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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 156 Documents
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Restorative Justice Approach in Traffic Crime Law Enforcement Jabida Sopamena
International Journal of Law and Society Vol. 1 No. 4 (2024): 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.v1i4.175

Abstract

This research explores the application of restorative justice, focusing on traffic cases resulting in fatalities, as outlined in Chapter XIX of the KUHP, which addresses crimes against the body. The study examines instances where traffic accidents caused deaths but were resolved through restorative justice practices. The findings indicate that within the National Police institution, the application of restorative justice in traffic cases is governed by both general and special conditions. These conditions are often conflicting, as general regulations typically reject restorative justice if a victim dies, yet special conditions allow for the possibility of resolving such cases at the investigation and inquiry levels. Similarly, at the Prosecutor's Office, the study revealed that the process of halting prosecution is generally not permissible for cases carrying sentences of over five years. However, in specific instances, exceptions are made, even though the Prosecutor's Office does not specifically address traffic crimes but regulates them under general provisions. This leads to an asynchronous approach to case resolution through restorative justice. The author concludes that there is a critical need for a dedicated law on Restorative Justice to ensure regulatory synchronization, thus providing clear and consistent guidelines for the application of restorative justice in traffic cases resulting in fatalities.
Use of Discretion in Criminal Acts by the Police in Hart's View Samsul Rijal Sahir
International Journal of Law and Society Vol. 1 No. 4 (2024): 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.v1i4.176

Abstract

This research discusses that the application of discretion often causes problems. However, on the one hand, discretion is also helpful for the Police in carrying out the investigation and investigation process so that they can quickly solve a problem that arises in the field. Law Number 2 of 2002 concerning the National Police of the Republic of Indonesia was born to try to put discretion into the practice of criminal law. The Criminal Procedure Code describes how discretion is applied, but the measure of the application of discretion, whether this discretion is better to exist or not, the value of discretion applied in Indonesia, and how we can exercise discretion. It has yet to be answered, and it is often a problem in the field because it seems arbitrary; for this reason, it is necessary to revise Law Number 2 of 2002 concerning the Police, which explains what discretion is and how it is applied. The research method used is normative legal research, which traces the legal literature linked to the discretionary concept approach presented by Hart.
Legal Aspects of Land Ownership in Batam's Old Villages: A Notarial Perspective M. Tartib; Henry Aspan; Darwis Anatami; Etty Sri Wahyuni
International Journal of Law and Society Vol. 1 No. 2 (2024): April : 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.v1i2.180

Abstract

This study examines the complex interplay between formal legal structures, customary practices, and rapid urban development in shaping land ownership dynamics in Batam's old villages (kampung tua). Through a qualitative case study approach, incorporating document analysis, semi-structured interviews, and field observations, we investigate the challenges in reconciling traditional land rights with modern property laws in the context of Batam's development as a free trade zone. Our findings reveal that approximately 70% of land parcels in the studied villages lack formal titles, highlighting the prevalence of informal ownership systems. The research identifies significant legal pluralism, where national land laws, local regulations, and customary (adat) practices coexist and often conflict. Notaries emerge as key actors navigating this complex landscape, often expanding beyond their formal mandate to mediate between different systems of authority and ownership. The study underscores the limitations of current legal frameworks in addressing the unique challenges of land administration in rapidly urbanizing areas with strong customary traditions. We propose the need for more adaptive land governance approaches that can accommodate both formal and informal ownership structures, including specialized legal frameworks for recognizing customary land rights in urban contexts. This research contributes to the broader understanding of land rights issues in the face of rapid urban development and offers insights for policymakers, legal practitioners, and urban planners grappling with similar challenges in other developing regions.
The Impact of Inadequate Governance on Security in Nigeria: The Approach of Police Force Command Abuja Ajiteru Sherif Abdul Raheem; Sulaiman T.H; Abalaka J. N
International Journal of Law and Society Vol. 1 No. 4 (2024): 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.v1i4.185

Abstract

This study looked at the relationship between Nigeria's ongoing insecurity and poor governance. The article makes the theoretical case that the injustice, corruption, and self-serving leadership of Nigeria's leadership class are to blame for the country's current security problems. Ethnic, communal, religious, and resource-related conflicts have persisted throughout most of Nigeria since the country's restoration to democracy in 1999, following nearly three decades of military administration. This is made worse by the leadership's apparent inability to solve important national concerns like reducing poverty, creating jobs, allocating resources, developing infrastructure, etc. Accordingly, the study concludes that Although it is a huge task, combating insecurity in Nigeria is not insurmountable. Nigerians must therefore come together, and the ruling class must become fully committed to combating insecurity and forging a strong political will.  
The Execution of Personal Guarantees (Borgtocht) on Working Capital Loans in Bankruptcy Cases: a Study of Indonesian Supreme Court Decision No. 141/Pdt.Sus- PKPU/2020/PN.Niaga.Jkt.Pst Indri Syahfitri; Iwan Erar Joesoef; Muthia Sakti
International Journal of Law and Society Vol. 1 No. 4 (2024): 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.v1i4.186

Abstract

This research analyzes the impact of Indonesian Supreme Court Decision No. 141/Pdt.Sus- PKPU/2020 on the execution of personal guarantees (borgtocht) in bankruptcy proceedings. This decision is significant as it has the potential to alter the practice of borgtocht execution and affect legal certainty for both creditors and debtors. The research employs a normative method with a statutory approach and case studies. Legal sources include legislation, legal literature, and relevant court decisions. The findings indicate that the Supreme Court decision provides clarity regarding the position of borgtocht in bankruptcy, yet also raises some legal uncertainties. This research offers recommendations for legal improvements regarding borgtocht execution to ensure legal certainty and fairness for all parties involved..
The Role of Immigration in Prevention of Criminal Acts Trafficking in Humans Dimas Prayoga; Mhd Azhali Siregar
International Journal of Law and Society Vol. 1 No. 4 (2024): 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.v1i4.191

Abstract

The crime of human trafficking is a form of modern human slavery. Apart from that, the criminal act of human trafficking is one of the worst forms of treatment that violates human dignity. The rise of human trafficking crimes in various countries, including Indonesia and other developing countries, is a problem in itself for Indonesia. The international community and members of international organizations, especially the United Nations (UN). The emergence of human trafficking often occurs when someone is vulnerable, among whom the victims are often women and children who are categorized as weak. This research is also descriptive analysis, descriptive analysis is an attempt to describe or describe events and happenings without carrying out hypotheses and statistical calculations. Analytical descriptive is what the respondent states in writing or orally, as well as their real behavior, which is researched and studied in its entirety. Data collection was carried out using a documentation study where all secondary data used in this research was collected using this research. This research was carried out using data collection tools, namely: literature study or document study.Prevention carried out by Immigration to prevent the Crime of Human Trafficking, namely Immigration can prevent the Crime of Human Trafficking by increasing monitoring at borders, tightening the provision of passports, especially for people who are still of productive age to prevent them from becoming victims of the Crime of Human Trafficking abroad, Immigration officers take effective anticipatory steps by conducting further and in-depth interviews with passport applicants before deciding whether to approve or reject the issuance of a passport, increasing officer training to recognize signs of victims of human trafficking crimes, collaborating with international institutions and non-governmental organizations in the campaign against the Crime of Human Trafficking, as well as involving the community in this prevention effort
Policy on Formulation of Criminal Responsibility for Children in Conflict With the Law Dedy Ananta Ginting; T. Riza Zarzani. N; Rahul Ardian Fikri
International Journal of Law and Society Vol. 1 No. 4 (2024): 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.v1i4.192

Abstract

Children are the next generation of the nation who need to receive guidance and protection to ensure their optimal physical, mental and social development. In its development, efforts to guide and protect children are often faced with problems and obstacles that ultimately lead to deviations in children's behavior. These deviations are often violations of legal norms and crimes by children. Children who are in conflict with the law must be held accountable for their actions, either through non-penal or penal processes. Regulations on child criminal acts are regulated in Law No. 11 of 2012 concerning the Juvenile Criminal Justice System. In principle, child protection is carried out based on the best considerations for children. The purpose of this study is to determine and analyze how the policy of formulating criminal responsibility for children in conflict with the law according to Law No. 11 of 2012 concerning the Juvenile Criminal Justice System; and to determine and analyze the policy of formulating criminal responsibility for children in conflict with the law in the future. This study uses a normative legal approach. The specifications of this study are descriptive analytical. The type of data in this study, namely secondary data includes primary legal materials in the form of laws and regulations and secondary legal materials in the form of book references and expert opinions. The data collection method used is the method of collecting data through literature studies. The analysis method used is qualitative analysis. The results of the study indicate that the criminal liability of children in conflict with the law according to Law No. 11 of 2012 is regarding the age limit of children who can be punished is 12 years, in the law there are also diversion efforts carried out before or even during the trial process, this is intended to minimize the punishment imposed on children (ultimum remidium). This process is carried out for the best consideration for children, because the effects of criminal law (stigmatization) are very bad for child development.
Integrating Sustainability and Digital Advancements In Maritime Law Education: Enhancing Cadet Preparedness Tri Cahyadi; Ahmad Ahmad; larsen Barasa
International Journal of Law and Society Vol. 1 No. 4 (2024): 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.v1i4.196

Abstract

This research investigates the integration of sustainability principles and digital advancements in maritime law education within vocational training programmes. Drawing on qualitative perspectives from maritime professionals and educators, the study identifies critical areas for curriculum enhancement and skill development. Key findings highlight the industry's emphasis on regulatory compliance, safety management, and the use of digital technologies in maritime operations. The research underscores the importance of practical training modules, simulation-based learning, and industry partnerships in preparing cadets for real-world challenges. Expertise from industry stakeholders informs curriculum design, focusing on digital navigation tools, safety protocols, and regulatory frameworks like STCW and IMO standards. Assessment of cadet readiness reveals strengths in theoretical knowledge but emphasizes the need for more extensive practical training. Innovative approaches using simulators and online platforms enhance learning outcomes and operational efficiencies. The study concludes with recommendations for ongoing collaboration between academia and industry to sustain curriculum innovation and prepare a competent workforce for the evolving maritime industry.
Certainty Law For Health Workers In Health Services Iyo Iko Rasaki; Yasmirah Mandasari Saragih; Marice Simarmata
International Journal of Law and Society Vol. 1 No. 4 (2024): 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.v1i4.199

Abstract

Health services aim to maintain and improve the quality of health, as well as prevent and treat diseases in the community.This study aiming to analyze the legal certainty for health workers in health services, using the normative legal method. The data source comes from a literature review. The results of this study indicate that Law Number 17 of 2023 regarding Health brings significant changes to the legal certainty for health workers in Indonesia in terms of health services. Previously, legal certainty for health workers was spread across various separate laws. However, with the enactment of Law Number 17 of 2023, this legal protection has become more integrated and comprehensive. Updates regarding the protection of health workers include increasing the rights of health workers, including affirmation of compliance with professional standards and ethics. There are improvements in rights, salary, performance allowances, health insurance, and opportunities for self development. This protection is strengthened by giving health workers the authority to stop services if there is a violation of ethics. It is necessary to strengthen operational procedures and work standards that can be a reference for health workers in carrying out their duties, thereby reduce the risk of negligence that can result in criminal sanctions and additional regulations are also needed to ensure a fair legal mechanism for health workers in facing accusations of negligence, by considering ethics and professional aspects in their work.
The Role of the Village Deliberative Body in Monitoring Village Fund Allocation in the Perspective of Law Number 14 of 2016 Suramin Suramin; Yasmirah Mandasari Saragih; Ismaidar Ismaidar
International Journal of Law and Society Vol. 1 No. 4 (2024): 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.v1i4.201

Abstract

Village funds disbursed by the government sourced from the APBN are still considered as assets that continue to be targeted by certain Village Heads with low morals. The high political costs to get the number one seat in the village cause people to do anything to get it. Because the village funds disbursed are quite tempting. In just one year in mathematical calculations, the capital spent during the process of getting the position of village head can be returned. Therefore, the suboptimal performance of the village head is due to many stumbling blocks of interest. The village head is no longer focused on the promised programs. The village head only focuses on efforts to return the campaign funds spent so far. The high number of corruption cases that hit the village head if it does not become the government's attention, the disbursement of village funds which were originally intended to make the village strong, advanced and independent will be in vain. That is why the role of the Village Consultative Body is needed here, an independent institution whose status is outside the village government. The function of the BPD which is expressly stated in the village law has not been implemented optimally, this results in village fund leaks always occurring every year in almost all regions of Indonesia. This study uses a normative legal research type, namely research that focuses on research on related laws and regulations. The results of this study indicate that Village Fund Supervision in Improving the Performance of the Village Consultative Body has not been guided and based on the principles of Law No. 6 of 2014 concerning Villages. The BPD has not fully carried out its functions. And the obstacles experienced are mainly in the HR aspect besides the absence of regulations that explicitly explain how the technical supervision of the allocation of village funds.

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