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INDONESIA
Indonesian Research Journal in Legal Studies
Published by Universitas Muhammadiyah Palu
ISSN : 29631017     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Indonesian Research Journal in Legal Studies (IRJILS) is a scientific journal published by the Postgraduate Program of Universitas Muhammadiyah Palu with E-ISSN 2963-1017. This journal is open access and peer-reviewed, published twice a year (March and September). IRJILS serves as an academic forum for researchers, lecturers, students, and legal practitioners to publish high-quality and original scholarly works. The main focus of IRJILS covers studies in civil law, criminal law, constitutional law, as well as other legal fields using quantitative, qualitative, or mixed-method approaches. In addition to research articles, the journal also accepts program evaluations and other relevant informative articles. Through its double-blind review system, IRJILS is committed to enriching legal literature and becoming an important reference in the development of legal science both in Indonesia and globally.
Arjuna Subject : Umum - Umum
Articles 22 Documents
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The Legality of Electronic Signature (Digital Signature) Judging from Civil Procedure Law Basir; Osgar Sahim Matompo; Maisa
Indonesian Research Journal in Legal Studies Vol. 1 No. 01: September 2022 - Indonesian Research Journal in Legal Studies (IRJILS)
Publisher : Program Pascasarjana Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31934/irjils.v1i01.2750

Abstract

This study aims to determine and analyze the legal position and power of digital signatures as evidence according to government regulation Number 82 of 2012 and to determine and analyze the legal requirements for the operation of electronic systems and transactions according to government regulations Number 82 of 2012. The results of the study found that an electronic signature will have a perfect legal force if it meets the elements described in Article 53 paragraph (2) of Government Regulation No. 82 of 2012 so if it does not meet the elements of Article 53 paragraph (2) of Government Regulation No. 82 of 2012 then the implementation of the digital signature can be said to be juridical (legal defects). The legal requirements for electronic systems and transactions are based on Government Regulation 82 of 2012. According to what is described in Article 41 paragraphs (1) to (3) of government regulation Number 82 of 2012 concerning the operation of electronic systems and transactions as long as they fulfill these provisions, they can perform legal electronic transactions which are very relevant to people's lives and can make it easier for the public to conduct electronic transactions and various other electronic transactions. In addition, if the users feel that their rights have been violated during exertion, they can make reports and complaints to the authorities in the field of information technology and electronic transactions in accordance with what is described in Article 43 paragraphs (1) to (5) of Law Number 19 of 2016 on the amendment to Law Number 11 of 2008 regarding information and electronic transactions. The research advice is the need for socialization related to digital signatures by the government at all levels of society, especially in rural areas. There needs to be a definite and clear legal force from an uncertified electronic signature so that in its application it is used effectively and the provisions of laws and regulations by users in conducting electronic transactions in order to get security and definite services.
Children as Perpetrators of Narcotics Abuse In Criminology Perspective (North Morowali Police Study) Ahmad Sadat; Andi Purnawati; Irmawaty
Indonesian Research Journal in Legal Studies Vol. 1 No. 01: September 2022 - Indonesian Research Journal in Legal Studies (IRJILS)
Publisher : Program Pascasarjana Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31934/irjils.v1i01.2751

Abstract

This study aims to determine the factors that influence children to commit narcotics crimes and to identify and analyze the efforts of the North Morowali Police in dealing with narcotics crimes committed by children. This type of research is empirical research, namely research with field data as the main data source, such as the results of interviews and observations. In terms of its nature, this research is a descriptive research. Descriptive research is a form of research aimed at describing existing phenomena, both natural phenomena and man-made phenomena. The results of the study found that the factors that cause children to abuse narcotics are internal factors and external factors. Internal factors are factors that come from within oneself, while external factors are factors that come from outside themselves and the efforts of the North Morowali Resort police in overcoming Narcotics crimes committed by children, namely using 3 (three) efforts, namely pre-emptive efforts (coaching), preventive efforts (prevention), and repressive efforts (actions). The research suggestion is that the existing law be revised again and make it clearer about children involved in narcotics abuse and efforts to overcome juvenile delinquency who use narcotics must prioritize preventive actions where these efforts must be emphasized from the age of children to their teens.
Corporate Legal Liability as a Criminal Act of Corruption Lois Lodewikh Sintung; Syamsul Haling; Kaharuddin Syah
Indonesian Research Journal in Legal Studies Vol. 1 No. 01: September 2022 - Indonesian Research Journal in Legal Studies (IRJILS)
Publisher : Program Pascasarjana Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31934/irjils.v1i01.2752

Abstract

The aims of this study are: (1) To find out and analyze the qualifications of corporations as subjects of corruption. (2) To find out and analyze the form of criminal liability against corporations as perpetrators of corruption. The research method used in writing the results of this thesis research is normative juridical. The results of the study show (1) the existence of corporations as the subject of criminal acts should be a benchmark in handling these cases, where law enforcement officers are often found never handling cases related to corporations before. Their understanding of the corporation is still very low. All this time, they have only dealt with conventional crimes. For this reason, it is necessary to conduct intensive socialization on matters relating to corporations to all law enforcement officers. (2) The application of criminal liability for corporations as criminal acts of corruption seems discriminatory and partial due to the uncertainty of the qualifications of the actors (plegen), as regulated in the provisions of the legislation and sometime still using the term of person/legal entity and other uncertain terms, so that the enforcement encounters some ambiguity in determining the qualifications of actors (plegen, doen plegen, medeplegen). (3) The application of the concept of criminal liability to corporations is also ambiguous and seems discriminatory and partial due to the uncertainty of the subject of the perpetrators of corporate acts which are also related to the disparity in the application of the criminal system. The researcher's suggestions are: (1) the statutory provisions that using the terminology of persons/legal entities are separated into persons or legal entities or mention directors or each person. 2) In relation to the issue of criminal liability, it is better if the provisions of the legislation stipulate the concept of criminal liability based on the qualifications of acts caused by the corporation.
Juridical Analysis on the Position of the National Land Agency of North Morowali Regency in Certificate Issuance of Cultivation Rights Title (Study of PT ANA in East Petasia District) Megawati Ambo Asa; Irmawaty; Andi Purnawati
Indonesian Research Journal in Legal Studies Vol. 1 No. 01: September 2022 - Indonesian Research Journal in Legal Studies (IRJILS)
Publisher : Program Pascasarjana Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31934/irjils.v1i01.2753

Abstract

This study aims to determine and analyze the implementation of the authority of the National Land Agency of North Morowali Regency in Granting Cultivation Rights Titles to PT. ANA in East Petasia District and to identify and analyze the inhibiting factors for PT ANA in East Petasia District in Cultivation Rights Title Management. This type of research is empirical research, namely the type of research that is oriented towards collecting data in the field. In terms of its nature, this research is a qualitative descriptive research. Qualitative descriptive research is the researcher analyzes and describes the research objectively and in detail to get accurate results. The results of the study found that the implementation of the authority to issue Cultivation Rights Titles was seen from the area of ​​​​the plantation to be managed, the land area of ​​which was not more than 2,000,000 M2 or 200 Ha who was authorized to issue HGU was the Head of the BPN Regional Office, then if the area of ​​land being managed was more of 2,000,000 M2, it becomes the authority of the Head of BPN RI. PT.ANA's inhibiting factors in managing HGU in the East Petasia sub-district include land acquisition/land acquisition not yet completed, land acquisition outside the location permit and/or outside the time limit for the location permit, unclear government administrative boundaries, overlapping permits and land requested. enter the forest area. Research Suggestion is that the district government should provide socialization related to the authority of the National Land Agency in the issuance of Cultivation Rights Titles and supervise oil palm plantation companies operating in North Morowali Regency as well as take action against companies that do not have Cultivation Rights Titles and preferably to PT. ANA to immediately complete the issuance of the Cultivation Rights Title in running the company even though it already has a location permit and a Plantation Business Permit from the Regent.
Settlement of Business Contract Disputes through Arbitration Efforts in Civil Law Review Purnawadi Otoluwa; Osgar Sahim Matompo; Irmawaty
Indonesian Research Journal in Legal Studies Vol. 1 No. 01: September 2022 - Indonesian Research Journal in Legal Studies (IRJILS)
Publisher : Program Pascasarjana Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31934/irjils.v1i01.2754

Abstract

This study aims to identify and analyze the principles, procedures, and obstacles in resolving business contract disputes through arbitration. The results of the study found that dispute resolution through arbitration has the principle that the arbitration examination process is carried out in a closed manner, the parties have the same opportunity to have their opinions heard, and the parties are free to determine the arbitration program to be used. The dispute resolution process through arbitration will be carried out according to the rules and procedures of the arbitration institution chosen by the parties. Obstacles in the dispute resolution process through arbitration can come from various parties involved in the dispute resolution process through arbitration, such as arbitrators who are not in proper nature, arbitration institutions that are not widely known by the public, one of the disputing parties has bad faith, it can even come from the interference of the district court in the arbitration award. Research suggestions are that there is a need to provide an understanding of the principles and procedures for resolving disputes through arbitration, it is necessary to have awareness from the parties concerned so that the dispute resolution process through arbitration can produce a win-win solution or so that the parties to the dispute get a mutual settlement and benefit the parties who are in dispute.
Small Claim Court as a Refund State Losses Due to Corruption Crime By State Attorney Sri Wulan Hadjar; Osgar Sahim Matompo; Irmawaty
Indonesian Research Journal in Legal Studies Vol. 1 No. 01: September 2022 - Indonesian Research Journal in Legal Studies (IRJILS)
Publisher : Program Pascasarjana Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31934/irjils.v1i01.2755

Abstract

This study aims: (1) To find out the legal remedies taken by the prosecutor against the return of state losses in the crime of corruption. (2) The Effectiveness of the Prosecutors' Efforts as State Lawyers in Recovering State Losses Due to Corruption Crimes. The method that the researcher uses in writing this thesis is using a normative juridical research approach. Research Results: (1). The settlement of civil cases through the small claim court at the District Court is very helpful for the community to resolve their cases in a simple, fast, and low cost way. Perma No. 2 of 2015 and Perma No. 4 of 2019 is a new breakthrough and fills the legal vacuum to resolve simple cases that were previously resolved normally. (2). The limitation on the material value of the lawsuit is Rp. 500,000,000 (five hundred million rupiah) for example, which means that if the lawsuit filed exceeds this value, the lawsuit will not be accepted for settlement through a simple lawsuit process. Research Suggestions: (2) For litigants, it is hoped that they will be able to comply with and follow all the regulations in the Court, especially during the case examination process. Because the litigants actually also have an important role in the creation of a judiciary that is simple, fast, and low-cost as expected. (2). The Court must provide legal counseling by cooperating with related agencies (kelurahan and city governments) to the general public, so that public awareness of the law can be realized. So as a result it does not become one of the obstacles in the judicial process which is simple, fast, and low cost.
Religious Court Dispensation on Applications for Child Marriage License in Islamic Law Perspective (Study of the Luwuk Religious Court) Citra Dewi; Maisa; Andi Purnawati
Indonesian Research Journal in Legal Studies Vol. 1 No. 01: September 2022 - Indonesian Research Journal in Legal Studies (IRJILS)
Publisher : Program Pascasarjana Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31934/irjils.v1i01.2757

Abstract

The dispensation for child marriage granted by the judge in the religious court is a provision of Law Number 16 of 2019 concerning Marriage. It states that the age limit for marriage for boys and girls is the same, which is 19 years. Then when examined from the perspective of Islamic law based on the compilation of Islamic law (KHI), it does not set a standard age for marriage. The research was conducted at the Religious Courts of Luwuk Regency, the Office of Religious Affairs (KUA) of North Luwuk District, and the Kilongan Village Office. The research was carried out in June – July 2022. The research source was the head of the Office of Religious Affairs (KUA) Kec. North Luwuk, the young clerk of the Luwuk Religious Court application, and the secretary of the whole kilongan. Based on the results of the research obtained above, the researchers found that the dispensation against child marriage permits from the perspective of Islamic law should still prioritize Islamic values ​​but not override the laws and regulations that apply in Indonesia, meaning that society in general and parents in particular observant to see the principle of benefit in marrying off their children at an age that is not yet mature enough according to the law. The researcher's suggestions are (1) In granting marriage dispensation permits to children, of course, still pay attention to the principle of benefit that comes from Islamic law itself, namely, the purpose of marriage, the benefits of marriage, and the nature of marriage. (2) To form a firm and careful attitude of a judge, it requires emotional maturity of a judge who handles a marriage dispensation application.
LEGALITY OF THE PUBLIC PROSECUTOR'S ACCUSATIONS REGARDING THE VERDICT OF CRIME OF CORRUPTION IN THE PALU STATE COURT Moh. Sabrang; Syamsul Haling; Samsuria
Indonesian Research Journal in Legal Studies Vol. 2 No. 2: September 2023 - Indonesian Research Journal in Legal Studies (IRJILS)
Publisher : Program Pascasarjana Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The formulation of the general prosecutor's indictment for the criminal act of corruption against fishing boats in Tolitoli Regency did not meet the formal requirements and material requirements which required careful, clear and complete details about the qualifications of the perpetrators (plegen, doen plegen, uitlokker) and the actions committed by the suspects (act) so that the prosecutor's charges become obscure (abscurs libels). Analysis of the texts proves that there is no correlation between the text, the meaning of the text and the context which qualifies the criminal acts alleged by the public prosecutor against the alleged perpetrators of corruption. In order to prevent formal cancellation of the indictment by the court, the public prosecutor in preparing the indictment must include a clear, accurate and complete description of the actions committed and not related to each other, incomplete and partial, especially material requirements so that the description of the public prosecutor is vague/obscure (obscuur libel) so that the charges are null and void and the court's decision is acquitted.
Implementation of Law Number 11 of 2022 Regarding the Management of Regional Revenue and Expenditure Budget Grants (Study on the Central Sulawesi Indonesian National Sports Committee) Armin Amiruddin; Muhammad Akbar; Muh. Yusuf Hasmin
Indonesian Research Journal in Legal Studies Vol. 2 No. 2: September 2023 - Indonesian Research Journal in Legal Studies (IRJILS)
Publisher : Program Pascasarjana Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Law Number 11 of 2022 concerning the National Sports System concerning Sports Funding Article 75 states that sports funding is a shared responsibility among the central government, regional governments and the community; the government and regional governments are required to allocate sports budgets through the State Revenue and Expenditure Budget and the Regional Revenue and Expenditure Budget. The aim of the study was to analyze the implementation of Law Number 11 of 2022 concerning the Management of KONI Central Sulawesi Province APBD Grants and the supporting and inhibiting factors for its implementation. This research is descriptive in nature, namely describing the reality that occurs regarding the gap between the law that should be (das Sollen) and the applicable law (das Sein) where das Sollen regarding government policies regarding sports funding managed by the KONI Central Sulawesi Province. The results of the study show that the implementation of Law Number 11 of 2022 which regulates the management of grants sourced from the regional budget by KONI of Central Sulawesi Province has not been fully implemented because the law is still new and still needs in-depth study. The inhibiting and supporting factors for the management of grant funds are the absence of law enforcement, the lack of supervision over the implementation of grant funds managed by certain institutions and the factors that support transparent and accountable management of grant funds which are directly controlled by province, districts and city government officials.
IMPLEMENTATION OF THE INHERITANCE OF INDONESIAN CITIZENS OF CHINESE DESCENT IN PALU CITY, CENTRAL SULAWESI PROVINCE Dikky Patenjenu; Maisa; Heru Wardoyo
Indonesian Research Journal in Legal Studies Vol. 2 No. 2: September 2023 - Indonesian Research Journal in Legal Studies (IRJILS)
Publisher : Program Pascasarjana Universitas Muhammadiyah Palu

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Abstract

The implementation of the inheritance of the Chinese-descended community in Palu City prioritizes Chinese customary law in the distribution of their inheritance because the distribution of inheritance according to the Civil Code is contrary to Chinese customary law. The share of inheritance for sons and daughters is the same, contrary to the teachings of Confucius. The settlement of inheritance disputes is pursued in two ways, namely through non-litigation (mediation) and litigation (court). In reality, the settlement of inheritance disputes prioritizes non-litigation or family deliberations rather than using litigation or courts because the use of litigation is a disgrace for Chinese citizens so that the application of inheritance law for the Chinese community and ways of resolving inheritance disputes can inspire an equal and humane law enforcement model in the future.

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