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INDONESIA
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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Analysis of Digital Employment Contracts on Gig Economy Platforms: Between Flexibility and Exploitation Andri Herman Setiawan; Firman Nurdiyansyah Sunandar; 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.v2i3.723

Abstract

This research examines the legal framework governing digital employment contracts on gig economy platforms, with particular focus on the tension between operational flexibility and worker protection within the Indonesian legal context. The study employs comparative legal analysis methodology, exam-ining Indonesia's regulatory approach against international frameworks including the European Union's Platform Work Directive (2024), California's AB5 legislation, France's flexicurity model, and Spain's Rider Law. The research analyzes the employment status classification challenges faced by approximately 2.5 million Indonesian gig workers who operate within a legal gray area between traditional employment and genuine self-employment. The investigation reveals that Indonesia's current regulatory framework lacks comprehensive provisions addressing platform-mediated work relationships, creating significant legal ambiguity regarding worker rights and protections. Through comparative analysis, the study demonstrates that jurisdictions implementing presumption-based employment tests, such as California's ABC test, have successfully reduced misclassification by reversing the burden of proof onto hiring entities. The research identifies that the absence of clear classification criteria in Indonesian law undermines constitutional principles of social justice and equal protection as enshrined in Articles 27(2) and 28D(2) of the 1945 Constitution.The study concludes that Indonesia requires adaptive legislation that establishes rebuttable presumptions of employment for platform workers while maintaining appropriate flexibility for genuine entrepreneurial activities. The primary legal insight reveals that effective regulatory frameworks must in-corporate algorithmic transparency requirements, collective bargaining mechanisms, and social security provisions. The research recommends implementing a presumption-based classification system similar to the ABC test, coupled with mandatory platform engagement with elected worker representatives on tariffs and working conditions, thereby ensuring fundamental labor protections without stifling technological innovation.
The Low Income of Lecturers Sparks a Worsening Crisis Among University Educators A. Junaedi Karso
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.v2i3.738

Abstract

According to Law Number 6 of 2023, which stipulates a maximum of 40 working hours per week, a survey conducted by the Kompas Daily Data Journalism Team reveals that the average working hours of lecturers in Indonesia reach 69.64 hours per week throughout 2024. This data highlights a significant discrepancy between the legal provisions and the reality of lecturers' workloads. Despite the law setting limits, many lecturers at Indonesian state universities are facing workloads that far exceed the stipulated working hours. These workloads consist of teaching responsibilities, research, community service, campus administration, and even side jobs, making it clear that the working conditions for lecturers are far from ideal. Moreover, the low salaries, especially for lecturers in private universities, have severe implications not only on individual welfare but also on the broader educational system. The low income of lecturers contributes to a looming teaching crisis on campus, which will inevitably affect the quality of education and lecturer performance. This crisis is further reflected in public sentiment. Google Trend data shows a sharp increase in searches for the phrase "don't be a lecturer," reaching a peak of 100 at the end of January 2025, indicating a growing disillusionment with the profession. In addition, a staggering 76.5% of lecturers have side jobs outside of their academic duties. The most common side jobs include consulting (32.4%), teaching (18.9%), research (16.2%), and writing (2.7%). A smaller percentage (5.41%) are engaged in informal work, such as being online motorcycle taxi drivers. These figures reveal the heavy burden on lecturers to seek additional income, which ultimately compromises their focus and performance in their primary academic roles.
Legal Consequences of Debtor Bankruptcy on Recipient Agreements Made Prior to Bankruptcy Based on Law Number 37 of 2004 Laia, Felix Otaris; Martono Anggustin; Roida Nababan
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.v2i3.731

Abstract

This study explores the legal consequences of bankruptcy on reciprocal agreements made prior to the debtor’s declaration of bankruptcy, as governed by Law Number 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations. In the event of bankruptcy, control and management of the debtor's assets are transferred to a curator, which can alter the implementation of reciprocal agreements that have not been fully or partially fulfilled. According to Article 36 of Law No. 37/2004, parties who have agreements with the debtor can request confirmation regarding the continuation of the agreement from the curator within a specified period. If the curator decides not to continue, the agreement is terminated, and the other party has the right to claim compensation and will be recognized as a concurrent creditor. This study also examines the legal protection available to the parties involved, as well as the practical implications for legal and business relationships after a bankruptcy decision is made. The findings demonstrate that bankruptcy significantly affects the performance of reciprocal agreements, necessitating adjustments to the rights and obligations of all parties based on the provisions of the Bankruptcy Law. These adjustments are essential to ensuring justice and legal certainty for all parties involved in such agreements, balancing the interests of creditors, debtors, and other stakeholders. Ultimately, the study emphasizes the importance of understanding the legal framework surrounding bankruptcy and its consequences on ongoing contractual relationships, as well as the need for a fair and transparent process in dealing with claims and obligations post-bankruptcy.
Protection of Victims of Bullying Crimes in Traditional Crim-inal Law Murshal Senjaya
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.v2i3.728

Abstract

In the customary law system, there is a pattern of punishment and prosecution which is more or less similar to the Islamic legal system, where the role of the victim's family is very important in determining whether or not the perpetrator will be prosecuted and punished. In customary law, legal settlements are carried out with an emphasis on togetherness or harmony. Settlement of criminal cases, especially bullying through customary law, is a process of resolving cases outside of court which consists of first, a mediation system with a consensus approach through deliberation. Second, the restorative justice system is a case resolution system with the aim of restoring the situation that arose for the victim so that a sense of brotherhood between each party is re-established. This system produces an agreement that is a win-win solution, guarantees the confidentiality of the parties' disputes, avoids delays caused by procedural and administrative matters, and resolves problems comprehensively together and while maintaining good relations. Thus, these customary sanctions do not provide legal protection and fulfillment of children's rights for children who are victims of sexual violence. In sexual crimes against children, children are positioned as victims who experience detrimental impacts, namely physical and psychological harm. Therefore, it is mandatory to be protected, not judged.
Legal Responsibility of Debitur to Creditors For Acts Against the Law in Credit Agreements : (Study of Decision Number 1060/Pdt.G/2023/PN Mdn) Wilda Hilda Riska Laia; Roida Nababan; Besty Habeahan
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.v2i3.736

Abstract

Agreement is one of the most important sources of engagement in civil law. In practice, agreements become the legal basis for parties to regulate mutual rights and obligations. As in credit agreements where credit agreements are one of the most common forms of agreements in banking practices and financing activities in Indonesia. This agreement becomes the legal basis for the relationship between creditors and debtors in the context of providing loan facilities. This article discusses the juridical aspects of credit agreements, starting from the elements of a valid agreement, the principles that underlie it, to the legal consequences that arise in the event of default or unlawful acts by one of the parties. The research was conducted using a normative juridical method that focuses on analyzing laws and regulations, especially the Civil Code and the Banking Law. The results of the study show that credit agreements are not only civilly binding, but also contain potential criminal law consequences in the event of misuse. Therefore, it is important for the parties to understand the contents and legal consequences of the credit agreement thoroughly.
Empowering Village Government in Realized Village Autonomy According to Law Number 6 of 2014 Concerning Villages : Case Study of the Natumingka Village Government, Borbor District, Toba Regency Yoel Marsada Simanjuntak; Hisar Siregar; Januari Sihotang
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.v2i3.753

Abstract

This study examines the empowerment of village governments in realizing village autonomy as regulated in Law Number 6 of 2014 concerning Villages, with a case study focus on the Natumingka Village Government, Borbor District, Toba Regency. The law affirms villages as government entities that have the authority to regulate and manage community interests based on ancestral rights and local autonomy, which aims to strengthen democratic, participatory, and independent village governance. This study also examines changes and improvements to regulations that occurred with the enactment of Law Number 3 of 2024 Jo, which emphasizes the strategic role of villages in national development and optimizes the authority and support for the empowerment of village government officials and their communities.
The Paradox of Vandalism : Fossil Fuel Dependence in Germany and International Juridical Review Arvi Safira Febrianti
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.v2i1.327

Abstract

The Industrial Revolution in the late 18th to 19th century in England and Europe marked the beginning of the widespread use of fossil fuels in manufacturing, mining, and agriculture. By 2015, global fossil fuel consumption had reached 93.7 million barrels per day, with an average increase of 1.9 million barrels per year, driven by the rapid growth of the transportation and oil industries. However, 20 of the world's largest fossil fuel-producing countries, including Germany, plan to increase production by up to 110% by 2030, exceeding the limit required to restrict global warming to 1.5°C. This production level is 69% higher than needed to keep global temperatures below 2°C. These conditions have triggered protests, including acts of vandalism by the activist group "Letzte Generation" in Germany, as a form of resistance against the massive use of fossil fuels.
Criminal Acts Against Indonesian Migrant Workers : A Study on Law Enforcement and Legal Protection Gabriel Simson Tamba; Revo Christanto; Fadlan Fadlan; Erniyanti Erniyanti
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.v2i1.332

Abstract

This study examines the complex challenges surrounding criminal acts perpetrated against Indonesian migrant workers and evaluates the effectiveness of current law enforcement mechanisms and legal protection frameworks. The research analyzes both domestic and international legal instruments designed to protect migrant workers, with particular focus on their implementation and practical outcomes. Through a comprehensive assessment of case studies, legal documents, and enforcement data, this study reveals significant gaps between established legal protections and their actual enforcement. Key findings indicate that Indonesian migrant workers frequently face various forms of criminal exploitation, including physical abuse, fraud, human trafficking, and unlawful confinement, while working abroad. The study identifies several systemic barriers to effective legal protection, including jurisdictional complexities, limited access to legal resources, inadequate bilateral agreements, and weak enforcement mechanisms in both sending and receiving countries. Furthermore, the research highlights the critical role of government agencies, diplomatic missions, and non-governmental organizations in providing legal assistance to victimized workers. The study concludes by proposing concrete recommendations for strengthening the legal protection framework, enhancing international cooperation in law enforcement, improving access to justice for migrant workers, and developing more robust preventive measures against criminal exploitation.
Juridical Aspects Of Protecting Students And Teaching Staff From Sexual Violencein Higher Education Abd. Sani, Muh. Adriansyah; Akili, Rustam Hs.; Moonti, Roy Marthen
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.v2i1.339

Abstract

Sexual violence in the university environment is a significant challenge in creating a safe and supportive educational atmosphere. This phenomenon is influenced by unequal power relations, patriarchal culture, and lack of understanding and application of legal protection. Regulation of the Minister of Education, Culture, Research and Technology Number 30 of 2021 is presented as a legal framework to prevent and handle sexual violence in higher education, with strategic steps such as the formation of the Task Force for the Prevention and Handling of Sexual Violence (PPKS Task Force). This research aims to examine the juridical aspects of protecting students and teaching staff from sexual violence, analyze the implementation of regulations, and identify obstacles faced in their implementation. This research uses a normative-juridical method, which prioritizes the analysis of laws and regulations, legal documents, and related legal theories. The results show that although the regulation has provided quite detailed guidelines, its implementation still faces challenges in the form of social stigma, lack of resources, and gaps between policy and practice. The conclusion of this study emphasizes the importance of continuous evaluation and education to improve the effectiveness of regulations and encourage universities to become agents of change in the fight against sexual violence.
Harmonization of PPPK Principal Appointment Regulations : Normative Legal Perspective Candra Husein Puji Putra; Ivan Widjaja; Abdul Rokhim
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.v2i1.344

Abstract

This research aims to analyze the potential legal conflicts arising from the mismatch between the employment contract of Government Employees with Work Agreements (PPPK) and the applicable regulations related to the appointment of school principals. The method used in this research is normative legal research with a statutory approach to examine related regulations. Data collection consists of primary legal materials from laws, secondary materials from legal journals, and tertiary materials as supporting references. The analysis used a qualitative normative method to interpret the data in a comprehensive legal context. The results show significant legal uncertainty regarding the status and rights of PPPK in strategic positions, especially in the school principal position. The inconsistency of regulations regarding tenure and legal protection for PPPKs creates potential conflicts that can affect their career stability and performance. Recommendations regarding legal harmonization and clearer regulations are proposed to ensure legal certainty and protection for PPPKs in strategic positions.

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