cover
Contact Name
Febri Adi Prasetya
Contact Email
garuda@apji.org
Phone
+6281269402117
Journal Mail Official
Jumadi@apji.org
Editorial Address
Perum Cluster G11 Nomor 17 Jl. Plamongan Indah, Pedurungan, Kota Semarang 50195, Semarang, Provinsi Jawa Tengah, 50195
Location
Kota semarang,
Jawa tengah
INDONESIA
International Journal of Law, Crime and Justice
ISSN : 30471370     EISSN : 30471362     DOI : 10.62951
Core Subject : Social,
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
Reconstruction of BAZNAS Siak legislation in Addressing Family Poverty : A Maqasid Sharia Perspective Taufik Taufik; Khairunnas Rajab; Khairunnas Jamal; Almi Jera; Tohirin Tohirin
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.v2i2.632

Abstract

According to BPS data, in 2024, the poverty rate in Siak Regency reached 5.08% of a total population of 487.67 thousand. Family poverty is a major challenge in Indone-sia’s social development. As the official institution managing zakat, BAZNAS plays a strategic role in alleviating poverty. However, the current zakat regulations do not ful-ly support a family-based approach to zakat distribution. This study aims to formu-late a legislative reconstruction model for BAZNAS based on the Maqasid Syariah, ensuring that zakat distribution is more equitable, effective, and has a systemic impact on the welfare of poor families. Employing a qualitative normative approach and Maqasid Syariah theory, the study finds that the restructuring of BAZNAS regula-tions should emphasize the dimensions of protection for religion (din), soul (nafs), intellect ('aql), lineage (nasl), and wealth (mal), with the family as the fundamental unit of society. Family poverty is not merely a matter of economic incapacity; it also encompasses the failure to meet basic needs related to education, health, and social protection. Religious institutions like BAZNAS possess a constitutional and reli-gious mandate to manage zakat professionally. However, the current management and legislation of zakat have not been holistically oriented towards the sustainable empowerment of poor families. Within the framework of Maqasid Syariah, zakat is not only an obligatory act of worship but also a socio-economic instrument designed to safeguard five essential components: religion, soul, intellect, lineage, and wealth. Therefore, it is imperative to reconstruct zakat regulations in a manner that is attuned to contemporary needs and capable of addressing the challenges of family-based poverty.
Legal Protection of Child Victims of Sexual Crimes in the Perspective of Criminal Law Sri Utami; Hepy Krisman Laia; Muhammad Arif Sahlepi
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.v2i2.633

Abstract

This study examines legal protection for child victims of sexual crimes from a criminal law perspective. Using a normative approach and literature review, this study aims to determine the legal protection for child victims of sexual violence, factors that influence the occurrence of sexual violence against children, and efforts to prevent sexual violence against children. The results of this study indicate that Indonesia has a responsibility to protect child victims of crime. Law Number 23 of 2002 in conjunction with Law Number 35 of 2024 in conjunction with Law Number 17 of 2016 concerning Child Protection provides a basis for protection that includes children's rights, protection from violent crimes and discrimination, and fulfillment of their dignity and honor. Special protection is given to child victims of sexual violence through rehabilitation, protection of victim identity, guarantee of safety for victim witnesses, and accessibility to case developments. Criminal sanctions for perpetrators of sexual violence against children are regulated in the Law and the Criminal Code. In handling cases of sexual violence, the role of forensic medicine is crucial in terms of collecting the necessary evidence. The principle of diversion is also applied in handling cases of sexual violence involving minors. Serious coordination between the police, prosecutors, and judges is needed to eradicate sexual violence against children. In closing, this study presents a general overview of legal protection for child victims of sexual crimes from a criminal law perspective. Efforts continue to be made to strengthen the protection and prevention of these crimes through coordination between institutions and effective law enforcement.
The Urgency of Regulatory Reform in the Treatment of Narcotics Abusers Following Immediate Arrests Mohamad Adam; Fenty U. Puluhulawa; Dian Ekawaty Ismail
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.v2i2.638

Abstract

The purpose of the study was to analyze the legal status of narcotics abusers after the hand-holding operation. This type of research is normative legal research with a legislative approach, a case approach and a conceptual approach. The analysis used in this study is qualitative data analysis through the management of legal materials in a deductive way. Based on the research, the results of the research were obtained that in Law Number 35 of 2009 concerning Narcotics, it is stated that after the arrest operation or after the seizure, within a minimum of 3 x 24 hours an evidence test must be carried out to ensure the narcotic content found, then this can have implications for the legal status of a person arrested in the arrest operation. A person caught in a narcotics case can have several possible legal statuses, including; as an arrested witness, if he is only at the scene of the incident without direct evidence of his involvement; as a suspect, if there is preliminary evidence that he possesses or uses narcotics; as a person without legal status who is temporarily detained, if his status is still waiting for the results of laboratory tests of evidence. Therefore, it is necessary to update regulations through the revision of the Narcotics Law which must contain clear time limits on how a person who is caught must be treated before the results of the evidence test come out..
Legal Sanction Application against Perpetrators of Verbal Sexual Harassment (Catcalling) in Indonesia Mohammad Ridhoni Djafar; Fenty U Puluhulawa; Zamroni Abdussamad
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.v2i2.669

Abstract

Catcalling or verbal sexual harassment is a social phenomenon that is rampant in Indonesia. It involves unwanted sexualized remarks that dehumanize the victim and can have a psychological impact. Although Law Number 12 of 2022 on Criminal Acts of Sexual Violence (UU TPKS) has regulated non-physical sexual harassment in Article 5, its application in the field still faces various obstacles. This study aims to determine the legal formulation of the application of sanctions against perpetrators of verbal sexual harassment (catcalling). This research uses an empirical normative approach. The results show that the legal formulation of the application of sanctions against perpetrators of verbal sexual harassment has progressed with explicit regulation in Article 5 of Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence (TPKS Law). To realize substantive and effective justice, it is necessary to improve the formulation of sanctions, integrate non-criminal sanctions, increase the capacity of law enforcers, and strengthen public education.
Legal Analysis of Saddam Hussein's Individual Responsibility in the Subject of International Law Elvita Septia Liza; Padrisan Jamba
International Journal of Law, Crime and Justice Vol. 2 No. 1 (2025): March : 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.v2i1.677

Abstract

This article analyzes Saddam Hussein's individual responsibility as a subject of international law based on crimes committed during his rule in Iraq. Saddam Hussein was charged with various serious crimes such as war crimes, crimes against humanity, and genocide. This review covers relevant international legal instruments, Saddam Hussein's trial process, as well as criticism of the legitimacy and fairness of the trial. This research highlights the importance of applying the principle of individual responsibility in international law to uphold justice and prevent impunity for state leaders who commit serious violations. Apart from that, this article also discusses the challenges faced by the international justice system in dealing with cases involving heads of state, as well as the implications of court decisions for the development of international law and global human rights enforcement. In this way, this study seeks to provide a deeper understanding of the evolution of international criminal responsibility, as well as its role in preventing similar atrocities in the future.
The Implementation of Restorative Justice in Cases Involving Corporate Perpetrators Farman, Eka; Suherman, Suherman; Farid , Muhammad; Maskur, Maskur; Syamsuddin, Syamsuddin; Musmuliyadin, Musmuliyadin
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.v2i2.679

Abstract

This normative legal study examines the potential and challenges of implementing restorative justice approaches in cases involving corporate perpetrators within Indonesia's criminal justice system. The research employs statute, conceptual, and case approaches to analyze legal principles, norms, and court decisions related to corporate criminal liability and restorative justice mechanisms. Through comprehensive literature review of international academic databases and examination of Indonesia's legal framework, including the New Criminal Code of 2023 and Prosecutor's Regulation No. 15 of 2020, the study reveals that restorative justice offers a transformative alternative to traditional retributive models by prioritizing restoration, rehabilitation, and reconciliation between corporate offenders, victims, and affected communities. The dual track system selective model emerges as the most appropriate framework for corporate restorative justice implementation, enabling selective application while maintaining prosecutorial discretion for serious offenses. However, significant challenges persist, including the absence of specific regulatory frameworks for corporate actors, structural complexities arising from the non-personified nature of corporate entities, and profound power imbalances between corporations and victims that threaten process integrity. The study demonstrates that successful implementation requires comprehensive legal reforms, enhanced institutional capacity, robust victim support mechanisms, and safeguards against corporate manipulation. The research concludes that while restorative justice holds considerable promise for enhancing corporate accountability and victim restoration, effective implementation is contingent upon establishing clear legal frameworks, technical guidelines, and protective measures that address inherent power asymmetries between corporate offenders and their victims.
Legal Protection and Enforcement of Securities Dilution by Issuers in the Technology Business Sector with Multiple Vot-ing Rights Stock Classification after Initial Public Offering (IPO) Raisha Cantika Mutiara; Aurora Jillena Meliala; Heru Sugiyono
International Journal of Law, Crime and Justice Vol. 2 No. 3 (2025): September : 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.v2i3.687

Abstract

This study examines the legal protections and enforcement mechanisms against securities dilution in technology‐sector issuers adopting multiple voting rights stock classifications following an initial public offering (IPO) under Indonesia’s Financial Services Authority Regulation No. 22/POJK.04/2021. It addresses two core issues: the adequacy of minority shareholder safeguards embedded within the regulatory framework and the nature and extent of share dilution experienced by existing investors in dual‐class structures. Employing a normative legal research design with a doctrinal approach, the analysis draws on primary sources including UU No. 40/2007, UU No. 4/2023, POJK 22/POJK.04/2021, issuer prospectuses, and PT GoTo Gojek Tokopedia’s 2022–2024 annual reports complemented by secondary literature and tertiary legal references. Findings reveal that POJK 22/POJK.04/2021 integrates quantitative limits (a 90 percent cap on aggregate superior voting rights), procedural safeguards (minimum 5 percent ordinary‐shareholder quorum and independent renewal approval), temporal constraints (10‐year sunset clause), and one‐share‐one‐vote requirements for critical corporate actions, alongside a novel graduated voting ratio system. The GoTo case study underscores persistent misalignment between cash‐flow and voting rights, marked by significant share price volatility and reliance on share buybacks rather than dilutive issuances. While the regulatory framework is comprehensive, its efficacy is contingent on robust enforcement, transparency of indirect ownership, and institutional maturity. Empirical evaluation of post‐IPO dilution events, minority litigation outcomes, and enforcement actions is recommended to assess real‐world impacts.
Restrictions on Judicial Review Rights for State Administrative Officials: A Critical Perspective on Constitutional Court Deci-sion No. 24/PUU-XXII/2024 Annisa Dwi Lestari; Taufiqurrohman Syahuri; Ahmad Ahsin Thohari
International Journal of Law, Crime and Justice Vol. 2 No. 3 (2025): September : 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.v2i3.688

Abstract

Restricting judicial review (peninjauan kembali) for state administrative officials through Constitutional Court Decision No. 24/PUU-XXII/2024 represents a pivotal shift in Indonesia’s administrative justice framework. This study critically examines the constitutional, theoretical, and comparative dimensions of that decision, situating it within the principles of equality before the law and due process enshrined in the 1945 Constitution. Employing a normative-qualitative design grounded in doctrinal analysis and comparative law methods, the research analyzes primary sources including the 1945 Constitution, Law No. 5 of 1986 on State Administrative Courts, Law No. 14 of 1985 on the Supreme Court, and the Constitutional Court’s decision and is supplemented by relevant academic literature. Findings reveal that the decision undermines procedural equality by asymmetrically restricting state entities’ access to extraordinary remedy mechanisms without addressing systemic enforcement deficiencies. Comparative analysis with French, German, and Thai administrative law systems demonstrates that modern rechtsstaat states preserve substantive justice through inclusive access to judicial review while enforcing robust procedural safeguards. The study concludes that targeted institutional reforms such as establishing an autonomous executorial agency, enacting contempt-of-court legislation, strengthening ombudsman oversight, and enhancing judicial education offer more constitutionally sound solutions to improve compliance with administrative court rulings. It further underscores the crucial role of rechtsvinding and proportionality in reconciling procedural limitations with constitutional mandates for substantive justice and legal certainty.
Wederrechtelijk Study on the Treatment of Cadavers in the World of Medical Education Sri Indarwati Mista'i Sjaf; Herowati Poesoko; Miftahul Munir
International Journal of Law, Crime and Justice Vol. 2 No. 3 (2025): September : 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.v2i3.720

Abstract

The practice of anatomical corpse (cadaver) surgery in medical education has an important value to improve the understanding and skills of medical students related to the anatomy of the human body. However, uncivilized acts of the corpse in this practice can raise legal and ethical issues. This study aims to analyze whether the practice is in accordance with the principles of law, ethics, and respect for the corpse, as well as how the act of treating the corpse uncivilized can be categorized as an unlawful act (wederrechtelijk). The research uses a normative approach with primary, secondary, and tertiary legal analysis, including the Criminal Code, Law Number 17 of 2023 concerning Health, and Regulation of the Minister of Health Number 38 of 2022. The results of the study show that there is a gap in norms related to legal uncertainty in regulating the treatment of corpses in the practice of medical education. Existing norms have not explicitly provided detailed guidance on uncivilized acts, thus opening up space for multiple interpretations. The uncivilized treatment of corpses violates the principles of respect for human dignity as stipulated in criminal law and medical ethics. Therefore, systematic legal interpretation and regulatory reform are needed to provide legal certainty, protect the rights of the corpse, and ensure that the practice of medical education runs in accordance with the principles of ethics, law, and respect for the corpse. This study provides recommendations to strengthen regulations and ethical education in the use of cadavers in order to maintain public trust in the medical profession.
Data Arbitration in the Digital Economy: The Need for a Specialized Data Dispute Arbitration Forum in Indonesia Firman Nurdiyansyah Sunandar; Andri Herman Setiawan; Ahmad Juaeni; Johannes Triestanto
International Journal of Law, Crime and Justice Vol. 2 No. 3 (2025): September : 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.v2i3.722

Abstract

The rapid expansion of Indonesia’s digital economy and the enactment of the Personal Data Protection Law (Law 27/2022) have exposed significant shortcomings in the resolution of data-related disputes under existing judicial and administrative frameworks. Public adjudication of sensitive data conflicts can erode trust, impose reputational damage, and delay reparative outcomes, while courts often lack specialized expertise in technology and privacy. Drawing upon international precedents including the European Data Protection Board’s Article 65 GDPR mechanism, the EU–US Data Privacy Framework arbitration annex, and the European Patent Office’s data-protection arbitration rules this study examines the urgency and feasibility of establishing a dedicated Data Dispute Arbitration Forum in Indonesia. Through comparative analysis, it identifies core design elements such as expert-appointed tribunals, streamlined online procedures, confidentiality safeguards, clear enforcement under the New York Con-vention, and mechanisms for restorative remedies beyond fines. Anchored in Pancasila’s social-justice ethos and Indonesia’s ADR law (Law 30/1999) and ITE Law, the proposed institutional architecture integrates online dispute resolution (ODR) protocols, data-minimization and cybersecurity guidelines, and publicly anonymized award publication to foster legal certainty and raise awareness of data-protection obligations. A stakeholder impact assessment demonstrates that such a forum would benefit individual data subjects through low-cost, expeditious relief; controllers and processors through predictability and trade-secret protection; regulators through expert findings; and foreign investors through alignment with global data-governance standards. By aligning domestic legal values with international best practices, the specialized forum promises to bolster enforcement, restore public trust, and strengthen Indonesia’s competitiveness in the global digital marketplace.

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