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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 25 Documents
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Harmonisation of Legal Rules on Chemical Castration as a Lex Specialist Based on The Principle of Legality in The Perspective of Criminal Law Kori Hermawanti
Intellectual Law Review (ILRE) Vol 2 No 1 (2024): April
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59108/ilre.v2i1.56

Abstract

Conflicts between several legal regulations and the existence of a legal vacuum make it problematic that chemical castration can be implemented, especially in Article 66 paragraph (1) of Law no. 1 of 2023 does not yet accommodate the implementation of chemical castration as an additional crime, so there is a need for changes and harmonisation of related legal regulations. The method used in this research is a qualitative method. The application of police medicine as an alternative to the execution of chemical castration has not yet received definite legality regarding the procedures and other rules for carrying out chemical castration in the police environment. In the implementation of chemical castration in Indonesia there are still several things that need to be clarified, especially for those carrying out the duties or executors. The existence of overlapping policies requires that efforts be made to harmonise both the health law perspective, medical practice, medical ethical code, human rights perspective, and also based on the Indonesian Criminal Code, and derivative legal regulations that must be harmonised.
Constitutional Court Decision No. 90/PUU-XXI/2023 In the Dynamic Quo Vadis of Indonesian Law Rechtsstate of Machtsstate Dedi Mulyadi; Leny Megawati
Intellectual Law Review (ILRE) Vol 2 No 1 (2024): April
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59108/ilre.v2i1.58

Abstract

The birth of the decision of the Constitutional Court (MK) in adjudicating case Number: 90/PUU-XXI/2023 resulted in suspicion from many parties towards the President as the decider of the Constitutional Court's decision considering that the Chief Justice of the Constitutional Court is the President's brother-in-law or there were indications and/or suspicions that the Constitutional Court was intervened by the Presidential institution, and culminated in the formation of the Constitutional Court Honorary Council (MKMK). The Constitutional Court Judge's decision can be categorised as a decision that has the character of a Rechtsstate (rule of law) or actually confirms the Constitutional Court's decision that has the characteristics of a Machtstate (state of power) and the impact (Social, Political and Institutional Credibility) of the Constitutional Court's Decision on the Independence and Professionalism of the Constitutional Court Judges institutionally. This research uses normative juridical methods using secondary data in the form of literature studies. The aim of this research is to analyse the decisions of Judges and drug consumers as well as the Impact (Social, Political and Institutional Credibility) of Constitutional Court Decisions on the institutional Independence and Professionalism of Constitutional Court Judges. The research results show that the Constitutional Court Decision NO. 90/PUU-XXI/2023 is not in line with the third principle of the rule of law/Rechtsstaat, but the Constitutional Court's decision can be seen as a decision that has the dimension of state power (Machtstate).
Legal Analysis of Abortion in Cases of Anencephaly: A Study of Moral, Criminal Law, and Health Perspectives Maulidya Rezqinna; Wawang S Sukarya
Intellectual Law Review (ILRE) Vol 2 No 1 (2024): April
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59108/ilre.v2i1.59

Abstract

Abortion is a controversial issue in society, related to moral and legal values. In Indonesia, abortion regulations are found in Law No. 1/1946 of the Criminal Code (KUHP) and Law No. 17/2023 of the Criminal Code, as well as the Health Law. Public perspectives are divided between those opposed to and in favour of abortion, particularly in the context of anencephaly. Maternal health is a focus, with the World Health Organization (WHO) emphasising the need for safe access to abortion. This study analyses the legal framework related to abortion in Indonesia, focusing on anencephaly, and identifies public views. A normative juridical method was used to review the relevant regulations. The results show a mix of criminal and health law regulations, reflecting concern for women's rights and ethical values. However, implementation still faces barriers, including availability of health facilities and consistent law enforcement. An in-depth understanding of people's moral perspectives is needed to design inclusive and sustainable policies on abortion, particularly in cases of anencephaly.
Defamation in the Digital Age: An Analysis of the Application of Restorative Justice under Indonesian Criminal Law Emaliawati Emaliawati
Intellectual Law Review (ILRE) Vol 2 No 1 (2024): April
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59108/ilre.v2i1.62

Abstract

The development of human civilisation is greatly influenced by advances in the field of communication and information, particularly through digitalisation. The negative impact of the freedom to access information and communication technology is also evident in the increasing number of cases of law violations through electronic media, including defamation. This research aims to examine how Indonesian criminal law handles defamation cases in the digital era, as well as the potential application of restorative justice in this context. The research questions include: how Indonesian criminal law handles defamation cases in the digital era; whether restorative justice can be applied in defamation cases, and how it is applied according to Indonesian criminal law; and how criminal liability for perpetrators of defamation in the digital era. The research method used is normative analysis through document studies and primary, secondary, and tertiary legal literature. The results of the research highlight the importance of understanding the criminal liability of defamation offenders under Indonesian criminal law. This research also explores the concept and application of restorative justice in defamation cases in the digital era, as well as its implications for the Indonesian criminal law framework.
Selective Policy Regarding the Granting of Foreign Stay Permits Based on Indonesian State Sovereignty Cecep Wiharma; Muhamad Budi Mulyadi; Baharuddin Jusuf Wirahma
Intellectual Law Review (ILRE) Vol 2 No 1 (2024): April
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59108/ilre.v2i1.65

Abstract

Many cases of misuse of residence permits are handled by immigration authorities by taking firm action in the form of administrative or criminal acts against foreign nationals. The purpose of this study is to explore the relationship between selective policies and legal frameworks, examining how selective policies are aligned with existing laws and regulations. The data obtained is analysed qualitatively with a normative juridical approach, by utilizing secondary data obtained through document studies, which includes the systematic organization of written legal materials. The results of the study show that the form of selective policy has an impact on granting residence permits to foreign nationals based on the sovereignty of the State of Indonesia. The most significant difference is that visa applications for foreigners from countries calling for visas require certain stages, namely recommendations from the assessment coordination team of the country calling for visas to consider the feasibility of the visa application submitted. The purpose and intention of entering Indonesian territory will also be assessed, along with the suitability of the visa application. The study also investigated.
Digital Transformation of Electronic-Based Government System (EBS) in Sukabumi District: Implementation of Central Government Policy to Realise Good Governance Encep Supriadi; Ahmad Hunaeni Zulkarnaen; Saptaning Ruju Paminto; Dedi Mulyadi
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 Wildan Ramdani; 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 M. Herris Priyadi; Iip Saripudin
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 Ikhwan Suprihantoro; 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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