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International Journal of Law, Crime and Justice
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30471370     EISSN : 30471362     DOI : 10.62951
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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 160 Documents
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The Application of the Retroactive Principle in Decisions of State Administrative Officials to Realize Legal Utility Ridwan A. Jula; Fenty U. Puluhulawa; Erman I. Rahim
International Journal of Law, Crime and Justice Vol. 2 No. 2 (2025): June : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v2i2.611

Abstract

This study examines the application of the retroactive principle in the issuance of State Administrative Decisions (KTUN) by regional administrative officials amid digitalization in public services. The research aims to examine the legal basis of retroactive application within administrative law and to identify appropriate mechanisms to ensure its benefit for public administration and society. Using a normative juridical method with statutory and conceptual approaches, the research is supported by literature studies on legal documents and regulations. The findings indicate that, under Indonesian administrative law, the retroactive application of KTUN is legally permissible if it meets specific conditions outlined in the Law on Government Administration—primarily to prevent greater harm and/or to protect citizens’ rights. Retroactive KTUN may address discrepancies between the timing of decision issuance and actual administrative activities, especially in a digital governance environment. The study concludes that to ensure legal certainty and accountability, such application must be based on formal mechanisms, including the development of standard operating procedures (SOPs) and the issuance of regional head regulations as normative foundations. These measures are essential to institutionalize retroactive KTUN and ensure its use aligns with principles of legal certainty, public benefit, and good governance in regional government administration.
Analysis of Consumer Protection in the Insurance Claim Process Based on Law No. 8 of 1999 on Consumer Protection Silvana Nur Rahmat Lukum; Weny Almoravid Dungga; Suwitno Yutye Imran
International Journal of Law, Crime and Justice Vol. 2 No. 2 (2025): June : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v2i2.612

Abstract

This study aims to analyze the legal protection for insurance customers in the settlement of policy claims at PT Asuransi Bumi Putera, with reference to Law No. 8 of 1999 concerning Consumer Protection. The main problem faced by customers is the delay in payment of claims, which is contrary to the main purpose of insurance to compensate for losses experienced by customers. Based on available data, many claims have not been paid, indicating the non-compliance of insurance companies with their obligations. This research examines the forms of legal protection regulated in the Consumer Protection Law, particularly regarding the customer's right to obtain clear information, compensation, and dispute resolution. In addition, this study also highlights the preventive and repressive aspects of legal protection, where preventive protection aims to prevent disputes from occurring, while repressive protection provides legal avenues for aggrieved customers to obtain compensation. While the law has provided a clear basis of protection, consistent implementation and enforcement are still needed to ensure customer rights are fulfilled. This research is expected to contribute to improving legal protection for insurance customers in Indonesia, as well as encouraging insurance companies to fulfill their obligations in a timely manner in accordance with applicable regulations.
The Implications for Consumer Protection Against Online Loans in the Spotlight of Civil Law Silvani Nur Rahmat Lukum; Nur Mohamad Kasim; Weny Almoravid Dungga
International Journal of Law, Crime and Justice Vol. 2 No. 2 (2025): June : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v2i2.613

Abstract

Online lending has become an increasingly popular financial solution in Indonesia, providing easy access to funds for people who are not fully served by traditional financial institutions. Despite offering many conveniences, the rapid growth of online lending brings various risks, such as the rise of illegal online loans, high interest rates, and the potential misuse of users' personal data. This research aims to analyze consumer protection in online loan transactions, by reviewing existing regulations, such as Law No. 8/1999 on Consumer Protection, OJK Regulation No. 77/Pojk.01/2016, and the Electronic Information and Transaction Law (ITE Law). This research uses a normative legal research method with a statutory approach that prioritizes legal materials in the form of laws and regulations as the main reference. Data collection techniques are carried out through library research, analyzing relevant regulations and related literature. The results show that although these regulations already exist, the implementation of supervision and law enforcement is still weak, resulting in many violations harming consumers. Stricter supervision from OJK, strict sanctions against illegal fintech providers, and increased education to the public about their rights as consumers are needed. With more effective supervision and clearer regulations, it is hoped that the online lending industry can develop healthily and provide benefits without harming consumers.
The Influence of Organizing Sports Events on Economic Growth in Indonesia During the Endemic Transition Period Arfah Naila Rahmah; Irwan Triadi; Handoyo Prasetyo
International Journal of Law, Crime and Justice Vol. 2 No. 2 (2025): June : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v2i2.617

Abstract

This study aims to analyze the influence of organizing sports events on economic growth in Indonesia during the endemic transition period and legal regulations on sports events during the endemic transition period. Using normative juridical and normative empirical methods with a qualitative approach, this study examines relevant legal norms, such as the Indonesian Sports Law, on the influence of the country's economy in organizing sports events. Data were obtained from documentation of primary and secondary legal sources and interviews to understand the factors of economic growth through the sports industry. The results of this study indicate that the influence on economic growth through organizing sports events in Indonesia during the endemic transition period has not been fully accommodated by existing regulations. During the endemic transition period until now, the government and several sectors that work together to boost economic growth in Indonesia have not maximized the existing opportunities. However, with the weak implementation of regulations even though regulations regarding the sports industry have been written in the law. So that inappropriate implementation can hinder economic growth, as well as the occurrence of individuals who violate and damage existing facilities and the occurrence of budget efficiency in 2025 also affect the implementation of sports events. This study recommends that the government, private sector, and community collaborate to improve infrastructure evenly and maintain and build local and international appeal through the sports industry to become a source of foreign exchange for the country like developed countries.
Legal Certainty of Intellectual Property That Becomes an Object of Debt Collateral in Bank Financial Institutions According to Government Regulation Number 24 of 2022 Arif Budi Kusuma; Suherman Suherman
International Journal of Law, Crime and Justice Vol. 2 No. 2 (2025): June : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v2i2.618

Abstract

The purpose of this study is to understand the form of intellectual property regulation that is the object of debt collateral in bank financial institutions and the form of execution of intellectual property that is the object of debt collateral in bank financial institutions in the event of default according to Government Regulation Number 24 of 2022. This study uses a normative legal research method with a statutory regulatory approach and a conceptual approach. The legal materials used include primary legal materials in the form of legislation covering intellectual property and collateral, secondary legal materials in the form of interviews with Rikson Sitorus as Chair of the Legal Analyst Working Group for Copyright and Industrial Design, DJKI, Ministry of Law and Human Rights and Muhammad Fauzy as Coordinator of Intellectual Property Facilitation II, Ministry of Tourism and Creative Economy/Baparekraf, scientific papers and related documents. The validity of legal materials is carried out by harmonizing legal materials in order to find the suitability of legal materials with the issues being answered. Based on the research results, it was found that: (1) Intellectual Property as an object that has a movable and intangible nature, the same as other property rights, can be transferred and assigned to other parties, such as being used as a credit guarantee object by the owner of the intellectual property. PP 24 of 2022 opens up opportunities for all types of IP to be used as bank collateral. (2) Execution of IP as Collateral can be carried out by; if the collateral is bound by fiduciary, it can be executed following the provisions contained in the Collateral Law, if using a contract in creative economic activities, the settlement process is carried out based on the provisions of the existing contract, if using the right to collect in creative economic activities, the right to collect can be executed by demanding payment through a legal process in accordance with the existing agreement.
Reconstruction of Regional Government Authority in Mining Management Post Law No. 23 of 2014: Legal Review Based on Hans Kelsen's Theory Tiara Oktavia Namira Daud; Erman I. Rahim; Suwitno Yutye Imran
International Journal of Law, Crime and Justice Vol. 2 No. 2 (2025): June : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v2i2.620

Abstract

This article examines the shift in local government authority over mineral and coal mining management following the enactment of Law Number 23 of 2014 on Regional Government. The transfer of authority from regency/city governments to provincial and central governments has created normative disharmony between the Regional Government Law and the Mining Law, resulting in legal uncertainty at the implementation level. Using a normative juridical approach and Hans Kelsen’s theory of the hierarchy of norms, this article analyzes the legal validity of the transfer and identifies structural conflicts within the legal system. The findings indicate that the current regulation lacks both hierarchical consistency and functional clarity. Therefore, a reconstruction of the legal framework for mining governance is required to balance the principle of legality with the concept of regional autonomy. A model of limited delegation, sectoral regulatory harmonization, and the application of multilevel governance are proposed as key recommendations to ensure a fair, effective, and constitutional relationship between central and local governments.
Law Enforcement and Managerial Criminal Responsibility in Corruption of People's Business Credit Distribution at BRI Bone Pantai Unit Yahya Boudelo; Dian Ekawaty Ismail; Erman I. Rahim
International Journal of Law, Crime and Justice Vol. 2 No. 2 (2025): June : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v2i2.621

Abstract

This study discusses law enforcement against corruption crimes that occur in the process of providing People's Business Credit (KUR) facilities at the BRI Bone Pantai Unit as well as the form of criminal responsibility from the management of the banks involved. Through a normative-empirical approach, this study illustrates the weak internal supervision system of banks and the inefficiency of coordination between law enforcement that causes state losses of billions of rupiah. The findings show that the modus operandi in the form of data engineering and abuse of authority is carried out by bank employees in collaboration with external parties. The law enforcement carried out has not touched the structural roots of the weaknesses of the banking system and business ethics in the distribution of KUR. In the context of Lawrence M. Friedman's theory of legal systems, aspects of the structure, substance, and culture of the law show a failure to guarantee accountability and prevention. Therefore, the reconstruction of law enforcement needs to involve systemic improvements, the strengthening of management's criminal responsibility, and the strengthening of the capacity of the bank's internal supervisory institutions so that public trust in the KUR program can be restored.
The Role of Forensic Auditors in Proving Corruption Cases Rifki Rinaldi Ongi; Dian Ekawaty Ismai; Suwitno Yutye Imran
International Journal of Law, Crime and Justice Vol. 2 No. 2 (2025): June : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v2i2.625

Abstract

This article aims to analyze the role of forensic auditors in the process of proving corruption crimes in Indonesia, as well as the quality of evidence produced by forensic auditors in supporting law enforcement. This study uses a normative legal approach with legislative analysis and a comparative approach. The results of the study indicate that forensic auditors play a very significant role in detecting, uncovering, and preventing corruption through investigative auditing. Forensic auditors are not only involved in the process of gathering evidence related to financial crimes but also serve as expert witnesses who provide strong evidence in court. The quality of evidence provided by forensic auditors depends on their professional competence and the application of systematic analysis techniques, as well as the importance of collaboration with other law enforcement agencies. There is a need for improved regulation, ongoing training, and closer synergy between forensic auditors and legal institutions to strengthen the eradication of corruption in Indonesia.
Action Criminal Corporation In Criminal Law Formulation Policy Perspective Ismaidar Ismaidar; Zahra Syavica
International Journal of Law, Crime and Justice Vol. 2 No. 2 (2025): June : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v2i2.627

Abstract

The role of corporations dominates everyday life, let alone increased privatization. It is no longer the country that provides the needs, but the corporation. Corporations can increase state and labor wealth, but the revolution of economic and political structures has grown large corporate corporations too dependent on corporations so that countries can be dictated to their interests. Based on the above background, then the problem arises how the current criminal law policy formulation in the face of corporate crime, then how the application of criminal law enforcement for this against corporations that conduct criminal acts and how the policy of criminal law formulation in the face of corporate criminal acts in the future which will come. The research method used in this thesis is normative juridical by using secondary data. Data collection is done by collect and analyzing library materials and related documents. Furthermore, the data are analyzed normatively qualitatively by way of interpreting and constructing statements contained in documents and legislation. The conclusion of this study is that the regulation of corporate criminal sanctions contained in the four laws is inconsistent. The inconsistency in the determination or imposition of the maximum penalty punished on corporations are also the absence of uniformity in determine when a corporation can be said to commit a criminal offense, uniformity in the arrangement of who May be accountable or prosecuted and convicted, US well as the formulation of a criminal type that May be punished on corporation that commits a crime.
Nominee Agreements as Instruments of Fraud in Educational Foundations : Criminal Responsibility of Foundation Organs for Misappropriating Land Assets Ownership Michael Giovanni Joseph; Handoyo Prasetyo; Heru Sugiyono
International Journal of Law, Crime and Justice Vol. 2 No. 2 (2025): June : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v2i2.629

Abstract

This study examines the use of nominee agreements as instruments of fraud within Indonesian foundations that operate private educations.  This research focuses on how foundation organs use the foundations to buy land assets for themselves and evade liability. The problem addressed is the gap between civil‐law façade and underlying criminal intent, whereby Patrons, Management, and Supervisors transfer land ownership out of the foundation’s name through a simulated agreement called nominee contracts. The research aims to analyze how these contracts facilitate systemic fraud and to propose a legal framework for holding both individuals and the foundation itself criminally accountable. A doctrinal‐normative method is employed, involving analyses of statutory provisions (Foundation Law, the old and the new Criminal Code), internal regulations, and key court decisions (e.g., Gunung Muria University, Al‐Hilaal Ambon, Morning Star). Findings reveal that nominee agreements consistently conceal intent to defraud, that existing legal provisions are underutilized or applied piecemeal, and that criminal courts have been reluctant to dissolve offending foundations despite clear evidence of strafbaarfeit (criminal act) by the foundation. The main synthesis highlights the necessity of a consistent approach by the law enforcement and the court to interpret nominee‐based transfers as criminal acts to prevent further asset diversion. The study concludes that integrating civil and criminal frameworks, along with strengthening oversight and enabling immediate dissolution of fraudulent foundations, is essential to safeguard public interest and restore trust in the nonprofit sector.

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