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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 206 Documents
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The Position and Juridical Implications of Ex Gratia Payments in Insurance Claim Settlements from the Perspective of Civil Law Teuku R. Muhammad Rajih; Yusri Yusri; Ria Fitri
International Journal of Law and Society Vol. 3 No. 3 (2026): July: 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.v3i3.970

Abstract

The practice of Ex Gratia payments in insurance has developed as a discretionary policy to maintain good relations with insured parties, protect corporate reputation, and facilitate dispute resolution without prolonged litigation. However, the absence of explicit regulation under Indonesian law creates legal uncertainty regarding the legal status of Ex Gratia payments, their implications for the rights and obligations of the parties, and the legal certainty following such payments. This study aims to examine the juridical construction of Ex Gratia payments as a civil legal act outside contractual obligations and to analyze their legal implications within insurance agreements. This research employs a normative legal method using statutory, conceptual, and analytical approaches. The study relies on secondary data consisting of primary, secondary, and tertiary legal materials collected through library research. Data were analyzed qualitatively using descriptive-analytical and prescriptive methods. The findings indicate that Ex Gratia payments do not arise from contractual obligations under an insurance policy but constitute voluntary civil legal acts based on moral, humanitarian, reputational, or business considerations. Nevertheless, such payments may establish new legal relationships if expressly stipulated in a binding agreement or written commitment. Furthermore, Ex Gratia payments may affect the insured’s right to sue, the waiver of rights, the principle of subrogation, and the balance of legal rights and obligations between the parties, highlighting the need for clearer legal regulation to ensure certainty and consistency in insurance practice.
The Application of Digital Forensics in the Authentication and Admissibility of Electronic Evidence in Cybercrime Cases within the Jurisdiction of the Banda Aceh District Court Puan Diva Humaira; Ida Keumala Jeumpa; Sanusi Sanusi
International Journal of Law and Society Vol. 3 No. 3 (2026): July: 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.v3i3.972

Abstract

The legal status of electronic evidence is governed by Article 5, paragraphs (1) and (2) of the ITE Law. Electronic information and documents do not qualify as evidence by default; they must satisfy the formal and substantive criteria established by the ITE Law. Authentication and admissibility represent two interrelated phases in the evidentiary chain. Judicial practice exhibits variability in the evaluation of electronic evidence; some judges accept it without digital forensic investigation, whereas others require supplementary verification to ascertain its validity and integrity. This indicates that the problem resides in the fulfilment and evaluation of the criteria for authenticity and admissibility of evidence. This research aims to elucidate the role of digital forensics in the criminal justice system concerning the authenticity and admission criteria for electronic evidence in cybercrime cases at the Banda Aceh District Court. The employed research method is empirical legal research, which investigates societal, institutional, or state events and phenomena by direct observation. This research utilises both primary and secondary data sources. This research is conducted under the jurisdiction of the Banda Aceh District Court. This study involved the collecting, evaluation, and interpretation of data to elucidate the application of digital forensics in substantiating cybercrime. The research findings demonstrate that the implementation of digital forensics to fulfil the criteria of authentication and admissibility of electronic evidence in cybercrime cases at the Banda Aceh District Court has been executed during the investigation, prosecution, and trial phases within the criminal justice system. In terms of authentication, digital forensics is employed to verify the validity, integrity, and pertinence of electronic evidence related to the criminal incident under investigation. Digital forensics enhances the admissibility of electronic evidence through forensic examination reports and expert testimony that elucidate the technical validity and methodology of evidence acquisition.
The Role of Notaries in Preventing the Misuse of Fintech and Crypto Assets for Money Laundering: Risk Analysis and Required Due Diligence Framework Surya Dharma Ali; Fanny Tanuwijaya; Moh. Ali
International Journal of Law and Society Vol. 3 No. 1 (2026): 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.v3i1.874

Abstract

The rapid development of financial technology (fintech) and crypto assets has created a paradox in the global financial system: while promoting inclusion and efficiency, it also opens new vulnerabilities for money laundering offenses. Notaries, as public officials and legal professionals involved in various financial and business transactions, are at the forefront of preventing this misuse. This article analyzes the specific risks of money laundering through fintech and crypto assets and formulates the due diligence framework required by notaries in carrying out their preventive functions. The research method uses a normative juridical approach with doctrinal analysis of regulations and international standards, enriched with case studies and best practice references. The findings indicate that notaries face three main challenges: (1) difficulty in identifying parties in virtual transactions, (2) the volatility and relative anonymity of crypto assets, and (3) the gap between the speed of technological innovation and regulatory adaptation. This article proposes an Enhanced Digital Due Diligence (ED3) model that integrates digital verification technology, blockchain forensic analysis, and a dynamic risk-based approach. This framework is expected to strengthen the role of notaries as gatekeepers in the rapidly evolving digital financial ecosystem while maintaining the profession's relevance in the era of digital transformation.
Synchronization Of Aceh's Revenue And Expenditure Budget Management Planning With Government Policy Dian Kesuma; Eddy Purnama; M. Jafar
International Journal of Law and Society Vol. 3 No. 1 (2026): 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.v3i1.875

Abstract

Article 170 paragraph (1) of Law Number 1 of 2022 concerning HKPD emphasizes the synchronization of fiscal planning and policy for integrated national development. However, in the APBA (Aceh Provincial Budget) planning, discrepancies persist between the Aceh Government’s documents and the central fiscal policy direction, leading to synchronization that remains administrative rather than substantive. This issue is further complicated by Aceh's special status under Law No. 11 of 2006, which results in differences in macro indicators, program structure, and a lack of substantive participation from Aceh, creating epistemological inequality and structural injustice in central-regional financial relations. The research aims to understand why APBA management planning is not fully synchronized with government policy and to explore the ideal procedure for achieving synchronization, considering Aceh’s unique autonomy. This study is a normative juridical analysis using a legislative, conceptual, historical, and futuristic approach, with the application of authority theory, policy suitability theory, asymmetric decentralization theory, and good governance principles. The findings reveal that the lack of synchronization is caused by procedural issues, such as the absence of integration between RKPD (Regional Government Work Plan) and RKP (National Government Work Plan) schedules, the lack of a mechanism for reducing KEM-PPKF indicators, unclear fiscal support evaluation, and absence of guidelines and sanctions. Additionally, there are substantial issues like the incompatibility of Aceh's macro indicators with national targets. To achieve ideal synchronization, normative legality, equal central and regional authority, and integrated planning systems are needed.
Assistance for Clients of Correctional Assisted Children : A Study at the Class I Correctional Center in Banda Aceh Cut Dini Mandasari; Rizanizarli Rizanizarli; Efendi Efendi
International Journal of Law and Society Vol. 3 No. 2 (2026): 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.v3i2.932

Abstract

Law Number 11 of 2012 emphasizes restorative justice, diversion, and the protection and fulfillment of children’s rights within the juvenile justice system. In addition, Law Number 22 of 2022 highlights the importance of guidance and assistance aimed at supporting the social reintegration of children in conflict with the law. However, the implementation of these legal provisions at the Class I Correctional Center (Bapas) in Banda Aceh has not been fully effective due to several challenges, including the limited number of officers, inadequate initial assistance, and constraints in reporting and inter-institutional coordination. This study aims to analyze the implementation of assistance provided to juvenile correctional clients at Bapas Class I Banda Aceh and identify factors affecting its effectiveness. The research employs an empirical juridical method with descriptive qualitative analysis based on interviews, documentation, and legal literature. The findings reveal that assistance has been provided throughout all judicial stages, including pre-adjudication, adjudication, and post-adjudication processes. These activities involve community research, assistance during diversion and court proceedings, and post-verdict guidance. Nevertheless, implementation remains suboptimal due to internal factors such as limited Community Advisors and heavy workloads, as well as external factors including insufficient family support, limited community acceptance, and weak coordination between institutions. These issues affect the effectiveness of assistance and hinder children’s successful social reintegration.
The Role of The Ministry of Women’s Empowerment and Child Protection in Overming The Level of Cases of Sexual Violence Against Children in Indonesia Andiny Pratiwi Putri; Timbul Dompak
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.v2i4.1017

Abstract

Seven development agendas have been established in compliance with Presidential Regulation Number 18 of 2020 about the National Medium-Term Development Plan (RPJMN) 2022–2024. The Indonesian government is particularly concerned about the rising number of child sexual assault cases each year. Finding out how the Ministry of Women's Empowerment and Child Protection contributes to reducing the number of child sexual abuse cases in Indonesia is the aim of this study. A qualitative approach utilizing a literature study methodology is the research methodology employed. According to the study's findings, one of the most crucial issues and a top goal of Indonesian government policy is protecting children from sexual abuse, KPPPA acts as a Prevelence of Violence Against Children (KtA) by conducting training on national strategies for eliminating sexual violence against children, building a Child Friendly Regency / City Program (KLA). In addition, KPPPA collaborates with local governments, educational institutions, communities, and other stakeholders to create a safer environment for children. However, several challenges remain, including limited public awareness, differences in regional capacity, underreporting of cases, and the need for stronger coordination among institutions. Therefore, optimizing prevention programs, improving institutional capacity, and strengthening collaborative efforts are necessary steps to reduce child sexual abuse cases and ensure comprehensive child protection in Indonesia.

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