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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 277 Documents
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LEGAL RESPONSIBILITY OF PERPETRAL VIOLATIONS OF THE HANDLED ETLE SYSTEM USING VEHICLES M. Habib Kevin Setiyawan; Yalid; Olivia Anggi Johar
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.v7i2.748

Abstract

This study aims to analyze the legal liability of traffic violators through the Handled ETLE system who use vehicles under someone else's name, the obstacles faced, and efforts to overcome them. The study uses a normative legal method. The results show that law enforcement through Handled ETLE is carried out in stages, starting from violation detection, recording electronic evidence, verification, vehicle identification, sending confirmation letters, clarification, issuing e-tickets, and settlement through payment of fines. If the vehicle owner does not provide confirmation, they may be subject to administrative sanctions in the form of temporary blocking of the vehicle registration certificate (STNK). Legal liability remains borne by the driver who committed the violation, while the vehicle owner is only obliged to provide clarification regarding the driver's identity. The Handled ETLE system applies the principle of liability based on fault and supports legal certainty, justice, transparency, and accountability in traffic law enforcement.
UNILATERAL CANCELLATION OF AGREEMENT IN A BUSINESS CONTRACT Irenda Destian; Miftahul Haq; Yelia Nathassa Winstar
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.v7i2.751

Abstract

The purpose of this research is to analyze unilateral cancellation of agreements in business contracts and to analyze the legal consequences of unilateral cancellation of agreements in business contracts. The method used is normative legal research. Based on the research results, it is known that unilateral cancellation of agreements in business contracts is, in principle, not permitted if it is carried out without the consent of the other party or without a valid legal basis. Based on Article 1338 of the Civil Code, every legally made agreement binds the parties as law. Therefore, contract cancellation must be based on the agreement of the parties, the existence of a breach of contract, force majeure, or a court decision. Supreme Court Jurisprudence Number 4/Yur/Pdt/2018, derived from Supreme Court Decision Number 1051 K/Pdt/2014, also confirms that unilaterally canceling an agreement without legal basis is unlawful. The legal consequences of unilateral cancellation of an agreement in a business contract are that the party canceling the agreement can be declared in default and obligated to pay compensation in accordance with the provisions of the Civil Code. Furthermore, the injured party has the right to file a lawsuit to demand cancellation of the contract, fulfillment of performance, or compensation. Unilateral cancellation also reduces legal certainty and trust in business relationships, so contract implementation must always be based on the principles of good faith, legal certainty, and balance between the parties.
EFFECTIVENESS OF THE CONSIGNMENT MECHANISM IN CREATING LEGAL CERTAINTY IN LAND ACQUISITION FOR PUBLIC INTERESTS Junpiter Tambun; Yalid; Indra Afrita
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.v7i2.752

Abstract

This study aims to analyze the application of the consignment mechanism in land acquisition for public interest in the construction of the Balairaja Toll Gate, Bengkalis Regency, based on the principles of legal certainty and protection of land rights, and to reconstruct a more ideal consignment mechanism. The study used sociological legal methods. The results indicate that consignment provides legal certainty for the government in continuing development when compensation is refused or land rights are disputed. However, its implementation still faces various obstacles, such as suboptimal deliberation, lack of transparency in compensation assessments, limited community participation, and the tendency to use consignment as an instrument for accelerating development. This situation has resulted in a balance between legal certainty, justice, and the protection of community rights that has not been fully realized. Therefore, reconstruction of the consignment mechanism is necessary by strengthening the deliberation function, increasing transparency and accountability in assessments, providing opportunities for comparative assessments (second appraisals), placing consignment as a last resort (ultimum remedium), strengthening oversight by the District Court, and improving the provisions in Law Number 2 of 2012 and its implementing regulations. This reconstruction is expected to achieve a balance between national development interests and the protection of community constitutional rights in accordance with the principles of a democratic state based on the rule of law.
THE POSITION OF NUMERAL CHILDREN IN THE INHERITANCE SYSTEM OF ISLAMIC LAW AND BADUY CUSTOMARY LAW Faisal Hardiansyah; Yeni Nuraeni; Mahipal
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.v7i2.754

Abstract

This study aims to analyze the position of adopted children in the inheritance system of Islamic Law and Customary Law of the Baduy Tribe, as well as to examine the application of inheritance law to adopted children in the Baduy community who adhere to Sunda Wiwitan and who are Muslim. The background of this study is based on the fundamental differences between Islamic Law and Baduy Customary Law in determining the inheritance rights of adopted children. In Islamic Law, adopted children do not have a lineage relationship with adoptive parents so they do not have the right to inherit directly, whereas in Baduy Customary Law adopted children can be treated equally with biological children based on customary recognition and acceptance. The research method used is a normative-empirical juridical approach with a statutory, conceptual, and sociological approach. Data were obtained through library studies and field research conducted in the Baduy Customary community. Data were analyzed qualitatively to obtain an overview of the application of inheritance law to adopted children in community practice. The results of the study indicate that in the perspective of Islamic Law, adopted children are not included as legal heirs, but can obtain a share of assets through a grant or mandatory will of up to one-third of the inheritance of the adoptive parents. In contrast, in Baduy customary law, adopted children who have been accepted as family members have almost the same status as biological children and can obtain rights to family property based on deliberation and applicable customary provisions. The application of inheritance law in Baduy society demonstrates the interaction between Islamic and customary law values ??aimed at maintaining justice, family harmony, and social order. The main difference between the two legal systems lies in the basis for determining inheritance rights, namely lineage relations in Islamic law and social-family relations in Baduy customary law.
LAW ENFORCEMENT IN MANAGEMENT OF POLICE OPERATIONAL FUNDS IN THE RIAU REGIONAL POLICE Elga Gilbert Orion Sinaga; Fahmi; M. Fadly Daeng Yusuf
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 law enforcement in the management of police operational funds at the Riau Regional Police (Polda Riau), to examine the obstacles encountered in law enforcement related to the management of police operational funds, and to analyze efforts to overcome those obstacles. The research employs a sociological legal research method. The findings indicate that the management of operational funds constitutes an integral part of state financial management and must be carried out in accordance with the principles of transparency, accountability, effectiveness, efficiency, and compliance with applicable laws and regulations. Every official entrusted with the authority to manage operational funds bears legal responsibility for the use of such funds. Where abuse of authority, manipulation of accountability reports, misuse of budget allocations, or other acts resulting in state financial losses occur, the responsible parties may be held criminally liable pursuant to the provisions of the Law on the Eradication of Corruption and other legislation governing state financial management. The study further reveals several obstacles to effective law enforcement, including the difficulty of proving the element of abuse of authority, the suboptimal performance of the internal supervisory system, limited competence of human resources in public financial management, the lengthy process required for investigative audits, and an organizational culture that has not fully encouraged the reporting of suspected irregularities. These obstacles make the evidentiary process more complex and may hinder the timely, accurate, and accountable resolution of legal cases. To address these challenges, the study proposes strengthening the role of the Regional Inspectorate for Supervision (Inspektorat Pengawasan Daerah) in internal oversight, enhancing the competence of financial management officials through education and professional training, optimizing coordination with audit institutions and law enforcement agencies, utilizing information technology in financial management and supervisory systems, fostering a culture of integrity within the police institution, and ensuring firm and consistent law enforcement against every misuse of operational funds. These measures are expected to promote transparent and accountable management of operational funds within the Riau Regional Police while preventing criminal acts that cause losses to state finances.
CONFLICT OF NORMS IN IMPLEMENTING FINES FOR CURRENT THEFT ELECTRICITY IN THE INDONESIAN LEGAL SYSTEM BASED ON THE PERSPECTIVE OF JUSTICE Buyung Ganti; 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

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Abstract

The purpose of this study is to analyze the legal provisions for the crime of electricity theft based on statutory regulations and to analyze the ideal concept of fines against companies committing electricity theft from a justice perspective. The method used is normative legal research. Based on the research results, it is known that the legal provisions for the crime of electricity theft based on statutory regulations are implemented through two mechanisms: an administrative or civil mechanism and a criminal mechanism. Administrative regulation is implemented through the Regulation of Electricity Usage (P2TL) which is based on Article 17 of the Regulation of the Minister of Energy and Mineral Resources Number 27 of 2017 as amended by the Regulation of the Minister of Energy and Mineral Resources Number 18 of 2019 and followed up through the Regulation of the Board of Directors of PT PLN (Persero) Number 028 of 2023 which has been ratified through the Decree of the Director General of Electricity Number 539.K / TL.04 / DJL.3 / 2023. In its implementation, PT PLN (Persero) has the authority to impose additional bills for violations of P1, P2, P3, and P4 as a form of recovery of losses due to unauthorized use of electricity. From a criminal aspect, the regulation of the crime of electricity theft is regulated in Article 51 paragraph (3) of Law Number 30 of 2009 concerning Electricity which stipulates that anyone who uses electricity that is not their right in an unlawful manner is threatened with a maximum prison sentence of seven years and a maximum fine of Rp. 2,500,000,000.00. The enforcement of this criminal law is carried out by the Indonesian National Police and Civil Servant Investigators (PPNS), while the authority to impose criminal penalties rests with the court. Thus, the administrative process through P2TL and the criminal process are two different mechanisms, but both can be applied simultaneously to one incident of electricity theft because they have different legal objectives, namely recovering losses and providing a deterrent effect on the perpetrator. The ideal concept of fine sanctions against companies that commit the crime of electricity theft from a justice perspective is that they should no longer use the maximum fine criminal system as regulated in Article 51 paragraph (3) of Law Number 30 of 2009 concerning Electricity. These provisions do not fully reflect the principle of justice because they do not differentiate between the amount of electricity used illegally, the amount of losses incurred, the profits obtained by the perpetrator, or the perpetrator's status as a household or business customer. Therefore, the ideal criminal fine regulation should be formulated based on the classification of the amount of electricity used, the amount of losses experienced by PT PLN (Persero), the amount of profit obtained by the perpetrator, and the level of culpability. Therefore,companies that illegally use large amounts of electricity and generate substantial profits may be subject to heavier fines than perpetrators with less serious violations.
CRIMINAL RESPONSIBILITY OF PERPETRATORS OF ASSAULT DUE TO SOCIAL CONFLICT IN KAMPAR REGENCY Boby Putra Ramadhan Sebayang; Irawan Harahap; Miftahul Haq
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

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Abstract

The purpose of this study is to analyze the criminal liability of perpetrators of assault due to social conflict in Kampar Regency, to analyze the obstacles to criminal liability of perpetrators of assault due to social conflict in Kampar Regency, and to analyze efforts to overcome these obstacles. The method used is sociological legal research. Based on the research results, it is known that Criminal Liability of Perpetrators of Assault Due to Social Conflict in Kampar Regency can be imposed as long as it can be proven that there was an unlawful act and the perpetrator was at fault. However, in practice, proving the element of fault becomes more complex because the incident occurred on a mass scale and was influenced by the conflict situation. Criminal accountability fundamentally adheres to the basic principles of criminal law, namely the existence of fault, the capacity to take responsibility, and the absence of justification or excuse. In the context of Law Number 1 of 2023 concerning the National Criminal Code, assault remains a criminal act for which individual responsibility must be met, even when occurring in situations of social conflict involving many people. Various obstacles exist in the criminal accountability process, including the difficulty of obtaining evidence and the lack of witnesses, the strong culture of family resolution in society, the limited number of law enforcement personnel, and the influence of mass emotions and group solidarity. These obstacles prevent the law enforcement process from always being effective and optimal. Efforts to overcome these obstacles require various measures, such as strengthening the evidentiary system and witness protection, optimizing the selective application of restorative justice, increasing the capacity of law enforcement officers, and increasing public education and legal awareness. These efforts are expected to strengthen the effectiveness of law enforcement and create a balance between justice, legal certainty, and expediency.

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