International Journal of Law, Crime and 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
Articles
160 Documents
<![CDATA[Political Law in Enforcement Law in Indonesia ]]>
<![CDATA[Ismidar Ismidar]]>;
<![CDATA[Tamauina Br. Sembiring]]>;
<![CDATA[Sri Utami]]>
<![CDATA[ International Journal of Law, Crime and Justice Vol. 1 No. 4 (2024): December : International Journal of Law, Crime and Justice ]]>
Publisher : <![CDATA[Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62951/ijlcj.v1i4.275
<![CDATA[Law is a guideline and rules related to the concept of living in society and will always be in accordance with the conditions of society. Law is a demand to be able to provide justice, meaning that law is always faced with the question of whether law can realize justice. Related to the concept of law, legal politics is interpreted as an activity that determines the pattern and method of forming law, supervising the operation of law, and updating law for the purpose of the State. Therefore, law is a determinant of politics, and is also related to democracy in the sense that political activities are regulated and must be subject to legal rules. Law is viewed from the perspective of das sollen (necessity), viewing that law must be guided by relations between members of society. While those who view it from the perspective of das sein (reality), empiricists see that law is greatly influenced by politics not only in the process of making it, but also in its empirical realities. So that law is influenced by politics and even now legal autonomy in Indonesia is often intervened by politics, not only in terms of its making, but also in its application, both in terms of law enforcement. This study aims to determine the impact of the development of legal politics in the law enforcement system in Indonesia and the existence of legal politics in the law enforcement system in Indonesia. The method used in the study is normative juridical.]]>
<![CDATA[The Effectiveness Of Electronic Signatures In Civil Contracts In The Digital Era ]]>
<![CDATA[Nurmin K. Martam]]>
<![CDATA[ International Journal of Law, Crime and Justice Vol. 1 No. 4 (2024): December : International Journal of Law, Crime and Justice ]]>
Publisher : <![CDATA[Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62951/ijlcj.v1i4.276
<![CDATA[Digital transformation has brought significant changes in various aspects of life, including in the realm of law, especially civil contracts. Electronic signature is one of the important innovations that offer efficiency, flexibility, and convenience in contract transactions in the digital era. This research aims to examine the effectiveness of the use of electronic signatures in civil contracts, especially in terms of legal validity, security, and acceptance by the public and business actors. The results show that electronic signatures in Indonesia have been legally recognized based on Law Number 19 of 2016 amending Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law). However, while e-signatures have great potential to speed up the contracting process, several challenges remain, such as security concerns and resistance among small and medium-sized enterprises (SMEs). Security issues are a major concern, given the risk of cybercrime such as hacking and digital identity forgery. In addition, low digital literacy in the society hinders the widespread adoption of e-signatures.]]>
<![CDATA[Legal Analysis Of Banking Dispute Resolution Through The Consumer Dispute Resolution Agency From The Perspective Of Consumer Protection Law ]]>
<![CDATA[Muhammad Ali Hadidie Parinduri]]>
<![CDATA[ International Journal of Law, Crime and Justice Vol. 1 No. 4 (2024): December : International Journal of Law, Crime and Justice ]]>
Publisher : <![CDATA[Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62951/ijlcj.v1i4.277
<![CDATA[Settlement of banking disputes through BPSK in the protection of banking customers is a legal defect because it is the authority of the Alternative Dispute Resolution Institution for the Financial Services Sector, BPSK is more appropriate for consumer disputes within the scope of industry and trade. The formulation of the problem in this thesis is how is the legal regulation of consumer protection for banking institutions, how is the settlement of banking disputes through alternative institutions in customer protection, and how are the judges' legal considerations in the Supreme Court Decision of the Republic of Indonesia Number 253 K/Pdt.Sus-BPSK/2017. The research method used is descriptive analysis that leads to normative juridical legal research, namely research conducted by referring to legal norms, namely researching library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicate that legal regulation of consumer protection for banking institutions is regulated in Law Number 21 of 2011 and Financial Services Authority Regulation (POJK) Number 1/POJK.07/2013 in conjunction with Number 1/POJK.07/2014. Settlement of banking disputes through alternative institutions in customer protection is settlement by Arbitration between bank customers and the banking sector is the authority of the Alternative Dispute Settlement Institution for the Financial Services Sector. The judge's legal considerations after carefully examining the memorandum of cassation dated December 7, 2016 and the counter memorandum of cassation dated December 28, 2016 are related to Judex Facti's considerations, in this case The Kisaran District Court is not wrong in applying the law because the a quo case is a breach of contract that originates from a credit agreement.]]>
<![CDATA[Government Policy on the Provision of Certificate of Ownership Rights : A Strategic Step for Legal Protection of the Community ]]>
<![CDATA[Putri Amaliah Baderung]]>;
<![CDATA[Fence M. Wantu]]>;
<![CDATA[Nur Mohamad Kasim]]>
<![CDATA[ International Journal of Law, Crime and Justice Vol. 1 No. 4 (2024): December : International Journal of Law, Crime and Justice ]]>
Publisher : <![CDATA[Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62951/ijlcj.v1i4.280
<![CDATA[Since 2017, the Ministry of Agrarian Affairs and Spatial Planning/Head of the National Land Agency has been tasked by President Joko Widodo to complete land registration across Indonesia by 2025 through the Complete Systematic Land Registration Program (PTSL). Based on Ministerial Regulation ATR/BPN Number 12 of 2017, updated with Number 6 of 2018, this program aims to provide legal certainty and protection of land rights for the community. However, many people, especially in North Gorontalo Regency, still do not understand how to obtain land certificates due to a lack of information and education about PTSL. This research aims to explore government policies that provide land ownership certificates as legal protection for the community. Better coordination is needed between local governments and the Ministry of ATR/BPN to raise public awareness of the importance of land certificates, which not only guarantee ownership but can also be utilized as business capital. The PTSL program is expected to improve community welfare and reduce land disputes. Research findings indicate that public understanding in North Gorontalo Regency remains low, with obstacles such as a lack of information, complicated procedures, and limited access. Government policies need to include regulatory simplification and increased transparency as well as public services.]]>
<![CDATA[Politics Of Legislation As Socio-Equilibrium In Indonesia ]]>
<![CDATA[Ismidar Ismidar]]>;
<![CDATA[Tamaulina Br. Sembiring]]>;
<![CDATA[Saphta Nugraha Isa]]>
<![CDATA[ International Journal of Law, Crime and Justice Vol. 1 No. 4 (2024): December : International Journal of Law, Crime and Justice ]]>
Publisher : <![CDATA[Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62951/ijlcj.v1i4.284
<![CDATA[The formation of laws and updates to legal materials must be aimed at realizing social equilibrium , namely an orderly, just and prosperous life. The pattern of communication or dialogue and dialectics that occur in the process of forming legislation will affect the character of the law, the more transparent and participatory the more responsive the law will be. This research method uses normative juridical. The legal policy of legislation should include three things: (i) guarantee justice in society ; (ii) create a peaceful life (create alive placidity ) by maintaining legal certainty; and (iii) realize usefulness (realize use ) by handling real interests in common life in a concrete manner. The application of the principle of justice is based on "legal enforceability" and "equality before the law". The principle of legal certainty is achieved through: (i) clear and firm norming regarding obligations and prohibitions; (ii) legal transparency that prevents society from normative confusion; and (iii) continuity of legal order that provides a reference for future behavior. The principle of utility is based on the ability of law as a social instrument to integrate the aggregation of social interests so that they do not clash with each other, and instead order occurs.]]>
<![CDATA[Effectiveness of Impoverishment Punishment Implementation in Handling Corruption Crimes ]]>
<![CDATA[Yasmirah Mandasari Saragih]]>;
<![CDATA[Rahul Ardian Fikri]]>;
<![CDATA[Nabilah Syaharani]]>
<![CDATA[ International Journal of Law, Crime and Justice Vol. 1 No. 4 (2024): December : International Journal of Law, Crime and Justice ]]>
Publisher : <![CDATA[Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62951/ijlcj.v1i4.285
<![CDATA[Corruption is a serious crime that has a wide impact on economic stability, public trust, and governance. Impoverishment punishment, as a form of alternative sanction, aims to provide a deterrent effect for perpetrators of corruption by confiscating assets obtained illegally. This study analyzes the effectiveness of the implementation of impoverishment punishment in the context of the legal system in Indonesia. The approach used is a normative and empirical study by evaluating existing regulations, case studies of the implementation of impoverishment punishment, and its impact on perpetrators and prevention of corruption in the future. The results of the study show that although impoverishment punishment has the potential to be an effective instrument, its implementation faces various challenges, including weak law enforcement, political resistance, and regulatory limitations. Therefore, legal reform and institutional strengthening are needed to ensure that this punishment can be implemented optimally in efforts to eradicate corruption.]]>
<![CDATA[Development of A System for Monitoring and Evaluating the Performance of Civil Servants in Traffic Law Enforcement Traffic and Road Transportation ]]>
<![CDATA[Yusuf, Cindra Dewi]]>;
<![CDATA[Moonti, Roy Marthen]]>;
<![CDATA[Ahmad, Ibrahim]]>
<![CDATA[ International Journal of Law, Crime and Justice Vol. 1 No. 4 (2024): December : International Journal of Law, Crime and Justice ]]>
Publisher : <![CDATA[Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62951/ijlcj.v1i4.289
<![CDATA[Law enforcement of road transportation traffic is one of the important aspects in maintaining road safety and order. However, the effectiveness of monitoring and evaluating the performance of Civil Servant Investigators (PPNS) in law enforcement is often hampered by unstructured processes and lack of transparency in reporting. This research aims to analyze the role of information technology (IT)-based system development in improving transparency, efficiency, and accountability in monitoring and evaluating PPNS performance. This research uses a qualitative method with a case study approach, which involves analyzing the application of information systems in institutions that handle traffic law enforcement. The results showed that IT systems can improve transparency by providing clear and real-time data access, increase efficiency by speeding up data processing and analysis, and strengthen accountability through auditable digital records. The study concludes that the development and implementation of IT systems in the oversight of PPNS performance not only improves the effectiveness of traffic law enforcement, but also strengthens the integrity and public trust in the institutions that carry out these tasks. The implementation of IT systems is expected to be a strategic solution in improving the quality of public services in the field of traffic law.]]>
<![CDATA[Between Rules and Freedom : A Legal Perspective on Unregistered Marriages for Civil Servants ]]>
<![CDATA[Muhammad Arief Tungkagi]]>;
<![CDATA[Nur Mohamad Kasim]]>;
<![CDATA[Weny Almoravid Dungga]]>
<![CDATA[ International Journal of Law, Crime and Justice Vol. 1 No. 4 (2024): December : International Journal of Law, Crime and Justice ]]>
Publisher : <![CDATA[Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62951/ijlcj.v1i4.290
<![CDATA[This research aims to analyze the role of legislation in addressing cases of unregistered marriages conducted by Civil Servants (PNS). Utilizing a normative legal research method with a statute approach, this study employs library research, expert opinions, and an examination of Government Regulation No. 10 of 1983 in conjunction with Government Regulation No. 45 of 1990 concerning Marriage and Divorce Licenses for Civil Servants. These regulations have a hierarchy that refers to Law No. 16 of 2019 concerning amendments to Law No. 1 of 1974 on marriage. The perspective of this research is to evaluate the extent to which government regulations can control the functions and positions of civil servants as state apparatus faced with freedom of perspective, both from administrative, legal norms, and religious values.]]>
<![CDATA[Influence Political Law in Formation and Enforcement Law in Indonesia ]]>
<![CDATA[Rudi Salam Tarigan]]>;
<![CDATA[Ismaidar Ismaidar]]>;
<![CDATA[Tamaulina Br. Sembiring]]>
<![CDATA[ International Journal of Law, Crime and Justice Vol. 1 No. 4 (2024): December : International Journal of Law, Crime and Justice ]]>
Publisher : <![CDATA[Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62951/ijlcj.v1i4.293
<![CDATA[Indonesia continues to face complex political and legal challenges. The developing political dynamics are a factor that influences the implementation of legal policies based on the principles of justice and the needs of the community. Efforts to improve law enforcement are carried out by accommodating the aspirations of the community, increasing the professionalism of law enforcement officials, and legal institutions. Legal politics is an activity to monitor law enforcement to achieve the goals of the state that has been set. This research aims to discuss the role of legal politics in the formation and enforcement of law in Indonesia. This study uses secondary data, obtained from the literature of journals on legal politics. Conclusion: the implementation of legal policies is sometimes still influenced by the interests of political elites, who use their power to enforce the law. However, this can be prevented by increasing public awareness to monitor law enforcement based on Pancasila values actively.]]>
<![CDATA[Reformation Government and Role Political Law in Forming Public Policy ]]>
<![CDATA[Hotman Manullang]]>;
<![CDATA[Tamaulina Br. Sembiring]]>;
<![CDATA[Ismidar Ismidar]]>
<![CDATA[ International Journal of Law, Crime and Justice Vol. 1 No. 4 (2024): December : International Journal of Law, Crime and Justice ]]>
Publisher : <![CDATA[Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62951/ijlcj.v1i4.294
<![CDATA[Studies This investigate connection between change order manage And strength law-politics Which to form policy public. Studies This explore influence from change governance the current government in progress to design and implementation policy public with background behind reform order manage moment This . For analyze various subject, study This use study qualitative with analysis document And study literature in a way comprehensive. Framework theoretical in study This covers knowledge about governance changes, which include various models and their impacts. At the same time, the idea about dynamics law-politics investigated , highlighted How problem law interact with process political For to form results policy public. Study This to study world post reform through thorough data analysis, analyzing change policy public and its performance. Research This Also to study role component law-politics in making policy, highlighting contribution, obstacle, and the problems that faced. Findings This highlight existence relatedness between reform government And strength legal-political, so that give outlook about landscape policy the public who are developing. Study This add better understanding Good about impact governance changes and complex processes involvement law-politics in development policy public. The maker policy will get benefit from consequence This , Which will give outlook important for order manage And formation more policies effective . The proposal emphasize areas that need achieved in reform future governance and consolidation not quite enough answer law-politics in evolution policy public Which currently ongoing.]]>
