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[Peran Pemerintah Kabupaten Jember dalam Rangka Pemenuhan Kebutuhan Air pada Masyarakat (Ditinjau dari Pasal 15 dan Pasal 16 Undang-Undang Nomor 17 Tahun 2019 Tentang SDA) ]]>
<![CDATA[Nabillah, Tahsya]]>;
<![CDATA[Pawestri, Aris]]>
<![CDATA[ Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March ]]>
Publisher : <![CDATA[Indonesian Journal Publisher ]]>
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DOI: 10.47134/ijlj.v2i3.3769
<![CDATA[Pasal 15 dan Pasal 16 Undang-Undang Nomor 17 Tahun 2019 Tentang Sumber Daya Air yang membahas tugas dan kewenangan Pemerintah Kabupaten/Kota dalam menyediakan layanan air di Daerahnya, menjadi perintah dari Pemerintah pusat kepada Pemerintah Daerah untuk melaksanakan amanat tersebut. Tetapi dalam Peraturan Daerah Kabupaten Jember Nomor 6 Tahun 2020 tentang Perusahaan Umum Daerah Air Minum Tirta Pandalungan tidak mencanangkan perintah Undang-Undang Nomor 17 Tahun 2019, Peraturan Daerah tersebut secara luas membahas mengenai struktur organisasi Perusahaan Umum Daerah Air Minum Tirta Pandalungan serta tata kerja dari struktur organisasi Perumdam. Berkaca terhadap Pasal 4 dan 5 Peraturan Daerah Kabupaten Jember tidak menjelaskan secara sempurna perintah dalam UU SDA. Mengakibatkan masyarakat tidak memiliki payung hukum yang jelas untuk menuntut hak mereka atas layanan air bersih yang belum optimal. Tujuan penelitian ini yakni untuk menganalisis Pemerintah Kabupaten Jember dalam menjalankan Penyediaan Air ditinjau berdasarkan Undang-Undang Nomor 17 Tahun 2019 tentang Sumber Daya Air. Kajian ini menggunakan pendekatan perundang-undangan dan pendekatan konseptual dengan jenis penelitian yuridis normative. Hasil penelitian menunjukkan bahwa Pemerintah Kabupaten Jember belum melaksanakan penyediaan air secara optimal kepada masyarakat Jember. Dibuktikan dengan adanya Peraturan Daerah Kabupaten Jember Nomor 6 Tahun 2020 Tentang Perusahaan Umum Daerah Air Minum Tirta Pandalungan yang belum terakomodir secara sempurna pengaturannya sesuai dengan amanat Pasal 15 dan Pasal 16 Undang-Undang Nomor 17 Tahun 2019 Tentang Sumber Daya Air.]]>
<![CDATA[The Extent of Compatibility Between National Mechanisms and International Mechanisms to Combat Corruption ]]>
<![CDATA[Jabr, Naseer Jassim]]>
<![CDATA[ Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March ]]>
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DOI: 10.47134/ijlj.v2i3.3780
<![CDATA[This study aims to analyze the extent to which national mechanisms for combating corruption align with international mechanisms, particularly in the context of Iraq. The research focuses on the harmonization between national laws and oversight institutions with international conventions ratified by Iraq, such as the United Nations Convention Against Corruption (UNCAC) 2003. The research methodology employs an analytical approach by examining international treaty texts and national laws, as well as a comparative approach to assess the alignment between international agreements and domestic legislation. The findings indicate that although Iraq has made efforts toward harmonization through the ratification of international conventions and the enactment of anti-corruption laws, challenges remain in their implementation. These challenges include weak governmental institutions, political party interference, and a lack of public trust. This study recommends strengthening oversight institutions, enhancing transparency, and increasing public participation in the fight against corruption.]]>
<![CDATA[Child Labor in International Agreements and Iraqi Law ]]>
<![CDATA[Jabir Al-Farhani, Mohammed Abdul Hussein]]>
<![CDATA[ Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March ]]>
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DOI: 10.47134/ijlj.v2i3.3781
<![CDATA[This study examines the issue of child labor in Iraq within the framework of international agreements and national laws. The research aims to identify the causes behind the prevalence of child labor, analyze human rights perspectives on the issue, and evaluate the stance of Iraqi legislation in addressing the problem. The study employs a descriptive and analytical methodology by reviewing international conventions related to children's rights and Iraqi labor laws, particularly the Iraqi Labor Law and the Constitution. The findings indicate that despite the presence of legal frameworks prohibiting child labor, enforcement remains weak due to economic and political instability. The study highlights that poverty, armed conflicts, and inadequate law implementation are key factors driving child labor in Iraq. While Iraq has ratified international agreements and enacted laws to regulate child employment, many provisions remain ineffective in practice. Strengthening law enforcement, enhancing social protection, and improving access to education are crucial to addressing this issue.]]>
<![CDATA[Controversial Policy Seeking Balance Between Savings and Basic Needs ]]>
<![CDATA[Putri, Dewa Ayu Made Dyana]]>
<![CDATA[ Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March ]]>
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DOI: 10.47134/ijlj.v2i3.3829
<![CDATA[This study explores the impact of the controversial budget efficiency policy implemented by the Indonesian government in 2025, focusing on the education and health sectors. Through in-depth analysis, this study reveals how policies aimed at reducing waste have the potential to hinder the realization of the goal of developing superior and healthy human resources. Budget cuts in the education sector raise concerns about disrupted access to education for the underprivileged, declining quality of education, and threatening the welfare of educators. Meanwhile, budget cuts in the health sector have the potential to reduce people's access to adequate health services, especially in remote areas. This study also highlights the plan for the Minerba Bill which grants permission to universities to manage mines. This policy, which is claimed as an alternative funding solution for universities, raises questions about academic independence and the potential shift in the function of education in Indonesia.]]>
<![CDATA[Judicial Control Over Economic Decisions ]]>
<![CDATA[Al-Aliwi Al-Ziyadi, Ahmed Lafta Abd]]>
<![CDATA[ Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March ]]>
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DOI: 10.47134/ijlj.v2i3.3832
<![CDATA[Judicial oversight of economic decisions is one of the most important guarantees for improving the performance of economic decisions and is one of the most important principles and foundations that the state undertakes. The main purpose of this oversight is to advance the economic level, and the work is to shed light on the importance of economic decisions and to show that this topic has great importance and impact on the lives of citizens. Interest in the topic of economic decisions is interest in the lives of all people at the level of the Iraqi people. This research project is closely related to the present time, as it is based on finding solutions to some of the problems that people face in the economic situation. In this research, we relied on the inductive approach to legal and comparative texts. The study dealt with the general concepts of judicial oversight, and the study revealed the historical path of judicial oversight in Iraqi and Iranian law, and addressed the types, objectives and interests considered in economic decisions.]]>
<![CDATA[The Inability of the Indonesian Government to Ensure Restitution Payments for Human Trafficking Victims ]]>
<![CDATA[Supanto]]>;
<![CDATA[Januar Rahadian Mahendra]]>
<![CDATA[ Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March ]]>
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DOI: 10.47134/ijlj.v2i3.3791
<![CDATA[Victims of human trafficking experience an abstract position because, in criminal law, the disadvantaged party is the community. The Restitution that victims of human trafficking should receive is also not received by them. This article analyzes the factors causing the unpaid restitution rights for victims of human trafficking using normative and descriptive-analytical research methods to answer this problem. Four main factors cause unpaid restitution for victims of human trafficking, including the incompetence of law enforcement in handling cases involving restitution, the amount of restitution exceeding the perpetrator's financial ability, the lack of case development by the police so that only field actors are arrested while intellectual actors are not, and the difficulty of collecting evidence. The government's failure to guarantee the payment of restitution impacts the victims and the community because there are no legal consequences for perpetrators who do not pay restitution. The current legal framework exacerbates this because of the limited definition of human trafficking and the inclusion of restitution as an additional punishment. This has implications for perpetrators who prefer to serve imprisonment rather than pay Restitution, which can reach tens of millions of rupiah.]]>
<![CDATA[The Influence of Foreign Ownership on Corporate Social Responsibility (CSR) Companies Based on Law Number 25 of 2007 on Investment ]]>
<![CDATA[Probosambodo, Yokhebed Arumdika]]>;
<![CDATA[Laksito, FX. Hastowo Broto]]>
<![CDATA[ Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March ]]>
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DOI: 10.47134/ijlj.v2i3.3846
<![CDATA[This research was conducted with the aim of exploring the influence of foreign ownership on Corporate Social Responsibility (CSR) practices, to what extent the impact is positive or negative. This research uses descriptive analysis methods with a quantitative approach. The research results show that foreign ownership plays an important role in encouraging companies to adopt stricter CSR practices that align with international standards. This research reveals that foreign ownership plays a crucial role in encouraging companies to adopt stricter CSR practices that align with international standards. Companies with foreign ownership are more likely to allocate greater resources to CSR initiatives and collaborate with external stakeholders. The laws of the Republic of Indonesia, particularly the Investment Law, provide an important legal basis to encourage Corporate Social Responsibility (CSR), but its effectiveness depends on various factors, including law enforcement, oversight, and the awareness of all parties. It is important for companies with foreign ownership.]]>
<![CDATA[Cancellation of Death Penalty For Narcotics Producer In Human Rights Perspective ]]>
<![CDATA[Setiodjati, Josef]]>;
<![CDATA[Hamidi, Ayu]]>
<![CDATA[ Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March ]]>
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DOI: 10.47134/ijlj.v2i3.3865
<![CDATA[Death penalty is often associated with human rights violations, especially since the Amendment of the 1945 Constitution or the Indonesian Constitution Article 28 A which states that “Every person has the right to live and the right to defend his/her life and livelihood”. However, death penalty is needed to fulfill the people's sense of justice as a demand for security and tranquility. Death penalty can be a shock therapy for criminal offenders to create a deterrent effect as well as to create fear for the community so that people do not commit acts that are punishable by death penalty, especially narcotics crimes. The Supreme Court (MA) as an Indonesian judicial institution has annulled the death penalty for narcotics factory owner Hanky Gunawan. In the Judicial Review (PK) decision, Hanky was only sentenced to 15 years in prison on the grounds that the death penalty violated the constitution. This certainly raises the pros and cons related to the direction of Indonesia's law enforcement system in the future]]>
<![CDATA[The Role of Advocates In Law Enforcement and Providing Legal Aid, Especially In The Religious Courts ]]>
<![CDATA[Anggo Doyoharjo]]>;
<![CDATA[Yokhebed Arumdika Probosambodo]]>;
<![CDATA[FX. Hastowo Broto Laksito]]>
<![CDATA[ Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March ]]>
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DOI: 10.47134/ijlj.v2i3.3866
<![CDATA[This research was conducted with the aim and purpose of examining and seeing the extent of the role of advocates as law enforcers who have a role in providing services and legal assistance to judicial institutions, especially in the Religious Courts. This research uses normative legal type methods, namely research that obtains legal materials by collecting and analysing legal materials related to the problem to be discussed through a statutory approach, namely Law Number 13 of 2003 concerning Advocates. Advocates as law enforcers are recognised through Law Number 13 of 2003 concerning Advocates as a follow-up regulation to the constitution which confirms that Indonesia as a State of Law is obliged to uphold the rule of law. The results showed that the role of advocates as a law enforcement profession in the Religious Courts can provide positive value in providing legal aid considering that the Judiciary, especially the Religious Courts, has absolute competence and relative competence in cases that certainly require the role and assistance of advocates to assist litigants in fighting for their rights in court. In addition, advocates have a very important role in handling certain types of cases, including: marriage, inheritance, wills, grants, waqf, zakat, infaq, sadaqah, and sharia economics.]]>
<![CDATA[Analysis of the Application of Zaakwarneming for Doctors Who Perform Medical Actions Without Permission ]]>
<![CDATA[Anita Kamilah]]>;
<![CDATA[Kayla Andini Putri]]>;
<![CDATA[Salsa Octaviani Suryanto]]>;
<![CDATA[Ajeng Permana]]>
<![CDATA[ Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March ]]>
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DOI: 10.47134/ijlj.v2i3.3884
<![CDATA[This research analyses the application of the concept of zaakwarneming in the medical world, specifically related to medical actions taken by doctors without the consent of patients or their families in emergency conditions. In Indonesian civil law, zaakwarneming allows a person to take care of the interests of others without power of attorney with the aim of protecting their interests. In the medical context, the application of this concept can justify the doctor's actions in situations where consent cannot be obtained in a timely manner. However, this action still poses legal and ethical dilemmas, especially in relation to the patient's right to autonomy as well as the doctor's professional responsibility. This research uses a mixed method, namely a quantitative approach through a community survey and a qualitative approach through a literature study. The survey results show that most people understand the importance of informed consent, but there are differences of opinion on whether doctors can act without consent in an emergency. Most respondents also support transparency and better communication between doctors and patients to avoid legal disputes. Legally, unauthorised medical action can have consequences in civil, criminal and administrative aspects. Therefore, clearer regulations are needed regarding the limits and responsibilities of doctors in the application of zaakwarneming. A more detailed Standard Operating Procedure (SOP) and public education on patient rights in medical services are expected to reduce the potential for legal disputes and increase legal certainty for medical personnel.]]>
