Indonesian Journal of Law and Justice
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.
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<![CDATA[Kajian Yuridis Kebijakan Pengelolaan Tambang di Wilayah Kabupaten Situbondo Ditinjau Berdasarkan Undang-Undang Nomor 3 Tahun 2020 tentang Pertambangan Mineral dan Batubara ]]>
<![CDATA[Naufal, Raid Fikri]]>;
<![CDATA[Fitri, Icha cahyaning]]>
<![CDATA[ Indonesian Journal of Law and Justice Vol. 1 No. 2 (2023): December ]]>
Publisher : <![CDATA[Indonesian Journal Publisher ]]>
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DOI: 10.47134/ijlj.v1i2.2010
<![CDATA[This research was conducted to find out how mining management policies are reviewed based on Law Number 3 of 2020 concerning mineral and coal mining. In this research, the method used is normative juridical which focuses on the application of rules or norms in positive law to raise, discuss and explain the legal issues raised. Mining is some or all stages of activities in the context of research, management and exploitation of minerals or coal which includes general investigations, exploration, feasibility studies, construction, mining, processing and refining, transportation and sales, as well as post-mining activities. Mining is an activity carried out either simply (manually) or mechanically which includes preparation for scattering, loading and transporting excavated materials. Excavated goods contained in the Indonesian mining jurisdiction are national wealth which is a gift from God in the form of natural deposits.]]>
<![CDATA[Pertanggungjawaban Badan Penyelenggara Jaminan Sosial (BPJS) Kesehatan Atas Kebocoran Data Pribadi Pengguna dalam Perspektif Hukum Pidana ]]>
<![CDATA[Maulida , One]]>;
<![CDATA[Utomo, Hari]]>
<![CDATA[ Indonesian Journal of Law and Justice Vol. 1 No. 2 (2023): December ]]>
Publisher : <![CDATA[Indonesian Journal Publisher ]]>
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DOI: 10.47134/ijlj.v1i2.2011
<![CDATA[BPJS Health is the Health Social Security Organizing Agency which is responsible for administering health insurance programs for the Indonesian people. However, in the era of increasingly digitalization, user data leakage is a serious problem that must be handled seriously. User data leaks have become an increasingly disturbing issue in this digital era. One of the entities responsible for maintaining the confidentiality of user data is the Social Security Administering Agency for Health. This article aims to analyze BPJS Health's responsibility for leaking user data from a criminal law perspective. This research uses normative research methods with a statutory approach and related cases in its analysis. The research results show that leakage of user data by the Health Social Security Administering Agency can violate several criminal provisions as stated in Law no. 27 of 2022 concerning personal data protection and based on Law no. 11 of 2008 concerning Information and Electronic Transactions, especially in the context of violations of confidentiality and protection of personal data. It can be concluded that BPJS Health has criminal legal responsibility for user data leaks. To minimize the risk of data leaks, the Social Security Administering Agency for Health needs to improve system security and compliance with personal data protection regulations. Apart from that, the government needs to strengthen supervision and law enforcement in dealing with cases of data leaks involving public entities such as BPJS Health.]]>
<![CDATA[Perlindungan Konsumen Terhadap Peredaran Produk Kosmetik Mengandung Bahan Berbahaya yang Merugikan Konsumen (Studi Analisis Produk Kosmetik Temulawak New Day & Night Cream Beauty Whitening) ]]>
<![CDATA[Putri, Ela Oktavia]]>;
<![CDATA[Reykasari, Yunita]]>
<![CDATA[ Indonesian Journal of Law and Justice Vol. 1 No. 2 (2023): December ]]>
Publisher : <![CDATA[Indonesian Journal Publisher ]]>
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DOI: 10.47134/ijlj.v1i2.2012
<![CDATA[The definition of cosmetics according to Article 1 number (1) of the Republic of Indonesia Minister of Health Regulation Number 176/MenKes/PER/VIII/2010 concerning Determination of the term Cosmetics is a material or preparation whose use is application outside the human body to change the appearance or improve and maintain the body. Women are required to have types of cosmetics such as powder, eyebrow pencil and lipstick. Apart from domestic cosmetic products, cosmetics markets from abroad can also enter Indonesia because of rapid globalization. Cosmetic products created as a result of the development of the pharmaceutical industry further bind women's desire to look beautiful and perfect, therefore all situations are exploited by a group of irresponsible entrepreneurs who produce or sell cosmetics that do not meet the requirements. The government promulgated Law Number 8 of 1999 concerning Consumer Protection to ensure that consumers are fully protected and provide requirements for cosmetic products. Even though the above regulations have been confirmed and promulgated, there is still disobedience by business actors in trading activities regarding the cosmetics they produce containing dangerous ingredients. An example is the distribution of the Temulawak New Day & Night Cream Beauty Whitening cosmetic product which contains mercury. This also includes violating Article 4 letter c of the Consumer Protection Law (UUPK), cosmetic products that are bought and sold containing mercury-containing ingredients are an example of a lack of supervision by the government and the Food and Drug Supervisory Agency (BPOM) so that the products These cosmetic products can still circulate in the community. One product that is currently popular and in demand by many people is the Temulawak New Day & Night Cream Beauty Whitening cosmetic, which is known to be distributed throughout the Republic of Indonesia and is known to contain dangerous substances, namely mercury.]]>
<![CDATA[Pertanggungjawaban Penyelenggara Investasi Bodong yang Memakai Skema Ponzi dengan Modus Investasi Cryptocurrency ]]>
<![CDATA[Rizki, Fil]]>;
<![CDATA[Suryokencono, Pramukhtiko]]>
<![CDATA[ Indonesian Journal of Law and Justice Vol. 1 No. 2 (2023): December ]]>
Publisher : <![CDATA[Indonesian Journal Publisher ]]>
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DOI: 10.47134/ijlj.v1i2.2013
<![CDATA[The development of investment is currently very popular so many people are interested in investing to meet their needs, but not many people know about legal and illegal investments, so there are many cases of fraud using investment methods. Usually illegal investments will offer profits and bonuses in recruiting new members. This research aims to determine accountability and sanctions in preventing and taking action against perpetrators of fraudulent investments. The methods used in this research are as follows: statutory approach, case approach, normative juridical research types of primary and secondary legal materials. Data analysis techniques using library legal research. The results of this research show that in the investment business legal entities cannot be held physically responsible but rather the individuals involved in it can be held responsible in accordance with applicable laws. perpetrators of illegal or fraudulent investments in their implementation using new member bonuses violate the rules of criminal law, namely article 105 of Law no. 7 of 2014 concerning Trade.]]>
<![CDATA[Pertanggungjawaban Pidana Bagi Pihak Marketplace dan Penjual dalam Jual Beli Obat Ilegal Jenis Cytotec Secara Online ]]>
<![CDATA[Maulana, Daud Abdan]]>;
<![CDATA[Suryokencono, Pramukhtiko]]>
<![CDATA[ Indonesian Journal of Law and Justice Vol. 1 No. 2 (2023): December ]]>
Publisher : <![CDATA[Indonesian Journal Publisher ]]>
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DOI: 10.47134/ijlj.v1i2.2035
<![CDATA[Indonesian society, especially those in urban areas, is inseparable from the internet, because almost all activities always involve the internet and information technology. So, it is not surprising that the internet has now become a basic necessity for some groups, especially for those who use the internet for business purposes (E-commerce). One of the online suggestions for selling illegal drugs is E-commerce as access to transactions via online media. Through these trade transactions, conventional buying and selling is no longer valid, and E-commerce has become an alternative trade for consumers. What is the responsibility of the marketplace and sellers in the illegal buying and selling of Cytotec hard drugs online. The type of research used is normative juridical (legal research). using a statutory approach and a case approach. In this research, researchers found that the marketplace has criminal responsibility for buying and selling illegal drugs such as misoprostol online. Based on an analysis of applicable laws and regulations, it was found that the marketplace has an obligation to monitor and prevent illegal drug buying and selling transactions on its platform. This research concludes that the marketplace is criminally responsible for buying and selling illegal drugs such as misoprostol online. Research findings show that marketplaces have an obligation to monitor and prevent illegal drug sales transactions on their platforms. However, in several cases studied, there is strong evidence that marketplaces do not take adequate steps to prevent the sale of illegal drugs, such as a lack of seller verification mechanisms, monitoring of unlawful advertisements, and a disinterest in removing illegal drug offers.]]>
<![CDATA[Tanggung Gugat Marketplace Sebagai Penyedia Layanan Dompet Digital (Shopee-Pay) Terhadap Konsumen ]]>
<![CDATA[Zinnani F.A, Nelly]]>;
<![CDATA[Suryono, Ahmad]]>
<![CDATA[ Indonesian Journal of Law and Justice Vol. 1 No. 2 (2023): December ]]>
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DOI: 10.47134/ijlj.v1i2.2036
<![CDATA[The current growth of information technology and electronic transaction systems can make the information technology industry a superior industry. The use of the internet as a trading medium continues to increase every year. One of the online business media in Indonesia that has started to use it is the Shopee application. Shopee is an online shopping site specifically designed to provide easy, safe and fast shopping with a strong payment system and logistics support. Shopee has several service features that make it easier for Shopee users, one of which is a digital wallet service or referred to in the application as Shopee-pay. In practice, when using this service, problems or errors sometimes arise, the cause of which arises not only from the user himself, but also from the service provider or third party. Such as frequent cases of loss of shopee-pay balances experienced by consumers, causing losses to the parties. consumer. This research aims to find out and understand the responsibility of the marketplace as a provider of digital wallet services (Shopee-pay) towards consumers. This research uses a statutory, case and concept approach with a normative juridical research type. In this case, Shopee as the marketplace is liable because there is an alleged element of intent or negligence which resulted in the loss of Shopee-Pay balance experienced by consumers and this incident fulfills the elements of an unlawful act regulated in Article 1365 of the Civil Code.]]>
<![CDATA[Tanggung Gugat Penyedia Layanan Terhadap Afiliator Terkait Wanprestasi dalam Perjanjian Afiliasi (Studi Kasus Afiliator Shopee Id: 11377610190) ]]>
<![CDATA[Laely, Syirtu Fil]]>;
<![CDATA[Iman, Muh]]>
<![CDATA[ Indonesian Journal of Law and Justice Vol. 1 No. 2 (2023): December ]]>
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DOI: 10.47134/ijlj.v1i2.2037
<![CDATA[The rapid development of internet technology influences online shopping activities through e-commerce, especially Shopee which has the Shopee Affiliate program. There are problems that often occur with Shopee Affiliates. One of them is that affiliates do not get full rights to the commission that was agreed upon at the beginning of the agreement. When the commission is not received in accordance with the terms and conditions of the agreement, Shopee can be held accountable. Therefore, this research is focused with the aim of finding out how liable service providers are to affiliates regarding non-performance in affiliate agreements on the Shopee application. The research method used by researchers is a legal research approach, namely legislation (statute approach), cases (case approach), and conceptual approach (conceptual approach) to help obtain data and information needs. In addition, this type of research design involves normative juridical research and is accompanied by the use of library study instruments as an alternative to collecting research supporting materials. Based on the results/findings of research on the problem of affiliate commission cases caused by an element of negligence or deliberate action on the part of Shopee as the organizer and service provider of the Shopee Affiliate program. so in this case, the affiliate of the Shopee Affiliate program who is disadvantaged has the right to file a lawsuit against Shopee who must be held accountable for the breach of contract that has been committed.]]>
<![CDATA[Tinjauan Yuridis Terhadap Obyek Jaminan Fidusia yang Digadaikan Tanpa Persetujuan Penerima Fidusia (Studi Kasus di PT. Sinarmas Multifinance Cabang Jember) ]]>
<![CDATA[Cipta Nurrovik , M. Dani]]>;
<![CDATA[Reykasari, Yunita]]>
<![CDATA[ Indonesian Journal of Law and Justice Vol. 1 No. 2 (2023): December ]]>
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DOI: 10.47134/ijlj.v1i2.2039
<![CDATA[This research examines the juridical review of fiduciary collateral objects pledged without the consent of the fiduciary recipient. The aim of this research is to analyze the juridical review of fiduciary collateral objects pledged without the consent of the fiduciary recipient. The research method used is the statutory approach method (statue approach) and the case approach method. The type of research is normative juridical, meaning that the problems raised, discussed and described in this research are prioritized by applying positive rules or norms. The research results reveal that in practice we encounter many cases with obstacles in the field. Firstly, this is because many fiduciary recipients still do not register fiduciary collateral objects. Second, fiduciary parties can still be found who violate the agreed provisions. Even though the object of the fiduciary guarantee has been registered, there are still fiduciary providers who pledge the object of the fiduciary guarantee. The form of formal legal protection that can be done is by registering the object of fiduciary collateral with the fiduciary registration office. The second step is to provide a clause to provide sanctions against the party giving the fiduciary.]]>
<![CDATA[Tinjauan Yuridis Terhadap Perlindungan Konsumen Atas Beredarnya Makanan Kadaluarsa ]]>
<![CDATA[Rahmatullah, Adin]]>;
<![CDATA[Muh. Iman, Muh. Iman]]>
<![CDATA[ Indonesian Journal of Law and Justice Vol. 1 No. 2 (2023): December ]]>
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DOI: 10.47134/ijlj.v1i2.2040
<![CDATA[Regulations governing consumer rights should be able to protect consumers from abuse by business actors. Information for consumers is very important, because if inadequate information is conveyed to consumers, it is also a product defect known as defective instructions or inadequate information in order to avoid losses due to errors in consuming existing products. This right can also be linked to the right to comfort, security and safety for consumers of goods or services, especially regarding expired packaged food products. Information which is one of the consumer's rights is related to several things, including the benefits of using the product, side effects of using the product, expiry date, the contents of the product, and the identity of the manufacturer of the product. This information can be conveyed verbally or in writing, either by including it on the label attached to the product packaging, or through advertisements delivered by the manufacturer, both through print and electronic media.]]>
<![CDATA[Urgensi Kepesertaan BPJS Kesehatan Sebagai Syarat Peralihan Hak Atas Tanah Berdasarkan Instruksi Presiden Nomor 1 Tahun 2022 Tentang Optimalisasi Pelaksanaan Program Jaminan Kesehatan Nasional ]]>
<![CDATA[Safitri, Nur Dwi]]>;
<![CDATA[Fauziyah, Fauziyah]]>
<![CDATA[ Indonesian Journal of Law and Justice Vol. 1 No. 2 (2023): December ]]>
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DOI: 10.47134/ijlj.v1i2.2041
<![CDATA[The Health Social Security Implementation Agency (BPJS) is a legal entity formed to administer the Health Insurance program and is directly responsible to the president who has the task of administering National Health Insurance for all Indonesian people. In Presidential Instruction Number 1 of 2022 concerning Optimizing the Implementation of the National Health Insurance Program there is a regulation that authorizes the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency to ensure that every applicant for the transfer of land rights due to buying and selling is an active participant in the Health Insurance Program National (JKN) which is the government's effort to monitor the health conditions of the Indonesian people evenly. The aim of this research is to find out whether the Presidential Instruction is in accordance with Law Number 24 of 2011 concerning Social Security Administering Bodies. The method used in this research is Normative Juridical which examines various formal legal rules such as Laws, using a statutory approach (Statute Approach) and a conceptual approach (Conceptual Approach). In essence, Presidential Instruction No.1 of 2022 is in accordance with Law No.24 of 2011 concerning BPJS and does not violate the main rules in the BPJS Law, however, because the position of the Presidential Instruction is a policy regulation and there are no strict sanctions in it, the Instruction The president may not be implemented because there are no sanctions.]]>
