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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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Application of Criminal Law in Online Gambling Case: (Case Study Decision No. 02/Pid.B/2022/PnPwk) Wendi Darman Laia; Martono Anggustin; Lesson Sihotang
International Journal of Law, Crime and Justice Vol. 2 No. 1 (2025): 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.v2i1.440

Abstract

This research discusses the application of criminal law in online gambling cases in Indonesia, with a focus on decision No. 02/Pid.B/2022/PnPwk. The development of information technology has led to the emergence of cybercrime, including online gambling, which has a negative impact on society. Through a normative research approach, this study analyzes the challenges faced in law enforcement related to cybercrime, as well as legal protection for victims. The results show that despite regulations such as the Electronic Information and Transaction Law (EIT Law), many provisions are considered ambiguous, resulting in legal uncertainty. Law enforcement is also hampered by a lack of technological understanding among law enforcement and limited international cooperation. Therefore, it is necessary to update regulations and increase technological capacity to strengthen efforts to handle online gambling in the digital era. This research is expected to provide insights for the development of legal policies that are more effective and responsive to the challenges of cybercrime.
Legal Consequences of the Issuance of Government Regulation in Lieu of Law Number 2 of 2022 on the Legal Politics in Indonesia Abdul Hamid Sobri; Iza Rumesten RS; Suci Flambonita
International Journal of Law, Crime and Justice Vol. 2 No. 1 (2025): 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.v2i1.471

Abstract

The issuance of Perppu Number 2 of 2022 has led to various dynamic debates within society. The government's actions have shown attempts to "circumvent" Constitutional Court Decision Number 91/PUU-XVIII/2020 and even eliminate the legislative role in the process of amending laws. Autocratic legalism is a situation where the law is utilized as a tool by the rulers (whether executive, legislative, judicial, or a combination thereof) to legitimize their actions in accumulating and consolidating power under the guise of law. The research findings indicate that the consequences of the issuance of Perppu Number 2 of 2022 include the violation of the legislative drafting grace period, failing to resolve legal uncertainties, and being considered non-aspirational, non-participatory, and non-transparent in its formation.
Legal Review of Legal Consequences For Members of the Online Arisan E-Master Who Are in Default in Making Arisan Money Payments According to Civil Law: (Study of Decision Number 41/Pdt.G/2021/PN Pwd) Yarisman Zai; Roida Nababan; Meli Hertati Gultom
International Journal of Law, Crime and Justice Vol. 2 No. 1 (2025): 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.v2i1.483

Abstract

Online rotating savings groups (arisan) are a form of activity involving numerous members with the purpose of periodic fund collection. In practice, these activities often give rise to various legal issues, one of which is the breach of obligations (wanprestasi) by members in fulfilling their payment commitments. Such breaches result in legal consequences that not only harm the involved parties but also have the potential to erode public trust in online rotating savings activities. One case that serves as the focus of this research is Decision Number 41/Pdt.G/2021/PN Pwd, which addresses the issue of breach of obligations within the E-Master online rotating savings group. This study aims to analyze the legal consequences arising from breaches of obligations by members in the payment of arisan contributions under civil law. Employing a normative juridical approach and case study method, this research underscores the importance of legal certainty in resolving disputes related to online rotating savings. Furthermore, it highlights the need for more specific legal regulations governing online rotating savings activities to safeguard the rights of all involved parties.
SWOT Analysis in The Implementation Of Electoral Management Policies in Surabaya: A Case Study Approach Bukhari Bukhari; Ika Devy Pramudiana; Ulul Albab; Widyawati Widyawati; Sri Kamariyah
International Journal of Law, Crime and Justice Vol. 2 No. 1 (2025): 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.v2i1.488

Abstract

This study aims to evaluate the implementation of electoral policies in Surabaya City using SWOT analysis (Strengths, Weaknesses, Opportunities, Threats). The main issue faced is the suboptimal application of policies, despite various programs being launched to increase voter participation. SWOT analysis is a tool used to identify strengths, weaknesses, opportunities, and threats within an organization or policy. This research employs a qualitative approach with a case study design, involving in-depth interviews, participant observation, and document analysis to collect data from policymakers, policy implementers, and the general public. The results indicate that the primary strengths lie in competent human resources and capable technological infrastructure, while weaknesses include a lack of inter-agency coordination and budget constraints. Opportunities can be leveraged through technological advancements and community support, whereas threats include regulatory changes and cybersecurity risks. The study provides recommendations to enhance coordination, develop voter training and education programs, and strengthen cybersecurity. Thus, it is hoped that the electoral process in Surabaya will become more effective, efficient, and transparent, gaining full trust from the public.
Implications of the Contradiction in the Definition of Children Between the Child Protection Law and the Human Rights Law in the Juvenile Justice Process Fenny Haslizarni; Fenty U. Puluhulawa; Suwitno Y. Imran
International Journal of Law, Crime and Justice Vol. 2 No. 1 (2025): 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.v2i1.489

Abstract

This research aims to analyze the differences in the definition of a child's age in the Child Protection Law and the Human Rights Law and how this affects the handling of juvenile cases, as well as the implications of the contradiction in the definition of a child's age between the Child Protection Law and the Human Rights Law in juvenile justice processes. This type of research is normative research. The research results indicate that (1) The difference in the definition of a child in the Child Protection Law (Law No. 35 of 2014) and the Human Rights Law (Law No. 39 of 1999) creates inconsistency in legal protection for children. A fair legal system should provide more protection to vulnerable groups, such as children, without distinguishing their marital status. The principle of justice as fairness requires that every individual, especially vulnerable groups, should receive equal opportunities and maximum protection under the law. However, the definition in the Human Rights Law, which excludes married children, creates injustice and contradicts the principle of non-discrimination outlined in the Convention on the Rights of the Child (CRC). (2) The implication of the contradiction in the definition of a child's age between the Child Protection Law and the Human Rights Law in juvenile justice processes is the legal impact, leading to inconsistency in law enforcement by law enforcement officials. Legal theory highlights that the success of law enforcement is influenced by the alignment between the law, law enforcement officials, and society. In this case, the misalignment of legal definitions complicates the decision-making process for law enforcers in determining the status of a married child, which impacts the protection of their rights. Additionally, the theory of distributive justice emphasizes that the distribution of legal treatment should be proportional to the individual's needs. A married child still requires legal protection as a vulnerable age group, so the legal treatment should reflect this need
Contractual Fairness in Internasional Trade an Analysis of Business Law Standards Putu Laksmi Noviyana; Dewa Gede Pradnya Yustiawan
International Journal of Law, Crime and Justice Vol. 2 No. 1 (2025): 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.v2i1.509

Abstract

Contractual fairness is a fundamental principle in international trade, ensuring balanced and equitable agreements between parties of different jurisdictions. However, disparities in bargaining power, varying legal standards, and cultural differences often lead to imbalances that challenge the notion of fairness. This study examines the concept of contractual fairness within the framework of international trade and analyzes the business law standards that govern cross-border agreements. The research explores how contractual fairness is interpreted and enforced under different legal systems, emphasizing its significance in promoting transparency and fostering trust in international business relationships. Through a comparative analysis of legal frameworks in major trading jurisdictions, the study identifies key factors that influence fairness, including standardized contractual terms, dispute resolution mechanisms, and the role of international organizations like the United Nations Commission on International Trade Law (UNCITRAL). This study also highlights the challenges of achieving fairness in complex trade agreements, such as those involving developing economies, where unequal access to legal resources and expertise can create significant disadvantages. By addressing these challenges, the research aims to propose practical solutions for harmonizing business law standards and enhancing contractual fairness in international trade.The findings of this study are expected to contribute to the ongoing dialogue on global trade reform, offering insights for policymakers, legal practitioners, and businesses. The paper concludes by emphasizing the need for a balanced approach that ensures fairness while maintaining the flexibility necessary for dynamic international trade practices.
Digital Land Transformation : Optimizing the Issuance of Electronic Land Certificates by BPN Gorontalo City Seldi Munandar; Weny Almoravid Dungga; Zamroni Abdussamad
International Journal of Law, Crime and Justice Vol. 2 No. 1 (2025): 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.v2i1.510

Abstract

This research aims to analyze the optimization of the issuance of electronic land certificates in Gorontalo City and find out the efforts of the government (BPN) Gorontalo City in optimizing the issuance of electronic land certificates. This type of research is empirical legal research. This method involves a juridical sociological approach, namely an approach that starts from existing legal rules or norms and then harmonizes with the reality that exists in society. The results of this study indicate that the issuance of electronic land certificates (E-Certificate) in Gorontalo city is considered not optimal. Researchers found that there are 3 out of 4 indicators that have not been maximized in its implementation, namely the readiness of land office infrastructure, policy implementation, and public understanding. Furthermore, the efforts that have been made by BPN Gorontalo City in optimizing the issuance of electronic land certificates are conducting Socialization and Education to the Public, Improving Information Technology Infrastructure, Cooperation with Stakeholders, Increasing Human Resources Capacity and Resolving Obstacles and Constraints.
Justice in Employment Law : A Philosophical Study of the Relationship Between Employers and Employees Andri Herman Setiawan; Firman Nurdiyansyah Sunandar; Ahmad Juaeni; Johannes Triestanto
International Journal of Law, Crime and Justice Vol. 2 No. 1 (2025): 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.v2i1.529

Abstract

This study examines justice in employment law from the perspective of legal philosophy, focusing on the relationship between employers and workers in Indonesia. Based on Article 27 paragraph (2) and Article 28D paragraph (2) of the 1945 Constitution, justice in employment relations is considered as one of the manifestations of human rights that must be guaranteed by the state. However, in practice, the imbalance in the bargaining position between employers and workers often creates injustice, especially in wages, job protection, and the fulfillment of basic workers' rights. Through a legal philosophy approach, this study analyzes the application of the concepts of distributive, commutative, and retributive justice in employment relations. The results of the study show that although employment regulations, such as Law Number 13 of 2003 concerning Employment, have attempted to create justice, their implementation still faces various obstacles, including weak supervision and bias towards economic interests. This study has theoretical benefits in deepening the study of legal philosophy related to justice in industrial relations, as well as practical benefits in providing recommendations for policy makers to improve employment regulations. Thus, this research is expected to be a foundation for creating fairer and more balanced working relationships in Indonesia.
Regulation of Digital Employment Contracts in the Era of Digitalization : Legal and Legal Studies Implications for Worker Protection Firman Nurdiyansyah Sunandar; Andri Herman Setiawan; Ahmad Juaeni; Johannes Triestanto
International Journal of Law, Crime and Justice Vol. 2 No. 1 (2025): 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.v2i1.530

Abstract

The development of digitalization has brought significant changes in various aspects of life, including employment relations. One of the innovations that has emerged is the use of digital employment contracts as a replacement for paper-based contracts. Digital employment contracts offer flexibility and efficiency in modern employment relations. However, in Indonesia, legal regulations related to digital employment contracts still face major challenges, considering the absence of regulations that specifically accommodate this mechanism. Article 52 of Law No. 13 of 2003 concerning Manpower only regulates the requirements for the validity of an employment contract without mentioning the use of electronic documents, while Law No. 11 of 2008 concerning Information and Electronic Transactions (UU ITE) has recognized the validity of electronic documents. This study aims to analyze the regulation of digital employment contracts in Indonesia, compare them with regulations in other countries, and provide policy recommendations to ensure legal protection for workers in the digitalization era. The method used is a normative legal approach with comparative legal analysis of countries such as the European Union and the United States. The results of the study show that although digital employment contracts are legally valid in Indonesia, there are still legal gaps related to the protection of workers' rights, supervision of implementation, and protection of personal data. Therefore, it is necessary to update regulations that are adaptive to technological developments, including the integration of the principles of justice, legal certainty, and protection of workers' rights in digital employment contracts.
Law Enforcement Against Action Criminal Sexual Violence in Gender Based Digital Space in Indonesia Ivan Zairani Lisi; Khristyawan Wisnu Wardana; Deny Slamet Pribadi
International Journal of Law, Crime and Justice Vol. 2 No. 1 (2025): 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.v2i1.532

Abstract

Sexual violence in the digital space can occur in various motives, such as Flaming, which is an act of harassment committed personally on social media, where the perpetrator insults, attacks, or humiliates the victim through abusive words, private photos, or messages that lead to sexual activity. In the context of digital sexual violence. This form of harassment aims to cause the victim distress, fear, or embarrassment, and can cause psychological trauma. To protect victims, the law needs to impose sanctions against sexual harassment committed through electronic media. In the Indonesian legal system, several laws have been implemented to follow up and address this kind of crime, including the Electronic Information and Transaction Law (ITE Law), the Criminal Code (KUHP), and the Sexual Violence Crime Law (TPKS Law), so that perpetrators of sexual violence in digital spaces are expected to be subject to strict criminal sanctions. Laws are an important step in law enforcement and victim protection. However, effective implementation and public education are needed to achieve these goals. Therefore, there is a need for training for law enforcement officials to better understand and be able to handle appropriate cases of digital sexual violence and community counselling and public education to increase public awareness of electronic sexual violence.

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