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Muhammad Nasir
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Jl Puspitek Raya Komplek Puri Serpong 1 Blok E1 No.18, Kel. Setu Kec. Setu Kota Tangerang Selatan Prov. Banten, Indonesia Kode Pos 15314.
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INDONESIA
IJLRSA
Published by Perkumpulan Dosen Peneliti Indonesia
ISSN : -     EISSN : 3025843X     DOI : https://doi.org/10.58818/ijlrsa
Core Subject : Humanities, Social,
Humanities Social Sciences
The International Journal of Law Review and State Administration is an academic journal for the study of law and research related to law and state administration. A legal study which contains several researches and reviews of selected disciplines in several fields of study of law, namely Legal Sociology, Legal History, Comparative Law, Constitutional Law and so on. In addition, the Journal of Law science which covers the study of the law more broadly. This journal is published regularly and the manuscripts are approved by the editorial team and ready to be published and published regularly on the Journals website. The scope of discussion of the journal includes Civil Law, Criminal Law, Civil Procedural Law, Criminal Procedural Law, Commercial Law, State Administrative Law, Constitutional Law, International Law, Agrarian Law, and Environmental Law, as well as other discussions related to legal science.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 61 Documents
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Juridical Analysis of Lease Object Conversion in Lease Agreements for Shop-Houses in Tangerang Regency Tjandraningsih, Dewi
The International Journal of Law Review and State Administration Vol. 2 No. 6 (2024): November-December : The International Journal of Law Review and State Administr
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v2i6.178

Abstract

This study aims to analyze the implementation of lease object conversion in lease agreements for shop-houses in Tangerang Regency and the legal consequences arising from such conversion. The research uses an empirical juridical approach, employing primary and secondary data collected through interviews and literature reviews. The findings indicate the following: (1) Tenants intending to repurpose or convert the use of leased shop-house objects must inform the lessor (property owner) of their intention and obtain written consent. It is recommended that both parties draft an addendum to amend the existing lease agreement to reflect the new purpose. (2) If tenants fail to inform the lessor and obtain consent for the conversion, the lease agreement may be subject to termination.
Illegal Acts in Business Versus Criminal Acts : A Comparative Study Fernando, Youngky
The International Journal of Law Review and State Administration Vol. 3 No. 1 (2025): January-February : The International Journal of Law Review and State Administra
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v3i1.193

Abstract

This study aims to explain the differences between illegal acts (PMH) in civil law and criminal law, along with the elements that distinguish the two. It discusses examples of illegal acts in the context of business and criminal law, as well as the legal implications of these actions. The research method used is normative juridical research, which focuses on the analysis and interpretation of applicable laws. Data collection techniques include documentary studies, analyzing and interpreting primary, secondary, and tertiary legal materials, as well as literature review, examining books, articles, and journals related to the research topic. Data analysis involves analyzing and interpreting the relevant laws regarding illegal acts in both business and criminal law and comparing these illegal acts within the context of Indonesian law. The findings indicate that illegal acts in business and criminal law have several fundamental differences. In civil law, illegal acts are defined under Article 1365 of the Civil Code, where the harmed party has the right to claim compensation. The primary difference between illegal acts in civil law and criminal law lies in the nature and objectives of the acts. In civil law, illegal acts focus more on compensation and restitution for the harmed party, while in criminal law, the focus is on punishment and preventing unlawful actions. Examples of illegal acts in business may involve violations of intellectual property rights or other regulatory breaches, whereas in criminal law, illegal acts include crimes such as theft, fraud, or other violations of criminal law
The Effectiveness of Law Enforcement in Accountability for Blasphemy Crimes: (Study Decision Number: 365/Pid.Sus/2023/PN Idm) Nazhif Haykal Andeni; Lesmana, Sri Jaya; Ratna Indayatun
The International Journal of Law Review and State Administration Vol. 3 No. 1 (2025): January-February : The International Journal of Law Review and State Administra
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v3i1.197

Abstract

Religious blasphemy is an act of insulting or demeaning religious beliefs. In such cases, law enforcement must apply the law and take action against violations through both litigation and non-litigation. However, in Decision 365/Pid.Sus/2023/PN IDM, the legal measures were deemed insufficient to create a deterrent effect, as they only imposed criminal responsibility on the perpetrator. To address this, an ultra petita decision is necessary, where the judge imposes a stronger sentence to prevent future offenses. Judge Panji Gumilang, in handling a similar case, can refer to the jurisprudence from the Ahok blasphemy case as a legal basis, ensuring that the verdict carries a stronger deterrent effect and upholds justice more firmly.
Analysis of the Implementation of the Dirt Truck Operating Hours Policy in Tangerang Regency Misbah, Muhamad; Lesmana, Sri Jaya; Ratna Indayatun
The International Journal of Law Review and State Administration Vol. 2 No. 6 (2024): November-December : The International Journal of Law Review and State Administr
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v2i6.198

Abstract

This study aims to analyze the implementation of the policy on operating hours of dirt trucks in Tangerang Regency based on Regent Regulation Number 12 of 2022. This policy was enacted to limit the operating hours of dirt trucks to reduce congestion and improve traffic safety. The research method used is a normative-empirical juridical method with data collection techniques through observation, interviews, and documentation studies. The results of the study show that the implementation of the policy has not been optimal. Despite the regulations that have been set, there are still 10,989 units of dirt trucks that violate operating hours during 2023. Some of the factors that affect the less effective implementation of this policy include the lack of socialization to truck drivers and entrepreneurs, as well as the limited number of officers in the field to carry out supervision and control.
Juridical Review of Dispute Resolution Between Manulife Life Insurance Indonesia vs Derama Laia: (Studi Putusan Nomor 1867K/Pdt.Sus-BPSK/2022) Khoirunnisa, Alfiatun; Lesmana, Sri Jaya; Ratna Indayatun
The International Journal of Law Review and State Administration Vol. 3 No. 1 (2025): January-February : The International Journal of Law Review and State Administra
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v3i1.199

Abstract

This study aims to review juridically the settlement of consumer protection disputes between PT Asuransi Jiwa Manulife Indonesia and Derama Laia from the perspective of civil law. This case began with a dispute related to the implementation of the insurance agreement regulated in the policy between the two parties. The dispute was then brought before the Consumer Dispute Settlement Agency (BPSK) and decided through Supreme Court Decision Number 1867 K/Pdt.Sus-BPSK/2022, which stated that this case was more of a contractual dispute than a violation of consumer protection. Through a normative approach, this study analyzes the conformity of the decision with Law Number 8 of 1999 concerning Consumer Protection and the Civil Code (KUH Perdata). The results of the study show that the dispute resolution should be through civil law because it concerns the fulfillment of the agreement between the two parties, not a matter of consumer protection. This study recommends that disputes related to the performance of contracts should be directed to the Civil Court or Arbitration to avoid jurisdictional confusion and ensure proper settlement in accordance with applicable law.
Legal Liability of Notaries for Authentic Deeds Containing Formal and Material Defects Tjandraningsih, Dewi
The International Journal of Law Review and State Administration Vol. 3 No. 2 (2025): March-April : The International Journal of Law Review and State Administration
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v3i2.212

Abstract

This study explores the legal liability of notaries concerning authentic deeds that contain either formal or material defects. Notarial deeds hold conclusive evidentiary value in civil law, and therefore, any procedural or substantive error in their preparation can lead to serious legal consequences for both the involved parties and the notary. Using a normative juridical approach, the research analyzes statutory regulations, legal literature, and relevant court decisions. The aim is to examine the types and extent of notary liability civil, criminal, and administrative when a deed is proven to be defective, and to assess the legal protection available for parties harmed by such defects. The findings show that notaries may be held accountable if proven negligent or in breach of their legal obligations. In cases of formal defects, liability is generally administrative. However, for material defects that result in losses or involve intent, notaries may face civil claims or even criminal charges. Accordingly, this research underscores the importance of notaries performing their duties with diligence and in full compliance with the Notary Law to avoid potential legal disputes in the future.
The Role of Notaries in Protecting Property Ownership Rights in Indonesia Tjandraningsih, Dewi
The International Journal of Law Review and State Administration Vol. 3 No. 3 (2025): May-June : The International Journal of Law Review and State Administration
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v3i3.213

Abstract

This study aims to examine the role of notaries in protecting property ownership rights in Indonesia, particularly in the context of drafting authentic deeds as legally binding evidence. Notaries play a crucial role in ensuring the legality and legal certainty of property transactions, thus preventing disputes and fraud. The research method used is normative juridical, with a document study approach focusing on laws and regulations related to the notary profession and agrarian law in Indonesia. The results show that notaries have a strategic role in providing legal protection through the preparation of deeds that meet formal and material requirements, as well as providing legal explanations to parties involved in transactions. However, obstacles remain, such as insufficient supervision and limited public understanding of the notary’s functions, which weaken the protection of property ownership rights. Therefore, it is necessary to improve notaries' professionalism and legal education for the public to optimize the protection of property ownership rights.
Corporate Criminal Liability in Environmental Cases Fernando, Youngky
The International Journal of Law Review and State Administration Vol. 3 No. 3 (2025): May-June : The International Journal of Law Review and State Administration
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v3i3.216

Abstract

Rapid industrial growth often has a negative impact on the environment. Not infrequently, various cases of environmental pollution and destruction are carried out by corporations that prioritize profit without considering sustainability aspects. Therefore, the application of criminal liability to corporations is crucial in efforts to enforce environmental law. This study aims to analyze the concept and application of criminal liability for corporations in environmental cases in Indonesia. The research method used is a normative legal approach with an analysis of laws and regulations, court decisions, and related case studies. The results of the study indicate that although the Environmental Protection and Management Law has regulated the mechanism for corporate criminalization, its implementation still faces various obstacles, such as proving corporate guilt and identifying responsible managers. In addition, the criminal sanctions imposed tend to be more administrative and financial in nature, while the environmental recovery aspect is not yet fully optimal. This study recommends the need to strengthen legal instruments and the capacity of law enforcement officers to ensure corporate accountability and sustainable environmental protection.
The Relevance of the Miranda Rule for the Protection of Human Rights in Law Enforcement in Indonesia Somomoeljono, Suhardi; Tiara Hardy, Maryzka
The International Journal of Law Review and State Administration Vol. 3 No. 4 (2025): July-August : The International Journal of Law Review and State Administration
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v3i4.235

Abstract

This study explores the relevance of the Miranda Rule in protecting human rights within the context of law enforcement in Indonesia. The Miranda Rule, originating from the United States legal system, mandates that individuals taken into custody must be informed of their constitutional rights, including the right to remain silent and the right to legal counsel. Although Indonesia does not formally adopt the Miranda Rule, similar principles are embedded in its legal framework through the constitution and criminal procedure law. This research highlights the gaps in implementation and enforcement that often lead to human rights violations during arrest and interrogation processes. Using a normative legal approach and supported by case analysis, this paper argues that the integration of Miranda-like safeguards in Indonesian law enforcement practices can significantly strengthen the protection of suspects' rights and uphold due process. The study concludes that adopting procedural guarantees akin to the Miranda Rule is not only relevant but essential to aligning Indonesia's legal system with international human rights standards.
Juridical Analysis of the Difference in Judges' Considerations in First-Instance Decisions and Cassation Against Persecution Resulting in Death Based on the Principle of Justice: (Study of Decision Number 1466 K/Pid/2024 jo. Decision Number 454/Pid.B/2024/PN. Sby) Lesmana, Sri Jaya; Hendriansyah, Gilang; Indayatun, Ratna
The International Journal of Law Review and State Administration Vol. 3 No. 4 (2025): July-August : The International Journal of Law Review and State Administration
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

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

Abstract

The significant differences in judges' decisions reflect a serious challenge to the principle of equality before the law and public trust in the justice system. In general, this difference occurs due to a variety of factors. This study examines the difference in judges' considerations in “Decision Number 454/Pid.B/2024/PN Surabaya” (first level) and “Cassation Decision Number 1466/K/Pid/2024 Supreme Court” in cases of persecution resulting in death. The focus of the research is the trajectory of the shift from a free verdict to a guilty verdict, by assessing the application of the principles of justice and legal certainty (Radbruch theory). The research method is normative juridical, based on document studies. The results of the study showed that at the first level, the panel of judges focused on CCTV footage and traffic expert testimony, using the principle of in dubio pro reo, but ignoring key evidence such as visum and vehicle tracks. As a result, the verdict tends to only meet procedural certainty without substantive justice. On the other hand, the Supreme Court in cassation developed a comprehensive analysis of the assessment of evidence which included medical, visual, forensic, and chronological evidence, so that the element of conditional intentionality and a complete causal relationship were found. Thus, cassation decisions display a harmonized approach between legal certainty, utility, and substantive justice, in accordance with the Radbruch principle that prioritizes justice when formal law causes injustice. The researcher suggests that judicial guidelines be made in the assessment of evidence and intensive training in criminal law theory, so that judges' considerations at the initial level are more consistent, transparent, and able to reach the dimension of substantive justice, while increasing the legitimacy of criminal justice in Indonesia.

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