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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 182 Documents
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Reformulating Water Policy: Reaffirming Farmers’ Rights and Developing Climate-Adaptive Governance Post-Constitutional Court Decision Hari Kusuma Yuda Tama; Waluyo Waluyo
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.v2i4.881

Abstract

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Reconstruction of the Provisions on Victims and Heirs of Road Traffic Accident Victims in the Road Traffic Accident Fund Law Bakti Prasetyo; Zaenal Mahmudi; Mustafa Lutfi
International Journal of Law, Crime and Justice Vol. 3 No. 1 (2026): 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.v3i1.887

Abstract

A traffic accident is a social risk event that causes serious losses, either in the form of injury, loss of property, or death of a family member. The State provides protection through the Road Traffic Accident Fund as stipulated in Law Number 34 of 1964 and Government Regulation Number 18 of 1965. However, in practice, the regulation of the status of victims and the coverage of the heirs of the beneficiaries still raises juridical and social problems because they do not fully reflect substantive justice. This study aims to analyze the concept of victims and heirs in the applicable Road Traffic Accident Fund regulations, as well as formulate a more equitable reconstruction of the regulation. This research is normative legal research with a legislative, conceptual, and comparative approach. Analysis is carried out on positive legal norms and social realities that develop in society. The results of the study show that the definition of victim and the limitation of the coverage of heirs in the current positive law are narrow and administrative, so they are less responsive to the complexity of social relations and the economic dependence of the families of traffic accident victims. The mismatch between normative boundaries and social realities has implications for the non-achievement of the goals of social protection and substantive justice. Therefore, this study offers a reconstruction of the interpretation of the concept of victims and an expansion of the coverage of heirs that is more responsive, inclusive, and oriented towards social protection.
Ius Contituedum Regulation of the Substance of Police Repressive Actions in Protests that Result in Riots Ryan Sukma Wibawa; Fence M. Wantu; Dian Ekawty Ismail
International Journal of Law, Crime and Justice Vol. 3 No. 1 (2026): 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.v3i1.911

Abstract

The purpose of the study was to analyze the legality and limits of police repressive actions against protests that resulted in riots. This type of research is normative legal research with a legislative approach, a case approach and a conceptual approach. The analysis used in this study is an analytical descriptive technique. The results of the research show that the law is always used as a guideline in limiting all citizens' behavior to stay on the right path. Protests often lead to riots, destruction of public facilities, attacks on officers, and violations of public order, so that there is a criminal threat for protesters who do not maintain order and security. The regulation of police repressive actions in protests that result in chaos still needs special refinement in the context of protests, among which the substance of repressive actions must also harmonize technological developments and digitalization in security maintenance. The rules need to be updated by adding objective indicators of threats, public accountability mechanisms, transparent documentation obligations, measurable proportionality standards, and room for recovery for victims of abuse of power.
Registration of Deeds of Encumbrance That Exceed the Time Limit in Badung Regency Kadek Ayu Rima Ratnasari; I Made Suwitra; Nengah Renaya
International Journal of Law, Crime and Justice Vol. 3 No. 1 (2026): 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.v3i1.916

Abstract

This study aims to analyze the registration of Deeds of Mortgage (APHT) that exceed the 7 (seven) day time limit in Badung Regency and the legal consequences that arise from this. The research uses empirical legal methods with a legislative, analytical, case, and legal sociology approach. Data was obtained through interviews with PPAT and the Badung Regency Land Office (BPN) as well as a study of secondary legal materials. The results of the study show that delays in APHT registration still occur both through the manual (offline) and electronic (HT-el) systems. The contributing factors include negligence or workload of PPAT, incomplete documents from the parties, administrative obstacles at the Land Office, and technical disruptions to the electronic system. Legally, delays do not invalidate APHT, but they delay the creation of mortgage rights because these rights only have legal force from the date of recording in the Land Registry. As a result, creditors do not obtain preferential rights and full legal protection before registration is carried out. PPATs who are late may be subject to administrative sanctions in accordance with official regulations. Based on the theories of utility, legal protection, and legal certainty, delays in APHT registration reduce the effectiveness of creditor protection and create potential legal uncertainty. Therefore, it is necessary to improve supervision and guidance for PPATs, as well as optimize the HT-el system to ensure legal certainty and protection in the practice of registering Mortgage Rights.
Local Wisdom of Relativity as Living Law in Personal Data Protection: Reconstruction of Islamic Law Ethics against Intimate Digital Crimes in Indonesia Ismed Batubara; Rini Novita; Dhani DS Hasibuan; Hengky Syahyunan; Indra Fajar
International Journal of Law, Crime and Justice Vol. 3 No. 1 (2026): 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.v3i1.924

Abstract

This study aims to examine the influence of local wisdom as a living law on personal data protection behavior, as well as assess the role of Islamic law ethics and digital literacy in the context of intimate digital crime in Indonesia. The background of this research is based on the increasing cases of misuse of personal data in the digital space that have not been fully responded to effectively through formal legal approaches. The method used a quantitative approach with a correlational explanatory design. Data were obtained through the distribution of a questionnaire based on the Likert scale to 150 respondents who were selected purposively, then analyzed using descriptive statistics, Pearson correlation, and simple linear regression. The results showed that local wisdom of alwasliyahan had a positive and significant influence on personal data protection behavior (β = 0.42; p < 0.05). Islamic legal ethics serve as a mediating variable that strengthens the relationship, while digital literacy provides a positive influence at a moderate level. These findings show that the internalization religious and cultural values plays an important role in shaping individual awareness and behavior in protecting personal data in the digital era. The conclusion of this study emphasizes that local wisdom can function effectively as a living law in supporting the protection of personal data. This research makes theoretical contribution the development of the study of Islamic law and the sociology of law, as well as practical implications for policy formulation that integrates formal regulations, cultural values, and digital literacy.
The Impact of Ambivalence of Article 14 of the PTPK Law on the Eradication of Corruption Aminudin J. Dunggio; Dian Ekawty Ismail; Erman I. Rahim
International Journal of Law, Crime and Justice Vol. 3 No. 1 (2026): 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.v3i1.928

Abstract

The purpose of this writing is to analyze Article 14 of Law Number 31 of 1999 jo. Law Number 20 of 2001 concerning the Eradication of Corruption has a delegative character, because its enactment depends on the provisions of other laws that expressly declare a violation as a criminal act of corruption. The construction of these norms in practice gives rise to ambivalence in law enforcement, especially when various acts that are detrimental to state finances occur in strategic sectors that are not explicitly qualified as corruption crimes in sectoral laws. This condition has the potential to create a legal vacuum and hinder the effectiveness of eradicating corruption as an extraordinary crime. This study aims to analyze the practice of implementing Article 14 of the Law on the Eradication of Corruption and examine these provisions from the perspective of legal certainty, justice, and criminal law policy. The research method used is normative legal research with a legislative approach and a case approach. Research data was obtained through literature studies on primary, secondary, and tertiary legal materials that were analyzed qualitatively. The results of the study show that the delegative and limiting nature of Article 14 has implications for the low predictability of the law and opens up ambivalence between norms and law enforcement practices. In reality, law enforcement officials often apply the Corruption Crime Law to acts that are normatively outside the scope of Article 14, taking into account the existence of state financial losses and the interests of substantive justice. Therefore, Article 14 needs to be interpreted systemically and progressively and supported by the reformulation of norms and harmonization of laws and regulations to be in line with the dynamics and complexity of modern corruption crimes.
From Regulatory Gaps to Legal Reform: The Criminalization of Corruption by Private Corporate Officials Abdul Tono; Faizin Sulistio; Alfons Zakaria
International Journal of Law, Crime and Justice Vol. 3 No. 2 (2026): June: 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.v4i3.935

Abstract

This study examines the urgency of criminalizing corruption in the private corporate sector within the Indonesian legal system. Despite Indonesia’s ratification of the United Nations Convention Against Corruption (UNCAC) through Law Number 7 of 2006, the current anti-corruption legal framework remains primarily focused on state losses, leaving a regulatory gap in addressing inter-private corruption. This research employs a normative legal approach to analyze the implications of this legal vacuum on market integrity, corporate governance, and economic development. The findings indicate that the absence of comprehensive regulation on private sector corruption weakens law enforcement, facilitates anti-competitive practices such as cartels and bid rigging, and undermines investor confidence. Furthermore, it disrupts fair business competition, harms shareholders’ interests, and contributes to inefficiencies in resource allocation. The study argues that criminalizing corruption in the private sector is essential not only to fulfill international obligations under UNCAC but also to promote healthy competition, protect public and corporate interests, and support sustainable economic growth. It recommends the formulation of specific criminal provisions addressing private sector corruption, strengthening corporate accountability mechanisms, and integrating enforcement across legal sectors to ensure effective prevention and deterrence.
Legal Protection of Living Law Recognition Reviewed from the Principle of Legality in the Indonesian Criminal Justice System under the Kitab Undang Undang Hukum Pidana (KUHP) Baru Indonesia Arsoni Andana Sitio
International Journal of Law, Crime and Justice Vol. 3 No. 2 (2026): June: 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.v3i2.939

Abstract

The recognition of living law within the Indonesian Criminal Code reform represents a significant paradigm shift in the national criminal law system. This issue becomes crucial as it raises fundamental questions regarding legal certainty and the principle of legality in criminal law. This study aims to analyze the legal protection of living law recognition reviewed from the principle of legality within the Indonesian criminal justice system. This research employs a normative legal method with statutory, conceptual, and comparative approaches. Legal materials are derived from primary sources such as statutory regulations, particularly the new Criminal Code, as well as secondary sources including legal doctrines and scholarly works. The findings indicate that the incorporation of living law into the Criminal Code introduces a flexible legal framework that accommodates local wisdom; however, it simultaneously creates potential tensions with the principle of legality, particularly concerning predictability and clarity of criminal norms. This study recommends strengthening normative boundaries and interpretative guidelines to ensure that the application of living law remains consistent with fundamental criminal law principles.
The Legal Standing and Protection of Leasehold Rights within the Insolvency Estate under Law No. 37 of 2004: A Case Study of PT New Nordic Indonesia’s Bankruptcy Putu Sunari Asih; I Made Deddy Priyanto
International Journal of Law, Crime and Justice Vol. 3 No. 2 (2026): June: 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.v3i2.942

Abstract

This study analyzes the legal standing and implications of lease rights within the framework of bankruptcy proceedings in Indonesia, specifically focusing on the PT New Nordic Indonesia case. Although lease rights are theoretically categorized as personal rights (persoonlijk recht) under the Indonesian Civil Code (KUHPerdata), in modern property industries, they function as high-value economic assets. The primary conflict arises when a debtor’s insolvency disrupts ongoing lease agreements, pitting the Curator’s mandate to maximize the bankruptcy estate (boedel pailit) against the lessee’s right of enjoyment. Using a normative legal research method, this study examines the synchronization between KUHPerdata and Law No. 37 of 2004 (UU KPKPU). The findings indicate that while Article 36 and Article 38 of the UU KPKPU grant Curators discretionary authority to terminate or continue reciprocal agreements, this power is strictly limited by Article 38 Paragraph (3). This provision provides crucial legal protection for lessees—often investors—who have paid rent in advance, ensuring their right to occupy or utilize the asset remains guaranteed despite the owner’s bankruptcy. In the PT New Nordic Indonesia case, the implementation of these provisions is complicated by complex investment schemes involving "rental guarantees." The study concludes that the legal standing of lease rights serves as a vital intersection between the principle of pacta sunt servanda and the collective settlement of debts. Maintaining this balance requires professional integrity from Curators and precise valuation from independent appraisers to ensure justice for both creditors and good-faith third-party lessees.
Investigator–Prosecutor Coordination in Indictment Drafting Under Indonesia's New Criminal Procedure Code: A Juridical Analysis at Purwakarta District Prosecutor's Office Ivander Juahta; Ujuh Juhana
International Journal of Law, Crime and Justice Vol. 3 No. 2 (2026): June: 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.v3i2.944

Abstract

The enactment of Indonesia's Law Number 20 of 2025 on the Code of Criminal Procedure (KUHAP 2025), effective January 2, 2026, introduces a paradigmatic shift in the coordination between investigators and public prosecutors: Article 58 mandates active coordination from the investigation stage, fundamentally departing from the sequential-passive model of the former KUHAP, while Article 70 imposes a strict seven-day deadline for indictment drafting after case files are declared complete. This study examines two interconnected questions: (1) how the legal framework governing investigator–prosecutor coordination is structured under KUHAP 2025 and related legislation; and (2) how that framework is implemented in practice at the Purwakarta District Prosecutor's Office. A normative–empirical mixed-method design was employed, integrating statutory, conceptual, and case-study approaches. Data were gathered through in-depth interviews with prosecutors and investigators at Purwakarta District Prosecutor's Office and Purwakarta Police Resort, case document analysis, and field observation. The theoretical framework combines Lawrence M. Friedman's Legal System Theory and Soerjono Soekanto's Law Enforcement Theory. Findings reveal that KUHAP 2025 delivers substantial normative advancement yet harbours three critical regulatory gaps: the absence of binding technical protocols for implementing mandatory active coordination, the lack of uniform and measurable case-file completeness standards, and no formal mechanism for resolving institutional disagreements on legal interpretation. On the ground, coordination at Purwakarta still operates under the old sequential-passive pattern despite the new law: case-file returns (P-19) remain frequent, driven primarily by absent expert testimony, insufficient factual narration in examination records, and mismatches between charged articles and legal facts. A Friedman–Soekanto diagnostic reveals simultaneous dysfunction across all three legal system components substance, structure, and legal culture with the entrenched 'waiting culture' between the police and the prosecution identified as the most resistant obstacle to reform.

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