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INDONESIA
Indonesian Law Journal
Published by Badan Pembinaan Hukum Nasional
ISSN : 19078463     EISSN : 27228568     DOI : https://doi.org/10.33331/ilj
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Indonesian Law Journal (ILJ) is a peer-reviewed journal published in English and devoted primarily to disseminate scientific articles and analysis of issues in law and legal studies from academicians, researchers, observers, practitioners, all pattrons in Indonesia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 20 Documents
 1   2 
ROLE OF INTERNATIONAL COURT OF JUSTICE AND ITS LEGALLY BINDING ADVISORY OPINIONS IN DEALING WITH ARMED CONFLICTS Rezara, Juvelin
Indonesian Law Journal Vol. 17 No. 1 (2024): Indonesian Law Journal Volume 17 No 1, 2024
Publisher : Badan Pembinaan Hukum Nasional Kementerian Hukum Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33331/ilj.v17i1.166

Abstract

Advisory opinion is an alternative resolution of conflict in the international court of justice (hereinafter ICJ). The opinion is commonly requested in armed conflict issue; It consists of an advice by interpreting the international principles based on the concept of the “Jus ad bellum” and “Jus in bello”. Nevertheless, the ICJ statute does not determine conspicuously the legal binding of the opinion. This research ostensibly sought to highlight the legal force of the opinion. Hence, what is exactly the value of ICJ`s opinion in armed conflict? This question demands evidently a doctrinal approach and analysis of cases. This study mainly pointed out the conditions for requesting the advisory opinion, and the analogy of its legal binding effect. Certainly, this resolution might have legal effect but it depends on the circumstances. As a result, it might be crucial for resolving the contemporary armed conflict over the world.
THE JUSTICE EROSION OF THE IMPOSITION OF ECONOMIC SANCTIONS IN INTERNATIONAL LAW ENFORCEMENT Gonzales, Marcellino
Indonesian Law Journal Vol. 17 No. 2 (2024): Indonesian Law Journal Volume 17 No 2, 2024
Publisher : Badan Pembinaan Hukum Nasional Kementerian Hukum Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33331/ilj.v17i2.167

Abstract

After the COVID-19 pandemic occurred some time ago, which paralyzed all aspects of life in the world, not long after, in 2022, an armed conflict occurred involving Russia and Ukraine, which continues to this day. In line with the armed conflicts that have emerged recently, various international economic sanctions targeting warring countries have begun to be imposed. Ironically, instead of weakening the sanctioned country’s defense, the embargo imposed by a sanctioned country on a particular country turns out to have a harsh impact on all aspects of the lives of its civilians, both the sanctioned country and the sanctioning country in several cases. The imposition of various international sanctions is one of the causes. Reflecting on this, the author will analyze more deeply what is the concept of international economic sanctions. Secondly, does the imposition of international economic sanctions fulfill the basic concept of implementing economic sanctions today? The method used in this paper is qualitative research with normative juridical methods. From the discussions, It can be concluded that economic sanctions are the withdrawal of trade habits and financial relations for foreign and security policy. Sanctions can be comprehensive, prohibiting commercial activity against entire countries. However, there is uncertainty regarding the length of economic sanctions imposed on a country, which causes prolonged suffering for the people of a country. Apart from that, the dominance of countries that have significant political and economic power has led to the emergence of abuse of the imposition of economic sanctions themselves. The article recommends that countries should compose the development of international legal rules originating from international agreements that focus on three main things: management processes, and results that lead to sustainable benefits based on the principle of equality in creating agreements between countries.
FULL E-BOOK INDONESIAN LAW JOURNAL VOLUME 17 N0. 1, 2024 Nofli; Puspita, Rona; Sari, Fitri Amalia; Irianto, Khairunnisa; Tisna, Ayu Bulan; Rezara, Juvelin; Rahman, Rafika Rizky Aulia; Iswara, Rizka
Indonesian Law Journal Vol. 17 No. 1 (2024): Indonesian Law Journal Volume 17 No 1, 2024
Publisher : Badan Pembinaan Hukum Nasional Kementerian Hukum Republik Indonesia

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Abstract

The 2024's first edition of Indonesian Law Journal Volume 16 has been published. The discussion topic of this edition is The Role of the International Court of Justice (ICJ) and Its Legally Binding Advisory Opinions in Dealing with Armed Conflicts and State Responsibility in Handling Foreign Refugees. This edition presents 6 (six) articles from authors with various backgrounds. Please enjoy reading as we hope these article in our Journal are beneficial and constructive towards the development of national law.
FULL E-BOOK INDONESIAN LAW JOURNAL VOLUME 17 N0. 2, 2024 Muhammad, Fahrurozi; Widayat, Wisnu; Hartati, Besse; Adillah, Muhammad Arief; Sihombing, Putrida; Rangkuti, Liza Hafidzah Yusuf; Batubara, Dinda Aprilia; Syam, Farhans Mahendra; Chang, Soonpeel; Gonzales, Marcellino
Indonesian Law Journal Vol. 17 No. 2 (2024): Indonesian Law Journal Volume 17 No 2, 2024
Publisher : Badan Pembinaan Hukum Nasional Kementerian Hukum Republik Indonesia

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Abstract

The 2024's second edition of Indonesian Law Journal Volume 16 has been published. The discussion topic of this edition is Legal Impact of Geopolitical Tensions on International Trade Agreements and Business and Human Rights National Strategy in relation with Business and Investment Policy. This edition presents 6 (six) articles from authors with various backgrounds. Please enjoy reading as we hope these article in our Journal are beneficial and constructive towards the development of national law.
PROVIDING LEGAL AID TO GEN Z OF SEXUAL VIOLANCE IN MEDAN CITY IN ACCESS TO COMPLIANCE AND JUSTICE (A STUDY AT LBH MEDAN) Afifah Salwa, Nabila; Siagian, Fahrizal S.; Rosmalinda; Hanifah Azizah; Meirani Rubianto
Indonesian Law Journal Vol. 18 No. 1 (2025): Indonesian Law Journal Volume 18 No 1, 2025
Publisher : Badan Pembinaan Hukum Nasional Kementerian Hukum Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33331/ilj.v18i1.181

Abstract

Legal aid plays a crucial role in ensuring equality before the law by providing access to justice for underprivileged individuals. This study focuses on the Gen Z community’s concerns about their preparedness in handling legal issues, particularly in cases of sexual violence. Using a normative-empirical method, combining legal norms with empirical data, the research highlights the important function of Legal Aid Institutes in preventing the abuse of power and protecting clients' interests to achieve fair court decisions. LBH Medan offers structural legal aid to Gen Z in Medan city, aiming to foster structural transformation toward greater legal compliance and justice. The study recommends that the City Government support Legal Aid Institutions by providing assistance that ensures the independence and effective operation of legal aid programs, thus reinforcing access to justice and promoting fairness in the legal system.
MARITAL RAPE AND THE LIMITS OF CRIMINAL LAW: A COMPARATIVE CRITIQUE OF LEGAL GAPS IN INDONESIA AND SINGAPORE Angkawidjaja, Elizabeth Vania; Wijaya, Emilia Metta Karunia
Indonesian Law Journal Vol. 18 No. 1 (2025): Indonesian Law Journal Volume 18 No 1, 2025
Publisher : Badan Pembinaan Hukum Nasional Kementerian Hukum Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33331/ilj.v18i1.182

Abstract

Marital rape is a crucial issue in Indonesia and Singapore, influenced by patriarchal culture and legal loopholes. This study aims to analyse the comparison of marital rape laws between the two countries, identifying significant differences in legal systems, definitions, and criminal sanctions. Unlike the Indonesian Criminal Code, which does not explicitly recognize marital rape, Singapore has reformed its laws through the Criminal Law Reform Act 2019 to criminalize such acts. This study finds that Singaporean law can contribute to Indonesia, particularly in terms of arrest procedures, victim protection systems, and the concept of consent. Using a normative-juridical approach with comparative methods, this study provides recommendations for the modernization of Indonesian law, emphasizing the need for more specific regulations and the establishment of special family courts to ensure better protection for victims.
REGULATION AND LEGAL PROTECTION OF SEXTORTION AS ELECTRONIC-BASED SEXUAL VIOLENCE IN INDONESIA Fikri Triandhika; Lies Sulistiani
Indonesian Law Journal Vol. 18 No. 1 (2025): Indonesian Law Journal Volume 18 No 1, 2025
Publisher : Badan Pembinaan Hukum Nasional Kementerian Hukum Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33331/ilj.v18i1.186

Abstract

Electronic-based sexual violence in Indonesia has increased compared in prior years, one of which is sextortion. Practice of handling sextortion cases in Indonesia show that law enforcement institution only focus on the dissemination of victim sexual content, without following up with extortion and threats to perpetrators, also the absence of victims protection. Victims comply with the wishes of perpetrators and not brave enough to report because victims are worried that victim sexual content will be disseminated. Normative legal research is a research method are used by analyzing literature research, statutory research, and case study. The research results show that Article 14 Law Number 12 of 2022 on Sexual Violence Criminal Act can be used in handling sextortion cases because it has a more accommodating formulation and form of punishment, also provides comprehensive protection of victims.
CRIMINALIZING MARITAL RAPE AS A HUMAN RIGHTS OBLIGATION UNDER INTERNATIONAL LAW: A CRITICAL APPRAISAL OF INDONESIA’S LEGAL FRAMEWORK Iswara, Rizka
Indonesian Law Journal Vol. 18 No. 1 (2025): Indonesian Law Journal Volume 18 No 1, 2025
Publisher : Badan Pembinaan Hukum Nasional Kementerian Hukum Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33331/ilj.v18i1.190

Abstract

Marital rape is a form of gender-based violence that is often hidden yet widely prevalent. This article critically examines the Indonesian legal framework in responding to the issue of marital rape, emphasizing the importance of criminalization as a state obligation to meet international human rights standards. Through a normative juridical approach and comparative legal analysis, this article examines the gap between national regulations and international provisions. It was found that despite normative progress, such as the recognition of sexual violence within marriage through national legal reforms. This paper recommends strengthening national criminal law norms through the explicit criminalization of marital rape and the harmonization of national regulations with international human rights standards as a form of the state's commitment to fulfilling its international obligations.
THE REPRESSION OF MARITAL RAPE IN MALAGASY LAW: A TENSION BETWEEN LEGAL RECOGNITION AND SOCIAL DENIAL Andriamaharitra, Paul Alberti
Indonesian Law Journal Vol. 18 No. 1 (2025): Indonesian Law Journal Volume 18 No 1, 2025
Publisher : Badan Pembinaan Hukum Nasional Kementerian Hukum Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33331/ilj.v18i1.194

Abstract

Despite the adoption of Law No. 2019-008 of January 16, 2020, which formally criminalizes marital rape in Madagascar, the offense remains socially invisible and judicially neglected. This article explores the contradiction between legal recognition and the persistent lack of enforcement. It investigates how entrenched cultural norms, particularly the presumption of perpetual spousal consent, hinder the acknowledgment and prosecution of marital rape. Relying on a multidisciplinary methodology—legal analysis, sociocultural inquiry, and review of judicial practices—the study identifies systemic obstacles, from patriarchal ideology to institutional inertia. It highlights the gap between the symbolic presence of the norm and its weak application. The article argues for a holistic approach to reform, including the training of legal actors, public awareness on consent within marriage, and the deconstruction of harmful gender norms. By critically analyzing the social and legal reception of this crime, the study contributes to the broader debate on gender-based violence and legal effectiveness in Madagascar.
FULL E-BOOK INDONESIAN LAW JOURNAL VOLUME 18 N0. 1, 2025 Afifah Salwa, Nabila; Siagian, Fahrizal S.; Rosmalinda; Hanifah Azizah; Meirani Rubianto; Angkawidjaja, Elizabeth Vania; Wijaya, Emilia Metta Karunia; Fikri Triandhika; Lies Sulistiani; Iswara, Rizka; Andriamaharitra, Paul Alberti
Indonesian Law Journal Vol. 18 No. 1 (2025): Indonesian Law Journal Volume 18 No 1, 2025
Publisher : Badan Pembinaan Hukum Nasional Kementerian Hukum Republik Indonesia

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Abstract

The 2025's first edition of Indonesian Law Journal Volume 18 has been published. The discussion topic of this edition is Sexual Offending and The Law. This edition presents 5 (five) articles from authors with various backgrounds. Please enjoy reading as we hope these article in our Journal are beneficial and constructive towards the development of national law

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