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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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The Application of Restorative Justice as an Effort to Resolve the Crime of Theft in Sukabumi Resort Area Kusumah, Gilang Rochmat; Dwidja Priyatno; Rusman; Trini Handayani
Intellectual Law Review (ILRE) Vol 3 No 1 (2025): April
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59108/ilre.v3i1.72

Abstract

This research discusses the application of restorative justice in handling theft cases in the Sukabumi Police District. Restorative justice emphasises the restoration of relationships between perpetrators, victims, and society, in contrast to traditional criminal law approaches that focus more on sanctions. Using a normative juridical method, this research evaluates various obstacles in the implementation of restorative justice, such as a lack of understanding from law enforcement officials and resistance to system change. In addition, there are difficulties in achieving peace between offenders and victims, as well as the absence of legal regulations at the statutory level that fully support this concept. The research findings revealed that the implementation of restorative justice in Sukabumi jurisdiction is still structurally and procedurally constrained. Therefore, further efforts are needed to increase the understanding and awareness of the authorities and the community of the benefits of this approach to achieve fairer and humanity-focused settlements. This research is expected to contribute to the development of fairer and more effective legal policies in Indonesia.
Copyright Illustration Image by Artificial Intelligence Marsya Respati, Avifah Annisa; Wardana Mamonto, Andry Wikra; Aswari, Aan
Intellectual Law Review (ILRE) Vol 3 No 1 (2025): April
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59108/ilre.v3i1.106

Abstract

This research aims to find out and analyze the legal protection of creators whose data is used as a reference by Artificial Intelligence (AI) in making illustrative images and how copyright arrangements for illustrative images produced using AI. This research uses normative juridical research methods by conducting literature study research in the form of Law Number 28 of 2014 concerning Copyright and literature related to the issues raised in this study. The results of this study indicate that the legal protection of creations used as AI references is automatically protected, but it is better if the creator licenses his work that is published in general. Also, illustrative images produced using AI cannot be categorized as Creation protected by the Copyright Law because AI is a computer system/program that cannot be equated with the Creator. It is recommended that the government immediately make changes to the Copyright Law as a consideration of the current development of AI in Indonesia in order to anticipate the imbalance between the Creator / Copyright Holder and the development of AI that uses Creation as a reference in producing new works, the need for innovation or new rules that focus on legal views related to AI that are developing in Indonesia in order to minimize the occurrence of a legal vacuum that can cause chaos in Indonesia.
The Urgency of Legal Protection for Children Involved in Drug Trafficking in Indonesia Mursyid, Mursyid; Rishad Ilmi, Muhammad; Azham Ilham, Muhammad
Intellectual Law Review (ILRE) Vol 3 No 1 (2025): April
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59108/ilre.v3i1.107

Abstract

This research aims to find out and analyze legal protection for children as child drug courierand to find out and analyze the factors that influence legal protection for children as child drug couriers. This research uses empirical research methods. The results of this research show that legal protection for children as child drug courieris very important, this aims to overcome the problem of criminal act and protect their future, including ensuring that they continue to have access to adequate education, and is focused on rehabilitation and social reintegration, not only punishment and the factors that influence legal protection for children as child drug courierare age, environment, education and socio-economic conditions. In addition, children who grow up in an unstable environment and are exposed to violence or criminal activities have a higher risk of falling into drug syndicates. The recommendation of this research is that it is hoped that the government will ensure that children involved as child drug courier have access to drug syndicates. proper education and comprehensive rehabilitation programs to help them get out of the cycle of criminal act and build a better future and it is hoped that security forces will process cases of child child drug courier quickly and responsibly, as well as apply an age-sensitive approach and children's special needs to ensure their rights are protected during the legal process.
The Indonesian Government's Dilemma between National Law and International Law in the Nickel Dispute Khairus Febryan Fitrahady
Intellectual Law Review (ILRE) Vol 3 No 1 (2025): April
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59108/ilre.v3i1.108

Abstract

Indonesia possesses the world’s largest nickel reserves, estimated at around 21 million tonnes or approximately 30% of total global reserves, positioning nickel as both a strategic national asset and a crucial instrument in international economic relations. Recognising its importance, the Indonesian government introduced a down streaming policy by prohibiting raw nickel ore exports beginning in 2019. This measure is designed to increase domestic value-added production, enhance economic sovereignty, and fulfil the constitutional mandate of Article 33 of the 1945 Constitution. Employing a normative juridical method with legislative, conceptual, and case approaches, this study examines the conflict between Indonesia’s domestic legal framework and international trade law in the context of the nickel dispute at the World Trade Organization (WTO). The analysis reveals that while the down streaming policy has yielded significant benefits, such as higher exports of processed products and increased state revenues, Indonesia also faces challenges following the European Union’s successful claim at the WTO. The export ban was deemed to contravene Article 11 of GATT 1994. This dispute underscores the dilemma between sovereign rights over natural resource management and compliance with international trade obligations. The study concludes that reconciling sovereignty with international commitments requires harmonisation through legal, economic, and diplomatic strategies
Criminal Liability of Passive Money Laundering Perpetrators: Analysis of Decision Number 626/PIDSUS/2020/PN JKT.SEL Saeful Bahari, Bayu; Priyatno, Dwidja; Handayani, Trini; Rusman
Intellectual Law Review (ILRE) Vol 3 No 1 (2025): April
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Criminal liability for perpetrators of passive money laundering, with a focus on the analysis of Decision Number 626/PIDSUS/2020/PN JKT.SEL. Passive money laundering refers to actions that are not directly related to the main crime but still play an important role in disguising the origin of the proceeds of crime. This study uses a normative legal method, with analysis of legislation, court decisions, and related legal literature. Law No. 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes is the main legal basis for regulating money laundering, both active and passive. Article 5 paragraph (1) of this law stipulates that perpetrators of passive money laundering can be subject to criminal sanctions if they are proven to have received, controlled, or used assets that are known or reasonably suspected to be derived from criminal acts. In addition, the system of evidence in money laundering cases applies the principle of reverse burden of proof, whereby the defendant must prove that their assets are not the proceeds of crime. In the case analysed, the Panel of Judges ruled that the defendant was legally and convincingly proven to have committed the passive money laundering crime by trading accounts and using those accounts for illegal transactions, including online gambling. This ruling emphasises the importance of strict law enforcement in dealing with passive money laundering crimes to support effective prevention and law enforcement efforts in Indonesia.

Page 3 of 3 | Total Record : 25

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