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Andri Putra Kesmawan
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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 358 Documents
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The Extent of Compatibility Between National Mechanisms and International Mechanisms to Combat Corruption Jabr, Naseer Jassim
Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i3.3780

Abstract

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.
Child Labor in International Agreements and Iraqi Law Jabir Al-Farhani, Mohammed Abdul Hussein
Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i3.3781

Abstract

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.
Controversial Policy Seeking Balance Between Savings and Basic Needs Putri, Dewa Ayu Made Dyana
Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i3.3829

Abstract

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.
Judicial Control Over Economic Decisions Al-Aliwi Al-Ziyadi, Ahmed Lafta Abd
Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i3.3832

Abstract

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.
The Inability of the Indonesian Government to Ensure Restitution Payments for Human Trafficking Victims Supanto; Januar Rahadian Mahendra
Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i3.3791

Abstract

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.
The Influence of Foreign Ownership on Corporate Social Responsibility (CSR) Companies Based on Law Number 25 of 2007 on Investment Probosambodo, Yokhebed Arumdika; Laksito, FX. Hastowo Broto
Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i3.3846

Abstract

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.
Construction of Judicial Interpretation In Indonesia's Criminal Justice System Regarding The Implementation of The New Penal Code Suryana, Iyus
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.v2i4.3853

Abstract

Judicial interpretation within Indonesia’s criminal justice system presents a complex challenge, particularly with the implementation of the new Criminal Code (KUHP) under Law Number 1 of 2023. The new Criminal Code incorporates legal pluralism, including customary law (living law), creating a tension between the principle of legality and substantive justice. In practice, judges struggle to balance legal certainty with interpretative flexibility to align legal decisions with societal values. This study aims to analyze judicial interpretation patterns in Indonesia’s criminal justice system following the enactment of the new Criminal Code and to identify factors contributing to judicial inconsistencies. Using a normative legal approach combined with legal hermeneutics, this research examines how judges apply legal provisions through an analysis of legislation, court rulings, and relevant legal theories. The findings indicate that most judges still adhere to legal positivism, prioritizing legal certainty, although sociological and teleological approaches are increasingly applied in certain cases, particularly those involving restorative justice. However, inconsistencies in judicial rulings remain a concern due to judicial subjectivity, political pressure, and public opinion. Strengthening legal hermeneutic methodologies in judicial education and developing more binding legal precedents are essential steps to improving judicial consistency and public trust in Indonesia’s criminal justice system.
Cancellation of Death Penalty For Narcotics Producer In Human Rights Perspective Setiodjati, Josef; Hamidi, Ayu
Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i3.3865

Abstract

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
The Role of Advocates In Law Enforcement and Providing Legal Aid, Especially In The Religious Courts Anggo Doyoharjo; Yokhebed Arumdika Probosambodo; FX. Hastowo Broto Laksito
Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i3.3866

Abstract

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.
Komparasi Penjatuhan Pidana Mati Bagi Pelaku Pembunuhan Menurut KUHP dan Kitab Kutaramanawadharmasastra Kerajaan Majapahit Tanti Kirana Utami; Arfa Fadillah Tanjung; Shela Agnesia; Maulana Hasanudin; Kyran Miquel; Taopik Hidayat
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.v2i4.3871

Abstract

Penelitian ini bertujuan untuk mengkaji secara komparatif penerapan pidana mati terhadap pelaku pembunuhan sebagaimana diatur dalam Kitab Kutaramanawadharmasastra Kerajaan Majapahit dan Kitab Undang-Undang Hukum Pidana Indonesia. Melalui pendekatan historis dan yuridis, penelitian ini menganalisis dasar filosofis, kriteria penjatuhan pidana, serta pertimbangan-pertimbangan yang mendasari penerapan pidana mati di kedua sistem hukum tersebut. Hasil penelitian diharapkan dapat memberikan kontribusi terhadap pemahaman yang lebih mendalam mengenai perubahan hukum pidana di indonesia, serta menjadi bahan pertimbangan dalam perbaikan terhadap sistem peradilan pidana yang berlaku saat ini. Untuk menjawab penelitian tersebut, penelitian hanya memfokuskan kepada aspek penjatuhan hukum pidananya saja melalui penelitian hukum normatif yang didukung oleh penelitian berdasarkan pengalaman dengan pendekatan sejarah (historical approach) dan pendekatan undang-undang (statute approach).

Page 22 of 36 | Total Record : 358

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