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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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An Inconsistent Corrective Path: The Constitutional Court's Role as a Positive Legislator in Designing Indonesia's Simultaneous Elections Hanif Alfattah; Lita Tyesta Addy Listya Wardhani
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.v2i3.758

Abstract

This research examines the design of simultaneous elections in Indonesia as its main research object, a crucial discourse spurred by the persistent inefficiencies of a separated election model that produced divided governments. The discourse is marked by the shifting jurisprudence of the Constitutional Court (MK). The primary problem addressed is the Court’s jurisprudential inconsistency, which creates significant legal uncertainty for election organizers and political actors. Therefore, the objective of this research is to critically analyze the evolution of the Court's rulings on this matter and their impact on its shifting role into a positive legislator. This study employs a normative-juridical method, focusing on the doctrinal analysis of primary legal materials, particularly the series of relevant Constitutional Court rulings. The analysis reveals an inconsistent jurisprudential journey, starting from an activist stance that imposed a five-ballot simultaneous model through Ruling 14/PUU-XI/2013, with the aim of strengthening the presidential system. Then, in response to the systemic chaos and humanitarian costs of the 2019 election, the Court retreated to an "open legal policy" doctrine in Ruling 55/PUU-XVII/2019, exhibiting judicial self-restraint by deferring the choice of an alternative model to the legislature. Finally, it abandoned this position in a final interventionist decision, Decicion 135/PUU-XXII/2024, which stipulated a specific model separating national and regional elections. The main finding confirms that this latest ruling positions the MK as a positive legislator, significantly overstepping its traditional judicial authority. It is concluded that although the final ruling substantively produces a more rational election design, its inconsistent formation process has fundamentally undermined the principles of legal certainty and the balance of powers, thereby creating a problematic precedent for the future of Indonesia's constitutional governance.
Implications of Extension of the Term of Office of the Village Head Based on Law No. 3 of 2024 Concerning the Second Amendment to Law No. 6 of 2014 Concerning Villages Towards the Principles of Democracy in Kerato Village Rizka Febriana; Syarif Dahlan; Noviana Noviana
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.v2i3.760

Abstract

Regulatory changes through Law No. 3 of 2024 concerning the Second Amendment to Law No. 6 of 2014 stipulate an extension of the village head's term of office from six to eight years. This policy is intended to strengthen leadership stability and the sustainability of village development, but also raises concerns regarding reduced leadership circulation, weakened community political participation, and increased potential for abuse of power. This research uses empirical legal methods with sociological, conceptual, and case-based approaches, conducted through field observations and in-depth interviews with village officials, community leaders, MSMEs, and residents of Kerato Village. The results show a diverse response from the community. Some support this policy because it is seen as providing the village head with the opportunity to complete development programs sustainably. However, others reject it, arguing that term extension has the potential to reduce the quality of local democracy, limit leadership regeneration, and reduce the frequency of community political participation. The discussion emphasizes the dilemma between village government stability and the principles of participatory democracy. In conclusion, this policy is ambivalent: positive in maintaining development continuity, but risky for accountability and community participation. Therefore, strengthening the function of the Village Consultative Body (BPD), transparency, and effective oversight mechanisms are very necessary to maintain the balance between government stability and village democracy.
Review Of Laws and Decisions of the Indonesian Competition Commission on Notification Obligations Patricia Mutiara
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.v2i3.762

Abstract

This article examines the legal consequences of a delayed notification of a share acquisition under Indonesian competition law, focusing on the case of PT X's takeover of PT Y. The central issue is PT X's failure to report the acquisition to the Commission for the Supervision of Business Competition (KPPU) within the mandated 30-day period, as stipulated by Law Number 5 of 1999 and its implementing regulation, Government Regulation Number 57 of 2010. The notification was submitted with a significant delay of 2,023 days, a clear violation of the statutory requirements. As a result of this non-compliance, the KPPU, through its Decision No. 31/KPPU-M/2020, imposed an administrative fine on PT X amounting to IDR 1,050,000,000.00 (one billion fifty million rupiah). Beyond the direct financial penalty, the violation led to severe indirect repercussions, including significant reputational damage, which threatened to erode investor confidence and disrupt existing business relationships. The KPPU's firm and consistent enforcement in this case highlights the critical function of the post-merger notification system in Indonesia as a preventative mechanism to assess transactions that could lead to excessive market concentration. The decision underscores the legal principles of transparency, fairness, and accountability that underpin Indonesian competition law. This case serves as a powerful deterrent, signaling to all business actors that non-compliance will not be tolerated. Ultimately, such rigorous enforcement is crucial for fostering a culture of legal adherence, maintaining market integrity, and building a more transparent and competitive business ecosystem that supports sustainable economic growth in Indonesia.
Legal Review of Legal Protection for Motorcycle Owners in Cases of Embezzlement and the Responsibility of Related Parties Alfathin Zakiy; Syahranuddin Syahranuddin; Rahul Ardian Fikri
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.v2i3.766

Abstract

This study analyzes the legal review of legal protection for motorcycle owners in cases of embezzlement. To anticipate the development of society in relation to changes in crime, efforts can be made to plan the creation of criminal law that accommodates all the dynamics of society. This is a policy issue, namely regarding the selection of means in regulating social life. The crime of theft is regulated in the Criminal Code book II chapter XXII Articles 362 to Article 367. Indonesia is a country that is included in the category of developing countries and of course cannot be separated from the problems that have been raised above. Crimes that occur in developing countries are still relatively high. Therefore, it is not surprising that the problem of crime or criminality in Indonesia is a result of the life of its people. Crime can be interpreted criminologically and juridically. One example of a crime is the crime of embezzlement which is regulated in Articles 372 to 377 of the Criminal Code.  The normative juridical research method with a descriptive approach, this study reveals that legal protection for motorcycle owners in embezzlement cases is based on Article 372 of the Criminal Code and Law Number 8 of 1981 concerning Criminal Procedure Law. The concept of imposing criminal penalties on embezzlement crimes in Indonesia. Article 372 of the Criminal Code and Law Number 8 of 1981 concerning Criminal Procedure Law. Thus, the judge sentenced the defendant to 3 (three) years in prison.
Evaluation of Wonogiri Regency Regional Regulation Num-ber 3 of 2018 concerning the Implementation of Welfare in Wonogiri Aziz Widhi Nugroho; Retno Eko Mardani
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.v2i3.769

Abstract

The implementation of social welfare is a directed, integrated, and sustainable effort carried out by the government, local governments, and the community in the form of social services to meet the basic needs of citizens. Wonogiri Regency has stipulated Regional Regulation Number 3 of 2018 concerning the Implementation of Social Welfare as a form of commitment to improve social welfare in its area. This study aims to analyze and evaluate the effectiveness of the implementation of these regulations using normative and empirical legal approaches, as well as qualitative descriptive analysis based on primary and secondary data. The results of the study show that although this Regional Regulation is an important instrument in the implementation of social welfare, it has not been able to answer all the dynamics and actual challenges. The channels, objectives, and benefits of the program have not been optimally accommodated, and there are weaknesses in the development of technical regulations that should be followed up through the Regent Regulation. With the age of seven years, this Regional Regulation is considered less relevant to current needs and needs to be updated to be able to accommodate social developments and ensure the effectiveness of the implementation of social welfare as a whole and sustainable in Wonogiri Regency.
Legal Protection against Use of a Person's Face as a Meme or Stickers on WhatsApp without Permission Hanuring Ayu; Annisa Safinatun Nikmah; Ismiyanto Ismiyanto; Ariy khaerudin; Femmy Silaswaty
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.v2i3.772

Abstract

Development technology information , especially use WhatsApp application , has bring up phenomenon use stickers and memes as means expression in digital communication . However , misuse face somebody without permission in meme form or sticker cause problem serious law . Research This aim study provision related laws in Indonesia editing and distribution face individual without consent , use method study normative based studies library . Study results show that action the violate Copyright Act , Act Information and Electronic Transactions (ITE Law), as well as Constitution Personal Data Protection . Violations This can charged sanctions criminal Because concerning moral rights , rights economy and privacy individual . In addition to the aspects law , abuse this is also influenced by factors economy , environment social , and digital culture of society . Therefore that , is necessary education and enforcement more laws firm in order to create ethical and responsible digital space answer .
The Importance of Consumer Protection in the Insurance Sector in Indonesia Jeki Saroha Tamba; Martono Anggusti; Ria Juliana Siregar
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.v2i3.774

Abstract

Consumer protection plays a crucial role in the insurance industry due to the complex, long-term, and trust-based nature of insurance products. Consumers are often in a vulnerable position because of limited access to information and a lack of understanding of policy terms, which increases the risk of losses, especially during claim settlement processes. This study aims to analyze the factors that influence the importance of consumer protection in Indonesia’s insurance sector and to examine the role of the Financial Services Authority (OJK) as the regulatory and supervisory body in financial services. The findings indicate that low financial literacy, information asymmetry, and the dominance of standard contracts are key factors that underscore the need for consumer protection. Meanwhile, OJK plays a strategic role through regulation, supervision, dispute resolution, and financial education for consumers. This study concludes that the effectiveness of consumer protection in the insurance sector depends largely on the synergy between strong regulations, consistent supervision, and improved public awareness of consumer rights.
Legal Protection of Children Victims of Sexual Violence in the Family : Study of Decision Number 2068/Pid.Sus/2020/PN. Medan Putriani Ndruru; Rahmayanti Rahmayanti; Ismaidar Ismaidar
International Journal of Law, Crime and Justice Vol. 2 No. 4 (2025): 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.v2i4.773

Abstract

Sexual violence within the family is a serious criminal act that not only violates the law but also causes profound physical and psychological suffering for victims. The complexity of such cases increases as the perpetrators are often close family members, resulting in trauma and obstacles in law enforcement. Decision Number 2068/Pid.Sus/2020/PN.Medan serves as the basis for analyzing the extent to which legal protection can be provided to victims. The research problems addressed are: (1) what forms of legal protection are available for victims of sexual violence within the family under Indonesian positive law, and (2) how such protection is implemented in Decision Number 2068/Pid.Sus/2020/PN.Medan. The research method applied is normative juridical with statutory, conceptual, and case study approaches. Data sources include legislation, legal literature, and court decision analysis. The findings reveal that legal protection for victims is regulated under the Child Protection Law, the Criminal Code, and other legal instruments emphasizing preventive, repressive, and rehabilitative measures. The Medan District Court imposed a severe sentence on the perpetrator in accordance with the law; however, protection for victims remains limited to formal aspects without comprehensive psychological recovery programs. In conclusion, the protection of victims of sexual violence within the family has been clearly regulated on a normative basis, but its implementation remains weak. Greater collaboration between law enforcement authorities, child protection institutions, and professionals is necessary to ensure the holistic recovery of victims.
Determining the Criminal Acts on the Agreement with a Series of Lies Krisboy Joe Valentino Purba; Fenty U. Puluhulawa; Dian Ekawty Ismail
International Journal of Law, Crime and Justice Vol. 2 No. 4 (2025): 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.v2i4.816

Abstract

The purpose of this writing is to analyze the enforcement ideally of the criminal act of agreement with a series of lies. This type of research is normative legal research with a legislative approach, a case approach and a conceptual approach. The analysis used in this research is descriptive analysis. The results of the study show that the ideal law enforcement against the crime of agreement with a series of lies must at least pay attention to three main aspects, namely certainty, justice and utility. Therefore, regulatory reconstruction is needed to clarify norms regarding the difference between defaults and fraud, standardize technical guidelines for special investigation of cases of agreements with lies so that the apparatus has a uniform size, strengthen the role of prosecutors in discretion, be able to resolve cases through restorative justice and strengthen legal understanding for the public through legal education or socialization.
Reformulation of the Indonesian Criminal Code (KUHP) Number 1 of 2023 Article 445 Paragraph (1) Item 1: A Lawrence Friedman’s Theory of Justice Perspective Toward a Responsive and Culture-Oriented Criminal Law Jumain Azizi; Roibin Roibin; Zaenul Mahmudi
International Journal of Law, Crime and Justice Vol. 2 No. 4 (2025): 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.v2i4.819

Abstract

This study aims to analyze Article 445 paragraph (1) of the Indonesian Criminal Code (KUHP) Number 1 of 2023, which regulates the criminal act of eloping with a young woman. The provision is considered to be in tension with the social and cultural realities of Indonesian society, particularly the people of Lombok who practice the merariq tradition. Merariq is an ancestral customary practice within marriage rituals involving the consensual elopement of the prospective bride as an integral part of the marriage process. This research uses Lawrence M. Friedman’s legal system theory, which examines three main components of law: (1) the substance of law—normative provisions contained in legislation; (2) the structure of law institutions and law enforcement agencies; and (3) the legal culture values, attitudes, and behavior of society toward law. This study is a normative legal research that treats law as norms, principles, doctrines, and rules. The primary legal material is Article 445 paragraph (1) of the Indonesian Criminal Code. The findings indicate that, from the perspective of legal substance, the article remains ambiguous. Its formulation potentially conflicts with Indonesia’s legal culture, which in practice prioritizes familial and traditional mechanisms for resolving private conflicts. Based on these findings, this study recommends a reformulation of the legal substance to make it more responsive to the socio-cultural context. The reformulation should be grounded in the principles of ultimum remedium and restorative justice, providing space for customary law and local culture as legitimate mechanisms to resolve private disputes. This approach is expected to reduce the disproportionate use of imprisonment and position criminal sanctions as a last resort in law enforcement.

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