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INDONESIA
International Journal of Law and Society
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30469619     EISSN : 30469562     DOI : 10.62951
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
of law and social politics, both theoretical and empirical. The focus of this journal is on studies of civil law, criminal law, constitutional law, international law, procedural law and customary law, politics and social sciences
Arjuna Subject : Ilmu Sosial - Hukum
Articles 172 Documents
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Business Law Perspective on Marketing Activities of Limited Liability Companies in Indonesia Ryan Rudyarta
International Journal of Law and Society Vol. 2 No. 4 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i4.768

Abstract

Marketing activities of limited liability companies (LLC) in Indonesia are not merely business strategies but also legal activities that entail juridical consequences. The increasingly complex dynamics of modern marketing, including digital marketing, e-commerce, and the utilization of consumer personal data, demonstrate that marketing activities cannot be separated from business law regulations, whether related to consumer protection, fair competition, electronic information, or personal data protection. Marketing by LLC in Indonesia is regulated by various laws aimed at creating fair, transparent transactions while avoiding practices that could harm consumers. From a business law perspective, marketing in Indonesia, especially within limited liability companies, plays a crucial role in maintaining the smooth operation of businesses that benefit not only the company but also the wider society, including consumers. Marketing activities by LLC must consistently adhere to the principles of law, including consumer protection and the obligation to ensure transparency in every promotional activity or advertisement. This study employs a normative juridical method with both statutory and conceptual approaches. The analysis is conducted qualitatively through systematic and teleological legal interpretation, supported by secondary legal materials such as academic literature and recent scholarly articles on business law and marketing. The findings reveal that marketing activities of limited liability companies are closely intertwined with business law, as all contracts, promotions, and marketing strategies constitute legal acts that must adhere to the principles of honesty, transparency, and fair competition. Revenue growth through effective marketing can only be achieved sustainably if it is designed in accordance with the principles of good corporate governance and legal compliance. Thus, marketing in the perspective of business law functions not only as a commercial tool but also as an instrument for creating legitimate, ethical, and equitable value for both the company and society.
Legal Reconstruction of Food Provision for Correctional Inmates in Fulfilling Human Rights Hendra Sembiring; Syahranuddin Syahranuddin; Lidya Rahmadhani Hasibuan
International Journal of Law and Society Vol. 2 No. 4 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i4.771

Abstract

The provision of food for inmates is part of the fulfillment of fundamental human rights as regulated in the Regulation of the Minister of Law and Human Rights Number 40 of 2017. However, in its implementation, various problems are still found that require in-depth study to reconstruct the existing system to be more effective in realizing the fulfillment of human rights. This study aims to analyze the implementation of the Regulation of the Minister of Law and Human Rights Number 40 of 2017 in fulfilling human rights in correctional institutions and to formulate an ideal legal reconstruction of the provision of food for inmates to realize the fulfillment of human rights in the future. This study uses a normative legal research method with primary legal materials (legislation related to the provision of food in prisons), secondary (books, journals), and tertiary (legal dictionaries). The analysis was carried out qualitatively to examine the implementation of the policy and formulate an ideal legal reconstruction. The results of the study indicate that the implementation of Permenkumham No. 40/2017 still faces various obstacles including budget constraints, inadequate infrastructure, limited competent human resources, and a less than optimal supervision system. The ideal legal reconstruction includes strengthening the legal basis, developing a sustainable funding system, improving HR competency standards, developing an integrated monitoring system, and utilizing information technology in food management to realize the fulfillment of human rights for correctional inmates.
The Urgency of Increase in Judges' Salaries and Fair Decisions Nani Widya Sari; Guntarto Widodo; Oksidelfa Yanto; Isnu Harjo Prayitno; Rifka Zuwanda
International Journal of Law and Society Vol. 2 No. 4 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i4.775

Abstract

This research will analyze the increase in judges' salaries and its impact on fair decisions for justice seekers. Furthermore, it also aims to analyze what aspects need to be considered to achieve the ideal goal of the criminal justice process so that judges' decisions can fulfill a sense of justice. The method used in this study is the normative juridical writing method using secondary data obtained through literature study. The results of the study indicate that with an adequate salary increase, judges can focus more on their duties to provide fair decisions and are not tempted by external factors that can affect their independence. In addition, there are several aspects that need to be considered so that the criminal justice process can produce decisions that fulfill a sense of justice, including decisions must be based on the principle of substantive justice, namely justice that considers the material aspects of the case, not just formal procedures. Then there is also consistent application of the law, transparency and accountability. And no less important is respect for human rights. Thus, increasing judges' salaries can be one effort to improve the quality of law enforcement and justice in Indonesia.
Implementation of the Law of the Republic of Indonesia No. 8 of 2019 in the Practice of Hajj Organization by Travel Agencies Using Non-Hajj Visas (A Case Study at PT Mirbath Tour and Travel Palu) M. Dawud Arif Khan; Rugaiyah
International Journal of Law and Society Vol. 2 No. 4 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i4.776

Abstract

The phenomenon of using non-Hajj visas for pilgrimage has deprived many pilgrims of legal protection, with numerous cases of arrests by Saudi authorities resulting in deportation and even a ten-year ban on entering Saudi Arabia. This study adopts a qualitative case study design with an empirical legal research approach. Data were collected through interviews and document analysis at PT Mirbath Tour and Travel Palu. The primary data source was an interview with the Director of PT Mirbath, while secondary sources included the Qur’an, Hadith, legislation, journals, articles, theses, dissertations, and reference books. Data analysis employed reduction, presentation, and conclusion drawing. The findings highlight three key points. First, PT Mirbath facilitated Hajj departures using multiple-entry visas with significant limitations, such as the absence of tents in Mina and Muzdalifah, restricted access to facilities, and alternative routes from Riyadh to bypass checkpoints. Second, the use of non-Hajj visas indicates that the implementation of Law of the Republic of Indonesia No. 8 of 2019 on the Administration of Hajj and Umrah has not been effectively enforced, with policy gaps and weak operational oversight remaining apparent. Third, although the contractual arrangements applied appear consistent with the principles of Islamic jurisprudence (fiqh muamalah), they conflict with the foundations of sharia economic law, as the use of non-Hajj visas involves elements of gharar (uncertainty), lack of transparency, and contractual objectives inconsistent with maqasid al-shariah.
The Validity of Direct Appointment Construction Contracts by State-Owned Enterprises to Their Subsidiaries After the Implementation of the Job Creation Law: A Study on Conflicts of Interest in the Procurement of Construction Consultancy Services Within PT PLN (Persero) Aslihatin Zuliana; Iwan Erar Joesoef; Suherman Suherman
International Journal of Law and Society Vol. 2 No. 4 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i4.777

Abstract

This study examines the legal validity of direct appointment construction consultancy contracts between state-owned enterprises and their subsidiaries following the implementation of Indonesia's Job Creation Law. The research addresses critical questions regarding the formal legal mechanisms governing long-term unit-price framework agreements and their continued enforceability under amended procurement regulations. Employing a normative-jurisprudential methodology, the study systematically analyzes primary legal sources, including statutory provisions, government regulations, and corporate governance frameworks, alongside secondary legal materials and doctrinal commentaries. The analysis reveals that pre-Omnibus Law direct appointments complied with civil law contract validity requirements and sector-specific procurement regulations under Law No. 2/2017. Transitional provisions and the non-retroactivity principle preserved the enforceability of framework agreements executed prior to the Job Creation Law's enactment, while administrative amendments extending contract terms remained lawful under existing civil code provisions. The study demonstrates that direct appointment mechanisms achieve legal justification through constitutional mandates and legislative hierarchy, while providing utilitarian benefits through enhanced procurement efficiency and deployment of specialized technical expertise. The findings contribute to scholarly discourse on state-owned enterprise governance by elucidating how omnibus legislative reforms interact with contract doctrine and corporate governance norms, emphasizing the critical importance of robust conflict-of-interest safeguards in preventing procedural formalism from overshadowing substantive public interest outcomes.
Proof of State Financial Losses in State-Owned Banking Enterprises Related to Corruption Crimes Rahmat Fajri; Ida Keumala Jeumpa; Yusri Yusri
International Journal of Law and Society Vol. 2 No. 4 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i4.779

Abstract

Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Eradication of Corruption Crimes (Tipikor Law) requires the existence of state financial losses as an important element in Article 2 paragraph (1) and Article 3. Following Constitutional Court Decision No. 25/PUU-XIV/2016, proof of state losses must be actual losses, rather than potential losses. However, in practice, there is a discrepancy between legal norms and the reality of law enforcement, especially in state-owned enterprises (SOEs) engaged in banking. There is disharmony between the Anti-Corruption Law, the State Finance Law, and the SOE Law, particularly regarding the financial status of SOEs as separate state assets. This study uses a normative legal method with a statute approach. The results show that proving state financial losses in banking SOEs related to corruption requires an examination by an authorised institution to declare state financial losses. Based on Article 10 paragraph (1) of Law No. 15 of 2006 concerning the Audit Board, it is explained that the Audit Board has the authority to determine the existence or absence of state losses. The audit process carried out by the Audit Board on state-owned banking enterprises suspected of causing state financial losses must be an investigative audit process, not a state loss calculation audit that is usually carried out on government institutions.
Criminal Policy in Combating Digital Banking Crime: Challenges and Prevention Strategies Harlina Hamid; Muhammad Fadli Faisal Rasyid
International Journal of Law and Society Vol. 2 No. 4 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i4.781

Abstract

Digital transformation in the banking sector has introduced numerous conveniences in financial transactions, yet simultaneously opened opportunities for increasingly sophisticated and damaging new forms of crime. This article comprehensively analyzes criminal policy in combating digital banking crime in Indonesia, exploring the legal, technological, and institutional challenges faced, and formulating effective prevention strategies. Through systematic literature review and critical policy analysis, this research demonstrates that digital banking crime in Indonesia has experienced significant increases both in quantity and complexity of modus operandi, encompassing phishing, skimming, hacking, social engineering, banking trojan malware, and various technology-based fraud schemes. Financial losses amount to trillions of rupiah annually, excluding the psychological impact on victims and erosion of public trust in digital banking systems. Research findings identify fundamental challenges in combating digital banking crime, including limitations in legal frameworks that have not fully accommodated technological developments, gaps in law enforcement capacity for cyber investigation, complexity of evidence in digital cases, complicated cross-border jurisdiction, rapid evolution of crime modi outpacing regulatory adaptation, and low digital security literacy among banking service users. Policy analysis shows that penal approaches through criminalization and law enforcement, while important, are insufficient without comprehensive non-penal strategies.
The Constitutional Court as a Positive Legislative through the Living Constitution Approach Lina Sinaulan, Ramlani; Saputra, Rahmat; Sugeng Sugeng
International Journal of Law and Society Vol. 2 No. 4 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i4.780

Abstract

This study examines the role of the Constitutional Court of Indonesia (Mahkamah Konstitusi/MK) as a positive legislator through the lens of the living constitution approach, which conceptualizes the constitution as a dynamic and evolving document responding to social and political change. The main problem addressed is the extent to which the MK’s judicial activism in interpreting and even creating new legal norms aligns with constitutional principles, democratic legitimacy, and the balance of powers between the judiciary and the legislature. The objective of the research is to analyze how the MK’s progressive interpretations have transformed it from a negative legislator—which merely annuls unconstitutional laws—into a positive legislator that effectively fills legal gaps and constructs new constitutional meanings. Using a normative juridical method combined with case study analysis, this research explores key constitutional decisions, focusing on cases where the MK extended its interpretive authority beyond mere judicial review. The findings reveal that the MK, through the living constitution approach, justifies its role as a positive legislator by invoking principles of constitutional morality, justice, and responsiveness to societal evolution. However, this judicial creativity also generates tension with legislative supremacy and may risk overstepping the boundaries of judicial function. The synthesis of findings suggests that the MK’s transformation embodies the dynamic interplay between constitutional text and social context, reinforcing the adaptability of Indonesian constitutionalism. The study concludes that while the MK’s position as a positive legislator under the living constitution paradigm strengthens constitutional justice and protects citizens’ rights, it must remain anchored in checks and balances to prevent judicial overreach and preserve democratic legitimacy.
The Revival of Family Waqf: A Systematic Review of Law, Governance, and Intergenerational Wealth Preservation Muslim Marpaung; Irma Suryani Lubis
International Journal of Law and Society Vol. 2 No. 4 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i4.782

Abstract

Family waqf is a classic instrument in Islamic economics that plays a crucial role in maintaining wealth sustainability and intergenerational well-being. However, its application in the context of modern law and economics still faces various challenges, such as overlap with Islamic inheritance law (farāʾiḍ), limited regulations, and weak governance. This article aims to systematically review the academic literature on the revival of the family waqf concept in the context of contemporary Islamic law, modern governance, and its potential contribution to wealth preservation. The approach used is a Systematic Literature Review (SLR) using the PRISMA method, covering studies from 2000–2025 from various sources indexed by Scopus, DOAJ, and Google Scholar. The results of the study indicate that regulatory modernization, integration with the Islamic financial system, and the implementation of technology-based governance are key factors in reviving the role of family waqf as an instrument of social justice and economic sustainability for the community.
Implementation of Qanun Aceh Number 11 of 2018 concerning Islamic Financial Institutions in Increasing Financing for Micro Enterprises in Aceh Putri Balqis Vilza; Yusri Yusri; Muhammad Gaussyah
International Journal of Law and Society Vol. 2 No. 4 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i4.784

Abstract

Islamic Financial Institutions play a vital role in strengthening the Islamic economy in Aceh, particularly through financing micro businesses. Article 14 of Qanun Aceh Number 11 of 2018 sets a target of 40% profit-sharing-based financing for Micro, Small, and Medium Enterprises (MSMEs) by 2024. However, the realization of financing with profit-sharing contracts is still low. This study aims to examine the implementation of Qanun Number 11 of 2018 in facilitating micro business financing in Aceh, identify obstacles in its implementation, and analyze the roles of the government, society, and the private sector in supporting this process. The study uses an empirical juridical method, collecting data through literature studies, interviews, and observations. Data analysis is conducted qualitatively with a prescriptive analytical approach. Challenges to financing distribution include business actors not meeting credit quality assessments and prudential banking standards, causing banks to implement risk management strategies to prevent non-performing loans. Additionally, low financial literacy among business actors remains a significant barrier. The local government supports micro business financing by establishing the Technical Implementation Unit of the Integrated Business Service Office, providing financial assistance, and introducing the draft Qanun of Aceh Sharia Financing Guarantee. Bank Aceh Syariah offers training and coaching for MSMEs, while Bank Syariah Indonesia aids MSMEs through the MSME Center and the Muslim Entrepreneur program. Improving financial literacy is essential for business development. The study recommends that the Aceh Government strengthen the implementation of Qanun Sharia Financial Institutions, increase profit-sharing-based MSME financing, and promote financial literacy.

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