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Law and Justice Research Journal
Published by International Forum of Researchers and Lecturers
ISSN : -     EISSN : 30896819     DOI : 10.70062
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Law and Justice research journal, This journal is intended for the publication of scientific articles published by the International Forum of Researchers and Lecturers. The journal reviews various aspects of international law such as human rights, international peace, dispute settlement, environmental law, Law, and Justice research. Presenting in-depth analysis, case studies, and the latest research from a range of global authors, the journal aims to broaden understanding and encourage discussion about justice in the context of modern international law. This journal is published 1 year 4 times (January, April, July, and October).
Arjuna Subject : Ilmu Sosial - Hukum
Articles 18 Documents
 1   2 
The Role of the Prosecutor as Dominus Litis in Assertive and Humanistic Law Enforcement
Law and Justice research journal Vol. 1 No. 2 (2025): April : Law and Justice research journal
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/ljrj.v1i2.88

Abstract

Law enforcement holds a central role in shaping social order and ensuring the effective implementation of legal functions in Indonesia. The law is not merely a normative reference but must be strategically positioned as the fundamental basis for resolving disputes and conflicts that emerge within society. In this regard, Law No. 16 of 2004 concerning the Indonesian Prosecutor’s Office, particularly Article 2 paragraph (1), clearly stipulates that the Prosecutor’s Office is a state institution entrusted with exercising governmental authority in the field of prosecution, along with other responsibilities mandated by law. Within the framework of criminal justice, the Prosecutor’s Office assumes a pivotal role as Dominus Litis—the ultimate controller of criminal cases. This authority signifies that the Prosecutor’s Office is the only institution empowered to decide whether a particular case, supported by sufficient evidence in line with the Criminal Procedure Code, is eligible to be brought before the court. The prosecutor’s discretionary power in this context highlights its critical position in upholding justice and maintaining the integrity of legal proceedings. Beyond its prosecutorial function, the Prosecutor’s Office also bears the exclusive responsibility for executing criminal judgments, ensuring that court decisions are implemented properly and consistently with the rule of law. This dual function—both as Dominus Litis and executor of judicial decisions—underlines the institutional indispensability of the Prosecutor’s Office in the Indonesian legal system. The institution’s authority is therefore not limited to initiating prosecutions but also extends to safeguarding the finality and enforcement of criminal verdicts, which makes it a cornerstone in the broader architecture of law enforcement. Consequently, strengthening the role and capacity of the Prosecutor’s Office is essential for advancing justice, protecting the rights of citizens, and reinforcing the legitimacy of Indonesia’s legal order.
The Role of Guidance Activity Units in Implementing Coaching for Female Inmates : A Study at the Class IIA Women's Detention Center Medan
Law and Justice research journal Vol. 1 No. 4 (2025): October: Law and Justice research journal
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/ljrj.v1i4.96

Abstract

Indonesia’s correctional system is designed not only as a form of punishment but also as a means of rehabilitation, enabling inmates to return to society as good, productive, and responsible citizens. Female inmates, however, have unique characteristics and needs compared to male inmates, requiring rehabilitation approaches that are more gender-sensitive and responsive to their conditions. This study analyzes the role of the Activity Guidance Unit in implementing rehabilitation programs for female inmates at the Class IIA Women’s Detention Center in Medan. Using a socio-legal research method with descriptive analysis, the research identifies the Activity Guidance Unit as playing a strategic and multifaceted role: acting as planner of activities, facilitator of skills training, psychosocial companion to address emotional and social needs, and evaluator of rehabilitation outcomes. The strategies applied combine holistic approaches with individual and group methods, including vocational training, counseling, and personality development programs. The results demonstrate that these integrated approaches not only improve the personal capacity of female inmates but also foster resilience, self-confidence, and readiness for social reintegration. Ultimately, the study emphasizes the importance of comprehensive and gender-sensitive rehabilitation programs as a vital component of Indonesia’s correctional system in fulfilling human rights and correctional objectives.
Integrated Policy on the Eradication of Online Gambling Crimes : Case Study in the Jurisdiction of the Surakarta City Police
Law and Justice research journal Vol. 1 No. 3 (2025): July : Law and Justice research journal
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/ljrj.v1i3.97

Abstract

This study aims to determine whether the Penal and Non-Penal Integral Policy can be implemented to increase the effectiveness of eradicating online gambling crimes and to determine the obstacles faced by the local government in implementing the Integral Policy on Online Gambling Crimes in Surakarta. This type of research uses empirical legal research, with a descriptive research nature. The research location is at the Surakarta Police, Surakarta City. The types and sources of data in the study consist of two types, primary data and secondary data. Data collection techniques are by observation, interview, and decision study techniques. The results of this study show that the causes of the rampant online gambling in the Surakarta Police area are economic problems, community disobedience to the law, morality factors, low Human Resources (HR), and tradition. The eradication of online gambling in the Surakarta Police area can be said to be effective, although in reality online gambling continues to grow, but during the last five years (2020-2025) there has only been one case file handled regarding online gambling, However, the role of the Police in handling online gambling cases is still limited, so that the perpetrators of gambling are only subject to Article 303 of the Criminal Code concerning gambling. and in handling online gambling cases, there are various obstacles found in the field, both in terms of time, costs and processes that are not easy to imagine.
The State of Law and Democracy: History of Development and Challenges in Indonesia
Law and Justice research journal Vol. 1 No. 4 (2025): October: Law and Justice research journal
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/ljrj.v1i4.125

Abstract

The state of law and democracy are two concepts that are interrelated in the mechanism of managing the government of a country. Democracy provides the foundation for creating equality and equality of rights for all citizens, while the state of law emphasizes that power in a country must be subject to the rule of law, not the will of a particular individual or group. This research is a normative legal research with a normative juridical approach that seeks to explore the harmony of legal rules with applicable norms. The results of the study show that from the colonial period to the reform era, a lot of progress has been made in strengthening the principles of the rule of law, both formally and substantially. The 1998 reform was a momentum that marked a strong commitment to make Indonesia a democratic country of law, where every citizen has rights and obligations protected by law. In Indonesia, democracy has gone through various phases from the parliamentary era, Guided Democracy, New Order, to the reform era that provides greater space for people's involvement.
Reconstruction of The Application of Restorative Justice to Criminal Offenses Due to Negligence (Culpa) in The Indonesian Criminal Justice System
Law and Justice research journal Vol. 1 No. 4 (2025): October: Law and Justice research journal
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/ljrj.v1i4.126

Abstract

The paradigm of the Indonesian criminal justice system is currently undergoing a significant shift from a retributive approach toward a restorative one. Criminal offenses resulting from negligence (culpa) present a unique case within this transition, as they lack malicious intent (mens rea in the form of dolus), yet often result in severe harm or loss of life. Despite its potential, the application of restorative justice for culpa offenses remains hindered by fragmented and sectoral regulations among law enforcement agencies, leading to legal uncertainty and inconsistent implementation. This research aims to analyze the urgency of restorative justice in negligence cases and proposes a model for its reconstruction. Using a normative juridical research method with statutory and conceptual approaches, this study examines existing regulations from the National Police, the Attorney General’s Office, and the Supreme Court. The findings indicate that the current framework requires a structural reconstruction through the synchronization of inter-institutional policies and the integration of restorative justice principles into the National Criminal Procedure Code (KUHAP). This reconstruction is essential to ensure a unified standard that balances legal certainty, the rehabilitation of the offender, and the restoration of the victim’s rights in unintentional crimes.
The Role of The Government in Enforcing Mining Rehabilitation Laws: Environmental Law and Mining Law
Law and Justice research journal Vol. 1 No. 4 (2025): October: Law and Justice research journal
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/ljrj.v1i4.127

Abstract

Mining activities in Indonesia result in significant environmental degradation, necessitating a robust legal framework for post-mining rehabilitation. However, enforcement is often hindered by normative overlaps between the Mining Law (No. 3/2020) and the Environmental Law (No. 32/2009), alongside a "supervisory vacuum" caused by recent centralization. This research evaluates the government's role in enforcing rehabilitation obligations and proposes a synchronized legal approach. Using a normative juridical method, the study identifies that authority fragmentation leads to a lack of accountability in reclamation fund management. Findings suggest that rehabilitation is frequently treated as a formal administrative procedure rather than a substantive ecological duty. Consequently, this study proposes a "Green Mining Governance" model that integrates environmental standards directly into mining permits (IUP) through a unified, inter-agency supervision system. This proposed framework integrates stringent environmental standards directly into the Mining Business Permit (IUP) and the annual Work Program and Budget (RKAB) through a unified, inter-agency supervision system. Such a reconstruction is essential to ensure that environmental restoration transcends formalistic requirements, evolving into a substantive legal obligation aimed at achieving long-term ecological justice and sustainable resource management.
Effectiveness of Detention by Public Prosecutors Against Perpetrators of Criminal Acts Agus Salim; Achmad Faishal; Suprapto Suprapto
Law and Justice research journal Vol. 2 No. 1 (2026): January: Law and Justice research journal
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/ljrj.v2i1.120

Abstract

Detention is one of the most coercive measures in the criminal justice process and is intended to ensure the effectiveness of criminal proceedings. In many legal systems, public prosecutors are granted authority to order detention against suspects or defendants under specific legal requirements. However, the practical effectiveness of detention by public prosecutors in achieving procedural objectives and safeguarding legal rights remains a subject of debate. This study aims to examine the effectiveness of detention carried out by public prosecutors against perpetrators of criminal acts, focusing on its legal basis, implementation, and impact on the criminal justice process. Using a normative juridical approach supported by qualitative analysis of legislation, legal doctrines, and relevant case studies, this research evaluates whether prosecutorial detention fulfills principles of legality, necessity, proportionality, and human rights protection. The findings indicate that while detention by public prosecutors can enhance procedural efficiency and prevent obstruction of justice, its effectiveness is often constrained by inconsistencies in application, weak judicial oversight, and potential risks of arbitrary detention. This study concludes that strengthening legal safeguards, standardizing detention criteria, and enhancing accountability mechanisms are essential to ensure that detention by public prosecutors remains both effective and compliant with the rule of law.
Reconstruction of the Abolition of Compensation Pay-ments Towards Justice for Convicts Aji Sumbara; Achmad Faishal; Suprapto Suprapto
Law and Justice research journal Vol. 2 No. 1 (2026): January: Law and Justice research journal
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/ljrj.v2i1.121

Abstract

This study explores the reconstruction of the abolition of compensation payments to foster justice for convicts, specifically evaluating the intersection between Law No. 31 of 1999 and Law No. 20 of 2001. The research addresses the persistent legal dilemma where state loss recovery mechanisms often overlook the fundamental rights and socio-economic realities of prisoners. Under the current regime, the imposition of substitute imprisonment for unpaid financial obligations is perceived as a "layered punishment" that undermines human dignity and fails to reflect proportional justice. The analysis reveals that the retributive orientation established in Law No. 31 of 1999 results in a "lose-lose" outcome: the state remains uncompensated while the financial burden of correctional costs increases due to extended incarceration. By integrating the fiscal and state financial management principles found in Law No. 20 of 2001, this research proposes a shift toward more proportional and restorative asset recovery. The study concludes that the role of the Prosecutor must be reoriented toward accurate asset tracing and the implementation of humane payment schemes. Future legal reforms must ensure that the state's interest in fiscal restoration does not sacrifice the convict's basic rights, prioritizing distributive justice to create a more humane anti-corruption framework.

Page 2 of 2 | Total Record : 18

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