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
23 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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
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.]]>
