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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 37 Documents
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Search results for , issue "Vol. 2 No. 4 (2025): June" : 37 Documents clear
Modesty-Directed Public Policies to Combat Corruption in Timor Leste: An Exploratory Approach to Challenges, Achievements, and Future Prospects Maia, Marito
Indonesian Journal of Law and Justice Vol. 2 No. 4 (2025): June
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i4.3983

Abstract

Tackling corruption in Timor-Leste has been part of the challenge over time for both the government and wider society in many of the emerging nations of the global south such as Timor-Leste. Timor’s essential challenge is the government and civil society's moral awareness that is slowly deteriorating and will eventually continue to have an endless stream of further negative impacts, such as on the governance and socio-economic progress in terms of weakening the productivity and integrity of modesty-directed and transparent public institutions, eroding civil society trust in government actions, and limiting access to vital services for the benefit of society. This paper explores and assess the effectiveness of public-directed policies in Timor Leste aimed at combating corruption, focusing on the main strategies implemented by the government, the role of independent institutions, and the involvement of civil society in promoting transparency and accountability. The research utilizes a social science exploratory research analyses method where expert interviews, official document reviews, and secondary data analysis are conducted. The results of this study suggest that a critical holistic approach and institutional oversight involving cross-sectoral institutions would be more beneficial to improve the effectiveness of anti-corruption efforts and ensure purposeful governance. Though, arguments-based literature are exposed on the significant steps taken by the Government in Timor, such as the establishment of the Anti-Corruption Commission with the enforcement of the new legal framework, and modulated policies have not been implemented than expected in recent decades.
Policies for Regulating Partnership Relationships in Land Transport Businesses in The Era of The Industrial Revolution 4.0 Agatha Jumiati; Esti Aryani; Erlin Suci Ikayani
Indonesian Journal of Law and Justice Vol. 2 No. 4 (2025): June
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i4.3993

Abstract

This study aims to examine how the policy of regulating partnership relationships in land transportation businesses in the Era of the Industrial Revolution 4.0. This research is motivated by the fact that currently in various parts of the world are facing the era of the industrial revolution 4.0. The presence of the industrial revolution 4.0 has been able to cause fundamental changes in various fields of human life, including in the field of labour law. There has been a shift in industrial relations from labour relations to partnership relations. This shift has the impact of causing problems related to the existence of workers such as welfare and legal protection of workers This research is a descriptive normative juridical research using secondary data and qualitative data analysis. The output of this research is in the form of mandatory output. Mandatory outputs are scientific publications planned to be published in Non-Scopus International Journals and presentation of research results at Refanas.The planned TKT is TKT 1 because in this study the goal to be achieved is to examine how the policy of regulating partnership relations in land transportation businesses in the Era of the Industrial Revolution 4.0. The results of this study indicate that the policy of regulating partnership relations in land transportation businesses in the Era of the Industrial Revolution 4.0 refers to Law Number 20 of 2008 concerning MSMEs. In practice in the field, the partnership relationship policy has not been implemented in a partnership agreement which must actually contain the principle of equality (Article 36 of Law Number 20 of 2008) and the principle of independence (Article 34 Paragraph (3) of Law Number 20 of 2008).
Criminal Responsibility of the Perpetrator of Obstruction of Justice in Corruption Crimes Aryani, Esti; Jumiati, Agatha; Pamungkas, Nova Satria
Indonesian Journal of Law and Justice Vol. 2 No. 4 (2025): June
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i4.4063

Abstract

This research aims to examine the criminal liability of obstruction of justice perpetrators in corruption offenses and analyze the existence of regulations on obstruction of justice in current and future legislation.This research is a normative legal study that uses a case study approach, involving the examination of specific cases from various legal aspects. The case approach is conducted by examining cases related to the issues faced that have become court decisions with permanent legal force. In the case currently under examination, the defendant Friedrich Yunadi, who is a lawyer, was proven legally and convincingly guilty of the crime of "intentionally and jointly obstructing the investigation against the suspect in a corruption case." The sentence imposed by the First Instance Court was 7 (seven) years and a fine of Rp.500,000,000 (five hundred million rupiah), with the provision that if the fine is not paid, it will be replaced with a prison sentence of 5 (five) months. At the appellate level, the High Court upheld the decision of the Central Jakarta District Court No.9/pid.Sus-TPK/2018/PN.Jkt.Pst dated March 5, 2018. Then, the level of the criminal case imposed on the defendant was revised to a prison sentence of 7 years and 6 months and a fine of Rp.500,000,000.00 (five hundred million rupiah). If the fine is not paid, it will be replaced with an 8 (eight) month prison sentence. The change in punishment is due to the defendant's actions as an Advocate that violated the law, which can damage and erode public trust in the law enforcement profession, especially Advocates.
Conformity of Legislation Formation Theory with Modern Legislation Practice: Implementing Public Aspirations Utami, Tanti Kirana; Rahayu, Anisa Fuji; Chatlina, Chiara Belva; Putri Mulya, Tasya Azmawanti
Indonesian Journal of Law and Justice Vol. 2 No. 4 (2025): June
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i4.4077

Abstract

This research aims to analyse the compatibility between the theory of legislation formation and the practice of legislation in the modern era, especially in relation to the implementation of public aspirations. In the context of a democratic legal state like Indonesia, public participation in the legislative process is not only a constitutional right, but an essential element to ensure the legitimacy and quality of legal products. This research uses a normative juridical approach combined with an empirical juridical approach. Data was obtained through a literature study of legislation and legal literature which was analysed qualitatively. The results show that public participation in the legislative process, as guaranteed in Article 96 of Law No. 12/2011, still faces various challenges, such as the lack of transparency and the dominance of political interests. Modern legislative practices such as the Omnibus Law show the potential for efficiency, but risk creating social justice imbalances if not accompanied by meaningful community involvement. The principles of social justice mandated by Pancasila and the 1945 Constitution must be the foundation in every stage of legislation to ensure inclusive and responsive laws. In conclusion, harmonisation between the theory and practice of law formation is needed so that the law is not only a tool of control, but also a means of empowerment and protection of community rights. Regulatory reform requires broad social dialogue, in-depth legal studies, and open public control mechanisms to strengthen substantive democracy.
Judicial Reform in Timor-Leste: A Sustainable Path Amidst Problem Roots and Progress Maia, Marito
Indonesian Journal of Law and Justice Vol. 2 No. 4 (2025): June
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i4.4091

Abstract

Judicial reform in Timor Leste has played an important role in post-conflict recovery and the consolidation of democracy in the country. In the eyes of the world, particularly western nations and other Asian countries, since independence in 2002, Timor Leste has begun the process of establishing an independent and functioning judiciary. However, this journey has been challenging due to historical trauma, inadequate resources and a lack of trained legal professionals. The objective of this research is to critically explore and discuss judicial reform in Timor Leste, focusing on the progress that has been made, the challenges faced, and the long-term steps needed and expected to advance future development. The research method utilized a qualitative and quantitative approach i.e., interviews from varied respondent sources based on socio-legal exploratory study and a critical look at patterns and trends in addressing possibly future post-conflict challenges. Based on the research results from primary and secondary data, this paper provides a comprehensive analysis of the transformation of the judicial system, with an emphasis on the spectrum and role of international support and local capacity building.  The spectrum and role of international support and local capacity building in its implementation is still in the process of developing a justice system that has not been implemented in a comprehensive and consistent manner. However, this support has involved various reform efforts in developmental sectors, including institutional capacity building, human resource development, access to justice, and the application of international best practices. The implementation of developing a justice system in the post-conflict challenges needs to be implemented and sustained and consistently applied through international collaboration for the sustainable benefit of a  strong democracy, accessibility to justice, and directional development in Timor
Pengawasan Internal terhadap Tindakan Koruptif Pejabat Pemerintahan Daerah oleh Aparatur Pengawasan Intern Pemerintahan (Studi Kasus Pemerasan Kepala Dinas Provinsi Bengkulu) Vianka, Tania; Wati, Linda; Adzkia, Nurul; Susanti, Pipi
Indonesian Journal of Law and Justice Vol. 2 No. 4 (2025): June
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i4.4108

Abstract

This study aims to evaluate the effectiveness of internal supervision conducted by the Government Internal Supervisory Apparatus (APIP), particularly the Regional Inspectorate, in preventing and addressing corruption within local governments. The research uses a normative juridical approach by analyzing laws and regulations, combined with case studies specifically, extortion practices within the Bengkulu Provincial Government. The findings reveal that internal supervision has not functioned optimally. Several factors contribute to this ineffectiveness, including the failure of the internal control system, limited independence of the Government Internal Supervisory Apparatus (APIP), and insufficient coordination with external oversight bodies. These issues suggest that the current internal supervision mechanism remains vulnerable to political intervention and is inadequate in detecting or preventing structural corruption. In practice, the Government Internal Supervisory Apparatus (APIP) often lacks the authority and resources necessary to carry out thorough and independent investigations, especially in politically sensitive cases. To address these shortcomings, the study recommends a series of reforms. These include strengthening the institutional position and independence of the Government Internal Supervisory Apparatus (APIP), revising and updating technical regulations related to the Government Internal Control System (SPIP), and enhancing coordination and information-sharing between internal and external supervisory institutions. A more empowered and independent the Government Internal Supervisory Apparatus (APIP) would be better equipped to uphold integrity, transparency, and accountability in local governance. In conclusion, comprehensive improvements in internal supervision are essential to support anti-corruption efforts and ensure good governance at the regional level. Strengthening internal control is not only a legal necessity but also a strategic step toward building public trust in government institutions.
Keabsahan Penarikan Sepihak Obyek Fidusia Oleh Debt Collector Tanpa Adanya Sertifikat Fidusia Sebagai Bentuk Pelaksanaan Parate Eksekusi Alifiya, Andini; Reykasari, Yunita
Indonesian Journal of Law and Justice Vol. 2 No. 4 (2025): June
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i4.4111

Abstract

Dalam sistem hukum di Indonesia, penarikan sepihak objek fidusia oleh debt collector tanpa sertifikat fidusia menjadi salah satu isu yang memicu perdebatan terkait keabsahan praktik tersebut. Sertifikat fidusia merupakan dokumen penting yang memberikan legitimasi bagi tindakan eksekusi terhadap objek jaminan fidusia. Penelitian ini bertujuan untuk mengkaji bagaimana keabsahan penarikan sepihak objek fidusia oleh debt collector tanpa adanya sertifikat fidusia sebagai bentuk pelaksanaan parate eksekusi. Metode yang digunakan adalah penelitian yuridis normatif dengan pendekatan perundang-undangan dan konseptual, Hasil penelitian menunjukkan bahwa penarikan objek fidusia oleh debt collector tanpa sertifikat adalah tindakan yang tidak sah secara hukum. Putusan Mahkamah Konstitusi menegaskan bahwa setiap tindakan eksekusi fidusia wajib memiliki sertifikat sebagai landasan hukum yang sah. Keberadaan sertifikat fidusia menjadi sangat krusial, karena memastikan adanya kepastian hukum dan menjaga hak kreditur dengan cara yang sah. Sebagai konsekuensinya, lembaga pembiayaan diharapkan memastikan bahwa setiap langkah penarikan harus disertai sertifikat fidusia untuk menjamin perlindungan terhadap hak konstitusional pihak fidusia. Hal ini mendesak kesadaran dan kepatuhan terhadap regulasi demi terciptanya praktik yang adil dan terstruktur secara hukum.
Legal Protection of Indigenous Peoples Under International Environmental Law Marah, Thomas Sheku
Indonesian Journal of Law and Justice Vol. 2 No. 4 (2025): June
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i4.4112

Abstract

Indigenous peoples have a unique relationship with their environment, but they are under immense threat from environmental destruction, dispossession of land, and climate change. Even with the UNDRIP and CBD, although there are frameworks comprehensively defining their rights, protective measures lack adequate enforcement and are superficial at best. This article intends to focus on how much international environmental law extends in protecting an indigenous person's environmental rights by conducting a normative legal analysis of basic international treaties, case law, and regional human rights adjudications. The results suggest a gap between extensive legal recognition of indigenous rights and the perpetual challenge of state-controlled borders, corporate dominance, and insufficient enforcement policies. There are major gaps regarding the violation of FPIC, legal and illegal land tenure thresholds, widespread poverty, and restricted civil participation in the Amazon, Southeast Asia, and East African regions. The article examines gaps such as minimal legal oversight and looser regulation on state and corporate actors that impede shielded privileges from public scrutiny. To achieve these objectives, the author suggests strengthening these identified gaps through the establishment of bottom-up accountability approaches, integration of indigenous law frameworks, and an approach that views governance and environmental issues as human rights matters. The study advocates for the incorporation of indigenous peoples as active participants at the national and international levels of environmental governance, with full legal recognition and protection of their rights.
The Crime of Theft in the Kutaramanawadharmasastra: Perspective of the Purpose of Punishment Utami, Tanti Kirana; Putri Rizdyani, Kayla; Adzani, Hilda Mahardika; Suntio, Myllania Willia; Qolbi, Ramdania Shophiatul
Indonesian Journal of Law and Justice Vol. 2 No. 4 (2025): June
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i4.4117

Abstract

This research discusses the regulation of the crime of theft in Kutaramanawadharmasastra-a traditional Hindu law book that has a great influence on the legal system of the Majapahit Kingdom-in the perspective of the purpose of punishment. The focus of the study is directed at normative and philosophical analyses of the forms of sanctions imposed, as well as their relevance to the modern punishment system in Indonesia. The main objective of this research is to explore the values of substantive justice and local wisdom contained in the Kutaramanawadharmasastra, as well as to consider its potential as a reference in national criminal law reform. The method used is normative juridical approach with the support of secondary data through literature study, as well as empirical juridical approach to examine the context of law application in the past. The results showed that the book contains principles of punishment that are not only repressive but also restorative, such as restitution and social recovery. Although there are caste-based discriminatory aspects in the sanction system, some elements such as the obligation to compensate, restoration of social relations, and protection of property rights remain relevant and can be selectively adopted in today's restorative justice framework. This research confirms the importance of reflecting traditional legal values to enrich Indonesia's pluralistic legal system, as well as part of the effort to build a more humanistic, contextualised and nationalised punishment system.
The Values of Pancasila Democracy in Direct Regional Head Elections Puspaningrum, Puspaningrum; Agatha Jumiati
Indonesian Journal of Law and Justice Vol. 2 No. 4 (2025): June
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i4.4118

Abstract

This research aims to examine how the values of Pancasila democracy are applied in direct regional elections. The background of this research is that direct regional elections have been held since 2005, whereas previously regional elections were chosen by the Regional People's Representative Council (DPRD) of the regency/city. This research is a normative legal study that examines the norms present in the regional election regulations, analyzed through the values of Pancasila. The data used is secondary data, which is obtained through library research sourced from primary legal materials as well as secondary legal materials, namely the Law. The latest regional head election law is Law No. 10 of 2016, and the most recent one is Law No. 6 of 2020 concerning the stipulation of Government Regulation in Lieu of Law No. 2 of 2020 on the Election of Governors, Regents, and Mayors. The concept of direct regional elections emerged as a result of Law No. 22 of 2007 concerning the Administration of General Elections. This law included regional elections within the electoral regime, officially naming them General Elections for Regional Heads, abbreviated as PEMILUKADA. After further examination, it was found that regional elections are not included in the electoral regime because the basis of regulation in the 1945 Constitution is different. General Elections are regulated in Article 22 letter E, while Regional Head Elections are regulated in Article 18 paragraph 4. Which states, "The Governor, Regent, and Mayor, each as the head of the provincial, regency, and city regions, are elected democratically." The Regional Election Law is always updated to find the formulation that best aligns with the original values of the Indonesian nation.

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