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INDONESIA
Indonesian Journal of Law and Justice
Published by Indonesian Journal Publisher
ISSN : -     EISSN : 30310016     DOI : https://doi.org.10.47134/lawjustice
Core Subject : Social,
Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
The Indonesian Journal of Law and Justice ISSN 3031 0016 is a peer-reviewed scholarly journal dedicated to presenting high quality research in the field of law and justice in Indonesia. The focus and scope of this journal are, Constitutional Law, Criminal Law and Criminology, Civil and Business Law, International Law, Justice and Human Rights. Indonesian Journal of Law and Justice welcomes contributions in the form of research articles, literature reviews, legal notes, and legal essays related to the aforementioned topics. We invite contributions from various perspectives, both academic and practitioner, to enrich discussions and understanding in the field of law and justice in Indonesia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 321 Documents
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Kajian Yuridis Pengisian Jabatan di Lingkungan Pemerintah Daerah Bondowoso Berdasarkan PERMENPAN RB RI No. 15 Tahun 2019 Tentang Pengisian Jabatan Pimpinan Tinggi Secara Terbuka dan Kompetitif di Lingkungan Instansi Pemerintah TioAqzha, Raymirzhad; Fauziyah
Indonesian Journal of Law and Justice Vol. 1 No. 1 (2023): September
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v1i1.1977

Abstract

The public has an important role in choosing regional leaders. Open selection is carried out in order to select officials who have the capacity, competence and integrity to occupy positions in an agency. Pancasila plays an important role as the foundation of the Indonesian state. Implementation of Primary High Leadership Position Selection is one of the activities carried out to find competent and professional leaders. This research is a normative juridical study that analyzes PERMENPAN RB RI No. 15 of 2019 concerning Filling Primary High Leadership Positions as used as a guideline in implementing selection for filling JPT Regional Secretary in Bondowoso Regency; as well as Law no. 5 of 2014 concerning State Civil Apparatus. Based on the results of the existing discussion, the results of this research: first, ASN regulations regarding filling positions which are the main issue in legal incidents have a predetermined format so that they need a more detailed interpretation to help provide solutions related to the same problems within the Indonesian Government. Second, the presence of Law Number 5 of 2014 concerning State Civil Apparatus has indeed used the principle of a merit system so that it can suppress the practice of unscrupulous individuals in the implementation of filling out the Regional Secretary's JPT. As regulated in PERMENPAN RB RI No. 15 of 2019 concerning Filling of Primary High Leadership Positions carried out openly and competitively, missed supervision actually resulted in the filling of the JPT for District Regional Secretary. Bondowoso is impressed that the closer carrier system is not open bidding. The cases that occurred were carried out by unscrupulous individuals, money politics with abuse of position or power created sub-optimality in the implementation of job selection. The effort offered by researchers is to revitalize public participation in the implementation of filling the position of High Leadership Regional Secretary to prevent derivation in the selection of JPT Regional Secretary.
Kajian Yuridis Terhadap Kewenangan Pemerintah Kabupaten Jember dalam Mengawasi Pelaku Usaha Jasa Penyiaran Berlangganan Ikrimah, Syarifatul; Fitri, Icha Chayaning
Indonesian Journal of Law and Justice Vol. 1 No. 1 (2023): September
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v1i1.1978

Abstract

The authority of the Jember district government in supervising subscription broadcasting service businesses. The problem in this research is what authority the Jember district government has in supervising subscription broadcasting service business actors and what the government's efforts are to deal with irresponsible subscription broadcasting service business actors. The research used is normative legal research. The data used is secondary data sourced from primary and secondary legal materials. Data analysis in this research is qualitative analysis. From the research results, it can be concluded that the authority of the Jember district government in supervising subscription broadcasting service businesses aims to ensure that the services received by the public are in accordance with predetermined standards and in accordance with applicable regulations. In this case, the government has the authority to supervise business actors in subscription broadcasting services, such as implementing regulations and rules, providing certification, monitoring and evaluation, and implementing sanctions. And in overcoming the problem of irresponsible subscription broadcasting service providers, such as installing cables on PLN electricity poles without permission, the government can do the following things: Law enforcement, coordination with PLN, outreach, imposing sanctions.
Kebijakan Pemerintah Kabupaten Jember dalam Pencegahan Penyalahgunaan Bahu Jalan Sebagai Lahan Parkir Effendy, Irgi Fahrezy; Ubaidillah, Lutfian
Indonesian Journal of Law and Justice Vol. 1 No. 1 (2023): September
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v1i1.1979

Abstract

The road shoulder is one of the spaces found on the road, the road shoulder is only intended as a special lane for emergency vehicles, but in Jember Regency it is misused and used as a parking area, resulting in disruption of the consistency of traffic flow. The authority of the Jember Regency Government in efforts to prevent the misuse of road shoulders as parking spaces has actually been regulated in Law Number 38 of 2004 concerning Roads. In this connection, the aim of this research is to answer what form the Jember Regency government policy takes in preventing misuse of road shoulders as parking spaces. This type of research is normative juridical, and the research method is taken through several approaches such as the statutory regulations approach, concept approach and case approach. The results of this analysis and discussion can be concluded that the policy of the Jember Regency government through interested agencies based on the regent's regulations which regulate the basis of authority and organizational structure is to carry out socialization and control as a form of effort to prevent misuse of road shoulders as parking lots, this is in accordance with what has been mandated in article 110 Government Regulation Number 34 of 2006 concerning Roads.
Penerapan Pasal 90 Kitab Undang-Undang Hukum Pidana dalam Perkara Pidana Penganiayaan (Studi Putusan Nomor: 26/PID.B/2020/PN.TTN) Octavia, Priandini Nur; Suyatna
Indonesian Journal of Law and Justice Vol. 1 No. 1 (2023): September
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v1i1.1980

Abstract

The crime of abuse is an act committed by someone in any form that causes pain or suffering, even resulting in injury to the victim. Like the criminal act of abuse committed by Herianto bin Safrijal against Mauliddin bin Taliwa Auri who was selling vegetables at the Fajar City Integrated Market Complex, which started with a conversation between the perpetrator and the victim which resulted in Herianto bin Safrijal getting angry and then beating the victim. This research aims to determine the application of Article 90 of the Criminal Code and the judge's considerations in qualifying serious injuries in criminal abuse case number: 26/Pid.B/2020/PN. Ttn. This research uses a legislative, case and concept approach method with a normative juridical research type. the judge's consideration in handing down a verdict against Herianto bin Safrijal (Defendant) on the primary charge as stated in Article 351 paragraph (2) of the Criminal Code, namely assault resulting in serious injuries, with serious injuries meaning that the victim witness is unable to carry out activities or search work (selling vegetables) continuously as stated in Article 90 of the Criminal Code is not appropriate. Because the judge in giving considerations in qualifying serious injuries was not careful. So, to create a fair decision, and avoid decisions that are not supported by supporting evidence, the judge should be more careful and precise in considering the matters contained in the trial facts.
Penyelesaian Sengketa Pemilihan Kepala Desa Serentak di Kabupaten Situbondo Faizin, Nurul; Ubaidillah, Lutfian
Indonesian Journal of Law and Justice Vol. 1 No. 1 (2023): September
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v1i1.1981

Abstract

During the simultaneous village elections, there are several problems which we usually call village head election disputes. In the case of village head election disputes, it is not explicitly regulated regarding the process of resolving disputes over village head election results, either in Law Number 6 of 2014 concerning Villages, Government Regulation Number 43 of 2014 Regarding Village Implementing Regulations Minister of Home Affairs Regulation Number 72 of 2020 concerning Election of Village Heads Regional Regulation Number 9 of 2015 concerning Villages, Regent Regulation Number 19 of 2019 concerning Implementing Regulations of Situbondo Regency Regional Regulations Number 9 of 2015 concerning Village Heads. The aim of this writing is to find out the mechanism for resolving disputes over the election of village heads in Situbondo Regency is in accordance with Law Number 6 of 2014 concerning Villages. This type of research is normative juridical research which aims to provide an overview and explanation or consider and formulate the problem of comparing theories and legal norms contained therein. Mechanisms and dispute resolution have been regulated in Articles 61 and 62 of Regional Regulation number 9 of 2015 concerning village heads, which are further technically implemented in Articles 55 and 56 of Situbondo Regency Regulation Number 19 of 2019 Regulations for Implementing Situbondo Regency Regional Regulation Number 9 of 2015 concerning Village Heads. Basically, these regulations are in accordance and refer to Article 37 paragraph (6) of the Village Law, Article 41 paragraph (7) PP Number 43 2014, and Article 44 paragraph (3) Minister of Home Affairs Regulation Number 72 of 2020.
Pertimbangan Hakim dalam Mengabulkan Dispensasi Nikah Laila, Dwi Mei; Hanifah, Shofia; Izzaba, Nabila; Zaskia, Tsabita
Indonesian Journal of Law and Justice Vol. 1 No. 1 (2023): September
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v1i1.1982

Abstract

: Early marriage is the marriage of a couple who is still young, that is, they have not reached the age of 20 years. The impact of early marriage is to increase the risk of health problems for both mother and child. Many cases are kept in the Religious Courts, especially those related to the timing of marriage. It is impossible for a judge to reject a case he is hearing, let alone a marriage case itself. Marriage is the right to enter into a marriage granted by a religious court in the form of law. This freedom is offered by someone who is about to get married but whose age does not yet meet the requirements of the Marriage Law in Article 7 paragraph (2) of Law Number 1 of 1974. Regarding marriage, its meaning is not determined by reflection, therefore in this case the judge is obliged to determine The content of the article itself determines the request for marriage freedom that is granted. The purpose of this research is to find out how judges decide divorce cases? This type of research is descriptive research, where the author made this research, the source is from many references. From the research results, it can be concluded that Religious Court Judges determine the freedom to marry in accordance with existing regulations.
Analisis Hukum Eksploitasi Anak Sebagai Pengamen dan Pengemis (Studi Tentang Peran Serta Tanggung Jawab Orang Tua) Nugraha, Reza Akbar; Prayoga, Ananta Dwi; Amaliya, Maulina; Prama, Yoga Dian; Puspika Sari, Siti Julaeha; Febrianti, Yenny
Indonesian Journal of Law and Justice Vol. 1 No. 1 (2023): September
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v1i1.1983

Abstract

Children are a gift and responsibility given by God, thus they need to be protected and respected in their basic rights. Child protection is enshrined in the 1945 Constitution and the United Nations child rights convention. Children are the support for the future of the nation and family. Protection for children should commence from within the womb until they reach the age of 18. It is the responsibility of parents, families, and the community to protect the rights of children, while the state and government need to provide facilities and access for the growth and development of children. Child exploitation, such as begging, is a serious problem. The level of poverty is one of the main causes of exploitation. The state and government have an obligation to protect children from exploitation. However, there are still many street children who are vulnerable to exploitation, including physical, economic and sexual exploitation. This research uses a normative legal and empirical juridical approach. In this research, we will explore child protection arrangements in Indonesia, the factors that cause child exploitation, and their impact on children's welfare, with a case study of Decision Number 623/PID.SUS/2016/PN.MLG. With these efforts, we can better understand child protection and the impact of exploitation on child welfare in Indonesia.
Penerapan Asas Lex Loci Contractus dan Lex Causae Terhadap Perkara IPB dan Amerika dalam Hukum Perdata Internasional Putri, Lorena Andrea; Budimansyah, Afriyadi; Pratama, Yoga D; Own.K, Chesario; Amalya, Maulina
Indonesian Journal of Law and Justice Vol. 1 No. 1 (2023): September
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v1i1.1984

Abstract

Law is a unity formed to regulate everything something that happens in society. International law has 2 basic types, namely; Lex Loci Contractus Principle and Lex Loci Causae Principle. Normative writing method by searching library materials as well as reading material from sources related to the problem being studied. IPB case and America, namely regarding the delivery of 800 monkeys one of the monkeys' tail fell off and experienced postnatal stress, Finally, IPB doctors euthanized the baby monkey and paralyze the mother. Because of this incident, America filed a lawsuit against Indonesia regarding achievements in the form of reduction of 800 monkeys. Application of the Lex Loci Contractus Principle and Lex Causae is certainly effective, because it was proven during the process If the case is held, the law used meets the theory Legal Certainty, where Indonesian law is used in accordance with application of the principles in the existing agreement between IPB and America.
Analisis Yuridis Eksistensi Hukum Homoseksual dalam Peraturan Perundang-Undangan Indonesia Putri, Lorena Andrea; Budimansyah, Afriyadi; Hotimah, Husnul; Dienullah, Muhamad Dhava; Buana, Vaddeli Bagas; Febrianti, Yenny
Indonesian Journal of Law and Justice Vol. 1 No. 1 (2023): September
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v1i1.1985

Abstract

This research examines the existence of homosexual laws within the framework of legal regulations in Indonesia. The close relationship between law and human rights (HAM) is the main focus, with the issue of homosexuality causing divisions in society. In the context of human rights, universal principles emphasize that every individual has the same rights without discrimination. However, laws and regulations in Indonesia do not yet provide clear guidance regarding the existence of homosexuals. This results in divisions in society. This research uses a normative juridical method with a regulatory and conceptualization approach. The results show that the 1945 Constitution of the Republic of Indonesia and Law of the Republic of Indonesia no. 39 of 1999 concerning Human Rights recognizes human rights without discrimination, but must be in line with religious values, morality and law. Marriage arrangements in Indonesia emphasize marriage as a bond between a man and a woman, based on the principle of belief in one Almighty God. The legalization of same-sex marriage raises various problems, including conflict with religious norms and a decline in birth rates. In the context of criminal law, the spread of ideology that is contrary to Pancasila can be subject to sanctions. Therefore, the movement to legalize homosexuality in Indonesia may face legal obstacles. Indonesian National Work Competencies in the Field of Forensic Audit.Forensic Audit.
Perlindungan Kekayaan Intelektual Batik Tradisional Dalam Perspektif Hukum Haikal, Muhammad Firli; Faldi, Rusli; Firman, Muhammad; Noriska Salim, Maulana Rafli; Permana, Anggi; Mustaqim
Indonesian Journal of Law and Justice Vol. 1 No. 1 (2023): September
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v1i1.2009

Abstract

Batik is a culturally significant craft with considerable artistic merit that has permeated Indonesia. Batik featuring traditional motifs is thus a significant cultural artifact of Indonesia. Therefore, batik must be safeguarded, maintained, and its growth must be encouraged. The copyright for this batik art, which has been practiced for generations as part of a traditional culture, shall be owned by the state in accordance with Article 10, paragraph 2 of Law No. 19 of 2002 on Copyright. Nevertheless, this legislation has proven inadequate in safeguarding the intellectual property rights of conventional batik motifs during its execution. This research approach is based on an empirical legal methodology. The research findings indicate that Surakarta Kraton batik is categorized as one of the craft arts that has effectively rejuvenated its motifs, techniques, and applications, thereby ensuring its continued existence. Consequently, special protection is required, with the purpose of safeguarding traditional cultural expressions in order to prevent their extinction and preserve cultural heritage. Sui generis IPR protection is intended to safeguard folklore by ensuring that its philosophical, symbolic, theological, and sacrosanct values remain intact.

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