach used is a normative juridical approach. The data used are primary and secondary data, consisting of primary legal materials, secondary legal materials, and tertiary legal materials. In summary, a standard bank agreement is valid as long as it does not violate the law and maintains a balance between the rights and obligations of customers. The basis for this standard agreement is Article 1320 of the Civil Code.
THE CONFLICT OF INTERFAITH MARRIAGE NORMS IN INDONESIA BETWEEN LEGAL CERTAINTY AND RESTRICTIONS ON CONSTITUTIONAL RIGHTS Septina Rahmi Kinasih; Noviriska
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.v7i3.659

Abstract

Interfaith marriage in Indonesia represents a complex legal issue situated at the intersection of religious norms, state law, and human rights. This study aims to analyze the normative conflict between Article 2 paragraph (1) of Law No. 1 of 1974 on Marriage and Supreme Court Circular Letter No. 2 of 2023, as well as its implications for constitutional rights. Using a normative juridical method, the study finds that the Constitutional Court consistently upholds a religious-centric approach, while SEMA No. 2/2023 strengthens legal certainty in judicial practice. However, both instruments raise concerns regarding limitations on citizens' rights. Therefore, legal harmonization is necessary to balance legal certainty and constitutional protection.
LEGAL PROTECTION EFFORTS FOR WIVES' RIGHTS TO JOINT PROPERTY IN POLYGAMOUS MARRIAGES IN POSITIVE LAW IN INDONESIA Ahmad Baihaki; Dwi Atmoko
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.v7i3.663

Abstract

Polygamous marriage continues to constitute a complex legal issue both in theoretical discourse and in legal practice. This article examines disputes concerning joint marital property in polygamous marriages and explores the legal remedies available to wives in order to ensure the protection of their rights. The study employs a normative juridical research method using statutory and case approaches. The findings reveal that the existing positive legal framework governing wives’ rights over joint marital property in polygamous marriages has not yet fully provided adequate legal protection. Legal protection for wives’ rights relating to joint marital property in polygamous marriages may be realized through both preventive and repressive legal measures. One form of preventive legal protection contained in Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law has not yet ensured justice and legal certainty with respect to the protection of wives’ rights over joint marital property in polygamous marriages. Further provisions concerning this matter are found in the Compilation of Islamic Law, which stipulates that joint marital property in polygamous marriages is separate and independent for each marital relationship. Another preventive effort that may be undertaken by the parties is the establishment of a prenuptial agreement concerning the separation of joint property prior to entering into a polygamous marriage. Meanwhile, repressive legal protection serves as a legal remedy in the event of disputes through litigation before the court, mediation, settlement deeds, or judicial decisions.
ANALYSIS OF THE POLICY ON RESTRICTIONS ON REMISSIONS FOR CORRUPTION CRIMINAL OFFENDERS Andri Kurnia; Muh. Amin Saleh; Muhenri Sihotang; Appe Hutauruk
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.v7i3.692

Abstract

This study aims to analyze the policy of limiting remissions for corruption convicts in the Indonesian legal system, particularly regarding the consistency between the rehabilitative objectives of the correctional system and the special treatment of corruption as an extraordinary crime. The main focus of this study is to evaluate whether the tightening of remission requirements in Government Regulation Number 99 of 2012 is in line with the principles stipulated in Law Number 12 of 1995 concerning Corrections. The research method used is normative juridical with a statutory approach (statute-government-regulation approach) and a conceptual approach (conceptual-government-regulation approach). Data were collected through a literature review of primary, secondary, and tertiary legal materials, including an analysis of Sahardjo’s correctional theory and Romli Atmasasmita’s extraordinary crime theory. The results show that limiting remissions for corruptors through additional requirements such as justice collaborator status and payment of compensation reflects a differentiated dimension in criminal policy to strengthen the deterrent effect. However, legally, this policy creates a tension between norms and the rights of prisoners guaranteed by the Corrections Law, which prioritizes rehabilitation. The implementation of this policy represents the state’s effort to uphold substantive justice for the wider community due to the impact of systemic corruption. This study concludes that although corruption requires extraordinary measures, the policy of limiting remissions must maintain a balance between the deterrent aspect and the primary goal of corrections, namely social reintegration. Regulatory harmonization is needed so that special treatment for corruptors does not negate the basic human rights of inmates.
LEGAL ANALYSIS OF CHILD ADOPTION IN INDONESIAN CIVIL LAW BASED ON CHILD PROTECTION LAW Harriani Bianca Daryana; Appe Hutauruk; Hotman Sinambela; Fendi Maruba Parlindungan Hutahaean
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.v7i3.693

Abstract

Adoption is not merely an administrative act; it has far-reaching impacts on a person’s civil status and legal relationships. The primary focus of this research is to examine the procedures and requirements for adoption under Indonesian civil law, particularly within the framework of child protection regulations, and to examine the legal position and civil rights of adopted children following a court ruling, particularly regarding guardianship and inheritance rights. The research was conducted using a normative juridical approach. The data used were secondary, encompassing primary, secondary, and tertiary legal sources, and were then analyzed qualitatively. The analysis of court decisions, implementing regulations, and legal literature indicates that the adoption mechanism under Indonesian positive law must go through litigation through a court ruling. Based on Article 39 of the Child Protection Law and relevant jurisprudential precedent, this judicial process formally aims to provide legal certainty and close the gap for child trafficking practices. In addition, the regulation mandates the state to conduct oversight through measurable material and social verification to ensure the principle of “the best interests of the child” is met. From a legal perspective, the court’s decision transfers full guardianship rights to the adoptive parents, but does not sever the blood relationship (nasab) with the biological parents. Because guardianship is completely transferred, questions arise regarding the economic rights of adopted children at the time of inheritance. According to applicable law, adopted children do not automatically become heirs in abintestato; protection of their economic rights is guaranteed through alternative instruments, such as mandatory wills under Islamic law or gifts and wills under civil law. Thus, these rights can still be fulfilled as a form of welfare and social justice for adopted children.
ANALYSIS OF DISPARITY IN JURISPRUDENCE OF SUPREME COURT DECISIONS REGARDING ARTICLE 26 INCOME TAX RATE FOR PKP2B HOLDERS Agus Susetyo; Appe Hutauruk; Hotman Sinambela; Fendi Maruba Parlindungan Hutahaean
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.v7i3.695

Abstract

This study aims to analyze the pattern of conflict or inconsistency in the Supreme Court’s jurisprudence regarding the determination of Article 26 Income Tax (PPh) rates for holders of Coal Mining Business Work Agreements (PKP2B). The main focus of this study is to collect forms of disparity in legal considerations (decision ratios) of Supreme Court judges in deciding Judicial Review (PK) cases that are released on conflicts of contract law regimes, domestic tax law, and international law. The research method used is normative legal research (normative juridical) using a statutory regulatory approach (statutory approach), a case approach (case approach), a contextual approach (conceptual approach), and a comparative approach (comparative approach). Data were collected through a literature review method to trace primary legal materials in the form of court decisions and laws, as well as secondary and tertiary legal materials, which were then analyzed qualitatively with deductive reasoning. The results of the study indicate that the pattern of jurisprudential disparity is divided into two opposing tendencies: first, a contractual approach that prioritizes the principle of lex specialis derogat legi generali to protect fiscal stabilization clauses in PKP2B; and second, a public law approach based on the principle of lex posterior derogat legi priori which emphasizes that tax law is coercive. This disparity is further complicated by considerations based on the principle of pacta sunt servanda which prioritizes the supremacy of Double Taxation Avoidance Agreements (P3B). This study concludes that the clash of legal paradigms, coupled with the less-than-optimal nomophilia function of the Supreme Court, has created legal activists who have the potential to undermine global investor confidence and prolong horizontal tax conflicts. Comprehensive harmonization of the intersection of norms governing this strategic sector is urgently needed.
PROBLEMS OF PROVIDING AND LEGALITY OF EVIDENCE IN THE CRIMINAL ACTS OF TRAFFICKING NARCOTICS CLASS I NON-PLANT Aswin Suwardi; Appe Hutauruk; Hotman Sinambela; Fendi Maruba Parlindungan Hutahaean
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.v7i3.696

Abstract

The crime of trafficking in Class I narcotics, not plants, is an extraordinary crime and poses significant obstacles for law enforcement officials in the criminal evidence process. This study aims to examine and analyze the evidentiary process and the legality of evidence in this crime, as well as to identify strategies to improve investigators’ skills in collecting and analyzing evidence to address the dynamics of illicit drug trafficking networks. The research method used is a normative method with a legislative and conceptual approach. The legal sources used include primary legal materials in the form of narcotics-related legislation and criminal procedure law, as well as secondary legal materials in the form of scientific literature and books. The data obtained were analyzed descriptively and qualitatively to produce systematic conclusions. The results show that the evidentiary system for trafficking in Class I narcotics, not plants, combines the general provisions of the Criminal Procedure Code (the negative wettelijk principle) with the special provisions (lex specialis) of Law Number 35 of 2009. This regulation broadens the scope of evidence by recognizing electronic information and documents as valid indicative evidence. In addition, to overcome the dynamic modus operandi, investigators’ skills must be improved through mastery of digital forensics, strengthening cross-institutional cooperation (National Police, National Narcotics Agency, Prosecutor’s Office, Forensic Laboratory), and optimizing special investigative techniques such as wiretapping, undercover buying, and controlled delivery so that the fulfillment of a minimum of two valid pieces of evidence that guarantee legal certainty, justice, and the protection of human rights can be realized.
RECONSTRUCTING MOBILE BRIGADE AUTHORITY IN LAW ENFORCEMENT OPERATIONS WITHIN ARMED CRIMINAL GROUP CONFLICT AREAS BASED ON LEGALITY AND HUMAN RIGHTS Amir Hasan A; Yusuf Daeng; Rudi Pardede
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.v7i3.697

Abstract

The purpose of this study is to analyze the reconstruction of the authority of the Indonesian National Police Mobile Brigade in law enforcement operations in conflict-prone areas affected by armed criminal groups based on the principles of legality and human rights. The authority and assignment mechanisms of the Indonesian National Police Mobile Brigade Corps in efforts to restore regional security against armed criminal groups in conflict areas are analyzed. The method used is normative legal research. Based on the research results, it is known that the reconstruction of the authority of the Indonesian National Police Mobile Brigade in law enforcement operations in areas prone to armed criminal group conflicts based on the principles of legality and human rights is basically derived from the attribution authority granted by Law Number 2 of 2002 concerning the Indonesian National Police, specifically Article 13 and Article 14 which regulate the task of maintaining public security and order and law enforcement. However, these regulations are still general in nature and have not specifically regulated the authority of Brimob in dealing with armed criminal groups that have the characteristics of high-intensity threats, use modern weaponry, and apply guerrilla patterns that resemble non-international armed conflicts. This research found a legal vacuum and normative inconsistency that specifically regulates the definition of armed criminal groups, threat classification, limits of Brimob's authority, mechanisms for TNI involvement, operational command structures, standards for the use of force, and mechanisms for protecting human rights in security operations in conflict areas. Therefore, the reconstruction of Brimob's authority must be carried out through the creation of special regulations that place Brimob as the leading sector in law enforcement operations, clarify the TNI assistance mechanism, strengthen the principle of legality, and integrate human rights protection standards based on the principles of legality, necessity, proportionality, and accountability.
IMPLEMENTATION OF ABSOLUTE LIABILITY IN ENVIRONMENTAL DISPUTE RESOLUTION IN THE PROTECTION AND MANAGEMENT FRAMEWORK IN INDONESIA Sonny Magranta Silaban; Anna Juliarti; Irawan Harahap
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.v7i3.698

Abstract

In forest and land fire cases, the focus of evidence is not solely directed at the perpetrator's intent or fault, but rather on the link between business activities and the occurrence of environmental damage that results in ecological and social losses. The purpose of this study is to analyze the regulations for resolving environmental disputes in Indonesia and to analyze the application of strict liability in resolving environmental disputes within the framework of protection and management in Indonesia. Based on the results of the study, it is known that the regulation of environmental dispute resolution in Indonesia has been comprehensively regulated in Law Number 32 of 2009 concerning Environmental Protection and Management through settlement mechanisms outside the courts (non-litigation) and through the courts (litigation). These regulations aim to provide legal protection to communities harmed by environmental pollution and/or damage and ensure the restoration of environmental functions. In addition to regulating individual lawsuits, the UUPPLH also recognizes class action lawsuits, the right to sue environmental organizations (legal standing), and the right to sue the government as instruments for enforcing environmental law oriented towards sustainable environmental protection. The application of strict liability in environmental dispute resolution strengthens environmental legal protection as specified in Article 88 of the Environmental Management Law (UUPPLH). This principle exempts victims from the obligation to prove fault on the part of the business actor and only requires the existence of losses and a link between the activity and the resulting environmental impact. The application of strict liability reflects the implementation of the polluter pays principle and the precautionary principle in Indonesian environmental law, thereby increasing the effectiveness of law enforcement and encouraging business actors to be more responsible in environmental management.

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