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Intellectual Law Review (ILRE)
Published by Yayasan Studi Cendekia Indonesia
ISSN : 29879116     EISSN : 29876338     DOI : https://doi.org/10.59108/ilre.v1i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Intellectual Law Review (ILRE) is an open access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research in multiple governance policies and civil rights law, particularly in developing and emerging countries. These may include but are not limited to various fields such as: civil law, criminal law, constitutional and administrative law, customary institution law, religious jurisprudence law, international regime law, legal pluralism governance, and another section related to contemporary issues in legal scholarship
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 2 No 2 (2024): October" : 5 Documents clear
Digital Transformation of Electronic-Based Government System (EBS) in Sukabumi District: Implementation of Central Government Policy to Realise Good Governance Supriadi, Encep; Ahmad Hunaeni Zulkarnaen; Paminto, Saptaning Ruju; Mulyadi, Dedi
Intellectual Law Review (ILRE) Vol 2 No 2 (2024): October
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59108/ilre.v2i2.70

Abstract

The digital transformation of government systems through the Electronic Based Government System (EBS) in Sukabumi District reflects the government's efforts to achieve transparent, accountable, and responsive governance to public needs. This research aims to analyse the implementation of the digitisation policy as well as the challenges faced, including the development of telecommunication infrastructure, human resource skills enhancement, and integration of public service systems. Through qualitative methods and literature study, it was found that the success of SPBE requires not only strong technological infrastructure but also collaboration between central and local governments, as well as training for government employees. The results showed that despite obstacles such as limited infrastructure in remote areas, the strategic measures implemented were able to encourage the creation of a more modern and inclusive government.
Criminal Liability for Corporations in Handling Environmental Damage in the Cisalada River: Case Study at PT QL Agrofood Ramdani, Wildan; Dwidja Priyatno; Rusman; Kristian
Intellectual Law Review (ILRE) Vol 2 No 2 (2024): October
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59108/ilre.v2i2.74

Abstract

Environmental destruction by corporations often presents significant legal challenges, especially in establishing criminal liability. This article examines the aspects of criminal liability that can be applied to PT QL Agrofood in the case of environmental pollution and destruction in the Cisalada River. Based on this case study, an in-depth analysis of relevant environmental regulations and law enforcement mechanisms is conducted, particularly in relation to Law Number 32 of 2009 concerning Environmental Protection and Management and other relevant regulations. The main focus of this research is to assess whether Indonesia's legal structure is effective enough in reaching and taking action against corporations responsible for environmental destruction. The results show the impact on corporations and communities close to PT Ql Agrofood, as well as efforts in environmental protection and management. Using normative and empirical approaches, this article recommends improvements to regulations that can strengthen the principle of criminal liability for corporations in cases of environmental pollution.
The Impact of the Open Proportional System Decision on Democracy and Political Stability in the 2024 General Election Moch Oghin Hegar Al Hamar; Ahmad Hunaeni Zulkarnaen; Dedi Mulyadi; Saptaning Ruju Paminto
Intellectual Law Review (ILRE) Vol 2 No 2 (2024): October
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59108/ilre.v2i2.76

Abstract

The open proportional electoral system implemented in Indonesia since the 2009 general election aims to improve political representation and strengthen democracy by giving voters more freedom to directly select legislative candidates. However, despite its good intentions, the system presents various challenges in practice, including high political costs, rampant money politics, and weak party control over legislative candidates. The main issue in this research is how the effectiveness of the open proportional system in achieving the goal of fair and stable political representation in Indonesia. This research uses a normative juridical approach to analyse the Constitutional Court's decisions related to the electoral system, as well as comparing with other electoral systems. The author argues that although an open proportional system can increase voter freedom, its negative impacts are greater, especially in terms of high political costs and money politics practices that undermine the integrity of elections. In addition, this system causes divisions within political parties, as legislative candidates focus more on personal votes rather than the collective interests of the party. The findings of this study suggest that although an open proportional system is more democratic in theory, its implementation in Indonesia tends to exacerbate political inequality and reduce political stability. Therefore, a mixed proportional system is suggested as a more effective solution to improve political representation and reduce the negative impacts.
Criminal Verdicts Under the Special Minimum in Regional Head Elections: A Perspective of Justice Priyadi, M. Herris; Saripudin, Iip
Intellectual Law Review (ILRE) Vol 2 No 2 (2024): October
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59108/ilre.v2i2.78

Abstract

The purpose of this research is to examine criminal judgements made below the specific minimum threshold in regional head election cases that pose a dilemma between justice and legal certainty. This research uses secondary data collected from literature study; normative juridical method and descriptive analysis are used. The results show that the objectives of punishment are affected by verdicts below the specific minimum, especially in terms of public order and the integrity of the democratic process. Although this may override the principle of legal certainty, judges usually prioritise a sense of justice by considering the defendant's mitigating factors. In summary, a clearer revision of the regulations should be included with the penal policy and its implementation. This will help judges balance substantive justice and legal certainty.
Law Enforcement Against Foreign Nationals with Expired Travel Documents and Residence Permits Suprihantoro, Ikhwan; Dwidja Priyatno; Trini Handayani; Aji Mulyana
Intellectual Law Review (ILRE) Vol 2 No 2 (2024): October
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59108/ilre.v2i2.80

Abstract

Increased global mobility poses complex challenges for Indonesia, particularly in the management of foreign nationals (WNA) whose travel documents have expired. This research analyses the law enforcement process against foreigners whose travel documents and residence permits have expired, with a focus on the case study of the Cianjur District Court Decision Number 303/Pid.Sus/2023/PN Cjr. The research method used is normative juridical, which examines laws and regulations related to immigration and the implementation of immigration criminal investigations. The results showed that the Immigration Office Class III Non TPI Cianjur performs the function of supervision and enforcement of immigration law properly, as stipulated in Law Number 6 Year 2011 on Immigration. The case of a Nigerian foreigner, Oluchukwu Basil Ezebuo, who used an expired travel document and residence permit, became a concrete illustration of how the investigation and prosecution procedures were carried out. Enforcement involves administrative checks, seizures, and prosecution up to court hearings. The judge's verdict imposing a one-year imprisonment and a fine of five million rupiah on the defendant was considered to have fulfilled the principles of justice and legal certainty. This research concludes that strict law enforcement is needed to maintain state sovereignty and prevent the misuse of immigration documents by foreigners.

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