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International Journal Of Synergi In Law, Criminal And Justice
Published by PT. Sinergi Legal Publisher
ISSN : -     EISSN : 30484022     DOI : https://doi.org/10.70321/ijslcj
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
International Journal of Synergy in Law, Criminal, and Justice (IJSLCJ): is an academic journal that explores various branches of legal studies including criminal law, civil law, constitutional law, administrative law, commercial law, tax law, labor law, and other related disciplines and derivatives. The journal aims to build synergy among different legal disciplines, reveal the complexity of their interactions, and promote a deeper understanding of the legal system and justice. With an integrative and innovative approach, IJSLCJ appeals to legal practitioners, academics, and researchers focused on comprehensive analysis concerning legal reform, justice policy, and comparative studies within the context of law and justice globally.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 30 Documents
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Search results for , issue "Vol. 2 No. 1 (2025): SLP-IJSLCJ" : 30 Documents clear
CIVIL LIABILITY OF COMPANIES THAT COMMIT FOREST DESTRUCTION FROM THE PERSPECTIVE OF ENVIRONMENTAL LAW IN INDONESIA Alya Amanda; Laura Yolanda Hutabarat; Fany Annisa Nst; Bambang Fitrianto
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.66

Abstract

This study examines the civil liability of companies that damage forests from the perspective of Indonesian environmental law. The main focus of the study is to evaluate how effective the implementation of the principle of liability in the context of environmental protection, especially through strict liability mechanisms. This study uses a normative legal approach with secondary legal materials and primary legal materials as data sources. Data collection techniques are carried out through literature and documentation studies and qualitative analysis using a descriptive approach. The results of the study indicate that the implementation of strict liability can improve corporate accountability; however, to clarify the accountability mechanism and improve public access to justice, the legal system still needs to be changed.
CIVIL LIABILITY OF NURSES IN THERAPEUTIC AGREEMENTS IN LAW NO. 17 OF 2023 AND EFFORTS TO PREVENT VIOLATIONS OF THE LAW IN THERAPEUTIC AGREEMENTS Bambang Fitrianto
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.67

Abstract

Nurses have a very important role in supporting the quality of hospital services and public health services. Nurses are the spearhead and are often used as indicators of the quality of health services and play a role in determining the level of patient satisfaction. However, in practice, it is possible that negligence or errors made by health workers can occur which can have fatal consequences for patients. In this regard, nurses as medical personnel cannot be separated from the legal consequences of therapeutic transactions carried out as accountability for losses arising from negligence by health workers in carrying out service duties, this is regulated in Article 308 of Law No. 17 of 2023 concerning Health. The purpose of writing this journal is to determine the legal consequences of therapeutic transactions as civil liability for nurses in public health services. The method used in this thesis is normative legal research, with data collection through library research and related laws and regulations. Based on the results of the research conducted, the legal consequences of therapeutic transactions as civil liability for nurses in public health services are that health workers working in hospitals are also held legally accountable if they meet the requirements as stated in Article 308 of Law No. 17 of 2023 concerning Health, namely: Medical Personnel and Health Personnel who are held accountable for actions/deeds related to the implementation of Health Services that are detrimental to Patients in a Civil Law. Thus, civil liability in a therapeutic health service agreement, the perpetrator can be sued on the basis of breach of contract for the medical agreement made (Article 1243 of the Civil Code) and unlawful acts (Article 1365 of the Civil Code) if they have received a recommendation from the professional disciplinary council as Article 304 of Law No. 17 of 2023.
AGRARIAN CONFLICT AND CIVIL LAW IN MANAGEMENT OF C OIL MINING IN THE BATANG TORU PROTECTED FOREST AREA SOUTH TAPANULI Vivian Hasra Sitompul; Bastian Romual s; Muhammad Dzaky Epindo; Bambang Fitrianto
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i1.68

Abstract

Management of Class C Mining in the Batang Toru protected forest area, South Tapanuli, is one of the crucial issues that triggers agrarian conflicts, especially related to the rights of customary law communities (MHA). This study aims to examine the civil law aspects in the management of Class C Mining and its implications for agrarian conflicts involving MHA. The agrarian conflict case in Batang Toru shows violations of civil regulations related to forest area use permits, business use rights, and utilization of natural resources. A descriptive qualitative approach is used in this study with a document analysis method of the National Inquiry report of the National Human Rights Commission and related government policies. The findings of this study indicate that agrarian conflicts in this area are driven by weak government supervision of the issuance of business permits, as well as rampant violations of MHA rights due to exploitation of natural resources that do not comply with legal procedures. The cases of PT. Gemala Borneo Utama and PT. Selantai Agro Lestari are real illustrations of how weak cross-sectoral government coordination has an impact on the sustainability of agrarian conflicts. In addition, the implementation of civil law in dispute resolution is still minimal due to the absence of cross-sectoral institutions that have full authority to handle agrarian conflicts comprehensively
LEGAL STUDY OF THE AUTHORITY OF THE MEDAN HIGH COURT IN CORRECTING CRIMINAL DECISIONS IN DOMESTIC VIOLENCE CASES Sempati Uli Artha Tambunan; Tika Hairani; Aulia Rahman Hakim Hasibuan
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i1.70

Abstract

What is desired by couples in a marriage is to form a family that is able to provide eternal happiness and create harmony and peace in addition to having children in accordance with Law Number 1 of 1974 concerning Marriage. Domestic violence (KDRT) is a form of violence that has characteristics that occur in the home environment, involving family members as perpetrators and victims. However, domestic neglect of wives still often occurs, although various efforts have been made to reduce and even overcome it. Based on this, the problem arises of what factors cause domestic neglect and how to punish perpetrators of domestic violence. Therefore, research is needed, namely the type of empirical legal research. In this case, the law is conceptualized as an empirical symptom that can be observed and studied in the field. The factors that cause domestic neglect are economic problems, infidelity and behavioral factors. The problem of punishment from the analysis of cases of domestic neglect that were raised was the imposition of a criminal sentence on the defendant with a very light 6-month prison sentence. Regarding the elimination of domestic violence, this is regulated in Law Number 23 of 2004.
EFFECTIVENESS OF ENVIRONMENTAL CRIMINAL LAW ENFORCEMENT IN CASES OF ENVIRONMENTAL CRIME OF ILLEGAL LOGGING CASE STUDY AT THE SUMATERA ELEPHANT FOUNDATION Adillah Fajar Siddiq; Abdulrahman Nur Wahidin; Aulia Rahman Hakim Hasibuan
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i1.71

Abstract

Illegal logging is a significant environmental problem, especially in developing countries with large tropical forest areas. This activity not only causes forest degradation, but also has an impact on the loss of biodiversity, climate change, and socio-economic conflicts in local communities. This study aims to analyze the causal factors, impacts, and mitigation efforts of illegal logging. The results show that the main factors that trigger illegal logging include weak law enforcement, high demand for illegal wood, and economic pressure at the local level. The impacts include ecosystem damage, increased carbon emissions, and decreased quality of life for indigenous and local communities. To overcome this problem, effective strategies include increasing supervision, empowering local communities, implementing strict policies, and cooperation between countries in controlling the illegal wood trade. This study recommends a holistic approach involving various stakeholders to protect forests sustainably. The Sumatran Elephant Foundation has a very important role in overcoming this problem. As a conservation institution, Yagasu not only monitors and documents illegal logging activities, but is also active in conducting education and advocacy activities to the community about the importance of protecting mangrove forests and how to properly process mangrove products.
KEKUATAN HUKUM DAN BATASAN PERJANJIAN BERSAMA TERDAFTAR DALAM KONTEKS UNDANG-UNDANG NOMOR 2 TAHUN 2004 TENTANG PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL Rifa Zulkarnain; Henry Aspan
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i1.72

Abstract

Industrial relations disputes are a common phenomenon in employment relations between employers and workers. The resolution of these disputes is very important to maintain the stability of conducive and fair industrial relations for both parties. In the legal system in Indonesia, the resolution of industrial relations disputes is regulated in Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes. One form of settlement accommodated by this law is through a Joint Agreement (PB). This study aims to determine the legal basis of the Joint Agreement in resolving industrial relations disputes, and how the execution of the registered Joint Agreement is determined and the legal efforts that can be taken against the execution of the registered Joint Agreement. The research method used in this study is the normative legal research method, by looking at, studying, and understanding legal materials, based on positive legal studies. From this study it can be concluded that the legal basis of the Joint Agreement is regulated in Articles 3 and 7 of Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes, where the Joint Agreement is the result of the settlement of industrial relations disputes in a bipartite manner. The determination of the execution of the registered Joint Agreement is carried out through an application for execution at the Industrial Relations Court at the District Court in the area where the Joint Agreement is registered to obtain an execution determination. The legal remedies for the determination of the execution of the registered joint agreement are through the legal remedies of Cassation and Derden Verzet. This is because based on the provisions of Article 57 of Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes which explains that the procedural law applicable to the Industrial Relations Court is the Civil Procedural Law applicable to the Courts within the General Court environment.
HEALTH ETHICS AND ADMINISTRATIVE SANCTIONS AGAINST MALPRACTICE BY DOCTORS IN INDONESIA Wirandi Dalimunthe; Ismaidar, Ismaidar
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i1.73

Abstract

Malpractice is an error or negligence committed by health workers in carrying out their profession that is not in accordance with existing professional standards. This study aims to review the forms of administrative sanctions against malpractice by doctors in Indonesia based on a positive legal perspective and review the ethical aspects of health law. Ethics are crucial in the guidelines for behavior and decision-making of health workers, health law ethics include the obligations and responsibilities of a health worker in carrying out daily practice. The method used is the normative legal research method by examining existing library materials, at the level of severe malpractice doctors can be subject to sanctions in the form of revocation of practice licenses, while at other levels doctors can be subject to various forms, such as criminal sanctions, civil, administrative sanctions, and fines. Through this article, it is hoped that it will provide a comprehensive understanding of the ethics of the health profession to strengthen the moral basis in carrying out daily practice, and provide an understanding of the close relationship between ethics and health law. The conclusions of this study can be used as a guide for health practitioners, patients, and related parties to understand and apply ethics and health law as well as possible.
TRANSFORMATION OF RESTORATIVE JUSTICE IN THE INDONESIAN CRIMINAL JUSTICE SYSTEM TOWARDS A JUST AND REHABILITATIVE LEGAL APPROACH Tengku Muhammad Reza Fikri Dharmawan; Ismaidar, Ismaidar; Tamaulina Br. Sembiring
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i1.74

Abstract

Restorative Justice (RJ) offers a new paradigm in the Indonesian criminal justice system that focuses on restoration, reconciliation, and rehabilitation rather than just punishment. Although various regulations such as Attorney General Regulation Number 15 of 2020, Circular Letter of the Chief of Police Number SE/8/VII/2018, and PERMA Number 2 of 2012 have supported the implementation of RJ, this approach still faces various challenges. Inconsistent regulations and minimal capacity of law enforcement officers are the main obstacles in the effective implementation of RJ principles. This lack of integration of regulations creates legal uncertainty, while the lack of training and technical guidance hinders officers from managing conflicts fairly and inclusively. This study analyzes the importance of RJ transformation through the establishment of an independent Restorative Justice Law. This law is expected to unify various sectoral regulations, expand the scope of RJ implementation, increase accountability, and equip officers with adequate capabilities to implement RJ consistently. With a clear legal basis, the Indonesian criminal justice system can move towards a more just and rehabilitative approach, in accordance with the values ​​of Pancasila. The research results recommend the establishment of an integrated legal framework, intensive training for law enforcement officers, and public education to improve public understanding of RJ. Thus, RJ can be an effective transformation tool in realizing a humanistic and sustainable criminal law system.
TRANSFORMATION OF LEGAL POLITICS IN INDONESIA FROM LIBERAL DEMOCRACY TO PANCASILA DEMOCRACY Christianto , Christianto; Ismaidar , Ismaidar; Tamaulina Br. Sembiring
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i1.75

Abstract

The transformation of legal politics from liberal democracy to Pancasila democracy is an important phenomenon in the history of the legal journey in Indonesia. This change reflects the nation's efforts to create a political and legal system that is in accordance with the personality, culture, and values ​​of Pancasila as the state ideology. During the liberal democracy era, law was oriented towards protecting individual rights and the supremacy of law with a legalistic approach. However, this system faced various obstacles, such as political instability, ideological polarization, and weak consistency in law enforcement. Through the Presidential Decree of July 5, 1959, Indonesia began the transition to Pancasila democracy, which emphasizes the values ​​of deliberation, mutual cooperation, and social justice. This transformation has major implications for legal politics, including a change in legal orientation from individualistic to collective and contextual. However, the implementation of Pancasila democracy is not free from challenges, such as the politicization of law, social inequality, and weak legal culture. This study uses normative methods with a legislative and historical approach to analyze changes in the legal system as well as challenges and opportunities in the implementation of Pancasila democracy today. The results of the study show that, although there are obstacles in the implementation of Pancasila principles, the reform era offers great opportunities to strengthen the legal system through the integration of Pancasila values ​​in legislation, strengthening legal institutions, and digitalizing legal processes. With the right strategy, the values ​​of Pancasila democracy can be integrated more effectively into national legal politics, creating an inclusive, just, and sustainable legal system. This research is expected to contribute to the development of legal political theory and become a reference in efforts to strengthen Pancasila democracy as a legal basis in Indonesia.
LEGAL ANALYSIS OF THE REVERSE BURDEN OF PROOF IN CORRUPTION CASES M. Ridho; Mhd Azhali Siregar
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i1.76

Abstract

Corruption is an extraordinary crime that has a systemic impact on state finances and the social order of society. In an effort to eradicate corruption, Indonesia has implemented a limited and balanced reverse burden of proof system as stipulated in Articles 37 and 37A of Law Number 20 of 2001. This system shifts part of the burden of proof from the public prosecutor to the defendant, who is required to prove the origin of wealth that is not balanced with his income. Although this system is effective in accelerating the judicial process, recovering state losses, and providing a deterrent effect, its implementation faces challenges such as limited competence of law enforcers, potential human rights violations, and limited supporting infrastructure. This study uses normative legal methods with a statutory and conceptual approach to analyze the effectiveness of the implementation of the reverse burden of proof system in corruption crimes. The results of the study indicate that this system requires regulatory harmonization, strengthening the capacity of law enforcement, and developing supporting technology to ensure its implementation runs optimally. Recommendations submitted include intensive training for law enforcers, the preparation of clear technical guidelines, and increasing international cooperation to track and recover hidden assets. With these steps, the reverse burden of proof system can be an effective instrument in eradicating corruption without neglecting the principles of justice and protection of human rights.

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