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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 168 Documents
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Asset Division Agreement as a Condition for Polygamy Permission: Reformulation of Law Number 1 of 1974 M. Syam'un Rosyadi; Erfaniah Zuhriah; Ahmad Izzuddin; Hafiza Samath
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.v2i4.824

Abstract

This study aims to analyze the importance of regulating property division agreements as a requirement in polygamy permit applications, using the approach of Aristotle's theory of justice, as well as maqā ṣ id al- syarī'ah in Islamic law. The type of research is normative, which includes conceptual and philosophical analysis of law, as well as comparative research on property regulation practices in the family law system. The study shows that the practice of polygamy tends to result in economic inequality, neglect of the rights of the first wife and children, and legal conflicts related to the ownership and division of joint property. There are two approaches to property division: equal distribution of property and division of property based on contribution. The results indicate that the contribution-based approach is fairer and more relevant to modern society, especially since women are increasingly involved in household expenses. The principle of sadd al-dzarī'ah also states that this agreement is very important as a preventive measure against possible damage that occurs in the household. Practically, this study proposes the implementation of regulations in state law to require property division agreements as a formal requirement in polygamy permit applications. Combining western and Islamic values of justice within a socially just family law framework is the main focus of this research.
Government Awareness Review: The Form of Parliament's Accountability for the 17+8 Demands as a Form of Accelerating Public Solidarity Amaliya, Fadhilatul; Pembayun, Dewi Sekar; Roozan, Tiara Jelita Andalusianti; Aequo, Najwa Justitia; Fathiya, Anindya Rahma
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.v2i4.827

Abstract

The 17+8 demands voiced by the public reflect the accumulation of disillusionment with various government policies and violations committed, especially by the House of Representatives (DPR). Policies that are considered unfair and detrimental to the public trigger a strong push to carry out reforms that are more democratic and oriented towards the interests of the people. Various factors such as human rights violations, lack of transparency and accountability, economic inequality, and polemics related to official allowances are the main triggers for the birth of these demands. The demands of 17+8 not only contain burdens or criticisms, but also contain short-term and long-term goals that can be the basis for improving governance. This momentum should be seen as a strategic opportunity to strengthen democracy, improve state-citizen relations, and restore public trust. If these demands are taken seriously, the government has the potential to reduce the legitimacy crisis and improve the quality of public services. On the contrary, ignoring such demands can deepen public distrust and worsen political stability. Thus, the demands of 17+8 are an important signal for the need for structural change and a real commitment to realizing a fairer, more transparent, and responsive government.
The Role of Expert Opinions at the Investigation Stage in Efforts to Uncover Illegal Gold Mining Crimes Based on Article 120 of the Criminal Procedure Code in West Kalimantan Susi Turti; Adi Nur Rahman
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.v2i4.829

Abstract

This study examines the critical role of expert opinions from the Ministry of Energy and Mineral Resources (ESDM) during the investigation phase in uncovering gold mining without permit (PETI) crimes under Article 120 of the Indonesian Criminal Procedure Code (KUHAP) in West Kalimantan. The research employs a normative-empirical approach, analyzing legal provisions, government reports, and judicial practices to assess how ESDM experts contribute to establishing the material truth of PETI cases. Findings reveal that expert opinions are indispensable for verifying the absence of permits, assessing environmental damage, and quantifying state losses, thereby strengthening evidentiary frameworks for prosecutors and judges. However, challenges persist, including coordination gaps between law enforcement and ESDM, insufficient technical capacity among investigators, and potential threats to expert independence. The study concludes that optimizing the use of ESDM expertise is not merely procedural but strategic for effective, accountable, and just enforcement against PETI, which remains a significant threat to national resource sovereignty and environmental sustainability.
Comparative Study of Divorce in Islamic Family Law and Buddhist Ethics Fery Suryono
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.v2i4.837

Abstract

This research undertakes a comparative analysis of the concept of divorce within the frameworks of Islamic Family Law and Buddhist Ethics. Marriage, recognized as a profound bond of both physical and spiritual union, holds significant value in both religious traditions. However, contemporary social realities reveal a high incidence of divorce, prompting a critical examination of the legal and ethical mechanisms governing its dissolution. Within Islamic jurisprudence, divorce (talak) is permitted but considered detestable by Allah, governed by stringent procedural mechanisms including talak (the husband’s right), khulu’ or gugat cerai (the wife’s right to initiate), and fasakh (judicial intervention). These processes carry clear legal implications concerning the waiting period (iddah), the possibility of reconciliation (rujuk), and the division of marital property. Conversely, while Buddhism does not explicitly prohibit divorce, the teachings of the Buddha strongly encourage spouses to exhaust all avenues for peaceful conflict resolution before considering separation as a last resort. The ethical framework in Buddhism grants equal rights to both parties to dissolve the marriage. This study employs a qualitative descriptive analytical method through library research, drawing upon primary legal texts such as Indonesia’s Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law (KHI) for Muslims, alongside the Vinaya Pitaka for adherents of Buddhism. The findings indicate that while both traditions view divorce as a final option, they diverge fundamentally in their legal structures; Islamic law establishes specific, gender-differentiated rights and obligations, whereas Buddhist ethics emphasize mutual consent and personal responsibility without formal legalistic procedures. The research concludes by recommending that couples, regardless of faith, prioritize reconciliation and peace, aligning with the core principles of both religions, and urges policymakers and legal practitioners to promote harmonious family life and reconsider legal frameworks that might better serve the welfare of children and families.
The Rule Of Law, The Constitution, And Democracy In In-donesian State Administration Practice Haryoko Bambang Widjayanto; Yoga Tri Hartanto
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.v2i4.838

Abstract

Indonesia constitutionally declares itself as a state based on the rule of law as mandated in Article 1 paragraph (3) of the 1945 Constitution after the amendments. This principle requires that governance and law enforcement be conducted under constitutional supremacy, legal certainty, equality before the law, and an independent judiciary. However, various political interferences, regulatory inconsistencies, and discriminatory legal practices continue to undermine these ideals. This research examines: (1) the effectiveness of the hierarchy of legislation and judicial review mechanisms by the Constitutional Court (MK) and the Supreme Court (MA) in preventing regulatory conflicts and discriminatory law enforcement; and (2) the extent to which the rule of law principle post-amendment has been manifested in equal protection before the law and judicial independence. Using a normative legal research method with statute, conceptual, case, and historical approaches, this study finds that although constitutional reforms have strengthened checks and balances and judicial authority, the persistence of selective and politically influenced law enforcement indicates that equality before the law has not been consistently implemented. Strengthening institutional integrity, improving regulatory harmonization, and ensuring the judiciary’s independence remain crucial to realizing Indonesia’s constitutional aspirations as a democratic state governed by the rule of law.
Loss of Advocates' Immunity Rights Due to Violations of Professional Ethics in the Case of Razman Arif Nasution April Naufal Anggraeni; Aldi Darmawan; Ismi Rusyanti
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.v2i4.839

Abstract

The right to immunity for advocates is an important instrument to ensure that advocates can practice their profession freely, especially in defending clients' interests in court, without being disturbed by legal threats. However, this right is not absolute and can be lost if the advocate violates the code of ethics or harms the dignity of the court, as in the case of Razman Arif Nasution, which raised questions about the balance between professional protection and ethical responsibility. This paper aims to examine the limits of the right to immunity for advocates in the context of violations of professional ethics, as well as explore its legal implications for the disciplinary mechanisms of advocate organizations. The method used is normative juridical, with a statute approach and a case study approach. The study findings indicate that advocate protection must still be linked to compliance with professional ethics, so that in practice disciplinary mechanisms have a strategic role in upholding professionalism.
Revive Pancasila: A Strategy to Foster a Generation Loyal to Pancasila in the Era of Globalization Ety Isworo; Yoon Tae-min
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.v2i4.842

Abstract

We give thanks to the presence of God Almighty because, by His abundant grace and blessings, this course material has been compiled as a form of commitment to instill and develop the noble values of Pancasila among the younger generation, especially students. In the midst of the tide of globalization bringing various changes and challenges, it is important for us to hold firmly to the fundamental values that serve as the identity and foundation of the Indonesian nation. Pancasila — as the state foundation and national ideology — should not only serve as a formal symbol of the nation, but must become a moral guide in attitude, thought, and action. In the context of a global society, students are required not only to be intellectually and professionally capable, but also resilient in upholding Pancasila-based national values. Through this material, it is hoped that students will be able to understand, internalize, and actualize the values of Pancasila concretely in campus life, social life, and even in the global sphere. Character education based on Pancasila becomes the key in shaping a generation who are integrous, empathetic, competitive, and uphold the values of humanity, democracy, and justice. In closing, may this material become a real contribution in shaping a young generation who are not only knowledgeable, but also have noble character — as a manifestation of the true Pancasila generation.
Criminal Liability of Parents for Traffic Accidents by Minors Reza Reyzaldy; Dian Ekawaty Ismail; Erman I. Rahim
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.v2i4.858

Abstract

The purpose of this study is to analyze the settlement of criminal cases on the liability of parents for negligence that results in minors becoming perpetrators of traffic accidents. This type of research is normative legal research with a statutory approach, a case approach and a conceptual approach. The analysis used in this study is a descriptive analysis. has not explicitly regulated the criminal liability of parents for accidents committed by children, although Civil Code Article 1367 has provided a basis for civil liability, and the new Criminal Code through Article 37 opens up opportunities for the application of the principle of vicarious liability. This study recommends the need to reconstruct the Indonesian criminal law regulation which explicitly establishes a model of parental criminal responsibility based on the principle of vicarious liability and the principle of Radbruch legal certainty, without overriding the principle of child protection in the SPPA Law.

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