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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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EFFECTIVENESS OF INDUSTRIAL RELATIONS DISPUTE NEGOTIATIONS IN THE INTERESTS OF TRADE UNIONS Raya Gomal Manalu; 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.v7i3.699

Abstract

This study aims to analyze the effectiveness of negotiations in resolving industrial relations disputes, particularly in relation to the interests of labor unions in defending the rights of their members. The main focus of this study is directed at the bipartite negotiation mechanism as a mandatory stage before taking the litigation route. Inequality of bargaining power and differences in negotiation strategies often become obstacles in reaching a fair agreement. The research method used is normative juridical with a case approach and a conceptual approach. Data were collected through a literature study of primary, secondary, and tertiary legal materials related to Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes and industrial relations theories. The results of the study indicate that the effectiveness of industrial relations negotiations is greatly influenced by organizational strength, legal capacity, and negotiation strategies implemented by labor unions. It appears that the coherence of litigation strategies and evidentiary strength are the main keys in defending workers’ interests at the cassation level. This study concludes that although bipartite negotiations are a deliberative instrument, their success is highly dependent on the independence or autonomy of trade unions in facing employer domination in order to realize legal certainty and protection of workers’ normative rights.
DEBTOR'S DEFAULT AND BANK RAKYAT INDONESIA CREDIT GUARANTEE AUCTION PROCEDURE Saifudin Wahid; 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.v7i3.700

Abstract

The purpose of this study is to analyze the definition and classification of debtor default in BRI credit agreements based on Decision No. 397/Pdt.G/2025/PN Jkt.Pst and to analyze the BRI credit guarantee auction procedure and its implications for debtor protection based on Decision No. 397/Pdt.G/2025/PN Jkt.Pst. This study uses a normative juridical method with a statutory approach and a case approach, based on secondary data in the form of laws and regulations, court decisions, and doctrines. The results of the study indicate that the debtor CV. SAMIJAYA is normatively in a state of default due to prolonged payment arrears so that it cannot be qualified as force majeure; Thus, BRI as the holder of the mortgage has a legal basis to carry out the execution of the guarantee as long as the procedure is in accordance with the provisions, the credit guarantee auction procedure through the KPKNL which is based on the mortgage certificate and the Minister of Finance Regulation Number 122 of 2023 without the involvement of the fiat of the Head of the District Court and by setting a limit value that is far below the market price, it creates problems with the hierarchy of norms and has the potential to cause excessive losses to debtors, so that the practice of parate execution needs to be aligned with the HIR/RBg, the principle of legal certainty, and the principle of consumer protection for financial services.  
LEGAL ANALYSIS OF THE PRINCIPLE OF FREEDOM OF CONTRACT TOWARDS LEGAL CERTAINTY AND JUSTICE IN AN AGREEMENT Tumpal Haojahan Sihombing; 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.v7i3.701

Abstract

This study aims to analyze the implementation of the principle of freedom of contract in Indonesian positive law and its implications for legal certainty and justice for the parties in an agreement. The main focus of this study is directed at how to balance individual autonomy (party autonomy) with legal protection for parties with weaker bargaining power, especially in the use of standard contracts. The research method used is normative juridical with a statute approach and a conceptual approach. Data were collected through a literature study of primary legal materials such as the Civil Code and relevant secondary and tertiary legal materials. The results of the study indicate that the implementation of the principle of freedom of contract as regulated in Article 1338 paragraph (1) of the Civil Code has provided legal certainty through the principle of pacta sunt servanda. However, in practice, this legal certainty is often formalistic and tends to benefit parties who are economically and informationally dominant. Substantive justice is often neglected when freedom of contract is used as an instrument of exploitation through disproportionate exoneration clauses. This study concludes that freedom of contract is not absolute, but must be limited by the principles of good faith, propriety, and public order in order to create a balance of rights and obligations that is just for all parties.
LEGAL PROTECTION FOR HEIRS OF DIGITAL ASSETS IN INDONESIA'S SPECIAL INHERITANCE REGULATIONS Angelin Lonata A; Yusuf Daeng; Silm Oktapani
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.v7i3.702

Abstract

The rapid development of information and communication technology has led to the emergence of various forms of digital assets with economic value, including social media accounts, cryptocurrency wallets, blockchain-based digital assets, digital banking accounts, and other electronic data. However, the inheritance of digital assets has not yet been specifically and comprehensively regulated within the Indonesian inheritance law system. This situation creates legal uncertainty for heirs in exercising their rights over the digital assets left by the deceased. This study aims to analyze the legal framework governing digital asset inheritance in Indonesia and to examine the forms of legal protection available to heirs regarding digital assets left by the predecessor. The research employs a normative legal research method using statutory, conceptual, and comparative approaches. Data were collected through library research involving legislation, legal literature, and other legal documents related to digital assets and inheritance law. The findings indicate that regulations concerning digital asset inheritance in Indonesia remain fragmented and have not provided adequate legal certainty for heirs. Legal protection for heirs of digital assets can be achieved through the recognition of digital assets as inheritable property, the establishment of specific regulations governing digital asset inheritance, and the provision of clear mechanisms for access and transfer of rights to heirs. Therefore, reform of inheritance law that is responsive to technological developments is necessary to ensure legal certainty, justice, and legal protection for heirs of digital assets in Indonesia.
EFFECTIVENESS OF CHILD PROTECTION IMPLEMENTATION IN HANDLING SEXUAL EXPLOITATION IN INDONESIA Muhammad Nasir; 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.v7i3.705

Abstract

Child sexual exploitation is a form of human rights violation that has serious impacts on children’s physical, mental, and social development. Although the government has enacted Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection as the primary legal instrument for protecting children, the practice of child sexual exploitation continues to show alarming figures. This study uses a normative legal research method with a statute approach, a conceptual approach, and a case approach. The data used are primary legal materials, secondary legal materials, and tertiary legal materials obtained through literature studies. All legal materials are analyzed qualitatively using descriptive-analytical methods to obtain an overview of the conformity between legal provisions and their application in practice. The results of the study indicate that Law Number 35 of 2014 has regulated legal protection for child victims of sexual exploitation comprehensively through provisions regarding prevention, special protection, the imposition of criminal sanctions on perpetrators, and the restoration of victims’ rights. However, its implementation has not been running optimally because there are still various obstacles, including limited coordination between agencies, low capacity of law enforcement officers, lack of courage among victims to report, and minimal rehabilitation facilities and psychosocial support.
TRANSFORMATION OF CRIME COMBAT IN THE DIGITAL ERA: FROM CONVENTIONAL CRIMINAL LAW TO DATA-BASED PREDICTIVE SYSTEMS Tatang Sholahudin; A. Hendro Yulianto; Hartanto
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.v7i3.708

Abstract

The development of digital technology has brought significant changes to crime patterns, which are increasingly complex, rapid, and data-driven. This situation demands a transformation in the crime prevention system, which no longer relies solely on conventional, reactive criminal law approaches, but also moves towards data-driven, preventative and predictive approaches. This study aims to analyze the paradigm shift in crime prevention from conventional models to data-driven predictive systems from a criminal law perspective. The research method used is normative juridical with a statutory and conceptual approach. The results show that the conventional criminal law system has limitations in responding to the dynamic nature of digital crime, so the integration of technologies such as big data and artificial intelligence is necessary to support early detection and crime prevention. However, the implementation of predictive systems must still adhere to the principles of legality, legal certainty, and protection of human rights to avoid abuse of authority and algorithmic bias. Thus, the transformation of crime prevention in the digital era is an urgent need to create a criminal justice system that is more effective, adaptive, and responsive to technological developments.
THE CRIMINAL JUSTICE SYSTEM IN INDONESIA: CHALLENGES AND EFFORTS TO ACHIEVE JUST LAW ENFORCEMENT Tatang Sholahudin; A. Hendro Yulianto; Hartanto
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.v7i2.709

Abstract

The Indonesian Criminal Justice System is an integrated mechanism involving the Police, Prosecutor's Office, Courts, and Correctional Institutions in enforcing criminal law. This system functions not only to combat crime but also to achieve justice, legal certainty, and the protection of human rights. However, in practice, the Indonesian criminal justice system still faces various challenges, such as weak coordination among law enforcement officials, low integrity among law enforcement officials, overcrowding of correctional institutions, and the increasing complexity of technology-based crimes. This study aims to analyze the challenges facing the Indonesian criminal justice system and examine efforts that can be made to realize just law enforcement. The research method used is normative legal research with a statutory and conceptual approach. The results show that optimization of the criminal justice system can be achieved by strengthening the integrity of law enforcement officials, improving coordination between institutions, implementing Restorative Justice, and utilizing technology in the judicial process. Thus, criminal justice system reform is needed that is not only oriented towards legal certainty but also ensures the achievement of substantive justice for the community.
IMPLEMENTATION OF REGISTRATION OF INDIVIDUAL COMPANIES THROUGH THE GENERAL LEGAL ADMINISTRATION SYSTEM ONLINE IN PEKANBARU CITY Wahyuni Rizki; Irawan Harahap; Miftahul Haq
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

This study aims to analyze the implementation of Sole Proprietorship registration through the Online General Legal Administration System (AHU) in Pekanbaru City, identify obstacles encountered in its implementation, and examine efforts made to overcome these obstacles. Sole Proprietorship is a form of legal entity intended for Micro and Small Enterprises (MSEs) as regulated in Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law and Government Regulation Number 8 of 2021. This study uses a sociological legal research type with an empirical approach. Data were obtained through interviews with officials from the Riau Province Ministry of Law Regional Office, the Pekanbaru City Investment and One-Stop Integrated Service Office, and Micro and Small Enterprises, supported by literature studies. Data analysis was conducted qualitatively using descriptive methods. The results of the study indicate that the implementation of Sole Proprietorship registration through AHU Online in Pekanbaru City has been running in accordance with the provisions of laws and regulations and provides convenience in the form of a fast, simple, affordable process, and can be done electronically. However, its implementation has not been optimal due to various obstacles, including low understanding of MSEs regarding Sole Proprietorships (Private Partnerships), limited ability to use information technology, and suboptimal socialization and mentoring activities. Efforts made to overcome these obstacles include increasing socialization to the community, providing technical assistance to MSEs in the registration process through AHU Online, and strengthening coordination between relevant agencies to improve the effectiveness of policy implementation. Thus, continuous synergy is needed between the government and business actors so that the goal of establishing a Sole Proprietorship as a legal business instrument for MSEs can be optimally realized.
IMPLEMENTATION OF LOCAL GOVERNMENT RESPONSIBILITY FOR DAMAGED ROADS Zulkarnaini; Irawan Harahap; Miftahul Haq
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 purpose of this study is to analyze the implementation of local government responsibility for damaged roads in Tapung Hulu District, Kampar Regency, to analyze the obstacles in the implementation of local government responsibility for damaged roads in Tapung Hulu District, Kampar Regency, and to analyze efforts to overcome obstacles in the implementation of local government responsibility for damaged roads in Tapung Hulu District, Kampar Regency. The method used is sociological legal research. Based on the results of the study, it is known that the implementation of local government responsibility for damaged roads in Tapung Hulu District, Kampar Regency has not been running optimally because there are still road sections that have been damaged for a relatively long time, thus affecting the safety of road users, the smooth mobility of the community, and economic activities. This condition indicates that the implementation of local government obligations has not fully met the principles of implementing safe, secure, sustainable roads and providing quality public services as mandated by laws and regulations. The obstacles are: First, limited regional financial capacity causes the budget for road maintenance and improvement to not be able to meet all the needs for road infrastructure development. Second, the weak road monitoring and maintenance system causes minor damage not to be immediately addressed so that it develops into severe damage that requires greater rehabilitation costs. Third, the less than optimal implementation of criminal liability against road operators who neglect to carry out their obligations as stipulated in Article 24 and Article 273 of Law Number 22 of 2009 concerning Road Traffic and Transportation, so that the preventive function of criminal law has not provided a deterrent effect in increasing compliance of road operators with their legal obligations. Efforts to overcome these obstacles include optimizing budget management through the preparation of development priorities based on the level of road damage and community needs, as well as utilizing other legitimate funding sources in accordance with statutory provisions. Furthermore, local governments need to strengthen the system of supervision, inventory, and periodic road maintenance by utilizing information technology and improving inter-agency coordination so that road damage can be detected and handled more quickly. In addition, it is necessary to optimize law enforcement against road operators who neglect to carry out their obligations through the application of criminal provisions in accordance with statutory regulations, accompanied by increased internal supervision and accountability of government officials, so as to create legal certainty, protection for road users, and improve the quality of public services in the field of road infrastructure.
EFFECTIVENESS OF THE LAW IN THE MINUTE CRIME OF PALM OIL THEFT Jufri; Indra Afrita; Sandra Dewi
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

This study aims to analyze the effectiveness of the law in handling the minor crime of palm oil theft in the jurisdiction of the Pasir Penyu Police, identify obstacles faced by law enforcement officers in enforcing the law against this crime, and examine efforts made to improve the effectiveness of law enforcement. The crime of palm oil theft is a form of crime that often occurs in plantation areas and causes economic losses for the community and companies. Although some cases are classified as minor crimes, their handling must still pay attention to legal certainty, justice, and legal benefits. The research method used is sociological (empirical) legal research with a descriptive nature. Primary data was obtained through interviews with the Pasir Penyu Police Chief, investigators, Bhabinkamtibmas, plantation company officials, and the community, while secondary data was obtained through a literature study consisting of primary, secondary, and tertiary legal materials. Data analysis was conducted qualitatively by drawing conclusions deductively. The results of the study indicate that the effectiveness of the law in handling the minor crime of palm oil theft in the jurisdiction of the Pasir Penyu Police has not been running optimally. Law enforcement has been implemented in accordance with the provisions of the Criminal Code and the Criminal Procedure Code, but its effectiveness is still influenced by various factors, including low public legal awareness, the perpetrators' economic factors, the vast plantation areas that are difficult to monitor, limited police personnel, and the continued tendency to resolve cases through a familial approach. These obstacles have led to the recurrence of palm oil theft crimes. Efforts made by the Pasir Penyu Police include increasing patrols in plantation areas, coordinating with companies and village governments, providing legal counseling to the community, optimizing the function of Bhabinkamtibmas, and professional law enforcement against each perpetrator in accordance with statutory provisions. Based on the results of the study, it can be concluded that the effectiveness of the law in handling minor crimes of palm oil theft in the jurisdiction of the Pasir Penyu Police has not been fully achieved because there are still various factors that hinder law enforcement. Therefore, synergy is needed between law enforcement officers, plantation companies, local governments, and the community to improve legal compliance and prevent the occurrence of palm oil theft crimes on an ongoing basis.

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