INDONESIAN CIVIL LAW REVIEW
JURNAL INDONESIAN CIVIL LAW REVIEW (ICLR) is a double-blind peer-reviewed legal journal, e-ISSN 3090-868X / p-ISSN 3109-1466 that contains research and review articles related to the field of law. JPN is published twice a year, in June and December, by PT Makanja Group Publishing. The focus and scope of JPN covers various areas of law, but not limited to Criminal Law, Civil Law, State Administrative Law, International Law, Procedural Law, and Tax Law. In addition, this journal also contains studies on Customary Law, Islamic Law, Environmental Law, State Administrative Law, and Agrarian and Forestry Law. Other areas of interest in this journal are Insurance Law, Human Rights Law, Legal Politics, Legal Sociology, Legal Anthropology, and Legal Philosophy. Legal studies related to Maritime Law, Maritime Law, Climate Change Law, Maritime Law, Diplomatic Law, and Humanitarian Law are also included in the scope of this journal. Furthermore, discussions on Special Criminal Law, Economic Law, Business Law, Consumer Protection Law, Intellectual Property Law, and Capital Market Law are the main subjects of the publication of this journal. The journal also highlights Comparative Law, Regional Financial Law, Regional Autonomy Law, Islamic Economic Law, and Health Law, as well as legal aspects in society such as Law and Society, Law and Forensics, Criminology, Victimology, and Correctional Law. As part of its development, the journal also explores legal aspects related to technology, gender studies, and other legal issues in a broader dimension, including social, economic, political, security, educational, and cultural aspects.
Articles
10 Documents
<![CDATA[Law Enforcement Against Gambling Crime in Gorontalo City Police Area ]]>
<![CDATA[Ilham Ilham]]>
<![CDATA[ Indonesian Civil Law Review Vol. 1 No. 1 (2025): PUBLISHED JUNE ]]>
Publisher : <![CDATA[Indonesian Civil Law Review ]]>
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<![CDATA[The crime of gambling is a continuously evolving offense that negatively impacts the social and economic life of society. In the jurisdiction of the Gorontalo City Police (Polres Gorontalo Kota), gambling practices remain prevalent despite various law enforcement efforts. This study aims to analyze the law enforcement model against gambling crimes and identify the factors that hinder the effectiveness of law enforcement in the region. This research employs an empirical juridical method with a qualitative approach. Data were obtained through literature studies and interviews with law enforcement officers and local communities. The analysis was conducted descriptively to illustrate the patterns of law enforcement and the challenges faced. The findings indicate that law enforcement against gambling crimes in the Gorontalo City Police jurisdiction is carried out through three main approaches: repressive, preventive, and legal counseling. Repressive actions involve direct enforcement against offenders, while preventive measures are implemented through routine patrols and monitoring of gambling activities. Additionally, legal counseling is provided to raise public awareness of the negative impacts of gambling. However, the effectiveness of law enforcement still faces several obstacles, such as weak regulations, limited resources and integrity of law enforcement officers, and a society that remains permissive toward gambling. The study concludes that a collaborative approach between the police, government agencies, non-governmental organizations, and the community is crucial in eradicating gambling crimes. Furthermore, strengthening the integrity and capacity of law enforcement officers is necessary to enhance their performance. As a recommendation, stricter regulations and continuous educational programs are needed to reduce gambling practices in society.]]>
<![CDATA[Perspektif Hukum Pidana Serta Penegakannya Terhadap Tindak Pidana Perjudian Sabung Ayam Di Kabupaten Pohuwato ]]>
<![CDATA[Nurulfadillah Nurul]]>
<![CDATA[ Indonesian Civil Law Review Vol. 1 No. 1 (2025): PUBLISHED JUNE ]]>
Publisher : <![CDATA[Indonesian Civil Law Review ]]>
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<![CDATA[Gambling crimes, including cockfighting, are a complex issue in Indonesia's criminal law. In Pohuwato Regency, this practice has become a social phenomenon involving many individuals, despite being contrary to existing laws. This study aims to analyze the criminal law perspective and the law enforcement mechanisms against cockfighting gambling crimes in the region. This research employs an empirical juridical method with a qualitative approach. Data were obtained from the Pohuwato Police Criminal Investigation Unit (Reskrim Polres Pohuwato) in 2024 and other relevant sources. A descriptive analysis was conducted to illustrate the legal aspects, social impacts, and law enforcement efforts that have been implemented. The findings indicate that despite various law enforcement efforts, cockfighting gambling remains widespread. The main obstacles to enforcement include weak regulations, limited resources, and social tolerance toward gambling. Additionally, the involvement of various parties in gambling networks further complicates enforcement efforts. This study concludes that a more effective and comprehensive approach is needed to enforce the law against cockfighting gambling. The proposed recommendations include strengthening regulations, enhancing the capacity of law enforcement officers, and educating the public to reduce gambling practices in Pohuwato Regency. With these measures, it is expected that law enforcement can be more effective and serve as a deterrent for offenders.]]>
<![CDATA[Dari Klik ke Kontrak: Pertimbangan Hukum dalam Perjanjian Jual Beli Online ]]>
<![CDATA[Hastia Hastia]]>;
<![CDATA[Andi Azizah]]>
<![CDATA[ Indonesian Civil Law Review Vol. 1 No. 1 (2025): PUBLISHED JUNE ]]>
Publisher : <![CDATA[Indonesian Civil Law Review ]]>
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<![CDATA[The development of digital technology has changed the way buying and selling transactions are carried out, from a conventional system to an online-based one. This phenomenon poses new challenges in legal aspects, especially related to the validity of electronic contracts, consumer protection, and the responsibility of platforms as intermediaries. This study aims to analyze online buying and selling agreements within the framework of positive Indonesian law through a normative juridical approach. Data sources are obtained from national regulations such as the Civil Code, the ITE Law, the Consumer Protection Law, and Ministerial Regulations related to e-commerce. The results of the study show that online buying and selling agreements meet the elements of the validity of the agreement as stipulated in Article 1320 of the Civil Code, as long as there is a halal agreement, skill, object, and causa. However, challenges arise in proving the identity of the parties and the validity of digital documents. On the other hand, e-commerce platforms play an important role as transaction system providers, but their legal responsibilities are still limited. Regulatory updates that are more adaptive to digital dynamics are needed, as well as increased consumer protection in electronic transactions. This study recommends the establishment of special norms related to digital contracts and intermediary responsibilities in the Indonesian legal system.]]>
<![CDATA[Agrarian Law Reform in Indonesia: Between Legal Certainty and Social Justice ]]>
<![CDATA[Eril Boli]]>;
<![CDATA[Muh Nur Hidayat]]>
<![CDATA[ Indonesian Civil Law Review Vol. 1 No. 1 (2025): PUBLISHED JUNE ]]>
Publisher : <![CDATA[Indonesian Civil Law Review ]]>
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<![CDATA[Agrarian law reform in Indonesia is an important effort to regulate the control and use of land in line with the principles of legal certainty and social justice. The phenomenon of inequality in land distribution, overlapping land rights, and the spread of agrarian conflicts are the main challenges in realizing equitable agrarian reform. This study aims to analyze the dynamics of agrarian law reform in Indonesia since the enactment of Law Number 5 of 1960 concerning the Basic Regulations on Agrarian Principles (UUPA) through a normative juridical approach. Data is obtained from primary legal sources such as the UUPA, implementing regulations, court rulings, as well as relevant scientific literature and legal doctrine. The results of the study revealed that although the UUPA has become a comprehensive legal foundation, its implementation still faces various obstacles in ensuring legal certainty and social justice, especially related to agrarian conflicts and the protection of indigenous peoples' rights. A more responsive and inclusive legal approach is needed to address regulatory gaps and strengthen the protection of land rights for all levels of society. This study recommends policy reforms that integrate aspects of legal certainty and social justice through participatory dispute resolution mechanisms and formal recognition of indigenous peoples' rights in the national agrarian legal system.]]>
<![CDATA[The Dynamics of Marriage in the Modern Era: Between Tradition and State Law ]]>
<![CDATA[Irmawaty Nasadi]]>;
<![CDATA[Suhartin Akadji]]>
<![CDATA[ Indonesian Civil Law Review Vol. 1 No. 1 (2025): PUBLISHED JUNE ]]>
Publisher : <![CDATA[Indonesian Civil Law Review ]]>
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<![CDATA[The dynamics of marriage in Indonesia reflect the meeting between traditional norms, religious law, and state law regulated in Law Number 1 of 1974 concerning Marriage and its revision through Law Number 16 of 2019. The diversity of this legal system creates its own challenges in realizing legal certainty and justice for all citizens. This study aims to analyze the extent to which national laws on marriage are able to accommodate the social realities and legal pluralism that live in society. The approach used is normative juridical with an analysis of primary legal sources such as laws and regulations, court decisions, as well as academic literature and related legal doctrines. The results of the study show that although national law has provided space for religious and cultural diversity in marriage practices, its implementation in the field is still faced with gaps between legal norms and social practices, especially in marriage registration and the protection of women's and children's rights. For this reason, a more inclusive and responsive legal approach to the socio-cultural context of the community is needed, as well as policy reforms that ensure the protection of basic rights through collaboration between the state, indigenous peoples, and religious institutions. This study recommends a more participatory harmonization mechanism between customary law]]>
<![CDATA[The Dynamics of Presidential Impeachment in the Indonesian Constitutional System: A Critical Study of the Constitutional Mechanism ]]>
<![CDATA[Gede Githa Gede Githa]]>;
<![CDATA[Faizal Alwi]]>
<![CDATA[ Indonesian Civil Law Review Vol. 1 No. 2 (2025): PUBLISHED DECEMBER ]]>
Publisher : <![CDATA[Indonesian Civil Law Review ]]>
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<![CDATA[The impeachment of the President is an important mechanism in maintaining accountability of power in the Indonesian constitutional system. Although it has been regulated in Articles 7A and 7B of the 1945 Constitution and strengthened through the Constitutional Court Law and the MD3 Law, this mechanism still leaves various problems, such as multiple interpretations of norms, the potential for politicization, and weak public participation. This study aims to examine the juridical and philosophical basis of impeachment and formulate recommendations for its improvement. The method used is normative legal research with a legislative and conceptual approach, as well as secondary data analysis The results of the study show that impeachment is a reflection of the principles of the state of law, democracy, and constitutionalism. However, its implementation needs to be strengthened through clarity of legal norms, strengthening the role of the Constitutional Court, transparency of the process, and public involvement. In conclusion, impeachment must be kept away from political interests and carried out objectively and accountably. This study recommends reformulation of technical regulations and increased constitutional awareness to ensure impeachment functions as a legal instrument rather than a political tool]]>
<![CDATA[Legal Responsibility of Advocates in Abuse of Power of Attorney from Clients ]]>
<![CDATA[Kurniawan Kurniawan]]>;
<![CDATA[Rahmatullah]]>
<![CDATA[ Indonesian Civil Law Review Vol. 1 No. 2 (2025): PUBLISHED DECEMBER ]]>
Publisher : <![CDATA[Indonesian Civil Law Review ]]>
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<![CDATA[The legal responsibility of advocates in the context of abuse of power granted by clients is an issue that is increasingly relevant amid the increasing number of deviant legal practices. In particular, this study examines how the actions of advocates who exceed the limits of authority or abuse their power impact the rights of clients and the integrity of the legal profession. The purpose of this study is to analyze the legal basis of advocate liability and identify regulatory weaknesses that cause weak protection for clients. The method used is normative legal research with a statutory and conceptual approach, as well as secondary data in the form of legal literature and court decisions. The results of the study show that there is a regulatory vacuum regarding external supervision, weak code of ethics enforcement, and lack of legal protection for clients. Therefore, it is necessary to carry out regulatory reforms that include the establishment of independent supervisory institutions, revisions of the Advocate Law, and strengthening advocate professional education to be more oriented towards ethics and accountability. This study recommends the need for a legal system that is able to balance the protection of the profession and the rights of the legal services user community.]]>
<![CDATA[Legal Protection for Workers in Gorontalo: Towards aCivilized Justice System ]]>
<![CDATA[Mawardi De La Cruzz]]>;
<![CDATA[Firmansyah Abdillah]]>;
<![CDATA[Mohammad Haekal Rahman]]>
<![CDATA[ Indonesian Civil Law Review Vol. 1 No. 2 (2025): PUBLISHED DECEMBER ]]>
Publisher : <![CDATA[Indonesian Civil Law Review ]]>
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<![CDATA[This study examines legal protection for workers in Gorontalo Province, focusing on the informal sector that dominates the regional employment structure. Data shows that until August 2024, as many as 61.45% of the workforce works in the informal sector with an average income of IDR 1,608,048 per month, lower than the Gorontalo UMP and the national average. Low access to social security schemes such as BPJS, lack of legal education, and weak labor supervision due to limited personnel and budgets exacerbate the vulnerability of workers, especially women who face wage inequality of up to 23%. Local government efforts such as the PBI program and the protection of non-ASN workers show progress, but they are still far from reaching the entire vulnerable worker population. This research emphasizes the importance of substantive justice-based policy reformulation, by integrating aspects of gender, social protection, and effective law enforcement. The goal is to build a civilized and inclusive labor system, in accordance with the principles of the rule of law that protect the dignity and human rights of every worker.]]>
<![CDATA[Trademark Counterfeiting: A Legal Review and Its Implications for Consumer Protection ]]>
<![CDATA[Yeti S Hasan]]>;
<![CDATA[Sofyan Ratu Ela]]>;
<![CDATA[Nurlaika Yulifwi]]>;
<![CDATA[Saskia Musa]]>;
<![CDATA[Aldy Syaputra Macmud]]>
<![CDATA[ Indonesian Civil Law Review Vol. 1 No. 2 (2025): PUBLISHED DECEMBER ]]>
Publisher : <![CDATA[Indonesian Civil Law Review ]]>
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<![CDATA[Trademark counterfeiting is a form of intellectual property rights infringement that has a significant impact on consumer protection. In the Indonesian context, this phenomenon is increasingly prevalent along with the growth of trade and weak legal supervision, which causes consumers to often fall victim to counterfeit products that do not comply with quality, safety, and information standards as they should. This research uses a normative juridical approach by examining related laws and regulations, such as Law Number 20 of 2016 concerning Trademarks and Geographical Indications and Law Number 8 of 1999 concerning Consumer Protection. The results of the study show that trademark counterfeiting not only harms legitimate trademark owners, but also creates legal uncertainty and violations of consumer rights. In addition to impacting economic losses and public health, trademark counterfeiting also erodes public trust in the market system and legal protection. Therefore, integrated efforts are needed in law enforcement, consumer education, and strengthening inter-agency coordination to create an effective and fair consumer protection system.]]>
<![CDATA[Comparison of Offering Waste Management Regulations from the Perspective of Environmental Law in Indonesia and India ]]>
<![CDATA[Adelia Yuliana]]>
<![CDATA[ Indonesian Civil Law Review Vol. 1 No. 2 (2025): PUBLISHED DECEMBER ]]>
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<![CDATA[Religious practices through offerings (sesajen) in Indonesia and India reflect spiritual values, communal solidarity, and reverence for the sacred, yet simultaneously create ecological challenges when residues, such as flowers, leaves, incense, plastic containers, and holy water, are discarded without proper treatment. This paradox between religious devotion and ecological preservation highlights the need for clear regulations, detailed Standard Operating Procedures (SOPs), and effective upstream management strategies. This study employs a normative legal approach using a literature review of primary legal materials, including Law No. 18/2008, Government Regulation No. 81/2012, regional policies in Indonesia, and India’s Solid Waste Management Rules 2016. Secondary sources consist of scholarly articles, books, and policy reports, while tertiary data include official websites and online news. The research aims to compare the regulatory frameworks of the two countries, identify socio-cultural, institutional, and enforcement barriers, and propose management strategies consistent with the principles of prevention, precaution, and sustainability in environmental law. Findings reveal that Indonesia’s regulatory approach remains general and dependent on local government discretion, resulting in the absence of standardized SOPs for ritual waste. India’s framework, by contrast, is more specific, covering bulk waste generator classification, mandatory segregation at the source, restrictions on hazardous materials, artificial immersion ponds, and penalty and recovery schemes. Both countries face similar challenges, including sacred perceptions hindering segregation, weak coordination, limited infrastructure, and insufficient monitoring data. Recommendations include formulating operational SOPs at national and local levels, enhancing collaboration among authorities and religious leaders, promoting education rooted in local wisdom, expanding segregation and composting facilities, incentivizing best practices, and setting measurable 3R targets supported by monitoring and sanctions.]]>
