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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 108 Documents
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Dalihan NATOLU Customary Law as an Alternative Solution to Preventing and Eradicating Narcotics Crimes 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.v1i2.116

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.
STATE CONSTITUTIONAL LEGAL REGULATIONS ON WAR AND NATIONAL DEFENSE IN THE INDONESIAN CONSTITUTION AND ITS IMPLICATIONS FOR NATIONAL SOVEREIGNTY Tanjung, Indra Utama
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 2 (2025): Vol. 2 No. 2 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

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Abstract

The regulation on war and national defense in the Indonesian constitutional law system has a strategic position in maintaining national sovereignty. The provisions in the 1945 Constitution of the Republic of Indonesia, especially Article 10, Article 11, and Article 30, provide a constitutional basis for the President as the holder of the highest power over the Armed Forces, with a checks and balances mechanism through the approval of the House of Representatives in making decisions to declare war. In addition, the universal people's defense and security system (Sishankamrata) emphasizes the participatory role of all citizens in maintaining the integrity of the nation and state. However, in a global era marked by non-conventional threats such as cyber warfare, disinformation, cross-border terrorism, and hybrid conflicts, the existing constitutional law regulations are considered not yet fully adaptive and responsive. This study uses normative legal research methods with a statutory, conceptual, and comparative approach. The research findings show that there are normative gaps in defining a “state of war” and decision-making mechanisms in dealing with non-conventional threats. In addition, the implementation of the principle of civilian supremacy over the military and the optimization of legislative oversight in defense policy still face various obstacles. The implications of the weaknesses in these regulations have the potential to hinder the effectiveness of protecting national sovereignty. Therefore, it is necessary to update the regulation of constitutional law in order to be able to respond to the dynamics of modern threats and ensure that national sovereignty is effectively protected within the framework of a democratic state of law.
ELECTRONIC TRIAL MECHANISM FOR CRIMINAL AND CIVIL CASES (Study at the Takengon Sharia Court Class 1B) Rian Afriandi Putra; Mhd. Azhali Siregar; T. Riza Zarzani
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 2 (2025): Vol. 2 No. 2 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

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Abstract

Digital transformation in the Indonesian judicial system has become a strategic necessity in facing the challenges of the times and emergency conditions such as the COVID-19 pandemic. The Takengon Sharia Court Class IB, as a judicial institution in the special autonomy region of Aceh, has also implemented an electronic trial system (e-Court and e-Litigation) in civil cases and some Islamic criminal cases (jinayat). This study aims to analyze the case resolution mechanism, the implementation of the electronic trial system, and the obstacles faced in practice. Using the normative-empirical legal research method, the study was conducted through regulatory analysis such as PERMA Number 3 of 2018, PERMA Number 8 of 2022, and Aceh Qanun Number 6 and 7 of 2013–2014, supplemented by interviews and field observations. The results of the study show that the e-Court system has provided efficiency in civil cases, especially in terms of registration, payment, summons, and exchange of litigation documents. However, the implementation of online trials in jinayat cases is still limited due to the characteristics of Islamic criminal procedural law which requires the physical presence of the parties in the courtroom. Substantive obstacles include disharmony between national procedural law and PERMA, as well as limited mediation mechanisms and public openness. Meanwhile, technical obstacles include low digital literacy among the community, uneven infrastructure, and readiness of human resources. Therefore, harmonization of regulations, improvement of technological facilities, and ongoing training are needed so that the electronic justice system can function optimally and guarantee access to justice substantively.
LEGAL PROTECTION FOR DOCTORS IN THE CHALLENGE OF MEDICAL REFERRAL FOR PRISONERS AT CLASS II B LUBUK PAKAM PRISON INSTITUTION Emmeninta Florensia Surbakti; Muhammad Arif Sahlepi; Rahmayanti, Rahmayanti
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 2 (2025): Vol. 2 No. 2 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

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Abstract

There is a significant misalignment between existing regulations and practices on the ground, which not only hinders timely medical services but also places doctors at high legal risk. Law Number 22 of 2022 concerning Corrections and Government Regulation Number 32 of 1999 provide a legal framework for prisoner health services but their implementation often experiences obstacles. The research method used is empirical with data collection through direct observation and in-depth interviews with prisoners, doctors, and administrative staff. This study aims to understand in real terms how health services are provided and identify gaps between policy and daily practice. The study found that long and complicated bureaucratic processes and lack of adequate facilities are major obstacles to effective health care provision in prisons. Doctors are often reluctant to immediately refer prisoners to outside facilities without the approval of the prison warden, even if the patient’s medical condition requires immediate treatment. Based on these findings, the study recommends bureaucratic reforms to streamline the medical referral process, regular training for prison wardens and administrative staff, and stronger legal protection for doctors. The study underscores the importance of closer integration of prison health services with the national health system and strengthening oversight mechanisms to ensure effective and humane implementation of regulations.
LEGAL CERTAINTY OF INFORMED CONSENT IN HIGH-RISK TOOTH EXTRACTION: AN INDONESIAN HEALTH LAW PERSPECTIVE Evi Imelda Pelawi; Irsyam Risdawati; Sidi, Redyanto
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 2 (2025): Vol. 2 No. 2 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

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Abstract

This study discusses the legal certainty of informed consent in high-risk tooth extraction from the perspective of health law in Indonesia. Informed consent is a key element in medical practice that guarantees the patient's right to obtain clear and adequate information before undergoing medical treatment and protects doctors from allegations of malpractice. In the context of tooth extraction performed in an emergency, the legal certainty of informed consent is very important to protect patient rights and provide legal protection for dentists. This study was conducted at the independent practice of drg. Evi Imelda Pelawi - Dental Care located in Simalungun, North Sumatra, where it was found that many patients still do not prioritize the importance of informed consent. The results of the study indicate that dentists can be free from malpractice claims as long as they have provided adequate explanations in accordance with Article 7 of the Regulation of the Minister of Health Number 290/Menkes/Per/III/2008 and the patient or family has signed an informed consent as proof of agreement. However, this study also found weaknesses in the regulation related to the provisions on time recording which are not regulated in detail, thus potentially weakening legal evidence in the event of a dispute. Therefore, this study recommends that the regulation be updated to strengthen legal certainty in medical practice, especially in high-risk tooth extraction procedures in independent practices.
LEGAL REVIEW OF CORPORATE CRIMINAL LIABILITY IN CORRUPTION CRIMINAL ACTS Tri Sandi; Lidya Ramadhani Hasibuan; Aulia Rahman Hakim Hasibuan
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 2 (2025): Vol. 2 No. 2 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

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Abstract

The phenomenon of corruption involving corporations is increasingly rampant in Indonesia. As a legal entity, a corporation can be held criminally responsible for corruption offenses committed. This research aims to analyze the legal provisions regarding corporate criminal liability in corruption crimes and the forms of criminal responsibility that can be imposed on corporations. The research method used is normative legal research with an approach based on laws and regulations, as well as case study analysis of Supreme Court rulings related to corruption offenses committed by corporations. The research findings indicate that the legal framework concerning corporate criminal liability in corruption offenses is regulated in various laws such as Law No. 31 of 1999 jo. Law No. 20 of 2001 on the Eradication of Corruption Crimes, as well as Supreme Court Regulation No. 13 of 2016 on Procedures for Handling Criminal Cases Involving Corporations. Forms of criminal liability that can be imposed on corporations include fines, corporate dissolution, and revocation of business licenses. The case study of Supreme Court Decision No. 927 K/Pid.Sus-LH/2021 shows that the Supreme Court rejected the cassation request and revised the sentence imposed on the corporation, reducing the fine from IDR 20 billion to IDR 2 billion, with the provision that assets be seized if the fine is not paid.
EFFECTIVENESS OF CRIMINAL FINES ON ILLEGAL FISHING CRIMINAL ACTIONS BY FOREIGN FISHING VESSELS (KIA) IN THE WATERS OF THE INDONESIAN EXCLUSIVE ECONOMIC ZONE (ZEEI) OF THE MALACCA STRAIT (STUDY OF DECISIONS IN THE MEDAN DISTRICT COURT, CLASS 1A SPECIAL) Robert Napitupulu
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 2 (2025): Vol. 2 No. 2 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

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Abstract

This study aims to analyze the effectiveness of the application of criminal fines against perpetrators of illegal fishing by Foreign Fishing Vessels (KIA) in the waters of the Indonesian Exclusive Economic Zone (ZEEI) of the Malacca Strait based on a study of the decision of the Medan District Court Class 1A Special Fisheries Court. Indonesia as an archipelagic country has a wealth of fishery resources that are vulnerable to illegal fishing practices, especially by foreign-flagged KIA. In the international maritime law regime (UNCLOS 1982), coastal states such as Indonesia have sovereign rights to enforce the law in the ZEEI, but are limited by the prohibition on the application of imprisonment to foreign violators. Therefore, criminal fines are the main alternative in law enforcement. The results of the study show that of the 137 fisheries crime cases decided during the period 2015–May 2025, 66 cases involved KIA with the majority being sentenced to fines and confiscation of evidence. The effectiveness of fines is shown by the significant decline in the trend of cases in the last five years, as well as the deterrent effect on foreign perpetrators. However, challenges are still found related to the success of fine recovery and coordination between law enforcers. This study confirms that although fines have not been fully optimal in their implementation, they have substantively been able to contribute to the protection of fishery resources and Indonesia's legal sovereignty at sea. Consistent law enforcement and increasing the capacity of fisheries courts are absolute requirements in strengthening the national maritime supervision and justice regime.
LEGAL STUDY OF INFORMED CONSENT LAW RELATED TO RIGHTS AND OBLIGATIONS FOR PATIENTS AND DOCTORS FROM THE ASPECT OF LAW NUMBER 17 OF 2023 CONCERNING HEALTH Wahyu Rahmatika; T. Riza Zarzani; Sumarno, Sumarno
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 2 (2025): Vol. 2 No. 2 (2025): SLP-IJSLCJ
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Abstract

Informed consent is essentially a communication process between a doctor and a patient regarding an agreement on medical procedures to be performed on the patient. The information provided by the doctor serves as the basis for the patient to give consent. This informed consent can also be a reason for a lawsuit against the doctor if there is a deviation in the doctor's practice. And for the doctor himself, it also serves as documentary evidence that can be accounted for if there is a claim in the future. Regarding informed consent, everything is regulated in detail in Law Number 17 of 2023 concerning Health. The implementation of this law has the potential to improve the quality of communication between doctors and patients, standardize informed consent procedures, and increase public health literacy. This study uses normative legal research, namely research that focuses on literature studies of laws and regulations, doctrines, and legal principles from primary, secondary, and tertiary legal materials with a qualitative descriptive analytical research method.
NORMATIVE STUDY ON THE HARMONIZATION OF STANDARDS IN INTERNATIONAL CIVIL AGREEMENTS ON THE INTEGRATION OF HALAL CERTIFICATION AND BUSINESS CONTRACTS IN THE INDONESIAN HALAL HUB SYSTEM J.E. Melky Purba
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 2 (2025): Vol. 2 No. 2 (2025): SLP-IJSLCJ
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Abstract

The dominance of the global halal narrative is no longer solely determined by religious credibility, but also by legal certainty and international legal standards. Amidst the booming global halal industry, valued at trillions of dollars, Indonesia remains mired in recognition ambiguity and fragmented standards. The country with the world's largest Muslim population should not only be a market, but a pioneer and determinant in the international halal system. Ironically, Indonesia's halal certification issued by the BPJPH (Indonesian Halal Product Regulatory Agency) is still not fully recognized by many strategic trading partners. When cross-border business contracts include halal assurance as an essential clause, the lack of harmonization of standards between countries opens the door to disputes, breaches of contract, and even immeasurable reputational and economic losses. This research uses a normative juridical approach supported by the theory of contractual obligations and the theory of international legal harmonization to systematically examine how the integration of halal standards can be implemented in cross-border business contracts, as well as the forms of civil legal liability in the event of default due to non-compliance with halal standards. The main findings indicate that without a mutual recognition mechanism explicitly outlined in a contractual clause, the halal guarantees included in the agreement will be merely empty promises lacking legal enforcement. The Indonesian Halal Hub will never become a strategic reality if the government continues to play it safe and passive in global harmonization forums. Instead, aggressive political-legal measures are needed, starting from strengthening bilateral agreements, constructing robust contractual clauses, and international advocacy towards the birth of a multilateral treaty on the unification of binding halal standards. Without this, Indonesia will simply be a rubber stamp, not an architect of the global halal system.
PROTECTION OF THE RIGHTS OF SUSPECTS DURING THE INVESTIGATION STAGE ACCORDING TO THE KUHAP Aulia Rahman Hakim Hasibuan; Muhammad Ikhsan Surbakti
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 2 (2025): Vol. 2 No. 2 (2025): SLP-IJSLCJ
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Abstract

This paper critically examines the legal protection provided to suspects during the investigation phase under the Criminal Procedure Code (KUHAP), and exposes the gaping gap between normative provisions and actual practice. The KUHAP contains a series of fundamental rights for suspects, such as the right to information about the charges, the right not to be tortured, the right to remain silent, and the right to legal counsel from the outset of the legal process. However, reality shows that these articles often serve more as empty slogans than as truly protected norms. This research uses a normative juridical approach and is supported by empirical data from institutions such as Komnas HAM, LBH, and KontraS, which prove that violations of suspects' rights, particularly in the form of torture and restrictions on legal aid, have become a systemic and recurring practice. Law enforcement officials knowingly violate the principle of legality and human rights principles, while the state allows these violations to continue without effective control. Law enforcement in Indonesia is currently in danger of decadence, where legal instruments are used only to strengthen power, rather than guarantee justice. The Criminal Procedure Code, which should serve as a shield of protection, is often misused as a tool of repression. Without structural reform and the political courage to firmly address violations, this country is not enforcing the law, but rather producing institutionalized injustice. It's time to stop being lenient on human rights violations by the authorities and start demanding the strict implementation of every norm of the Criminal Procedure Code. Criminal procedure law must not be subject to the logic of power. It must return to the people, as a tool of protection, not a snare that silences.

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