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INDONESIA
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 122 Documents
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LEGAL PROTECTION AND DETERRENT EFFECT ON BULLYING PERPETRATORS IN INDONESIA Anggi Putra Dito Harahap; T Riza Zarzani; Abdul Razak Nasution
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.51

Abstract

This study discusses legal protection and deterrent effects on perpetrators of bullying in Indonesia, with a primary focus on bullying committed by children in the school environment. Bullying is a form of physical or psychological violence that can have significant negative impacts on perpetrators and victims. In a legal context, bullying is considered an unlawful act that requires serious attention. This study uses a normative juridical method with a descriptive approach to analyze related laws and regulations, especially the Child Protection Law (Law No. 35 of 2014) and the Juvenile Criminal Justice System (Law No. 11 of 2012). The results of the study indicate that there are various forms of legal protection for child perpetrators, such as the right to diversion to avoid formal trials, as well as other basic rights in accordance with the principles of restorative justice. The deterrent effect on perpetrators can be achieved through the application of criminal sanctions and proportional actions, such as imprisonment as regulated in Article 80 of Law No. 35 of 2014. In addition, diversion as an out-of-court settlement approach is considered effective in reducing the negative impact of the judicial process on children, while encouraging recovery for victims. This study concludes that legal protection and the implementation of diversion for perpetrators of bullying are important steps in creating a just, rehabilitative, and preventive legal system. The recommendations of this study include increasing consistent legal implementation and socialization to the community to reduce the number of bullying among children.
APPLICATION OF THE APPLICABLE REGULATIONS ON THE HANDLING OF FOREIGN REFUGEES IN THE MEDAN IMMIGRATION DETENTION HOUSE (RELEVANCE OF PRESIDENTIAL REGULATION NUMBER 125 OF 2016) Danni Ronaldo Simamora; T Riza Zarzani; Rahul Ardian Fikri
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.52

Abstract

This study discusses the implementation of Presidential Regulation (Perpres) Number 125 of 2016 on the handling of foreign refugees at the Medan Immigration Detention Center. Indonesia, as a transit country for international refugees, faces various challenges in handling the increasing number of refugees from Afghanistan, Myanmar, Sri Lanka, Somalia, and other countries. This study uses a normative legal method, by analyzing the legal framework, especially the relevance of Perpres No. 125 of 2016, which is the basis for government policy in providing protection and management of refugees. The results of the study show that the policy of handling refugees in Indonesia still faces a number of obstacles, including the lack of facilities and infrastructure, limited human resources, and budget support. Although Presidential Regulation No. 125 of 2016 is an important legal guideline, its implementation at the Medan Immigration Detention Center is considered not yet fully effective. This Presidential Regulation has not been able to accommodate the needs of refugees comprehensively, especially in terms of human rights protection, social integration, and providing access to education and health. This study recommends strengthening international cooperation with UNHCR and IOM, improving coordination between agencies, and optimizing the role of local governments in providing adequate facilities and protection for refugees. With the implementation of more effective policies oriented to human rights principles, it is hoped that the handling of refugees at the Medan Immigration Detention Center can run better and more sustainably.
DALIHAN NATOLU CUSTOMARY LAW AS AN ALTERNATIVE SOLUTION IN PREVENTION AND ERADICATION OF NARCOTICS CRIMINAL OFFENCES Oskar Refelino Tambunan; T Riza Zarzani; Henry Aspan
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.54

Abstract

Drug crimes are a serious threat in Indonesia, and the positive legal approach has not been effective enough in overcoming it. Dalihan Na Tolu customary law, which applies in the Batak Toba community, offers an alternative community-based solution through three main pillars: Mora, Kahanggi, and Anak Boru. These principles, which emphasize respect, responsibility, and togetherness, can support drug prevention through social control and character education. This study explores the potential of Dalihan Na Tolu customary law as a holistic approach integrated into the national legal system, helping to ease the burden on formal law enforcement and strengthening community participation. By recognizing this customary law, drug prevention efforts are expected to be more effective, inclusive, and sustainable.
INTEGRATION OF THE AUTHORITY OF THE BUSINESS COMPETITION SUPERVISORY COMMISSION IN HANDLING CRIMES IN THE ECONOMIC FIELD Rudianto Sahnitra Padang; T Riza Zarzani
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.55

Abstract

This study discusses the importance of integrating the authority of the Business Competition Supervisory Commission (KPPU) in handling economic crimes in Indonesia. Currently, KPPU's authority is limited to administrative aspects, making it difficult to handle complex cases such as corruption and money laundering. It is necessary to expand KPPU's authority to investigate and prosecute perpetrators of economic violations that have an impact on business competition. Harmonization of regulations and increased coordination with institutions such as the Police and the KPK are also needed for more effective law enforcement. In addition, increasing the technical capacity and human resources of KPPU is expected to create a fair, conducive business environment that supports sustainable economic growth in Indonesia.
BALANCE OF HUMAN RIGHTS PRINCIPLES TOWARDS BLASPHEMY REGULATIONS IN LAW NUMBER 1 OF 2023 CONCERNING THE CRIMINAL CODE Sayed Mursal; T Riza Zarzani
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.56

Abstract

Law Number 1 of 2023 concerning the Criminal Code (KUHP) brings significant changes to the Indonesian criminal law system, especially in terms of regulating the crime of blasphemy. This regulation aims to maintain public order and respect the religious values ​​​​adopted by the Indonesian people. However, this provision has sparked debate, especially regarding freedom of religion and expression. Some parties support this regulation to maintain social harmony, while others are concerned about the potential for abuse that can restrict individual freedom and hinder criticism of religious practices. This study uses a normative approach to analyze the conformity of this law with human rights principles, especially in the context of a multicultural society. The results of the analysis are expected to provide recommendations for the harmonization of fair and balanced regulations, so that there is no discrimination and restriction of freedom of expression in Indonesia.
INTEGRATION OF RESTORATIVE JUSTICE IN MEDICAL DISPUTE RESOLUTION AS A REFORM TO THE INDONESIAN CRIMINAL LAW SYSTEM Mhd Azhali Siregar; Rahul Ardian Fikri; Ayuda Silitonga
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.57

Abstract

Medical dispute resolution in Indonesia often presents a dilemma between the criminal law aspect and the need for a more humane approach. The integration of Restorative justice in handling medical disputes offers a new paradigm that prioritizes the restoration of relationships between the parties involved, rather than focusing only on punishment. This approach is in line with the principle of restorative justice that places victims, perpetrators, and communities in a collaborative and dialogue-based resolution process. This study aims to explore the concept of integrating Restorative justice into the Indonesian criminal law system as a step towards legal reform that is more relevant and contextual to the needs of modern society. With normative juridical methods and analytical approaches, the results of the study show that the application of Restorative justice in medical disputes can encourage the creation of more inclusive justice, reduce conflict levels, and increase public trust in the legal system. Therefore, regulatory reform that accommodates Restorative justice in resolving medical disputes is an urgent need to realize a criminal law system that is more adaptive and responsive to social dynamics.
PRINCIPLES OF LEGAL PROTECTION OF HEALTH SERVICES FROM THE PERSPECTIVE OF SOCIO-LEGAL STUDIES Mhd Azhali Siregar; Rahul Ardian Fikri; Ayuda Silitonga
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.58

Abstract

This study discusses the principle of legal protection in health services with a socio-legal approach. which integrates normative and sociological legal studies. The main focus of the study is on legal protection for patients and medical personnel in the context of health services in Indonesia. Optimal health services require legal certainty. especially related to the rights and obligations of all parties involved. In practice. many disputes arise due to negligence or certain medical actions. which shows a gap between normative rules and implementation in the field. The results of the study indicate that legal protection in health services does not only refer to statutory regulations such as the Health and Medical Law. but must also consider social aspects. culture. and ethics that apply in society. The socio-legal approach offers a comprehensive solution by integrating legal perspectives with social reality. so that it can create substantive justice for patients and medical personnel. From the analysis conducted. it was found that the application of a restorative justice-based approach can be an effective alternative in resolving medical disputes. in addition to formal litigation mechanisms. This is because this approach is more capable of fulfilling a sense of justice for victims. perpetrators. and the wider community. This study concludes that strengthening regulations and implementing legal principles in health services. by considering social aspects. is an important step to achieving a fair. effective. and sustainable health system
LEGAL PROTECTION FOR REPORTERS OF DRUG CRIMES BASED ON LAW NUMBER 35 OF 2009 Nadya Prameswari; Mhd. Azhali Siregar; Fitria Ramadhani
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.59

Abstract

The participation of the community in helping law enforcement officials to prevent and eradicate narcotics abuse is expected to make a very large contribution, considering that the number of personnel of the apparatus itself is very minimal if it has to supervise the illicit circulation of narcotics in the territory of Indonesia which consists of thousands of islands. Based on the actions that will threaten the safety of the witness, it is necessary to have a guarantee of security and protection from the authorities. For this reason, without being asked for witnesses, the authorities must provide security guarantees and the best protection for witnesses if they later experience threats or intimidation from narcotics syndicates.
SHIFT IN LEGAL PARADIGM FROM DECENTRALIZATION TO CENTRALIZATION IN THE MANAGEMENT OF NATURAL RESOURCES FOLLOWING THE OMNIBUS LAW ON JOB CREATION Muhammad Juang Rambe; Wahyu Indah Sari; Danioko S. Sembiring
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.60

Abstract

The implementation of regional autonomy in Indonesia has undergone significant dynamics, particularly concerning changes in the distribution of authority between the central and regional governments. This reflects fluctuations in authority between the central and regional governments influenced by Indonesia's socio-political needs and context. During various periods, Indonesia has experienced shifts in authority, clearly evident in the Omnibus Law on Job Creation policy, which reinforces centralization in the management of vital sectors such as environmental protection, water resources, and electricity. This study employs a descriptive qualitative approach with case studies to examine the impact of this shift in authority, specifically in natural resource management following the enactment of the Omnibus Law. The research findings indicate that the Omnibus Law on Job Creation strengthens the centralization of authority within the central government, reduces the role of regional governments in natural resource management, and introduces stricter and more structured regulations, although there remains room for regions to tailor policies to local conditions. This shift affects the management of natural resources and oversight by the central government, which focuses on sustainable development and administrative efficiency. Therefore, the design of central-regional relations and the fiscal decentralization scheme must be adapted to existing needs and conditions to achieve ecological balance and sustainable social justice.
IMMIGRATION SUPERVISION OF FOREIGNERS APPLYING FOR RESIDENCE PERMITS IN INDONESIA Duma Milanta; Mhd Azhali Siregar; Henry Aspan
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.63

Abstract

To regulate the various types of foreign nationals leaving and entering Indonesian territory, government policy in the immigration sector adheres to the principle of selective policy, namely a policy based on selective principles. Based on this principle, only foreigners can provide benefits to the welfare of the people, nation and State of the Republic of Indonesia, who do not endanger security and order and are not hostile to either the people or the Unitary State of the Republic of Indonesia . In this research, researchers use normative legal studies, namely research that focuses on examining the application of rules or norms. The literature study was carried out with the aim of obtaining secondary data, namely through a series of reading, quoting and reviewing legislation related to the problem. The targets of supervision of foreigners in Indonesia are supervision of their whereabouts (immigration) and supervision of the activities of foreigners while they are in Indonesia. The aspect of monitoring the activities of foreigners requires coordinated activities between agencies in terms of implementing supervision. The Minister of Law and Human Rights as the coordinator at the Central (National) Level together with other relevant government bodies or agencies as the implementer of coordinated supervision of foreigners is called the Coordination of Supervision of Foreigners. A residence permit granted by a State to a foreigner is a form of State sovereignty as a legal State which has complete authority to determine and regulate restrictions for foreigners to stay in a State. This permission is not something that a foreigner can do, but is a privilege given by the State to foreigners

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