Indonesian Journal of Law and Justice
IJLJ: Indonesian Journal of Law and Justice, is an open access Indonesian national journal that is peer reviewed and published in various leading databases. This journal provides a forum with the aim of motivating Lecturers, Students, Legal Researchers, Legal Practitioners, and personnel in all fields of Law. This journal publishes articles in all areas of Law, including: Criminal Law, Civil Law, Company Law, Corporate Law, Labor Law, Family Law, Tort Law & Consumer Protection Law, Professional Ethics, Constitutional Law, Evidence Law, Arbitration, Conciliation & Alternatives, Human Rights, Environmental Law, Property Law, Jurisprudence, Legal Aid, Contract Law, Criminal Procedure Law, Civil Procedure Law, Statute Interpretation, Legal Writing, Administrative Law, Land Law (Including Ceiling and Other Local Laws), Investment & Securities Law, Taxation Law, Cooperative Law, Banking Law (Including Negotiable Instruments Law), Contracts/ Trusts/ Women & Law, Criminology, National Economic Law, Comparative Law, Insurance Law, Conflict of Laws, Intellectual Property Law, Distributive Justice, Environmental Justice, Injustice, Employment Injustice, Open Justice, Organizational Justice, Poetic Justice, Social Justice, Justice Spatial, Natural Law, Analytical Jurisprudence, Normative Jurisprudence, Sociological Jurisprudence, Therapeutic Jurisprudence, Virtue Jurisprudence, Historical Jurisprudence, Kauteler Jurisprudence, Feminist Jurisprudence, Political Jurisprudence, Postmodernist Jurisprudence, and others.
Articles
28 Documents
<![CDATA[Legitimasi dan Kepastian Hukum Sertifikat Elektronik: Transformasi Digital Sistem Pertanahan Indonesia ]]>
<![CDATA[Sukarno, Karmila Sari]]>
<![CDATA[ Indonesian Journal of Law and Justice Vol. 2 No. 2 (2025): Indonesian Journal of Law and Justice ]]>
Publisher : <![CDATA[CV. Kurnia Grup ]]>
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DOI: 10.61476/q8e7s612
<![CDATA[The digitalization of land administration through the implementation of electronic land certificates constitutes an integral part of public service modernization and bureaucratic reform in the land sector. This policy aims to enhance efficiency, transparency, and legal certainty in land registration, while simultaneously responding to the high incidence of agrarian conflicts in Indonesia. This study employs a library research method by examining statutory regulations, legal doctrines, and relevant literature to analyze the legitimacy and legal certainty of electronic land certificates. The findings indicate that, from a normative perspective, electronic land certificates have obtained legal recognition as electronic documents and valid legal evidence, and provide administrative certainty through electronic systems and electronic signatures. Nevertheless, substantive legal certainty has not been fully ensured, as the foundation of Indonesian land law continues to adhere to a negative publication system and the regulation of electronic land certificates remains at the level of ministerial regulations. Furthermore, the legitimacy of electronic land certificates is strongly influenced by system reliability, data security, and the accuracy of issuance and media conversion procedures. Therefore, strengthening the regulatory framework, enhancing data security and system integration, and implementing more comprehensive verification mechanisms are necessary to ensure legal certainity and gaining broad acceptance within society.]]>
<![CDATA[Rekonstruksi Penghentian Penuntutan Berbasis Kepentingan Hukum dalam Kerangka Diskresi dan Manajemen Risiko Sistem Peradilan Pidana ]]>
<![CDATA[Sipayung, Baren]]>;
<![CDATA[Zulkifli]]>
<![CDATA[ Indonesian Journal of Law and Justice Vol. 2 No. 2 (2025): Indonesian Journal of Law and Justice ]]>
Publisher : <![CDATA[CV. Kurnia Grup ]]>
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DOI: 10.61476/jtvsxq16
<![CDATA[The enactment of Law Number 1 of 2023 on the Indonesian Criminal Code (the National Criminal Code) marks a fundamental shift from a colonial criminal law framework toward a national legal system grounded in substantive justice and the protection of human rights. Nevertheless, at the practical level, the implementation of these progressive norms is frequently constrained by a gap between law in books and law in action. This study examines the termination of prosecution in the Hogi Minaya case by the Sleman District Prosecutor’s Office as a critical intersection of prosecutorial discretion, socio-political pressure, and institutional risk management. Employing an interdisciplinary approach that integrates responsive criminal law theory and public risk management, the study reveals a significant implementation gap at the operational level of law enforcement agencies. The findings indicate that law enforcement authorities tend to adopt a defensive law enforcement approach to mitigate procedural accountability risks, which in turn leads to the marginalization of justificatory grounds under Article 34 of the National Criminal Code until legislative intervention occurs. This research proposes a new framework for understanding prosecutorial discretion not merely as a technical legal instrument, but as a form of strategic risk response aimed at preserving the legitimacy of the criminal justice system.]]>
<![CDATA[Tanggung Jawab Perdata Notaris atas Kelalaian dalam Pembuatan Akta Autentik ]]>
<![CDATA[Agustina, Lia]]>
<![CDATA[ Indonesian Journal of Law and Justice Vol. 2 No. 2 (2025): Indonesian Journal of Law and Justice ]]>
Publisher : <![CDATA[CV. Kurnia Grup ]]>
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DOI: 10.61476/8647cp36
<![CDATA[This research analyzes the forms of notary's civil liability for negligence in making authentic deeds and the forms of legal protection provided to notaries. The background of this research is the increasing number of cases of authority abuse by notaries resulting in losses to the parties and third parties, as well as the imbalance between the idealism of the notary position as an independent public official and the reality of practice in society. The research problems formulated are: (1) what are the forms of notary's civil liability in making authentic deeds; and (2) what are the forms of legal protection for notaries. The method used is normative juridical with a statutory approach examining the Indonesian Civil Code and the Notary Office Law, as well as a case approach analyzing the West Java High Court Decision Number 09/PDT/2017/PT.BDG and the Supreme Court Decision Number 3121 K/Pdt/2018. The results show that notary's civil liability stems from their attributive authority and is based on unlawful acts (Article 1365 of the Indonesian Civil Code), which may include joint and several liability for material and immaterial compensation, deed cancellation, payment of dwangsom, and degradation of authentic deed's evidentiary power to that of a private deed (Article 1869 of the Indonesian Civil Code). This liability is personal and ongoing, not expiring even when the notary's position ends. As a counterbalance, notaries receive legal protection through the right to refuse testimony, internal professional forums (Supervisory Assembly and Notary Honor Council), the right to refuse making deeds, treatment as expert witnesses in court, and cultural protection in the form of a legal culture that respects the independence of the notary position. The Indonesian legal system has created a balance between accountability and professional protection for notaries.]]>
<![CDATA[Jerat 30 Persen Belanja Pegawai dan Mutu Layanan Daerah ]]>
<![CDATA[Baren Sipayung]]>;
<![CDATA[Agus Prasetyo]]>
<![CDATA[ Indonesian Journal of Law and Justice Vol. 3 No. 1 (2026): Indonesian Journal of Law and Justice ]]>
Publisher : <![CDATA[CV. Kurnia Grup ]]>
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DOI: 10.61476/gsnez581
<![CDATA[This article analyzes the legal and institutional implications of the 30 percent cap on regional employee spending in Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments. This policy was originally formulated to improve the quality of regional spending, expand the fiscal space for public services, and reduce the tendency for the Regional Budget (APBD) to be absorbed by bureaucratic costs. However, at the implementation level, the cap, read narrowly as a numerical target, can create tensions with the legal obligations of regional governments as employers, particularly in fulfilling the financial rights of state civil servants, including Government Employees with Employment Contracts. Using a normative juridical approach enriched by document studies and case illustrations of complaints from PPPK (Regional Employee Compensation Officers) in Tarakan City, this article demonstrates that late payment of Employee Income Supplements is not merely an administrative issue but can develop into a public service risk, accrual accounting risk, audit risk, and risk to the legitimacy of regional government. The study's findings emphasize the need for an adaptive implementation model: employee spending control remains in place, but must be accompanied by ASN needs planning, data validation, obligation recognition, and service performance measurement. This article recommends that the 30 percent limit not be used as an excuse to delay the rights of civil servants, but rather be positioned as an entry point for organizational reform, performance-based remuneration, and strengthening regional fiscal accountability.]]>
<![CDATA[Analisis Yuridis Pengesahan Jual Beli Tanah Di Bawah Tangan Dan Implikasinya Terhadap Balik Nama Sertipikat Hak Guna Bangunan (Studi Putusan Nomor 132/Pdt.G/2025/PN.Srg) ]]>
<![CDATA[Amin Rahmat Sidik]]>;
<![CDATA[Ahmad Rizky Apriana]]>
<![CDATA[ Indonesian Journal of Law and Justice Vol. 3 No. 1 (2026): Indonesian Journal of Law and Justice ]]>
Publisher : <![CDATA[CV. Kurnia Grup ]]>
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DOI: 10.61476/dxf5g737
<![CDATA[In Indonesia’s agrarian legal system, every transfer of land rights must be registered to ensure legal certainty and protection. However, private land sale transactions conducted without the involvement of a Land Deed Official (PPAT) remain common. This study analyzes the legal validity of such transactions, judicial considerations in related disputes, and their implications for land administration. Using a normative juridical method with statutory and case approaches, this research examines Decision Number 132/Pdt.G/2025/PN.Srg. The findings show that private land sales are substantively valid if they meet the requirements of Article 1320 of the Indonesian Civil Code. Nevertheless, they lack formal administrative validity because they are not supported by an authentic PPAT deed and therefore cannot serve as a basis for registering the transfer of land rights. In the examined case, the court applied a substantive justice approach by considering the purchaser’s good faith, long-term possession of the land, and supporting evidence. As a result, the court decision functioned as a legal substitute for the sale and purchase deed, enabling the transfer of the land certificate. This study highlights the important role of courts in bridging the gap between formal legal requirements and social realities while promoting legal certainty and justice in land administration.]]>
<![CDATA[Analisis Yuridis Perhitungan Pesangon bagi Pekerja yang Terkena Pemutusan Hubungan Kerja dengan Alasan Efisiensi ]]>
<![CDATA[Muhamad Restu]]>;
<![CDATA[Singgih]]>
<![CDATA[ Indonesian Journal of Law and Justice Vol. 3 No. 1 (2026): Indonesian Journal of Law and Justice ]]>
Publisher : <![CDATA[CV. Kurnia Grup ]]>
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DOI: 10.61476/08r35k33
<![CDATA[Termination of employment (PHK) for efficiency reasons is a crucial issue in employment practices in Indonesia, particularly regarding the fulfillment of workers' rights, particularly severance pay. This study aims to legally analyze the severance pay calculation mechanism for workers laid off due to efficiency, referring to the provisions of Law Number 13 of 2003 concerning Manpower, as amended by Law Number 6 of 2023 concerning Job Creation, and its implementing regulations. The research method used is normative legal research with a statutory and conceptual approach. The data used consists of primary, secondary, and tertiary legal materials analyzed qualitatively. The results show that the calculation of severance pay in cases of layoffs due to efficiency has undergone significant changes following the enactment of the new regulations, particularly regarding the amount of compensation received by workers. Under certain conditions, efficiency accompanied by company closure may result in different severance pay entitlements than efficiency without closure. Furthermore, the existence of derivative regulations, such as Government Regulation Number 35 of 2021, clarifies the scheme for providing severance pay, long-service awards, and compensation for rights. Further analysis shows that although the regulation provides a clear legal framework, its application remains open to multiple interpretations, particularly regarding the definition of efficiency and the justification for layoffs by employers. This has implications for potentially suboptimal legal protection for workers. Therefore, consistent interpretation and strengthening of the role of industrial relations dispute resolution institutions are needed to ensure legal certainty and justice for all parties.]]>
<![CDATA[Penyelesaian Wanprestasi dalam Perjanjian Simpan Pinjam pada Koperasi Syariah Benteng Mikro IndonesiaDitinjau dari Undang-Undang Nomor 25 Tahun 1992 tentang Perkoperasian ]]>
<![CDATA[Deriel Venus Kurniawan]]>;
<![CDATA[Khaerul]]>
<![CDATA[ Indonesian Journal of Law and Justice Vol. 3 No. 1 (2026): Indonesian Journal of Law and Justice ]]>
Publisher : <![CDATA[CV. Kurnia Grup ]]>
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DOI: 10.61476/fs3yyy24
<![CDATA[This study discusses the settlement of defaults in savings and loan agreements at the Benteng Micro Indonesia Sharia Cooperative (BMI). The problem of default in cooperatives is an important problem because it can affect the financial stability of the cooperative, the legal relationship between the cooperative and members, and the level of trust of members in the cooperative. This study aims to analyze the legal provisions regarding savings and loan agreements in sharia cooperatives and examine the default settlement mechanism applied to BMI Sharia Cooperatives. The research method used is normative legal research with a legislative approach, a conceptual approach, and a case approach. The legal materials used consist of primary, secondary, and tertiary legal materials obtained through literature studies. Furthermore, legal materials are analyzed in a qualitative descriptive manner to obtain a systematic understanding of the research problem. The results of the study show that savings and loan agreements in sharia cooperatives are basically subject to the provisions of the Civil Code and regulations in the field of cooperatives, and are influenced by sharia principles that emphasize justice and balance. The form of default that occurs is generally in the form of late payment, non-fulfillment of payment obligations, or the implementation of obligations that are not in accordance with the content of the agreement. Settlement of defaults in BMI Sharia Cooperatives prioritizes the non-litigation route through deliberation, negotiation, mediation, and collection consistently by prioritizing the principle of kinship. However, there are still several obstacles, such as weak dispute resolution documentation, lack of strict implementation of sanctions, and low legal understanding of cooperative members and management. Based on the results of the research, it is necessary to strengthen the legal aspect in resolving defaults without overriding family values that are characteristic of cooperatives. Thus, the settlement of defaults is expected to be able to provide legal certainty, protection for the parties, and maintain the sustainability of cooperatives as community-based economic institutions.]]>
<![CDATA[Perlindungan Hukum Terhadap Konsumen Dalam Transaksi Jual Beli Online Di Indonesia ]]>
<![CDATA[Tubagus Yursil Gifni]]>;
<![CDATA[Zandi Fernandi]]>
<![CDATA[ Indonesian Journal of Law and Justice Vol. 3 No. 1 (2026): Indonesian Journal of Law and Justice ]]>
Publisher : <![CDATA[CV. Kurnia Grup ]]>
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DOI: 10.61476/2b54vn80
<![CDATA[The development of digital technology has driven a major transformation in the trading system, especially through online buying and selling transactions (e-commerce). Ease of access, time efficiency, and wide market reach make online transactions increasingly in demand by the public. However, behind this convenience, there are various legal risks that have the potential to harm consumers, such as fraud, mismatch of goods, and misuse of personal data. This study aims to analyze the form of legal protection for consumers in online transactions in Indonesia and identify obstacles in its implementation. The research method used is normative legal research with a legislative and conceptual approach. The results of the study show that consumer protection has been regulated in various regulations such as the Consumer Protection Law and the Electronic Information and Transaction Law. However, its implementation still faces various obstacles such as low public legal literacy, weak supervision, and difficulties in law enforcement. Therefore, it is necessary to strengthen regulations, increase education, and synergy between parties to create a safe and fair digital trading system.]]>
