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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 210 Documents
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Juridical Analysis on the Determination of Child Custody to the Father in Divorce Cases Lita Angraini; Teuku Saiful; Yusri Yusri
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.v3i2.979

Abstract

This study examines the juridical issue of granting custody of children who have not yet reached the age of mumayyiz to the father in divorce cases, a condition that deviates from Article 105 letter (a) of the Compilation of Islamic Law, which generally places custody of children under mumayyiz age with the mother. The study aims to analyze Indonesian legal provisions concerning child custody granted to fathers, judicial considerations in court decisions on such custody arrangements, and the juridical implications for the protection of children’s rights after divorce. This research applies a juridical-normative method through literature study of books, journals, court decisions, and relevant laws and regulations. The findings show variations in judicial reasoning. The first decision emphasized mediation agreements but failed to adequately consider the father’s history of domestic violence against the child. The second decision maintained custody with the father based on the child’s factual living conditions and psychological comfort, despite the existence of threats of physical violence. The third decision restored custody to the biological mother after the threat to the child was considered to have ended. The study concludes that custody of children under 12 years old may only be transferred to the father when the mother loses custody rights due to serious negligence. Nevertheless, the child’s safety, best interests, and legal protection must remain the primary considerations, requiring stricter judicial standards and integration between family and criminal law.
Economic Powerlessness as a Criminogenic Factor in Domestic Violence Crimes: A Study within the Jurisdiction of the Banda Aceh District Court Mahara Sayoga; Nursiti Nursiti; Teuku Muttaqin Mansur
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.v3i2.980

Abstract

Article 435 of Law Number 17 of 2023 concerning Health prohibits any person from producing or distributing pharmaceutical preparations, including cosmetics, that do not meet safety, efficacy, quality, and licensing standards. However, the circulation of cosmetics without distribution permits is still frequently found, including in Bireuen Regency. This condition indicates that law enforcement against illegal cosmetic business actors has not been optimally implemented. This study aims to analyze criminal law enforcement against business actors involved in the distribution of cosmetics without distribution permits within the jurisdiction of the Bireuen District Court, examine the obstacles encountered, and identify the criminological factors underlying the commission of such offenses. The research method employed is empirical juridical research using statutory, case, and criminological approaches through library research and field research conducted by interviews with the Indonesian Food and Drug Authority (BPOM), police, prosecutors, and business actors. The results of the study show that law enforcement against the distribution of cosmetics without distribution permits has not been effective due to weak supervision of digital trade, limited monitoring facilities, low public legal awareness, and relatively light criminal sanctions that fail to create a deterrent effect. From a criminological perspective, these offenses are influenced by economic factors, high public demand for instant cosmetic products, the development of social media and e-commerce, as well as weak supervision and social control. It is recommended that digital trade supervision be strengthened, inter-agency coordination among law enforcement institutions be improved, and stricter sanctions be imposed on offenders, particularly recidivists, in order to enhance public health protection and the effectiveness of law enforcement.
Criminal Law Enforcement Against Business Actors Involved in the Distribution of Cosmetic Products Without Distribution Permits: A Research Study within the Jurisdiction of the Bireuen District Court Rachmi Martiya; Ida Keumala Jeumpa; Sulaiman Sulaiman
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.v3i2.981

Abstract

Article 435 of Law Number 17 of 2023 concerning Health prohibits any person from producing or distributing pharmaceutical preparations, including cosmetics, that do not meet safety, efficacy, quality, and licensing standards. However, the circulation of cosmetics without distribution permits is still frequently found, including in Bireuen Regency. This condition indicates that law enforcement against illegal cosmetic business actors has not been optimally implemented. This study aims to analyze criminal law enforcement against business actors involved in the distribution of cosmetics without distribution permits within the jurisdiction of the Bireuen District Court, examine the obstacles encountered, and identify the criminological factors underlying the commission of such offenses. The research method employed is empirical juridical research using statutory, case, and criminological approaches through library research and field research conducted by interviews with the Indonesian Food and Drug Authority (BPOM), police, prosecutors, and business actors. The results of the study show that law enforcement against the distribution of cosmetics without distribution permits has not been effective due to weak supervision of digital trade, limited monitoring facilities, low public legal awareness, and relatively light criminal sanctions that fail to create a deterrent effect. From a criminological perspective, these offenses are influenced by economic factors, high public demand for instant cosmetic products, the development of social media and e-commerce, as well as weak supervision and social control. It is recommended that digital trade supervision be strengthened, inter-agency coordination among law enforcement institutions be improved, and stricter sanctions be imposed on offenders, particularly recidivists, in order to enhance public health protection and the effectiveness of law enforcement.
Juridical Analysis of the Use of Undercover Buy by Police Investigators in Narcotics Crimes Ashabul Jannah; Ida Keumala Jeumpa; Teuku Saiful
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.v3i2.985

Abstract

The use  of the undercover buy technique  in the investigation of narcotics crimes has obtained a legal basis in Law Number 35 of 2009 concerning Narcotics. However, the absence of detailed implementation arrangements regarding procedures, limits of authority, and the prohibition of entrapment has caused legal uncertainty and differences in interpretation among law enforcement officials. As a result, there is a disparity in court decisions, as seen in the Calang District Court Decision Number 18/Pid.Sus/2023/PN Cag which assesses the act of undercover buying as a form of investigator engineering even though elements of criminal acts have been proven. This study aims to explain and analyze the legal basis for the use  of undercover buy investigation techniques  by Indonesian Police Investigators in the Indonesian legal system as well as explain and examine the legal consequences arising from the application  of undercover buy investigation techniques  in narcotics crimes. This research is a normative juridical research with a legislative and conceptual approach. Data were analyzed qualitatively through the study of primary, secondary, and tertiary legal materials using legal interpretation techniques. The results of the study show that the Indonesian National Police Investigators are authorized to use the undercover buy technique  based on the Narcotics Law and internal police policies. This authority is an attribution authority supported by police discretion, but it has not been supported by detailed implementation arrangements so that it has the potential to cause legal uncertainty. In addition, the use of undercover buy affects the validity of evidence in narcotics cases. If carried out according to procedures, the results can be used as valid evidence, while implementation that is not in accordance with procedures has the potential to cause procedural defects, invalidity of evidence, and human rights violations in the form of case engineering or entrapment. The suggestion of this study is the need for stricter regulation of undercover buying techniques  through clear operational standards, limits of authority, and prevention of entrapment, accompanied by increased professionalism of investigators and internal supervision, and each implementation must be based on written orders to ensure legal certainty and the validity of evidence.
Legal Protection of Girls Victims of Sexual Violence Noviyanti Noviyanti; Rizanizarli Rizanizarli; Sri Walny Rahayu
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.v3i2.988

Abstract

Article 76D of Law Number 35 of 2014 explicitly prohibits all forms of sexual violence against children, a prohibition further reinforced through Law Number 12 of 2022 on the Crime of Sexual Violence; yet incidents of child sexual violence continue to be recorded annually, underscoring a persistent gap between normative prohibition and practical reality. Employing an empirical juridical methodology through structured interviews and comprehensive literature reviews, this study examines the institutional roles of the Women and Children Service Unit of the Resort Police, the Women's Empowerment, Child Protection and Family Planning Office, and the Social Service Agency in safeguarding the rights of female child victims in Bener Meriah Regency, while identifying impediments to effective legal protection and investigating victims' pathways to justice. Findings reveal that although legal protection has been pursued through both preventive and repressive measures, implementation remains constrained by regulatory obstacles, limited institutional capacity, deficient public legal awareness, entrenched victim-blaming attitudes, and shame-oriented cultural norms channeling disputes toward customary resolution mechanisms collectively resulting in the suboptimal actualization of victims' rights to restitution, state compensation, and psychological rehabilitation. Accordingly, the study recommends the formulation of integrated regulatory frameworks and standardized operating procedures, reinforcement of inter-agency coordination, and cross-sectoral synergy directed at dismantling informal settlement practices and reducing societal stigmatization of sexual violence survivors.
Implementation of the Measure of Returning Children in Conflict With the Law to Their Parents by Investigators From the Perspective of the Juvenile Criminal Justice System : A Study at the North Aceh Resort Police Department Cicit Aisyah; Rizanizarli Rizanizarli; Teuku Muttaqin Mansur
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.v3i2.990

Abstract

Law Number 11 of 2012 on the Juvenile Criminal Justice System mandates that the resolution of juvenile cases should prioritize a restorative justice approach through diversion in order to ensure child protection and restore social relationships. One form of diversion is the return of children in conflict with the law to their parents for guidance and supervision within the family environment. Data from the North Aceh Resort Police for the period 2024–2025 indicate that all cases involving Children in Conflict with the Law were resolved through restorative justice, with the subsequent measure being the return of the child to their parents. This study aims to analyze the conformity of returning children to their parents with the principles of restorative justice and child protection, examine the balance of legal protection between child offenders and victims, and assess the considerations employed by investigators in implementing diversion at the North Aceh Resort Police. This research employs an empirical legal method with a socio-juridical approach. Data were collected through interviews with investigators from the Women and Children Protection Unit (PPA) of the North Aceh Resort Police, assistant investigators, officers of the Correctional Center (Bapas), and parents or guardians of the children involved, supported by a literature review of statutory regulations, books, scholarly journals, and previous studies. The findings reveal that the return of children to their parents through diversion reflects the principles of restorative justice and child protection by prioritizing rehabilitation, restoration, and the best interests of the child. This practice also provides balanced legal protection for both child offenders and victims through the involvement of all parties in the reconciliation process and the restoration of victims’ rights. Furthermore, investigators consider legal, social, and psychological factors, including the fulfillment of diversion requirements, the existence of a settlement agreement, and the family’s capacity to guide and supervise the child. It is recommended that the North Aceh Resort Police strengthen coordination with the Correctional Center, the Regional Technical Implementation Unit for Women and Children Protection (UPTD PPA), social workers, and the child’s family in order to enhance supervision, ensure continuous guidance, and support victim recovery following the implementation of diversion.
Recruitment of Members of the Independent Election Commission of Aceh for the 2023–2028 Term Tasha Ramanda; Zainal Abidin; MH, Nurdin
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.v3i2.991

Abstract

The recruitment of members of the Aceh Independent Election Commission (Komisi Independen Pemilihan/KIP) is an important instrument in realizing a democratic, independent, and integrity-based election administration in Aceh, as regulated under Law Number 11 of 2006 concerning the Government of Aceh and Aceh Qanun Number 6 of 2018. However, the implementation of the recruitment process for KIP Aceh members for the 2023–2028 period has raised various issues concerning transparency, objectivity, and the independence of the selection process. This study aims to analyze the recruitment process of KIP Aceh members for the 2023–2028 period, examine the conformity of the nomination process carried out by the Independent Team with statutory provisions, and analyze the legal consequences of KIP Aceh membership recruited in violation of applicable legal requirements. This research employs an empirical legal research method with a prescriptive juridical approach and descriptive empirical analysis. Data were obtained through interviews with relevant stakeholders and library research involving legislation, books, journals, and previous scholarly studies. The findings indicate that the establishment of the Independent Team and the recruitment stages have generally been conducted in accordance with the provisions of the Law on the Government of Aceh and Aceh Qanun Number 6 of 2018. Nevertheless, issues remain regarding the transparency of assessment, objectivity in the selection process, and the potential influence of political interests during the final determination of candidates by the Aceh House of Representatives (DPRA). This study also finds that procedural violations and substantive non-compliance with requirements in the recruitment process may give rise to legal consequences, including administrative lawsuits before the State Administrative Court, annulment of administrative decisions, as well as a decline in public legitimacy and trust in election administrators. Therefore, strengthening transparency, independence, accountability, and supervisory mechanisms is necessary to ensure an objective and professional recruitment process.
Implementation of the Aceh Government’s Policy in Accelerating Land Registration for Low-Income Communities in Banda Aceh City Dhira Fildzah; Syarifuddin Syarifuddin; Mazwar Mazwar
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.v3i2.992

Abstract

Land registration is a legal instrument aimed at providing legal certainty and protection of land rights. In order to accelerate the legalization of assets owned by low-income communities, the Aceh Government, through the Aceh Land Office, implements a policy to accelerate land registration as part of its special authority in the land sector under Law Number 11 of 2006 concerning the Government of Aceh. However, its implementation still faces various obstacles that prevent low-income communities from fully accessing legal certainty over land rights. This study aims to analyze the implementation of the accelerated land registration policy for low-income communities in Banda Aceh City and the strategies adopted to address implementation barriers. The research method used is empirical legal research with a sociological juridical approach. Data were obtained through interviews with relevant stakeholders and supported by library research of laws and regulations, official documents, books, journals, and relevant legal literature. The findings show that the acceleration of land registration for low-income communities is carried out through the Land Administration Inventory Program for Low-Income Communities implemented by the Aceh Land Office and supports the Complete Systematic Land Registration (PTSL) Program. Its implementation involves coordination among various related institutions but still encounters obstacles such as budget limitations, suboptimal inter-agency coordination, limited implementation time, and difficult-to-reach target locations. Efforts to address these obstacles include strengthening institutional coordination, establishing Cooperation Agreements (MoU), optimizing available budgets, and enhancing the role of village governments in land data collection and administrative verification. It is recommended that the Aceh Government increase budget support, strengthen inter-agency coordination, expand institutional cooperation, and continuously update data on low-income communities to achieve more effective legal certainty and protection of land rights for the poor. Keywords: Policy Implementation, Aceh Government, Land Registration, Low-Income Communities, Legal Certainty.
Combating Corruption in Indonesia from a Legal Philosophy Perspective Rossa Purbo Bekti; Asep Guntur Rahayu; Zainal Arifin Hoesein
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.v3i2.993

Abstract

Corruption is a product of the lifestyle of a group of people who use money as a measure of truth and as absolute power. Corruption has been going on for a long time, since the time of Ancient Egypt, Babylon, Rome through the Middle Ages and until now. The purpose of this study is to understand the eradication of corruption and law enforcement from the perspective of legal philosophy as the philosophy of implementing positive law in Indonesia. This research is a normative legal research with a descriptive method which explains that this legal research is conducted using primary legal materials, secondary legal materials, and tertiary legal materials. Legal Philosophy, which is the basic foundation of thinking in the application of applicable legal rules and is considered in many branches of science, receives special attention in law enforcement against corruption that must be carried out in eradicating corruption so that law enforcement is not only based on written rules, but corruption eradication also drives law enforcement. In law enforcement against corruption, written laws can be regulated, but these rules can be implemented by the implementers so that when the rules are applied when criminal acts of corruption occur, the rules can be in accordance with what has been written in the law and regulations.
Existential Study of Article 44 of The KPK Law on Legal Certainty After The Issuance of Law Number 20 Of 2025 Asep Guntur Rahayu; Rossa Purbo Bekti; Zainal Arifin Hoesein
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.v3i2.994

Abstract

Corruption is a product of the lifestyle of a group of people who use money as a measure of truth and as absolute power. Corruption has been going on for a long time, since the time of Ancient Egypt, Babylon, Rome to the Middle Ages and until now. The purpose of this study is to understand the eradication of corruption and law enforcement from the perspective of legal philosophy as the philosophy of implementing positive law in Indonesia. This research is a normative legal research with a descriptive method which explains that this legal research is conducted using primary legal materials, secondary legal materials, and tertiary legal materials. Legal Philosophy, which is the basic foundation of thinking in the application of applicable legal rules and is considered in many branches of science, receives special attention in law enforcement against corruption that must be carried out in eradicating corruption so that law enforcement is not only based on written rules, but corruption eradication also drives law enforcement. In law enforcement against corruption, written laws can be regulated, but these rules can be implemented by the implementers so that when the rules are applied when criminal acts of corruption occur, the rules can be in accordance with what has been written in the law and regulations.

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