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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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Child Criminality Under Algorithmic Colonization for Digital Existence Beby Savitri; Zainal Arifin Hoesein; Alfin Suherman
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.v3i2.995

Abstract

The rapid development of technology has trapped children within the vortex of social media algorithms that encourage criminal acts in pursuit of digital existence. This study aims to analyze the philosophical roots of the shifting legal awareness of children through a confrontation between Jeremy Bentham’s theory of Utilitarianism and Jean Baudrillard’s theory of Hyperreality. Employing a doctrinal legal research method with conceptual and legal philosophical approaches, this article examines how social media algorithms based on the competition for public attention have created a space of simulacra. Within Baudrillard’s condition of hyperreality, children live in an artificial reality that is perceived as more real than the physical world, causing moral and legal boundaries to become blurred. This condition ultimately distorts Bentham’s hedonistic calculus within children; the desire to seek pleasure in the form of instant validation, likes, and digital recognition surpasses their rational awareness of pain in the form of threats of criminal sanctions. This study concludes that child criminality in the digital era is not merely a violation of conventional legal norms but rather a consequence of the “colonization” of algorithms that weakens children’s normative legal awareness. This philosophical understanding is essential as an initial foundation in formulating future directions for regulatory reform on child protection and legal education.
Optimizing the Legal Framework of Digital Population Identity Within the Legal System and Public Service Delivery: an Empirical Study in Aceh Besar Regency Maulya Ulfah; Husni Husni; Iman Jauhari
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.v3i2.996

Abstract

Digital Population Identity (DPI) is a digital transformation policy in the field of civil registration aimed at enhancing the effectiveness and efficiency of public service delivery. However, its implementation in Aceh Besar Regency continues to face a range of challenges, limiting its optimal utilization. This study examines the legal framework governing DPI, identifies the obstacles encountered in its implementation, and formulates strategies for strengthening its legal regulation within the public service system of Aceh Besar Regency. The research employs an empirical legal method with a socio-legal approach. Data were collected through interviews with relevant stakeholders and supported by a literature review of statutory regulations, books, academic journals, and other relevant legal sources. The findings indicate that the legal framework for DPI, as regulated under Minister of Home Affairs Regulation Number 72 of 2022, has not yet provided sufficient legal certainty, particularly because it does not explicitly require public service institutions to recognize and accept DPI. Its implementation is further constrained by limited financial and institutional capacity, inadequacies within the regulatory framework, and low public acceptance, all of which contribute to the low rate of DPI activation in Aceh Besar Regency. To address these challenges, the study recommends strengthening local regulations, harmonizing personal data protection policies, enhancing institutional capacity, expanding public outreach programs, and reinforcing oversight mechanisms to support the development of an effective, accountable, and inclusive digital public service system.
Normative Analysis of the Weaknesses in the Regulation of Women's Representation in Legislative Elections Syifa Salsabila Satirah; Husni Husni; Zahratul Idami
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.v3i2.998

Abstract

Women's representation in legislative elections is a fundamental aspect of democracy, equality, and the protection of human rights. Indonesia has implemented affirmative action through various legal instruments, including the requirement that women occupy at least 30% of political party leadership positions and legislative candidate lists. However, these policies have not yet ensured substantive representation of women in legislative institutions, indicating persistent regulatory challenges in fulfilling women's political rights. This study aims to analyze the legal framework governing women's representation in legislative elections and identify its juridical weaknesses. The research employs a normative legal method using statutory, conceptual, and comparative approaches. Data were collected through library research on primary, secondary, and tertiary legal materials and analyzed qualitatively using the theories of legislation, legal systems, legal certainty, and legal reform. The findings show that women's representation has a strong legal basis in the 1945 Constitution of the Republic of Indonesia, Law No. 7 of 1984 on the ratification of CEDAW, and Law No. 7 of 2017 on General Elections. Nevertheless, the current framework primarily emphasizes compliance with candidate quotas without guaranteeing the election of women candidates. In addition, regulatory harmonization remains limited, while political parties have not optimally fulfilled their role in recruiting and developing female political cadres. Therefore, legal reform is necessary through improving regulatory substance, strengthening institutional mechanisms, and fostering a legal culture that supports gender equality to achieve more substantive women's representation in legislative institutions.
Industrial Relations Mediation in Cases of Termination of Employment by Employers: A Study at the Aceh Department of Labor and Population Mobility Mahliga Nurmayani; Sanusi Sanusi; Zainal Abidin
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.v3i2.1001

Abstract

Termination of employment by employers often gives rise to industrial relations disputes, which are resolved through mediation as stipulated in Law No. 2 of 2004 on the Settlement of Industrial Relations Disputes. However, the implementation of mediation has not yet been fully effective in resolving disputes. This study aims to analyze the legal framework of industrial relations mediation in the resolution of termination disputes, assess the effectiveness of its implementation at the Aceh Department of Manpower and Population Mobility, and identify the obstacles and solutions encountered. This study is an empirical legal study employing legislative, conceptual, and case-based approaches. Data were collected through a literature review and field research via interviews with industrial relations mediators, officials from the Aceh Department of Manpower and Population Mobility, and legal practitioners, supported by documents related to the resolution of industrial relations disputes. The data were analyzed qualitatively. The results indicate that the legal framework for industrial relations mediation is adequate, but its implementation has not been effective. During the 2023–2025 period, 37 layoff cases were mediated, but only 6 cases were successfully resolved through a Joint Agreement, while the remaining cases ended with the mediator’s recommendation or were referred to the Industrial Relations Court. The low effectiveness of mediation is influenced by a lack of good faith on the part of the parties, an imbalance in bargaining power between workers and employers, the weak binding nature of the mediator’s recommendations, and the parties’ limited legal understanding. Therefore, it is necessary to strengthen the capacity of mediators, increase the parties’ legal awareness, and improve regulations to enhance the effectiveness of resolving industrial relations disputes through mediation.
The Existence of the Sharia Supervisory Board in Sharia Savings and Loan and Financing Cooperatives in Pidie Regency M. Hafizh Achsan; M. Jafar; Teuku Ahmad Yani
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.v3i2.1002

Abstract

Sharia Savings and Loan and Financing Cooperatives (KSPPS) are financial institutions that operate based on Islamic principles and are legally required to establish a Sharia Supervisory Board (SSB) under Qanun Aceh Number 11 of 2018, Law Number 6 of 2023 on Job Creation, and the Regulation of the Minister of Cooperatives and Small and Medium Enterprises Number 8 of 2023. However, several cooperatives in Pidie Regency continue to conduct sharia-based business without amending their Articles of Association or establishing an SSB. This study examines the legal position of the SSB, the obstacles preventing amendments to cooperative Articles of Association, and government efforts to encourage compliance. Using an empirical juridical method with a socio-legal approach, data were collected through interviews, observations, and document analysis and analyzed descriptively. The findings show that the SSB plays a strategic role in ensuring sharia compliance, yet its implementation in Pidie Regency remains limited. Key obstacles include inadequate legal understanding among cooperative management, limited human resources, complex amendment procedures, and insufficient government guidance. Strengthened institutional supervision through capacity building, technical assistance, facilitation of SSB establishment, regular monitoring and evaluation, and consistent enforcement of administrative sanctions is necessary to improve compliance with legal and sharia requirements.
Evidentiary Proceedings in Indonesian Criminal Procedure Law and the Jinayat Procedural Law Concerning Electronic Evidence. Khalisah Dinah Muniati; Mohd. Din; Yanis Rinaldi
International Journal of Law, Crime and Justice Vol. 3 No. 3 (2026): 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.v3i3.1011

Abstract

Technological advancement in information systems has significantly transformed the criminal evidentiary framework by positioning electronic evidence as an increasingly essential instrument in proving criminal acts. Indonesian Criminal Procedure Law, particularly Law Number 20 of 2025 on Criminal Procedure, explicitly recognizes electronic evidence as lawful evidence with equal standing to conventional forms of evidence. In Aceh, recognition of electronic evidence is also embedded within the Aceh Qanun Number 7 of 2013 on Jinayat Procedure Law, which accommodates electronic information and recordings through the concept of qarinah (circumstantial evidence). Nevertheless, differences remain in regulatory frameworks and evidentiary standards between the national criminal procedure system and the jinayat procedural system, potentially leading to divergences in evidentiary assessment. Such disparities may affect the implementation of legal certainty and justice within judicial practice in Aceh. This study aims to examine the legal position of electronic evidence under the Jinayat Procedural Law and Law Number 20 of 2025 on Criminal Procedure, to analyze the differences in evidentiary standards applied in both legal systems, and to assess their implications for the principles of justice and legal certainty. The research employs a normative juridical method using statutory and conceptual approaches. Data were collected through library research involving primary, secondary, and tertiary legal materials related to electronic evidentiary rules, and were analyzed using qualitative descriptive techniques. The findings indicate that Law Number 20 of 2025 grants electronic evidence an independent evidentiary status, provided that requirements such as authenticity, integrity, system reliability, and lawful acquisition are fulfilled. In contrast, the Jinayat Procedural Law integrates electronic evidence within the framework of qarinah, where its use is guided by Islamic legal principles, particularly in ta’zir offenses. These differing standards result in variations in how electronic evidence is evaluated within general courts and sharia courts in Aceh. Consequently, there is a need for harmonization between national criminal procedural law and jinayat procedural law, the development of more comprehensive technical guidelines, and the strengthening of digital forensics practices within the Sharia Courts to ensure legal certainty, justice, and effective proof without disregarding Islamic legal principles
A Juridical Analysis of Unregistered Marriage Agreements at the Marriage Registration Office Chairul Yunadi; Teuku Saiful; Iman Jauhari
International Journal of Law, Crime and Justice Vol. 3 No. 3 (2026): 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.v3i3.1014

Abstract

Marriage agreements are agreements entered into before or after marriage that generally regulate the separation of marital assets. Under Article 147 of the Indonesian Civil Code and Article 29 of the Marriage Law, such agreements must be executed in the form of a notarial deed and registered with the Marriage Registration Office to be legally binding upon third parties. In practice, however, many spouses fail to register their marriage agreements, creating potential legal uncertainty. This study aims to analyze the legal consequences of unregistered marriage agreements and examine the responsibility of notaries in preventing such situations. The research employs a normative juridical method using statutory, case, and conceptual approaches. Primary, secondary, and tertiary legal materials were analyzed qualitatively. The findings reveal that an unregistered marriage agreement remains valid and binding only between the spouses but has no legal effect on third parties, as stipulated in Article 152 of the Indonesian Civil Code. Notaries are responsible not only for drafting marriage agreement deeds but also for providing legal counseling to ensure their registration with the Civil Registration Office or the Office of Religious Affairs. Therefore, spouses should register their marriage agreements to ensure legal certainty and protection for all parties.
Legal Review of the Resolution of Waqf Land Disputes Resulting from the Annulment of a Waqf Pledge Deed: : A Study in Bireuen Regency Citra Shinta Meutia Denies; Iman Jauhari; Suhaimi Suhaimi
International Journal of Law, Crime and Justice Vol. 3 No. 3 (2026): 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.v3i3.1015

Abstract

Waqf is a legal act involving the dedication of privately owned property for religious purposes and/or public welfare in accordance with Islamic law. Article 16 paragraph (2) of Law Number 41 of 2004 concerning Waqf stipulates that waqf objects must consist of movable or immovable assets legally owned by the waqif (the person who endows the property). Furthermore, Article 4 of Government Regulation Number 28 of 1977 emphasizes that land designated as waqf must constitute legally owned land that is free from any encumbrances, legal attachments, seizure, or disputes. However, in practice, waqf disputes still occur due to the dedication of land with problematic ownership status, as found in Juli District, Bireuen Regency. This study aims to analyze the resolution of waqf disputes arising from the annulment of a Waqf Pledge Deed based on the Supreme Court Decision Number 0314/Pdt.G/2014. This research employs a normative-empirical juridical method using statutory and case approaches. The study utilizes primary, secondary, and tertiary legal materials, supported by field data obtained through interviews, which are subsequently analyzed qualitatively. The results indicate that the resolution of waqf land disputes at the Bireuen Sharia Court is conducted by examining the validity of the elements of waqf, particularly the legal ownership status of the endowed land. The Beunyot Village Religious Affairs Office (KUA) in Juli District, acting as the Official Registrar of Waqf Pledge Deeds (Pejabat Pembuat Akta Ikrar Wakaf/PPAIW), issued the Waqf Pledge Deed after considering the fulfillment of formal requirements, including the existence of the waqif, nazhir (waqf administrator), and waqf object. However, the Bireuen Sharia Court declared the deed invalid and nullified it by law because the endowed land was not personally owned by the waqif, thereby contradicting the statutory provisions governing waqf. It is recommended that the Ministry of Religious Affairs, through the Beunyot Village KUA as the PPAIW, conduct more thorough verification of land ownership status before issuing Waqf Pledge Deeds. Furthermore, nazhir, community leaders, and religious counselors should enhance public education regarding waqf regulations to ensure that society understands the legal requirements of valid waqf and to prevent future waqf disputes.
Legal Advocacy in Indonesia: Reconstruction of the Legal Aid Model for Persons with Disabilities in the Regions Burhanuddin Burhanuddin; Andi Bau Mallarangeng; Maskawati Maskawati
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.v3i1.1022

Abstract

The implementation of legal aid in Indonesia, although it has many obstacles in its implementation, normatively has a fairly strong foundation. This study examines the implementation of legal aid for persons with disabilities by focusing on the role of local governments through strategic policies in the form of regional regulations or other regulations. Based on the obstacles in its implementation, this study aims to offer a reconstruction of the legal aid model for people with disabilities in the regions. By using a normative approach to legislation, in this case the Legal Aid Law and the Law on Persons with Disabilities, this study found that access to justice for persons with disabilities can be carried out through legal aid in the regions as a form of equal rights before the law as affirmed in the 1945 Constitution of the Republic of Indonesia. In addition, this study also found that with the budgeting authority in the APBD, according to Article 19 of the Legal Aid Law, the legal aid model for persons with disabilities can be reconstructed by strengthening additional services in the form of personal assessments and translators included in legal aid procedures so that people with disabilities who face the law are more assured and assured in accessing justice.
The Concretization of the Precautionary Principle under the Regulation of the Minister of Environment and Forestry Number 14 of 2023 in Resolving Existing Businesses and/or Activities within the Rawa Singkil Wildlife Reserve. Kartika, Iin Kartika; Yanis Rinaldi; Muazzin Muazzin
International Journal of Law, Crime and Justice Vol. 3 No. 3 (2026): 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.v3i3.1024

Abstract

This research is motivated by the enactment of the Regulation of the Minister of Environment and Forestry Number 14 of 2023, which regulates the settlement of existing businesses and/or activities within conservation areas, including the Rawa Singkil Wildlife Reserve in Aceh, an area with significant ecological functions as a wildlife habitat and a strategic peatland ecosystem. The implementation of the conservation partnership scheme under this regulation raises legal issues concerning the balance between resolving existing activities and maintaining the ecological functions of conservation areas. This study aims to analyze the concretization of the precautionary principle in the Regulation of the Minister of Environment and Forestry Number 14 of 2023 and its juridical implications for the protection of the Rawa Singkil Wildlife Reserve.This research employs normative legal research using statutory and conceptual approaches. Primary, secondary, and tertiary legal materials are analyzed qualitatively based on the precautionary principle, the theory of the hierarchy of norms, legal harmonization theory, and legal protection theory. The results indicate that the concretization of the precautionary principle in the regulation remains partial and predominantly administrative in nature. Although it has been implemented through inventory, verification, activity restrictions, ecosystem restoration, and monitoring and evaluation mechanisms, the regulation has not yet positioned ecological risks, area sensitivity, and the potential for irreversible environmental damage as the primary parameters in determining settlement measures. The implementation of the Regulation of the Minister of Environment and Forestry Number 14 of 2023 in the Rawa Singkil Wildlife Reserve may provide legal certainty and strengthen conservation protection if it is directed toward ecosystem restoration, effective supervision, and the return of areas to the state. However, the application of the conservation partnership scheme without rigorous ecological risk analysis has the potential to weaken the protection of peatland hydrological functions and wildlife habitats. Therefore, this regulation should be revised by placing the protection of ecological functions of conservation areas and ecological risk assessment as the main parameters in resolving existing businesses and/or activities.

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