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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 210 Documents
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Legal Challenges of Artificial Intelligence Implementation in The Tourism Governance System in Bali Ni Putu Anindya Cahyani
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.v3i2.946

Abstract

This study analyzes the legal challenges of artificial intelligence (AI) implementation in the tourism governance system in Bali, Indonesia, where the rapid adoption of AI technologies such as smart tourism platforms, automated decision-making systems, and data-driven personalization has transformed tourism services but has not been matched by adequate legal regulation. The research employs a normative legal research method with statutory, conceptual, and comparative approaches, examining Indonesian legal instruments including Law No. 10 of 2009 on Tourism and Law No. 27 of 2022 on Personal Data Protection, alongside comparative frameworks such as the EU Artificial Intelligence Act and Singapore’s Model AI Governance Framework. The analysis uses qualitative descriptive interpretation of legal materials to identify regulatory gaps, legal uncertainties, and governance challenges. The findings reveal that Indonesia lacks a specific and comprehensive legal framework governing AI in tourism, resulting in legal uncertainty particularly in relation to accountability, data protection, ethical governance, and institutional coordination. Comparative analysis indicates that other jurisdictions have adopted more structured, risk-based, and principle-oriented AI governance models that could serve as references for Indonesia’s regulatory development. The study concludes that the absence of AI-specific regulation creates significant challenges for legal certainty and governance effectiveness in Bali’s tourism sector, thereby necessitating regulatory reform to ensure a legal framework that integrates principles of transparency, accountability, fairness, and human oversight in AI-based tourism governance systems.
Criminal Liability of COD Couriers As Narcotics Intermediaries: an Analysis of Article 114 of The Narcotics Law And the New Criminal Code Preden Ginting; 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.v3i2.952

Abstract

The proliferation of digital commerce has enabled a new narcotics distribution mode through Cash on Delivery (COD) systems that exploit delivery couriers as intermediaries, systematically obscuring criminal trails and placing intellectual perpetrators beyond immediate risk of arrest. This study analyzes the regulation and application of criminal liability of COD couriers as narcotics intermediaries under Article 114(1) of Law No. 35 of 2009 on Narcotics, reviewed against the New Criminal Code (Law No. 1 of 2023), while critically examining the practice of proving the intent element in Bandung City. A normative-empirical legal method was employed, integrating statutory, conceptual, case-based, and comparative approaches. Empirical data were obtained from the Narcotics Criminal Investigation Unit of Polrestabes Bandung, which handled 92 cases involving 117 suspects across three monitoring periods in 2024. The research reveals that the phrase "acting as an intermediary" in Article 114(1) inherently contains an active will element requiring positive proof of intent. The New Criminal Code's Article 35 codifies the principle geen straf zonder schuld as binding positive law, while Articles 20–22 mandate proportional role differentiation among perpetrators, co-perpetrators, and accessories. In practice, however, investigators apply a presumption of knowledge derived from physical possession and uniformly categorize couriers as full perpetrators without typology assessment. This systemic gap produces over-criminalization that potentially violates suspects' constitutional rights under Article 28D(1) of the 1945 Constitution. The study recommends immediate standardization of mens rea evidentiary procedures, mandatory courier typology identification, and harmonization of the Narcotics Law with the New Criminal Code.
Legal Protection of Temples as Sacred Areas and Tourist Destinations in Bali Gede Parta Wijaya; Johannes Ibrahim Kosasih
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.v3i2.950

Abstract

This study examines the legal protection of temples in Bali as both sacred areas and tourist destinations. Temples hold profound ontological, epistemological, and axiological significance as spiritual centers, cultural heritage, and symbols of Balinese identity. However, the rapid growth of tourism has created tensions between sacred values and economic interests, leading to commodification and violations of customary norms. The research employs normative legal methods to analyze existing frameworks, including Law No. 10 of 2009 on Tourism, Law No. 32 of 2009 on Environmental Protection and Management, Bali Provincial Regulation No. 5 of 2020 on Cultural Tourism, and the Decree of the Central Council of Hindu Dharma Indonesia (PHDI). Findings reveal that while these instruments provide a foundation, they remain insufficient in addressing the dualism of authority between state law and customary law. Theories of legal pluralism and living law highlight the coexistence of state regulations and traditional village norms, emphasizing the need for harmonization. The study concludes that temple protection must integrate formal legal frameworks with local wisdom, ensuring sustainable tourism that respects sanctity, cultural identity, and community participation. This approach strengthens Bali’s position as both a global tourist destination and a center of spiritual civilization.
Civil Liability of Palm Oil Companies for Environmental Damage Aurora Mayawa Rissandjani; Ni Made Jaya Senastri; Ni Komang Arini Styawati
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.v3i2.956

Abstract

This study aims to analyze the harmonization of the principle of strict liability and the principle of onrechtmatige daad in civil liability for environmental damage caused by corporate waste, as well as corporate liability for environmentally friendly products that cause environmental damage. This study employs a normative legal research method using legislative, conceptual, and case-based approaches. The results of the study indicate that the harmonization of these two principles can strengthen the enforcement of environmental law through more effective legal protection for victims of pollution. The principle of strict liability provides an easier burden of proof for victims without requiring them to prove an element of fault, while the principle of onrechtmatige daad continues to serve to assess the existence of a legal violation, negligence, and a causal relationship. Furthermore, the application of strict liability to eco-friendly products plays a crucial role in preventing greenwashing practices, enhancing corporate accountability, and promoting the principles of environmental precaution and sustainability. The harmonization of these two principles reflects the values of justice, legal certainty, and the public interest in achieving environmental protection and sustainable development.
The Alignment of Strike Regulations in Article 256 of the Criminal Code with Human Rights Principles Ameilia, Viera; Rizanizarli; A. Gani, Iskandar
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.v3i2.960

Abstract

The reform of criminal law through Law Number 1 of 2023 concerning the Criminal Code introduces provisions on demonstrations in Article 256, which impose criminal sanctions on organizers who fail to notify authorities when activities potentially disrupt public interest or public order. This provision has generated debate from a human rights perspective due to the ambiguity of the phrase “disruption of public interest” and the broad discretion granted to law enforcement officials. In practice, such discretion is reflected in the prohibition of demonstrations, refusal to issue Acknowledgment of Receipt of Notification Letters (STTP), and even the dissolution of activities, despite the legal framework requiring only notification rather than permission. This study aims to analyze the conformity of Article 256 of the Criminal Code with human rights principles. The research employs a normative juridical method using statutory and conceptual approaches. Data were collected through library research and document studies of primary, secondary, and tertiary legal materials, then analyzed qualitatively using descriptive-analytical and prescriptive methods through legal interpretation and argumentation. The findings indicate that, normatively, Article 256 is generally consistent with human rights principles because it seeks to balance freedom of assembly with the protection of public interests and reflects the principles of universality, inalienability, and state obligation. However, challenges remain in its implementation, particularly regarding vague legal norms, broad official discretion, and the risk of disproportionate restrictions. These issues may affect the principles of non-discrimination and the protection of freedom of expression and assembly. Therefore, the implementation of Article 256 requires greater consistency, proportionality, and clearer limitations on official discretion to ensure compliance with human rights standards.
A Legal Analysis on the Crime of Insulting the President and/or Vice President in the Criminal Code Based on the Principle of Freedom of Expression Wildana, Afnan; Rizanizarli Rizanizarli; Muazzin Muazzin
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.v3i2.961

Abstract

Articles 218–220 of Law Number 1 of 2023 concerning the Criminal Code regulate the offense of insulting the President and/or Vice President. These provisions constitute complaint-based offenses, meaning prosecution can only proceed upon a complaint filed by the President or Vice President as the direct victim. Nevertheless, the regulation raises various legal issues concerning criminalization policy, human rights protection, and its practical implementation in law enforcement. This study aims to analyze the regulation of insults against the President and/or Vice President from the perspective of criminal law principles and the guarantee of freedom of expression. The research employs a normative juridical method using statutory, conceptual, and case approaches. Data were obtained from secondary legal materials, including primary and secondary sources, and analyzed qualitatively. The findings indicate that the provisions serve as a form of social control intended to protect state interests, particularly the dignity and honor of the state, as represented by the President and/or Vice President. The regulation is not designed to create discrimination against the principle of equality before the law. Its application is limited by Article 218 paragraph (2), which excludes certain expressions from criminal liability, and Article 220, which establishes the offense as complaint-based. Therefore, protecting the honor of state officials must remain balanced with safeguarding citizens’ freedom of expression.
The Application of Criminal Law against Subsidized Solar Traders Without a Business License : A Study in the First Instance Court of the Meureudu Nadifa, Dalilla; Mukhlis, Mukhlis; Idami, Zahratul
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.v3i2.962

Abstract

There is a regulation regarding oil and gas business activities that includes criminal sanctions is Law Number 22 of 2001 concerning Oil and Gas as amended by Law Number 11 of 2020 concerning Job Creation in conjunction with Law Number 6 of 2023 concerning the Preparation of Work and Budget Plans. Which explicitly regulates that every downstream business activity, including transportation, storage, trade, and processing, must have government permission, and that the trade in subsidized fuel can only be conducted by businesses with a trade license. Violations of these provisions are subject to criminal sanctions, indicating that the state takes the misuse of subsidized fuel management and distribution seriously. Although the law has prohibited and threatened heavy penalties and a regulatory framework is available, in reality, many people still engage in the misuse of transportation and trade licenses for subsidized diesel fuel. The purpose of this research is to explain the application of criminal penalties against subsidized solar traders without a business license in court rulings. The research method used is empirical juridical, which is legal research conducted by examining legal events in the field. The research results show that the application of criminal penalties against subsidized diesel traders without a business license in the court decisions reviewed reflects the state's commitment to protecting public interests, securing state finances, and creating order in the subsidized fuel distribution system. However, the effectiveness of criminal penalties as an instrument of law enforcement will only be optimally achieved if it is balanced with consistency in the imposition of sanctions, strengthening the supervision of subsidized fuel distribution in the field, and the continuous enhancement of public legal awareness.
Synchronization of General Cost Standards and Regional Unit Price Standards in Aceh’s Regional Financial Management Parlindungan Harahap; Yanis Rinaldi; Sanusi Sanusi
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.v3i2.973

Abstract

Orderly, efficient, transparent, and accountable local financial management requires consistency between the General Cost Standards and the Regional Unit Price Standards as references in planning and implementing the Regional Revenue and Expenditure Budget (APBD). In practice, discrepancies between these standards still occur and may create legal and governance problems. This study aims to analyze the inconsistency between the General Cost Standards of the Regional Government in Aceh and the Regional Unit Price Standards, and to formulate synchronization efforts based on state financial law. The research uses a normative legal method with statutory, conceptual, and analytical approaches through qualitative analysis of primary and secondary legal materials. The findings show that inconsistencies between the two standards may constitute abuse of authority, as the General Cost Standards, as a subordinate norm, must not conflict with the higher-ranking Regional Unit Price Standards. These inconsistencies include exceeding cost limits and adding expenditure components not regulated in the Regional Unit Price Standards, as identified by the State Audit Agency (BPK). Synchronization can be achieved by strengthening legal review, optimizing facilitation of local legal products, applying evidence-based budgeting, and improving the capacity of local financial management officials.
The Independence of the Wali Nanggroe Institution from the Perspective of Asymmetric Decentralization Itsnatul Mardhiyya; Husni Husni; M. Jafar
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.v3i2.974

Abstract

The Wali Nanggroe Institution (WNI) is a distinctive institution of Aceh established as a consequence of the implementation of asymmetric decentralization through the granting of special autonomy status within the framework of the Unitary State of the Republic of Indonesia. Its existence is legally recognized under Law Number 11 of 2006 on the Governance of Aceh, which defines it as an independent customary leadership institution operating outside the formal structure of regional government. Nevertheless, the regulation of the Wali Nanggroe Institution under Aceh Qanun Number 2 of 2023 continues to raise legal concerns regarding its independence, functional boundaries, scope of authority, and institutional relationship with the Aceh Government. This study aims to examine the compatibility of the regulatory framework governing the Wali Nanggroe Institution with the principles of asymmetric decentralization and to assess the juridical implications of its existence, independence, and authority within Indonesia’s constitutional and regional governance system. Employing a normative juridical research method, the study adopts statutory, conceptual, and historical approaches through an extensive review of primary, secondary, and tertiary legal materials. The findings indicate that the regulatory framework of the Wali Nanggroe Institution generally conforms to the principles of asymmetric decentralization, as it reflects the State’s recognition of Aceh’s distinct historical, cultural, religious, and socio-political characteristics through the establishment of a unique institution endowed with special functions and powers. However, several normative issues remain unresolved, particularly concerning institutional independence, the delineation of functions, and the scope of authority, which may create overlaps with the competencies of the Aceh Government. The study further reveals that the Wali Nanggroe Institution possesses a sui generis character as a customary institution unique to Aceh, situated outside the formal structure of regional government while simultaneously playing a strategic role in safeguarding the implementation of Aceh’s special status and privileges. Accordingly, amendments to Aceh Qanun Number 2 of 2023 are necessary to provide clearer limitations on the institution’s functions, independence, and authority, thereby ensuring legal certainty, fostering harmonious institutional relations, and strengthening the implementation of asymmetric decentralization in accordance with the principles of the rule of law
Regional Laws and Policies in Encouraging Community Participation for Sustainable Environmental Management Moh. Taufik; Sugiyanto Sugiyanto; Soesi Idayanti; Sanusi Sanusi; Moh. Wildan
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.v3i2.978

Abstract

Global studies have demonstrated that when communities are involved from the early stages of environmental planning and management, they become better prepared to cope with the risks associated with climate change and environmental degradation. For instance, World Bank reports emphasize that community engagement enhances local resilience and supports sustainable development. This finding indicates that public participation is not merely a supplementary component but rather a fundamental element in establishing effective, equitable, and sustainable environmental policies. In practice, however, the implementation of participation-based policies at the regional level is not always straightforward. Numerous challenges persist, including limited access to information, insufficient technical capacity among community members to engage in environmental issues, inequalities within deliberative processes, and the influence of local political dynamics. Several international studies have also noted that participation may become ineffective when communities are involved merely as a procedural formality without meaningful opportunities to influence decision-making processes. This study focuses on analyzing legal instruments and strategic measures adopted by regional governments to mobilize citizen participation in long-term environmental conservation. The research is categorized as library research. The analysis of the literature is conducted using a theoretical legal approach, commonly referred to as normative juridical analysis. The findings indicate that regional policies have the potential to transform public participation from a mere formality into genuine engagement that significantly influences environmental management decisions. Broad public involvement following the Constitutional Court Decision No. 91/PUU-XVIII/2020 concerning the Job Creation Law is expected to enhance oversight of the effectiveness of amendments to previously established conservation provisions. This aspect reflects the practical role of communities in environmental protection. Therefore, systemic reforms aimed at standardizing and optimizing Environmental Impact Assessment (EIA/AMDAL) instruments require strong support from various sectors of society.  

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