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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 160 Documents
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Legal Study Concerning Zero Verdicts Related to the Principles of Certainty, Justice and Benefits in Indonesia Fauzia Awaludin; Rehnalemken Ginting
International Journal of Law, Crime and Justice Vol. 1 No. 2 (2024): 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.v1i2.154

Abstract

A nil sentence is very appropriate to apply to defendants whose verdict is sentenced to death, such as in the case of Muhammad Natsir and Heru Hidayat. However, the Dimas Kanjeng case certainly raises a different problem, where the panel of judges imposed a maximum prison sentence of 20 years, so if there are other cases the verdict must be nil. This means that the defendant, who was previously sentenced to 20 years in prison, was not increased to life imprisonment. Another problem is the lack of integrated administration between courts which results in overlapping criminal sanctions that exceed 20 years. Tstelsel's absorption in a sharpened realist concursus states that it is necessary to review the level between crimes that have permanent legal force and crimes that have just been revealed based on higher criminal threats, so that the implementation of a nil sentence achieves the principles of legal certainty, justice and expediency. The implementation of the nil sentence must be socialized to the wider community, especially in the case of Dimas Kanjeng and Muhammad Natsir, who in their decision were sentenced to a nil sentence because they had previously been sentenced to death. The aim of the outreach is to ensure that there is no misunderstanding of the defendant's release from criminal sanctions, because a zero verdict arises because the verdict has been maximum and can no longer be handed down. Judges need to interpret in more depth the basic reasons for giving a nil verdict which is linked to SEMA No. 1 of 2022 to better ensure justice and benefits for society, which of course is adjusted to the legal facts obtained during the trial period.
Terrorism Phenomenon in Indonesia: Study of Theological Aspects, Ideology and Movement Arnovan Pratama Surbakti; Yasmirah Mandasari Saragih; Muhammad Azhali Siregar; Ryan Fadli Siregar
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): 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.v1i3.155

Abstract

Terrorism is a theme that invites the attention of many in the academics to examine the main ­aspects of ideology, theology, networks and movements. At this time, terrorism has become a global phenomenon. Terrorism has penetrated almost every country in the world, including Indonesia. As in other areas, terrorism in Indonesia also has the basics of theology and ideology and networks so that it has a strong resistance. Until recently, terrorism became one of the challenges and threats to national security. This article is to examine the development of terrorism in Indonesia, which focuses on aspects of theology, ideology and movement.
Community Participation Model in Village Fund Management in Tanjungsari Village, Pacitan District, Pacitan District Aida Fatma; Lego Karjoko
International Journal of Law, Crime and Justice Vol. 1 No. 2 (2024): 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.v1i2.156

Abstract

Villages play an important role in realizing development and community welfare, which is supported by the issuance of new statutory policies, namely Law Number 6 of 2014 concerning Villages. This law aims to accelerate rural development, improve the welfare of village communities and equalize development in Indonesia. Apart from that, this law is also the basis for granting the broadest possible authority to village or village governments to regulate their own areas as autonomous villages. To achieve this goal, the government since 2015 has disbursed village fund budgets to every village throughout Indonesia. This research uses normative legal research methods, using a statutory approach. This research reveals that community participation in Tanjungsari Village in every village fund management shows optimal participation. At the planning stage, community participation can be seen during the musdus and musdes determining village expenditure priorities, at the implementation stage, community participation takes the form of property participation and mutual cooperation participation and participating in various training programs properly, and at the accountability stage, the community participates during the LPJ APBDes deliberations. Community participation in managing village funds in Tanjungsari Village is at the fifth level of participation, namely placement according to Arnstein's theory or the degree of Tokenism.
Legal Analysis Of The Impact Of Debtor Bankruptcy On Bank Credit Payment Performance (Research Study At Bri Batam Branch Office) Ardyansyah Yacob; Erniyanti Erniyanti; Bachtiar Simatupang; Soerya Respationo
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): 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.v1i3.158

Abstract

Debtor bankruptcy is a critical issue that has a significant impact on the performance of credit payments in the banking sector, especially at the BRI Batam Branch Office. This study aims to analyze the juridical impact of debtors' bankruptcy on credit payment performance in BRI Batam, focusing on the direct influence of bankruptcy on bank liquidity, asset quality, and bank operations. In the legal context, debtor bankruptcy is regulated by Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, which provides a framework for the bankruptcy process and its settlement. The research method used is normative juridical, with a case approach to collect empirical data from the BRI Batam Branch Office. Data was collected through interviews with bank management, analysis of bankruptcy documents, and literature review related to bankruptcy laws and regulations. Data analysis was carried out in a descriptive analytical way to understand the legal implications and operational impact of debtor bankruptcy on credit payment performance.The results of the study show that debtor bankruptcy significantly affects the liquidity and credit payment performance in BRI Batam, with direct consequences in the form of an increase in bad loans and a decrease in interest income. Delays in legal proceedings and asset liquidation also add to the bank's operational burden. Based on these findings, it is recommended that BRI Batam should improve its credit risk monitoring system and adopt a more effective risk management strategy to anticipate and overcome potential bankruptcy. The government is expected to accelerate the legal process related to bankruptcy to minimize the negative impact on the banking sector and the economy as a whole.
Juridical Analysis Of The Authority Of Quarantine Investigators In Handling Cases Of Animal Entry That Have Exceeded The Entry and Exit Points In Batam City: Research Study At The Quarantine Of Animals, Fish, And Plants Office In The Riau Archipelago At Hang Nadim And Telaga Punggur Service Units Edy Chandra Zebua; Dahlan Dahlan; Sayid Fadhil; Soerya Respationo; Erniyanti Erniyanti
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): 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.v1i3.159

Abstract

Violations of quarantine regulations in Batam City continue to occur to this day. Despite the enactment of Law No. 21 of 2019 concerning Animal, Fish, and Plant Quarantine, which replaced Law No. 16 of 1992 on the same subject and introduced stricter criminal sanctions for violations, there has still not been a deterrent effect on those bringing prohibited items without meeting quarantine requirements. This research addresses how the authority and implementation of quarantine investigators' powers are regulated in handling cases of animal entry that have bypassed the designated import and export points in Batam City, what obstacles or challenges quarantine investigators face, and the solutions at the Animal, Fish, and Plant Quarantine Office of the Riau Archipelago at the Hang Nadim and Telaga Punggur Service Units. The research method combines normative legal research with empirical sociological approaches, utilizing both inductive and deductive methods to analyze and clarify the relationship between research variables and the research object. This approach aims to provide a comprehensive understanding that benefits readers, particularly future researchers and academics. The findings reveal ongoing uncertainty among quarantine investigators in enforcing quarantine regulations in Batam City. This issue arises from differing interpretations of Law No. 21 of 2019 among quarantine officers and the shortage of human resources, which affects investigators' focus on legal enforcement actions, including criminal sanctions. In Batam City, the resolution of quarantine regulation violations prioritizes the philosophy of "ultimum remedium" where punishment is seen as a last resort. Administrative sanctions for quarantine violations include quarantine detention, rejection, and/or destruction of the violating items.
Implementation of Spatial Planning Law in Addressing Environmental Problems in Urban Areas Rika Santina; Raja Agung Kesuma Arcaropeboka; Rendy Renaldy; Kamal Fahmi Kurnia; Arif Hidayatullah
International Journal of Law, Crime and Justice Vol. 1 No. 2 (2024): 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.v1i2.164

Abstract

A city is one of the areas heavily populated by people. In Indonesia, there are a total of 98 cities. A city is a complex area because it has various zones such as central zones, industrial zones, and suburban zones. Additionally, a city should also have green open spaces. Green open spaces can help minimize global warming and the greenhouse effect in urban areas. Moreover, cities often grapple with waste issues. Urban residents should develop good mental attitudes and habits, such as not littering. Cooperation between the government, which builds proper and appropriate urban planning by providing green areas, and the public's awareness to maintain city cleanliness by disposing of waste properly, is necessary.
Overlapping Analysis of People's Housing Savings Program (Tapera) and Additional Service Benefits (MLT) According to Legal Perspective in Indonesia Windari Windari; Sapto Hermawan
International Journal of Law, Crime and Justice Vol. 1 No. 2 (2024): 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.v1i2.165

Abstract

The Public Housing Savings Program or what is known as Tapera has become a national polemic which is starting to become unsettling among the Indonesian people. The People's Housing Savings Management Agency (BP Tapera), which until now seems to only collect public funds through savings with a savings scheme that is still unclear. By looking at this problem, the author found that the Additional Service Benefits program that previously existed and could run exactly the same as the Tapera program with income tax cuts for each taxpayer, this shows that it would be more effective if there was just one program so that there would be no inequality. According to the Minister of Manpower's Regulation regarding the procedures for granting, requirements and types of additional service benefits, it is stated that the type of additional service benefit can be in the form of a housing mortgage, which to date not all people use.
Juridical Analysis Of The Causes Of The Non- Development Of The People's Shipping Industry In Indonesia Due To The Fleet Aging And Extinction Of The Fleet (Research Study In Batam And Tanjung Pinang) Topan Wishnu Candra; Soerya Respationo; Parameshwara Parameshwara; Erniyanti Erniyanti
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): 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.v1i3.173

Abstract

The artisanal shipping industry in Indonesia, particularly in Batam and Tanjungpinang, has experienced significant stagnation and decline due to the aging fleet and fleet extinction. The background of this study is based on the importance of the artisanal shipping industry in supporting the local and national maritime economy, as well as the major challenges facing the sector in maintaining efficient and sustainable operations. The purpose of this research is to analyze the juridical factors that cause the non-development of the people's shipping industry in the area, as well as identify legal measures that can support the development of this industry. The research method applied combines normative and empirical approaches through case studies in Batam and Tanjungpinang. Data was collected through in-depth interviews with boat owners, fishermen, government officials, and maritime law experts, as well as analysis of relevant documents. The research integrates John Austin's positive law theory, Lawrence M. Friedman's legal system theory, and systems theory to analyze interactions within the maritime legal system. The results show that burdensome regulations, lack of access to financing, declining competitiveness, as well as environmental impacts and socio-economic factors are the main causes of the underdevelopment of the community shipping industry. Strict regulations and high operational costs make it difficult for small boat owners to comply with regulations, while limited access to financing hinders fleet rejuvenation and upgrades. An aging and inefficient fleet lowers the industry's competitiveness, and environmental pollution from old vessels worsens operating conditions. Suggestions include revising regulations to simplify and reduce administrative burdens, providing accessible financing and subsidy schemes, improving port infrastructure, and training and certification programs for ship owners and crew. In addition, international cooperation is also needed to adopt technology and best practices in the shipping industry. The implementation of these recommendations is expected to support the development of the small-scale shipping industry in Batam and Tanjungpinang, improve competitiveness, and make a greater contribution to Indonesia's maritime economy.
The Authority of a Notary in the Creation of Deeds in the Field of Land Affairs Widodo Budidarmo; Lily Kalyana
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): 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.v1i3.177

Abstract

The land holds significant importance for the people in Indonesia and is one of the country's natural resources. As an agricultural country, a large portion of the Indonesian population relies on agriculture as their primary source of livelihood. Farming, which involves cultivating land to produce food, has long been a cornerstone of rural economies. Notaries and Land Deed Officials (PPAT) play a critical role in Indonesia’s legal and land administration systems. Notaries, governed by Law No. 2 of 2014 and Article 1868 of the Indonesian Civil Code (KUHPerdata), are authorized to create authentic deeds, ensure legal certainty, and maintain document custody. Meanwhile, PPATs, under Government Regulation No. 37 of 1998 and Law No. 4 of 1996, are responsible for drafting deeds related to land registration and mortgage rights, including transactions involving the sale, purchase, and transfer of land rights. The distinct authority of notaries and PPATs is clearly defined by the relevant regulations, with the Constitutional Court Decision No. 5/PUU-XII/2014 affirming that their jurisdictions do not overlap, thereby safeguarding legal certainty in land administration.
Legal Protection of Consumers in E-commerce Through Social Media in Indonesia in the Industrial Era 4.0 Aris Surya Muzakki; Suraji Suraji
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): 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.v1i3.183

Abstract

Indonesia has a large population of internet users, with more than 175 million active internet users in 2021 to 2024. This provides a strong foundation for the development of social media in the country. The increasing use of smartphones in Indonesia also has an impact on the development of social media and online buying and selling (e-commerce). The Indonesian government has issued laws and regulations regarding the use of social media with a focus on online buying and selling and handling infringing content. This research uses normative juridical methods. One of the challenges in buying and selling transactions via social media is security and trust. Because these transactions are often conducted between individuals who do not know each other, it is important to be careful and verify the seller or buyer before making a transaction. Consumer law in Indonesia is regulated by Law Number 8 of 1999 concerning Consumer Protection (Consumer Law). This Consumer Law provides a legal basis and legal protection for consumers in carrying out buying and selling transactions, both conventionally and via social media.

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