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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 Disharmony in Indonesia's Regulatory Framework: A Ratio Legis Analysis of the Classification of Gambling and the Standard Classification of Business Fields in Indonesia 92000 Vis-À-Vis Criminal Prohibition Under the Penal Code Diana R.W. Napitupulu
International Journal of Law, Crime and Justice Vol. 2 No. 2 (2025): 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.v2i2.565

Abstract

This paper analyzes the legal disharmony between the Indonesian Standard Industrial Classification (KBLI) Code 92000, which classifies gambling as a business activity, and Article 303 of the Indonesian Penal Code (KUHP), which criminalizes gambling. Using a normative legal research method supported by theoretical foundations from legal certainty, legal harmonization, and sociological jurisprudence, the paper explores the philosophical, sociological, and juridical ratio legis behind this classification. The research concludes that the classification under KBLI is administrative and does not legitimize gambling activities. The paper suggests harmonization mechanisms to resolve legal contradictions and ensure regulatory coherence.  Address the normative conflict and avoid further interpretive ambiguities, this paper proposes a series of harmonization mechanisms. First, there should be a revision or annotation of KBLI Code 92000 to clarify that its inclusion of gambling is not a recognition of its legality under Indonesian law. Second, greater inter-agency coordination is necessary, especially between the institutions responsible for economic classifications and those enforcing criminal law. Third, legislative synchronization efforts must be enhanced through the establishment of an integrated legal drafting mechanism to ensure that new or revised regulations do not conflict with existing criminal statutes.
Legal Protection for Foreign Investors at Normative and Implementation Levels in Indonesia Hasim Sukamto; Hulman Panjaitan; Paltiada Saragi
International Journal of Law, Crime and Justice Vol. 2 No. 2 (2025): 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.v2i2.567

Abstract

Foreign direct investment (FDI) has a strategic role in Indonesia's economic development. However, the realization of foreign investment is not free from challenges related to legal certainty and protection. This study aims to analyze legal protection for foreign investors in Indonesia, both in terms of applicable legal norms and from the aspect of implementation in the field. Through a literature review, information was collected from various sources in the form of journals, articles, and relevant laws and regulations to gain a broad understanding of legal protection for foreign investors at the normative and implementation levels in Indonesia. The results of the study indicate that Indonesian laws and regulations, especially Law No. 25/2007 concerning Investment, various Bilateral Investment Treaties (BITs), and FTAs ​​provide a comprehensive legal protection framework for foreign investors. In the field, legal uncertainty still arises due to overlapping regulations, frequent policy changes, and different interpretations between institutions. Slow and less transparent licensing bureaucracy, as well as the risk of extortion practices, reduce the attractiveness of investment. Reform efforts such as simplifying licensing through OSS, establishing BKPM as a one-stop shop, and ratifying the Omnibus Law on Job Creation have shown progress in increasing certainty and ease of investment.
Legal Consequences and Liability of Actions by Directors and Commissioners After Term Expiry Deny Panjaitan; Hulman Panjaitan; Paltiada Saragi
International Journal of Law, Crime and Justice Vol. 2 No. 2 (2025): 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.v2i2.568

Abstract

This study examines the legal consequences and liability arising from actions taken by the Board of Directors and the Board of Commissioners of a limited liability company (Perseroan Terbatas PT) after their official terms of office have expired. Employing a cross-sectional quantitative survey design, a Likert-scale questionnaire was distributed to 270 respondent comprising corporate managers of publicly listed companies on the Indonesia Stock Exchange (large-, mid-, and small-cap) and corporate law practitioners in Greater Jakarta. Construct validity (KMO = 0.68; Bartlett’s Test p < 0.001) and reliability (Cronbach’s α = 0.78–0.84) confirmed the adequacy of the instrument. Descriptive analysis showed moderate mean scores for legal status of actions (Mean = 3.12) and reappointment mechanisms (Mean = 2.75). Pearson’s correlation revealed a significant positive relationship between “ultra vires” actions and civil liability risk (r = 0.582; p < 0.001) as well as criminal liability risk (r = 0.314; p < 0.001), whereas reappointment via the General Meeting of Shareholders (RUPS) correlated negatively with civil (r = –0.423; p < 0.001) and criminal (r = –0.287; p < 0.001) risks. Multiple linear regression reinforced these findings (R² = 0.52 for civil risk; R² = 0.31 for criminal risk). ANOVA indicated that small-cap firms faced the highest civil risk and that practitioners with over ten years of experience reported the lowest concern for criminal risk. These results underscore the need for proactive RUPS scheduling, multi-layered authorization systems, and strengthened compliance functions to mitigate ultra vires risks and reinforce good corporate governance.
Legal Protection for Owners of Well-Known Trademarks from the Perspective of Court Decisions Rini B. A. Silitonga; Hulman Panjaitan; Paltiada Saragi
International Journal of Law, Crime and Justice Vol. 2 No. 2 (2025): 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.v2i2.569

Abstract

Protection of well-known trademarks is a crucial aspect of intellectual property systems, especially in the face of global trade dynamics and the development of digital technologies. This study aims to analyze the effectiveness of legal protection for owners of well-known trademarks from the perspective of court decisions in Indonesia. Using a qualitative method based on a normative juridical approach and case studies of court rulings (including the Hugo Boss and Superman cases), this research reveals that trademark protection in Indonesia remains reactive, dependent on litigation, and has not fully prevented the registration of confusingly similar trademarks by parties acting in bad faith. Moreover, the absence of objective standards for defining well-known trademarks and indicators of bad faith weakens legal certainty. On the other hand, courts have begun to show consistency in rejecting trademark registrations that violate the principles of well-known trademark protection, although this has yet to be supported by an adequate administrative system from the Directorate General of Intellectual Property (DJKI). The study recommends the establishment of technical regulations, strengthening DJKI’s capacity, and integrating protection systems with international norms as strategic steps to reinforce legal protection for owners of well-known trademarks in Indonesia.
Personal Data Protection Analysis : Comparison of Indonesia, the United States as Federal Countries Sevy Septiana Afina; Rina Arum Prastyanti
International Journal of Law, Crime and Justice Vol. 2 No. 2 (2025): 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.v2i2.583

Abstract

Personal data protection is a crucial issue in the digital era, which is characterized by the processing and widespread dissemination of information on the internet. In this context, the different legal approaches between Indonesia and the United States raise questions regarding the effectiveness and scope of privacy protection in each country. The focus of this research is to analyze the legal systems applicable in both countries to identify the strengths, weaknesses, and potential for cross-system policy adoption. Using a normative juridical method and a comparative law approach, analysis is conducted on key regulations such as Law No. 27 of 2022 in Indonesia as well as various sectoral regulations in the United States. The findings show that Indonesia has integrated regulations but faces challenges in implementation, while the United States has more established enforcement despite its sectoral and fragmented nature. The synthesis of these two approaches emphasizes the importance of finding a balance between regulatory comprehensiveness and enforcement effectiveness. In conclusion, efforts to strengthen personal data protection in Indonesia can be directed towards strengthening institutions and oversight, while the United States can draw lessons from its centralized regulatory model to improve consistency of protection across sectors.
Optimizing the use of Digital Forensics and Information Technology in Proving Criminal Acts of Electronic Document Forgery in Indonesia Edwin Setiawan; Hartiwiningsih Hartiwiningsih
International Journal of Law, Crime and Justice Vol. 2 No. 2 (2025): 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.v2i2.587

Abstract

The rapid development of information technology has significantly changed cybercrime, especially electronic document forgery. This re-search examines the utilization of digital forensics and information technology in proving the crime of electronic document forgery in In-donesia through a normative legal research approach. The research uses a statutory approach and a conceptual approach to analyze the ef-fectiveness of digital forensic methods in uncovering electronic crimes based on certain evaluation criteria including technical feasibility, legal acceptability, and procedural compliance with Indonesian law. The findings show that digital forensics has an important role in in-vestigating electronic document forgery, but faces complex implementation challenges. Key barriers include limited human resources, with only 147 certified digital forensics experts in Indonesia according to verified 2023 data from the Indonesian Digital Forensics Association (AFDI), and legal regulations that have not fully accommodated the evolving digital technology landscape. The research identifies signifi-cant technical barriers, such as the complexity of forensic technology, the volatility of digital evidence, and the rapid advancement of cyber-crime techniques. Through an examination of recent case studies including the Tokopedia data breach of 2023 and the Jakarta Administra-tive Court electronic document forgery case of 2022, this research demonstrates the practical application of digital forensics in Indonesian courts. The research proposes a balanced approach that fulfills both evidentiary and human rights protection requirements in digital inves-tigations. Strategic recommendations include strengthening the capacity of forensic laboratories, harmonizing legal regulations, and im-proving the competence of human resources in technology and law. This research contributes to the conceptual framework of cyber law enforcement by offering a comprehensive perspective on the evidentiary challenges of e-crime in the digital age.
Legal Protection For Creditors In Credit Agreements With Guaranteed Dependent Rights From The Perspective of Law No. 4 of 2023 Septian Uky Kriscahya; Suwardi Suwardi
International Journal of Law, Crime and Justice Vol. 2 No. 2 (2025): 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.v2i2.596

Abstract

Creditors are parties who have receivables based on agreements or legal provisions that can be collected through legal channels. In the practice of lending, collateral is very important to provide legal certainty and a sense of security for both parties, both creditors and debtors. This study discusses two main problem formulations, namely the position of the guarantee of dependents against creditors when the debtor defaults, and the form of legal protection for creditors if the right of dependency cannot be executed. The method used is normative juridical research that examines the applicable positive legal provisions. The results of the study show that if the debtor defaults, the creditor has the right to execute the collateral object through sale to cover his receivables. However, under certain conditions the right of dependency cannot be executed, so a legal mechanism is needed that provides protection to creditors. This protection is regulated in Law Number 4 of 1996 concerning Dependent Rights, especially in the articles that regulate the definition of dependent rights, the execution process, and the principle of droit de suite which guarantees the rights of creditors to the collateral object even if they change hands. Thus, the legal system of dependent rights is an important instrument in ensuring certainty and legal protection for creditors.
Position of Civil Crime as a Transnational Crime Muhammad Hatta; Dianti Novita Marwa; Lisa Lestari; Lena Mahara Simahate; Herika Novita; Abdul Azis
International Journal of Law, Crime and Justice Vol. 2 No. 2 (2025): 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.v2i2.599

Abstract

Cybercrime is an unlawful act committed using the internet based on sophisticated computer technology, networks and other information technologies. This crime not only affects individuals, but also financial institutions, critical infrastructure, and even national and international security. Cybercrime has characteristics that distinguish it from conventional forms of crime, namely the ability to cross geographical boundaries of countries without physical barriers so that in this case this cybercrime is referred to as transnational crime. The purpose of this study is to examine and analyze the position of cybercrime in the perspective of international law and to examine and analyze the position of cybercrime in the perspective of national law. The results of the study were obtained from the perspective of international law, cybercrime has a strategic position as a global threat that requires a cross-country legal approach. Meanwhile, from the perspective of national law, cybercrime has a central position in the reform of the Indonesian criminal law system. Through the formation and improvement of the ITE Law, as well as increasing the capacity of law enforcement and the community, the state seeks to create a safe, fair and responsible digital space
Construction of Contempt of Court Regulation in Indonesia Siti Rahmawati Djula; Fence M. Wantu; Dian Ekawaty Ismail
International Journal of Law, Crime and Justice Vol. 2 No. 2 (2025): 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.v2i2.604

Abstract

This study aims to analyze the Reconstruction of Contempt of Court Regulations in Indonesia. Contempt of court is defined as an act of contempt against the judiciary. In Indonesia, the meaning of contempt of court is only interpreted narrowly so that it is considered less inclusive of all judicial organizers. This type of research is normative legal research with a legislative, conceptual, comparative and case approach. The results of the study are that the position of the contempt of court regulation in Indonesia has been contained in a chapter in the latest Criminal Code, but its application has not been supported by formal procedures. The meaning of contempt of court in Indonesia is only interpreted narrowly, this can be seen in the latest Padal 281 of the Criminal Code which only seems to protect judges, the contempt of court regulation should also protect all judicial organizers who are directly involved in a judicial process, namely the prosecutor, legal representatives, victims, witnesses, and all trial participants. Next, contempt of court in Indonesia also only accommodates criminal contempt and sets aside civil contempt so that there is no deterrent effect for people, officials and others who do not comply with judicial decisions. Therefore, there is a need for special arrangements related to contempt of court in Indonesia that regulate crimes (criminal contempt) and non-compliance with court orders (civil contempt).
Analysis of the Implementation of the Death Penalty in Corruption Cases in Indonesia Emirza Henderlan Harahap
International Journal of Law, Crime and Justice Vol. 2 No. 2 (2025): 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.v2i2.610

Abstract

This study discusses the phenomenon of increasing corruption cases in Indonesia, which is caused by the lack of effective criminal penalties. Although Law No. 20/2001 concerning the Eradication of Corruption regulates the threat of the death penalty for perpetrators of corruption, in practice it has never been implemented. This study uses the approach of the law enforcement system theory and the theory of punishment, with normative legal methods and literature studies. The results show that the difficulty of implementing the death penalty in corruption cases in Indonesia is caused by the pros and cons and rejection from the community and law enforcement. This finding indicates the importance of reforming the death penalty policy for perpetrators of corruption to provide a deterrent effect and prevent similar cases in the future. Therefore, this study recommends improving the law enforcement system and more effective anti-corruption policies.

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