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INDONESIA
International Journal of Sociology and Law
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30471923     EISSN : 30470692     DOI : 10.62951
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
studies of civil law, criminal law, constitutional law, international law, procedural law and customary law, politics and social sciences
Arjuna Subject : Ilmu Sosial - Sosiologi dan Ilmu Politik
Articles 118 Documents
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Legal Review Of The Responsibility Of Online Gambling Criminal Acts In Indonesia Joko Christopher Samosir; Suci Ramadani; Ismaidar Ismaidar
International Journal of Sociology and Law Vol. 2 No. 2 (2025): May : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i2.603

Abstract

This study discusses the accountability of perpetrators of online gambling crimes in Indonesia from the perspective of applicable positive law. Online gambling is a form of cybercrime that has developed along with advances in information and communication technology, and has various negative impacts on society, including economic losses, moral damage, and increasing crime rates. The main focus of this study is to examine how legal regulations in Indonesia, especially in the Criminal Code (KUHP), the Electronic Information and Transactions Law (UU ITE), and other related regulations, regulate and ensnare online gambling perpetrators, both as the main perpetrators, platform providers, and service users. This study uses a normative juridical method with a statutory approach and a case approach. Data were obtained through literature studies and analysis of relevant court decisions. The results of the study show that although Indonesian positive law has regulated the prohibition of gambling, there are still gaps in norms and challenges in implementation, especially related to evidence, jurisdiction of cross-border perpetrators, and adaptation of law enforcement officers to digital modus operandi. The conclusion of this study emphasizes the need for synchronization of regulations and increased law enforcement capacity, including the formation of more comprehensive special regulations regarding online gambling crimes. This is important so that the criminal responsibility of the perpetrator can be enforced effectively within the framework of justice and legal certainty.
Forced Marriage as a Form of Sexual Violence Against Child Victims of Rape from a Human Rights Perspective Syabilal Ali; Slamet Tri Wahyudi; Handoyo Prasetyo; Handar Subhandi Bakhtiar; Irwan Triadi
International Journal of Sociology and Law Vol. 2 No. 2 (2025): May : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i2.605

Abstract

Forced marriage of child victims of rape is a phenomenon that places children in a position of double victimization, both as victims of sexual crimes and as subjects who lose their human rights to determine their future freely and with dignity. This research aims to examine forced marriage in the framework of sexual violence against children from the perspective of criminal law and human rights. In its approach, this research uses a normative juridical method with a statutory approach, conceptual approach, comparative approach, and case approach. The results show that forced marriage not only violates children's rights to protection from sexual violence as stipulated in Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence, but also violates the principles of non-discrimination, the best interests of the child, and the right to physical and psychological integrity as guaranteed in the Convention on the Rights of the Child (CRC) and other international human rights instruments. This research emphasizes the importance of legal recognition of forced marriage as a form of sexual violence and the need for a comprehensive policy in the handling and recovery of child victims.
Optimization of the Death Penalty in National Criminal Law Dino Rizka Afdhali; Yanto Yanto; Slamet Tri Wahyudi
International Journal of Sociology and Law Vol. 2 No. 2 (2025): May : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i2.643

Abstract

Under Law No. 1 of 2023 or the New Criminal Code, capital punishment is regulated as a punishment that involves the deprivation of the defendant's life for serious crimes committed, with its implementation following the procedural rules for capital punishment in Indonesia. The provisions outlined in Article 67 of the New Criminal Code specify the application of capital punishment in Indonesia, stating that it is no longer the primary punishment but rather the last resort after a ten-year probationary period. This study uses a normative legal method with legal sources such as primary legal materials, namely laws regulating capital punishment, as well as secondary legal materials, which explain and clarify the primary laws. The debate on capital punishment involves two main schools of thought, namely those who support the application of capital punishment for serious crimes and those who reject the application of capital punishment due to the human rights perspective adopted by the Indonesian state. Criticism of the death penalty includes issues of the right to life and the legal treatment that should be given by the government to defendants for extraordinary crimes, especially in cases of corruption, premeditated murder, and narcotics. In this study, it was found that (1) the optimal form of regulation of the death penalty for extraordinary crimes has actually been implemented quite well, but the execution of the death penalty is still considered weak by the author because the execution must be preceded by a waiting period of several years in prison for the condemned prisoner (2) that the death penalty is not contrary to human rights, whether viewed from a legal, religious, or international perspective. (3) The new Criminal Code can balance the retributive and rehabilitative aspects as the ideal concept for the implementation of the death penalty. However, in some provisions, it is hoped that the death penalty can be used as a Premium Remedium in certain cases.
Criminal Law Policy in Dealing With The Development of Transnational Cyber Crime Saptha Nugraha Isa; Rahmayanti Rahmayanti; Paulus Purba; Krismanto Manurung
International Journal of Sociology and Law Vol. 2 No. 2 (2025): May : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i2.652

Abstract

This abstract analyzes the urgency of criminal law policy in tackling the rapidly evolving transnational cybercrime. The rapid advancement of information and communication technology has created increasingly complex, cross-border, and difficult-to-detect cybercrime modus operandi. Indonesia, as part of the global community, faces serious challenges in formulating and implementing effective regulations to combat these crimes. This research aims to identify the challenges of criminal law in Indonesia in dealing with transnational cybercrime and to formulate adaptive strategies to strengthen the existing legal framework. Normative-empirical research methods are employed with a case study approach, legislative analysis, and international legal comparison. The findings indicate that the harmonization of national laws with international standards, enhancement of law enforcement capacity, and strengthening of inter-state cooperation are key. Innovation in criminal law approaches is also needed, focusing not only on prosecution but also on prevention and recovery of losses. The conclusion of this study emphasizes the necessity of comprehensive reform in criminal law policy, encompassing substantive, procedural, and institutional aspects, to create a system responsive to the dynamics of transnational cybercrime.
Anti Dumping Code in International Trade Law in Relation to Unfair Trade Practices Ukas Ukas; Lenny husna
International Journal of Sociology and Law Vol. 2 No. 2 (2025): May : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i2.678

Abstract

The application of the Anti-Dumping Code in international trade law is the topic of discussion in this article. Particular attention is paid to what happens when unfair trade practices are involved. The primary focus is on addressing the issue of price discrimination in international trade, which frequently brings about negative consequences for developing nations like Indonesia. The article provides a description of the phenomenon of dumping, including its impact on domestic producers, as well as anti-dumping rules within the context of the GATT and WTO. This is accomplished through theoretical studies and normative analysis. In addition, it covers the difficulties that arise when putting anti-dumping legislation into effect, as well as the remedies that can be implemented to defend domestic markets from losses that are caused by dumping. The purpose of this article is to highlight the significance of international cooperation and domestic law amendments in order to maximize the effectiveness of the Anti-Dumping Code as an instrument for protecting fair trade.
Law Enforcement Against the Criminal Acts of Lobster Seed Smuggling in West Tanjung Jabung Regency : Study of Case Register Decision Number: 144/Pid.Sus/2023/Pn.Klt Daniel Edward Hernando Situmorang; Ismaidar Ismaidar; Muhammad Arif Sahlepi
International Journal of Sociology and Law Vol. 2 No. 3 (2025): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i3.707

Abstract

Lobster is one of Indonesia's marine resources that has high economic value and is very important for the country's economy, but excessive lobster fishing and smuggling of lobster seeds have caused a decrease in the productivity of marine resources and significant state losses, so effective law enforcement efforts are needed to protect Indonesia's marine resources from these illegal acts. The problem in this study is how the law is enforced by the West Tanjung Jabung Police against the crime of smuggling lobster seeds (Study of Case Register Decision Number: 144 / Pid.Sus / 2023 / Pn Klt ), and what factors are the causes. The research method used is normative juridical, a type of legal research that focuses on the analysis and interpretation of legal norms that apply in a legal system. The study shows that the three defendants in the crime of smuggling lobster seeds were sentenced to 2 years in prison and a fine of IDR 5,000,000 based on Article 27 number 26 Article 92 of Law Number 6 of 2023 concerning Job Creation. The factors causing this crime include internal factors (economic and education) and external factors (politics, environment, and lack of security). Suggestions from the study are: Reviewing the lobster seed export policy. Improving coordination between law enforcement officers and community participation. Improving the capacity and competence of law enforcement personnel.
Minimum Capital Requirements for Limited Liability Company for Foreign Investment in a Notarial Deed Based on Job Creation Law Ni Kadek Bella Kurnia Agustini; Johannes Ibrahim Kosasih; I Nyoman Sujana
International Journal of Sociology and Law Vol. 2 No. 3 (2025): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i3.708

Abstract

The implementation of the Job Creation Law has brought significant changes to the regulation of foreign investment in Indonesia, particularly through the establishment of a minimum capital requirement for a Foreign Investment Limited Liability Company (PT PMA) of IDR 10 billion. This study aims to examine the formal minimum capital requirements for PT PMA in notarial deeds under the Job Creation Law using normative juridical methods with statutory, conceptual, and case study approaches, and referring to the theory of legal certainty, responsibility, and legal protection. The analysis includes the evolution of PT minimum capital regulations, capital classification within the company's legal structure, the phenomenon of fictitious PT PMAs such as the PT BKG case, and the status and limitations of notary responsibilities. The results of the study indicate that although the minimum capital requirement for PT PMAs has been explicitly stipulated in Government Regulation No. 5 of 2021 and Regulation of the Head of the Investment Coordinating Board (BKPM) No. 4 of 2021, there are legal loopholes in the form of unclear capital deposit periods, weak verification and oversight mechanisms, and the prevalence of nominee practices and fictitious PT PMAs that reduce the effectiveness of the policy. The notary's position as a public official plays a strategic role in drafting deeds of establishment, verifying documents, and providing legal counseling, but has limited authority in verifying material truth. The study concluded that regulatory improvements are needed through establishing clear capital deposit periods, strengthening verification and oversight mechanisms, and harmonizing regulations between institutions to ensure the effective implementation of minimum capital requirements for foreign-owned companies (PT PMA) in accordance with the principle of economic sovereignty.
Law Enforcement Against Illegal Logging that Occurs in the Forest Area of Kwala Sefruh Village Joe Van Rajs Hutabarat; Selfiei Helfianto Simarmata; Suci Ramadani
International Journal of Sociology and Law Vol. 2 No. 3 (2025): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i3.709

Abstract

Illegal logging is a form of environmental crime that has a serious impact on forest destruction, loss of biodiversity, and disruption of ecosystem balance. This study aims to analyze law enforcement efforts against illegal logging practices in the Kwala Serapuh Village Forest area. The method used in this study is an empirical juridical approach with data collection through interviews, field observations, and documentation. The results of the study show that despite the existence of regulations governing forest protection, law enforcement still faces various obstacles such as weak supervision, limited resources of law enforcement officials, and the involvement of individuals in these illegal practices. Efforts made include taking action against perpetrators, increasing patrols, and empowering communities around the forest. However, the effectiveness of law enforcement still needs to be improved through inter-institutional synergy, strengthening the capacity of the apparatus, and increasing community participation. This study concludes that law enforcement against illegal logging in the Kwala Serapuh Village Forest is still not optimal and requires a more comprehensive approach.
Legal Review of Legal Protection for Communities Affected by Land Acquisition for Public Interest under Law No. 2 of 2012 on Land Acquisition for Development in the Public Interest Saniah Saniah
International Journal of Sociology and Law Vol. 2 No. 3 (2025): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i3.710

Abstract

This research examines the legal protection available to communities affected by land acquisition for public interest development in Indonesia. Although governed primarily by Law No. 2 of 2012 and updated through Law No. 6 of 2023, many legal ambiguities remain, especially regarding the fairness of compensation and the recognition of informal or uncertified land rights. The objective of this study is to critically evaluate the adequacy of these legal frameworks and identify gaps that undermine justice for affected populations. Employing a normative-juridical method, the research conducts doctrinal analysis, comparative law review (with cases from Malaysia and India), and stakeholder consultation to assess both the text and implementation of relevant laws. The study finds that key legal concepts such as “fair and appropriate compensation” remain undefined in statute, leading to inconsistent application across regions. Furthermore, compensation mechanisms such as share ownership and resettlement are inadequately regulated and poorly implemented. The findings emphasize the disparity between normative intent and administrative reality, particularly for holders of uncertified land. By integrating stakeholder feedback with normative evaluation, the research proposes actionable reforms to strengthen legal protection and uphold constitutional guarantees under Article 28H. In conclusion, while Indonesia has made progress in establishing a framework for public interest land acquisition, significant doctrinal and institutional reforms are required to ensure equitable outcomes for all landholders.
Law Enforcement Against Companies Accused of Illicitly Providing Facilities for Jarimah in Banda Aceh City's Jurisdiction Putri Amalina; Mohd. Din; Ali Abubakar
International Journal of Sociology and Law Vol. 2 No. 3 (2025): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i3.711

Abstract

The special autonomy granted to Aceh Province allows for the implementation of Islamic criminal law (jinayat), yet challenges remain in law enforcement, particularly against corporations that provide facilities for Jarimah. Despite the enactment of Qanun Number 6 of 2014 on Hukum Jinayat, prosecutions have largely focused on individuals, while companies such as hotels, boarding houses, and cafés frequently escape accountability, even when their facilities are used to commit acts such as khalwat, maisir, and zina. This study aims to examine the enforcement mechanisms targeting such corporate entities within the jurisdiction of Banda Aceh City. Employing empirical legal research methods, the study utilizes qualitative analysis based on field observations, interviews with stakeholders, and a review of legal documents. The findings indicate that law enforcement efforts are hampered by five major factors: vague and incomplete legal provisions; limited knowledge and training among investigators; inadequate human resources and supporting infrastructure; a lack of public support; and deeply rooted cultural practices that often favor informal resolutions over formal prosecution. Despite the legal possibility of corporate liability under the qanun, enforcement remains weak due to unclear definitions, particularly concerning intent and the element of facilitation. The study concludes that the effectiveness of law enforcement in this domain is critically undermined by structural and normative deficiencies. Therefore, reform is urgently needed, including amendments to legal texts, comprehensive investigator training, and public engagement strategies to ensure corporate accountability in supporting the implementation of syari’at Islam in Aceh.

Page 8 of 12 | Total Record : 118

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