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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 213 Documents
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Protection of Women Workers Under the Job Creation Zulhikmah Saputri; Iskandar A. Gani; M. Jafar
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.v3i3.1031

Abstract

This research examines the legal protection of women workers following the enactment of Law Number 6 of 2023 on Job Creation, particularly regarding reproductive rights, protection from discrimination, and termination of employment. Although the regulation continues to recognize women workers’ rights, several amendments to labor provisions raise concerns about legal certainty and the effectiveness of protection. This study aims to analyze the legal framework governing women workers’ protection under Law Number 6 of 2023 and its conformity with the principles of legal certainty, justice, and gender equality. This research uses normative legal methods with statutory, conceptual, and case approaches. Legal materials consisting of primary, secondary, and tertiary sources were analyzed qualitatively using theories of legal certainty, legal protection, justice, and gender equality. The results show that the law still provides protection through provisions on menstrual leave, pregnancy, maternity leave, miscarriage, wage rights, and prohibition of termination due to reproductive conditions. However, changes related to Fixed-Term Employment Agreements (PKWT), outsourcing, and termination of employment have not fully guaranteed legal certainty and substantive protection. Strengthening implementing regulations, labor supervision, and gender equality principles is therefore required to ensure comprehensive protection of women workers’ rights.
Individualized Criminal Sanctions for Children in Conflict with the Law: A Best Interests of the Child Approach Dewi Sinta Hulalata; Fenty U. Puluhulawa; Dian Ekawaty Ismail
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.v3i3.1032

Abstract

The imposition of criminal sanctions on children in conflict with the law requires a different approach from the sentencing of adults because children are still undergoing physical, psychological, moral, and social development. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System has established diversion, restorative justice, and the principle of the best interests of the child as important foundations in handling juvenile cases. Nevertheless, the application of sanctions in practice still faces challenges because the determination of sanctions is not always sufficiently individualized according to the child's personal circumstances and developmental needs. This study aims to analyze the concept of individualization of criminal sanctions for children in conflict with the law and formulate an appropriate sanction model based on the best interests of the child. This research employs a normative juridical method with an analytical-prescriptive character, using a statute approach, case approach, and conceptual approach. Legal materials are analyzed qualitatively through deductive reasoning. The results demonstrate that individualization of juvenile sanctions requires consideration of factors beyond the legal classification of the offense, including the child's age, psychological and cognitive development, motive, role in the offense, family environment, educational background, impact on the victim, and rehabilitation potential. The best-interests principle requires judges and law enforcement authorities to place rehabilitation and social reintegration as central objectives while maintaining proportionality and accountability. Therefore, an individualized sanction model should be developed through a tiered framework that prioritizes diversion and community-based measures, followed by educational, supervisory, and rehabilitative sanctions, while imprisonment remains an exceptional measure. Strengthening assessment mechanisms, professional capacity, institutional cooperation, and judicial guidelines is necessary to ensure consistent implementation.
Normative Conflict in The Regulation of Electronic Evidence Between the Criminal Procedure Code and The Electronic Information and Transactions Law Doni Sekedang
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.v3i3.1036

Abstract

The rapid advancement of information and communication technology has fundamentally altered evidentiary practices within Indonesia's criminal justice system, particularly concerning the legal standing of electronic evidence, which is inherently susceptible to alteration and difficult to trace. As the lex generalis, the Indonesian Criminal Procedure Code (KUHAP) continues to adhere to a closed evidentiary system under Article 184 paragraph (1), which does not explicitly recognize electronic evidence as a distinct category, whereas the Electronic Information and Transactions Law (UU ITE) affirms it as a valid extension of admissible evidence. This study employs a normative juridical method, utilizing statutory and conceptual approaches, alongside a descriptive-prescriptive analytical technique grounded in grammatical, systematic, and teleological interpretation of primary and secondary legal materials. The findings reveal a paradigmatic conflict between the restrictive framework of KUHAP and the progressive orientation of UU ITE, resulting in ambiguity regarding whether digital evidence constitutes an independent category or merely falls under documentary or circumstantial evidence. This uncertainty is further compounded by law enforcement officials' limited understanding of chain of custody principles and digital forensic procedures, contributing to inconsistent judicial rulings across courts. The study concludes that comprehensive regulatory harmonization is essential, extending beyond partial amendments, and recommends leveraging Law Number 20 of 2025 as a foundation for strengthening the normative recognition of electronic evidence as an independent evidentiary category to achieve stronger legal certainty.

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