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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 Import Duty Policy On the Protection of the Local Industry Sector: (Cross-Country E-Commerce Case Study) Luthfi Annashrul, Fajar; Arnanda Arnanda; Salsa Abrilia, Rista; Novalita Aurelia, Vanessa
International Journal of Law, Crime and Justice Vol. 1 No. 4 (2024): December : 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.v1i4.298

Abstract

The analysis of import duty policies on the protection of the local industry sector, especially in the context of cross-border e-commerce, has become very relevant amid the rapid development of digital trade. This study aims to evaluate the impact of import duty policies implemented by the Indonesian government on local industries and Micro, Small and Medium Enterprises (MSMEs). With increasing access to imported goods through e-commerce platforms, the challenges for local products are growing. New policies that regulate the amount of import duties, including the possibility of high tariffs, are expected to suppress the inflow of foreign goods that can harm domestic industries. Through this case study, it is hoped that an effective solution can be found to create a balance between the protection of local industries and ease of access for consumers in the digital era. The findings of this study are expected to provide better policy recommendations to support the growth of the domestic industrial sector.
Effectiveness Implementation Law Protection Consumers : Case Study of Consumer Disputes in Indonesia Elisabeth Saragih; Yasmirah Mandasari Saragih; MH Fauzan; Lasma Sinambela; Kaaisar Romolus Deo Sianipar
International Journal of Law, Crime and Justice Vol. 1 No. 4 (2024): December : 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.v1i4.300

Abstract

This study aims to analyze the effectiveness of consumer protection law implementation in Indonesia, particularly through a case study approach on disputes between consumers and business actors. The research employs a qualitative method with normative and empirical juridical approaches. Data were obtained from legal documents, case reports, and interviews with relevant stakeholders. The findings reveal that although consumer protection regulations are comprehensive, their implementation faces challenges, such as low public legal awareness, weak law enforcement, and insufficient support from consumer protection institutions. This study recommend strengthening legal education, increasing the capacity of relevant institutions, and simplifying dispute resolution mechanisms.
Obstacles in Implementing Whiping Punishment for Violators of Islamic Law in Simeulue Regency Musmulyadi Musmulyadi; Ismaidar Ismaidar; Tamaulina Tamaulina
International Journal of Law, Crime and Justice Vol. 1 No. 4 (2024): December : 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.v1i4.301

Abstract

Aceh Province is the only one in Indonesia that is given the authority to implement Islamic law in all aspects of community life. One aspect that is of concern to the Aceh government is the enforcement of Islamic law. Where, if there is a violation of Islamic law, the perpetrator will be subject to sanctions in the form of ta'zir with a punishment of caning in accordance with the level of his/her guilt after receiving a final verdict from the Aceh Sharia Court. This study uses a qualitative approach with a literature study type of research. In this case, the researcher examines various existing literature related to the implementation of caning punishment, both from books, journals, articles, and even print and electronic media. The results of the literature study show that the implementation of caning punishment in Aceh faces various obstacles in the form of limited budget, human resources, and rejection from many parties who view the implementation of caning punishment as contrary to respect for Human Rights (HAM).
The Validity of the Belis Marriage is Related yo the Right to Inherit Land in Hambapraing Village, East Sumba Regency Arnold Paul Kurniawan Djae; I Nyoman Sukandia; I Wayan Kartika Jaya Utama
International Journal of Law, Crime and Justice Vol. 1 No. 4 (2024): December : 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.v1i4.304

Abstract

Because there is a shift in the meaning of belis from a cultural tradition to something that is considered a burden and burdensome for men as the party who gives belis, this also causes the giving of belis to not be carried out in full before the marriage takes place. So from this it is very good to examine if the belis is not fully implemented whether the heirs' rights for the heirs will be obtained. Rather than this, this study uses an empirical legal research method by using a conceptual approach. Where the source of data for this research is obtained through primary data obtained through the results of interviews, observations and documentation. Secondary data is obtained through applicable laws and regulations. The data source is then analyzed with description techniques and legal discovery techniques in the field. The result of this study is that if the marriage status of the belis that has not been paid in full in Hambraping village, then the man will be obliged to prepare land and land for the woman who is in the village which is usually called Laku Longgamai which means that the woman is not allowed to visit the man's house and is only allowed once a month if the woman returns to her biological parents' house,  It is also not allowed to stay overnight and stay overnight.
Strategy For Improving Awareness And Legal Compliance In National Legal Guidance Irwan Triadi; Indra Hendrawan; Ahmad Haris Junaidi; Dimas Yanuarsyah
International Journal of Law, Crime and Justice Vol. 1 No. 4 (2024): December : 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.v1i4.308

Abstract

Legal awareness and compliance are fundamental pillars of national legal development, aimed at establishing a just, effective, and responsive legal system that aligns with societal dynamics and development needs. This study identifies strategies to enhance legal awareness and compliance at individual, institutional, and corporate levels through a normative juridical approach, analyzing key elements of the legal system—legal substance, legal structure, and legal culture—based on Lawrence Friedman’s theory. The research highlights the importance of legal audits as a strategic tool for assessing regulatory compliance and ensuring the implementation of Good Corporate Governance in public institutions and business entities. Strengthening the regulatory framework for legal audits, including legitimizing the legal auditor profession, is essential to ensure independent, objective, and credible assessments, fostering public trust, business confidence, and legal system stability. By bridging gaps between legal formulation and implementation, legal audits contribute to a conducive business environment, enhanced national competitiveness, and effective legal development that supports Indonesia’s vision as a secure, just, and prosperous state.
Juridical Analysis Of Court Decision Number 542/Pdt.P/2023/Pn.Smg Concerning Guardianship Of Minors For Inheritance Of Shares Hendricus Andrianto; Setiyowati Setiyowati; Aniek Tyaswati Wiji Lestari
International Journal of Law, Crime and Justice Vol. 1 No. 4 (2024): December : 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.v1i4.309

Abstract

This research examined the rationale behind guardianship stipulations for minors and aspects of inheritance law in Indonesia, particularly concerning the inheritance of shares to children. Through an analysis of the Semarang District Court Decree Number 542/PDT.P/2023/PN.SMG, which stipulates that the petitioner, as the biological father of his children, must still obtain a legally valid and legitimate guardianship stipulation from the court. This study used a normative juridical method with a descriptive-analytical approach, aimed at understanding the legal considerations of judges in determining guardianship and its juridical implications on children's rights. The research findings indicate that court-determined guardianship is a crucial step in providing legal certainty and protecting children's rights in shared inheritance. The juridical implications of such stipulations include legitimizing the guardian's actions, oversight against abuse of power, protection of the child's assets, and management of shareholder rights in companies. This study concludes that court-determined guardianship is a critical instrument in ensuring legal protection for minors in the context of shared inheritance.
Validity Of Statement Of Sale and Purchase Of Land Above a Seal In Transfer Of Land Rights Koedho Mahan Yirangkat; Johan Erwin Isharyanto
International Journal of Law, Crime and Justice Vol. 1 No. 4 (2024): December : 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.v1i4.310

Abstract

Problems arise when the seller and buyer have died while the land that is the object of the sale and purchase is controlled by a third party. The formulation of the problem is as follows: 1) How is the validity of a land sale and purchase statement above the seal in the transfer of land rights? 2) What are the legal considerations of the panel of judges in the Pati District Court Decision Case Number 7 /Pdt.G/2023/PN. Pti.? 3) What are the legal consequences for the parties to the Pati District Court Decision Case Number 7/Pdt.G/2023/PN. Pti ? This study used a normative legal research approach. The data analysis used was a qualitative approach to secondary data as the main and primary data as supporting data. The results of the study show that the validity of the land sale and purchase statement letter above the seal in the transfer of land rights can be seen from the fulfillment of two requirements; general and special requirements. The legal consideration of the panel of judges in the Pati District Court Decision Case Number 7/Pdt.G/2023/PN.Pti. is that the Defendant's actions in controlling a plot of land recorded in the Village Book C Number 870, Plot Number 24 Class D1 covering an area of 270 M2 located in RT 002 RW 005 Tunjungrejo Village, Margoyoso Sub-District, Pati Regency are against the law. The legal consequences for the parties to the Pati District Court Decision Case Number 7/Pdt.G/2023/PN.Pti is that the Plaintiff has the right to control a plot of land as recorded in the Village Record Number 870, Plot Number 24 Class DI Area 270 M2, located in Rt 002 Rw 005 Tunjungrejo Village, Margoyoso Sub-District, Pati Regency, and the Defendant and the third party were ordered to vacate the land belonging to Ah Djumadi or his heirs which was the object of the dispute.
Legal Review of Legal Protection for Children Born Out of Wedlock Based on Constitutional Court Decision Number 46/PUU-VIII/2010: Implications of Constitutional Court Decision No. 46/PUU-VIII/2010 on the Rights of Children Born Out of Wedlock Elis Yesika br Rajagukguk; Roida Nababan; Sovia Simamora
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.v2i3.755

Abstract

This research examines the legal safeguards for children born outside of marriage in Indonesia after the release of Constitutional Court Decision (MK) No. 46/PUU-VIII/2010, which represented a pivotal shift in national family legislation. Up until now, children born outside of marriage have frequently encountered bias and unfair treatment, both socially and legally. The Constitutional Court (MK) Decision No. 46/PUU-VIII/2010 marks an important advancement in enhancing the civil status of children born outside of marriage, establishing connections not just with their mother and her relatives, but also with their biological father if scientifically validated, for instance, via DNA testing. In this research, the author will examine how judges define legal protection for children born outside of marriage in light of Constitutional Court Decision No. 46/PUU-VIII/2010 and how this decision is executed in legal practices and everyday life, especially concerning the acknowledgment of rights for children born outside of marriage and the obligations of their biological fathers.This study uses a normative research method with a legislative approach and a case approach.  Data was collected through library research covering primary, secondary, and tertiary legal materials, namely by collecting legal materials through studies of books, journals, legal research results,  as well as various official institutional documents such as regulations and other literature relevant to the issues being studied.  The research findings indicate that legal protection for children born out of wedlock needs to be further strengthened through legal reform, public education,  and legal recognition and validation mechanisms, so that the basic rights of children can be optimally fulfilled in accordance with human rights principles and applicable laws and regulations.
Political Reconstruction of Justice of Juvenile Criminal Law in the Diversion Mechanism in the Investigation Process Parman Gultom; Fauzie Yusuf Hasibuan; Maryano Maryano
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.v2i3.756

Abstract

This study examines the political reconstruction of fair juvenile criminal law in the diversion mechanism at the investigation stage in Indonesia. The background of the research departs from the gap between the empirical conditions (das sein) and the ideal conditions (das sollen) mandated by the Law on the Juvenile Criminal Justice System UU SPPA and the principle of the best interest of the child in the Convention on the Rights of the Child. The research method used is normative legal research with legislative, case, and comparative approaches. The results of the study show that the implementation of diversion faces obstacles in substance, structure, and legal culture: procedural uncertainty, limited capacity of apparatus, lack of supporting facilities, and weak coordination across institutions. This research offers a reconstruction of legal politics in these three domains at once substance, structure, and culture so that diversion truly becomes an instrument of restorative justice that restores, not punishes. The scientific contribution of this article lies in the formulation of a multi-layered policy model, the elaboration of performance indicators for the implementation of diversion at the investigation stage, as well as a matrix of operational recommendations for stakeholders at the police, prosecutor's office, court, and child social service institutions.
Legal Protection For Customer Data Security In Internet Banking Systems: Evaluating Legal Frameworks for Customer Data Protection Ayu Margareth R. Sitinjak; Martono Anggusti; 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.v2i3.757

Abstract

This study discusses legal protection for customer data security in internet banking systems in Indonesia, especially after the enactment of various related laws and regulations. The purpose of this study is to analyze how legal protection is applied and the legal measures that can be taken by customers if their data is not protected. The research method used is normative legal research with a qualitative approach, through data collection from secondary sources such as laws, legal literature, and official documents. The final findings show that although legal protection has improved with the existence of relevant laws, there are still challenges in its implementation. Customers have the right to file complaints and legal claims in the event of a data breach, which includes complaint procedures with banks and the Financial Services Authority. Compliance with regulations and the principles of legal justice are essential to maintaining public trust in the banking sector.

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