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INDONESIA
Indonesian Research Journal in Legal Studies
ISSN : 29631017     EISSN : -     DOI : -
Core Subject : Social,
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
REPORTING OF REGIONAL HEAD ELECTION CAMPAIGN FUNDS IN 2018 PARIGI MOUTONG REGENCY ACCORDING TO COMMISSION REGULATIONS GENERAL ELECTION NUMBER 5 YEAR 2017 Egar Mahesa; Muh. Akbar; 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

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Abstract

Regional head candidate pairs are obliged to report campaign funds in the form of LADK, LPSDK and LPPDK to the General Election Commission of Parigi Moutong Regency. After the report was received, the KPU ordered an audit team from the Public Accountant Office (KAP) to audit in order to adjust incoming and outgoing funds. This is done by the General Election Commission to increase the compliance of political parties and regional head candidates through outreach regarding campaign finance regulations. In addition, improving the facilities and infrastructure for reporting campaign funds and maximizing the application of sanctions for political parties and pairs of regional head candidates who commit campaign finance reporting violations that are not in accordance with applicable laws and regulations. Therefore, the KPU should be given the authority to carry out investigative audits of campaign funds owned by regional head candidate pairs and apply sanctions to those who report campaign funds not in accordance with the General Election Commission Regulations.
IMPLEMENTATION OF THE SUPERVISION FUNCTIONS OF VILLAGES CONSULTANCY AGENCY IN OPTIMIZING VILLAGE DEVELOPMENT ACCORDING TO REGULATION OF THE MINISTER OF HOME AFFAIRS NUMBER 110 OF 2016 (Study at Lumbe, Nambo District, Banggai Regency) Muhammad Rivai; 2Muh. Akbar,; Muhammad 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

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Abstract

Implementation of the supervisory function of the Lumbe Village Consultative Body, Nambo District, Banggai Regency on the performance of the Lumbe village head which was carried out in a monitoring and evaluation manner and the results were not in accordance with the provisions of Article 46 paragraph (3) of the Minister of Home Affairs Regulation Number 110 of 2016 concerning Village Consultative Councils. So that it has not supported the administration of Lumbe village government to achieve legal goals. Several factors become obstacles, namely the limited human resources of BPD, low financing, low community culture and lack of BPD institutional facilities and infrastructure. Even so, there are supporting factors, namely harmonious coordination between the PBD and the village head and strong community support for the implementation of the supervisory function carried out by BPD Lumbe. It is recommended that the Ministry of Home Affairs issue guidelines for monitoring and evaluating the performance of village heads, strengthen support for BPDs and increase BPD budgets including increasing the availability of facilities and infrastructure for BPD Lumbe. Supervision functions are carried out effectively in supporting the implementation of village governance in a sustainable manner.
Legal Analysis of the Position of Academic Papers in the Formulation of Regional Regulations According to the Law on the Formation of Legislation Citra Dewi
Indonesian Research Journal in Legal Studies Vol. 4 No. 1: March 2025 - 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.v4i1.8618

Abstract

The issues studied are the legal position of academic papers in the formulation of regional regulations in Indonesia and the legal implications of draft regional regulations that are not accompanied by academic papers. The aim of this research is to understand and analyze the legal position of academic papers in the formulation of regional regulations in Indonesia, as well as to analyze the legal implications of draft regulations that lack academic papers. This study uses normative legal research, examining laws, legal principles, legal theories, legal materials, and library sources. The findings show that, legally, academic papers are not merely complementary administrative documents but substantive requirements attached to the legitimacy of the process of forming regional regulations. Academic papers bridge the gap between normative needs and empirical realities. The absence of academic papers may cause formal defects in the process of forming regulations, which could result in cancellation by the central government through evaluation or annulment by the Supreme Court through judicial review.
Analysis of Excessive Self-Defense (Noodweerexces) in the Crime of Persecution Ines Adania Yusuf
Indonesian Research Journal in Legal Studies Vol. 4 No. 1: March 2025 - 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.v4i1.8620

Abstract

This study aims to examine and analyze the justification for excessive self-defense (noodweerexces) under the Criminal Code and to analyze court decisions granting release from all charges (ontslag van alle rechtsvervolging) in cases of persecution resulting from excessive self-defense. This research is classified as normative legal research, encompassing studies on legal principles, legal systematics, legal synchronization, legal history, and legal comparisons. The results of this study indicate that self-defense in persecution cases can be accepted as a justification that eliminates the perpetrator’s criminal liability. The removal of criminal liability in such cases serves as a form of legal protection against an immediate threat to the perpetrator’s honor and safety and recognizes the legitimacy of actions taken in response to imminent threats. It is suggested that although persecution may be committed as an act of self-defense, every act of self-defense must involve an immediate threat faced by the perpetrator, and the threat must endanger the perpetrator’s honor or safety. Furthermore, judges must consider the circumstances of both the perpetrator and the victim, ensuring that decisions to release the perpetrator from prosecution are rational and proportional, serving as legitimate justification for the elimination of criminal liability.
Qualification of Sanctions for Money Laundering Crimes from the Proceeds of Narcotics Crimes Hamdan H. Rampadio
Indonesian Research Journal in Legal Studies Vol. 4 No. 1: March 2025 - 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.v4i1.8623

Abstract

This research aims to examine and analyze the application of criminal sanctions for perpetrators of money laundering offenses arising from narcotics crimes. This study employs normative legal research, focusing on the criminal sanction system applied to money laundering offenders originating from narcotics-related proceeds. The research uses a normative approach based on primary, secondary, and tertiary legal sources, including court decisions, and conducts qualitative analysis through legal reasoning and argumentation. The results indicate that the criminal sanctions imposed on perpetrators of money laundering from narcotics proceeds are considered very light and inconsistent with the objectives of justice and the enforcement of laws regulating the eradication of money laundering and narcotics offenses. The sanctions are deemed excessively lenient because the acts are treated as a single offense, despite the perpetrators committing a combination of multiple offenses (concursus and voorzette delict). Moreover, the Public Prosecutor’s Office does not process co-perpetrators (medeplegen) as responsible parties, even though they are proven to have participated in the commission of money laundering offenses related to narcotics crimes (predicate offenses). Additionally, the judges’ considerations in sentencing the perpetrators do not adequately take into account the legal facts revealed during trial, the evidence presented by the public prosecutor, or the legal reasoning from both the judex facti and judex juris perspectives. Consequently, the sanctions imposed are very light and deviate from the criminal sanction system stipulated in the Indonesian Penal Code (KUHP) and established doctrines of criminal law in Indonesia. The recommendations of this study are, first, to strengthen law enforcement regarding narcotics and money laundering crimes, including enhancing the capacity to detect and investigate money laundering derived from narcotics proceeds; and second, for judges to continuously improve their expertise, gain practical experience, and carefully assess which legal provisions are applicable. This will enable them to analyze relevant factors effectively and ensure that judicial decisions are fair, consistent, and grounded in legal reasoning.
The Role of the Mobile Brigade in Social Conflict Management Gunawan Arifin
Indonesian Research Journal in Legal Studies Vol. 4 No. 1: March 2025 - 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.v4i1.8624

Abstract

This study aims to: (1) examine the role of the Mobile Brigade in addressing social conflicts between Rarampadende Village and Pesaku Village, West Dolo District, Sigi Regency; and (2) identify the obstacles faced by the Mobile Brigade in managing these conflicts. The research employs an empirical juridical approach. The results of this study are as follows: (1) The role of the Mobile Brigade in addressing social conflicts between Rarampadende Village and Pesaku Village is carried out in several stages, including a prevention stage, which emphasizes preventive measures, and a rehabilitation stage, which focuses on post-conflict recovery between the two villages. (2) The obstacles encountered by the Mobile Brigade include the low level of legal awareness among community members in the two villages and the limited number of mediators available to handle social conflicts. These factors hinder the Mobile Brigade’s effectiveness in resolving conflicts. The study provides the following recommendations: (1) All elements of society should cooperate in post-conflict recovery efforts, as addressing social conflicts is not solely the responsibility of the police but a shared responsibility of the entire community. (2) The local government of Sigi Regency should reactivate existing customary institutions, as conflict resolution using customary approaches—such as peace agreements and customary sanctions for violators—has proven to be effective in managing social disputes.
Juridical Review of the Division of Joint Property After Divorce in Mixed Marriages Adam Rifandi Hakim; Moh. Nafri; Muh. Rizki Syafaat
Indonesian Research Journal in Legal Studies Vol. 4 No. 1: March 2025 - 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.v4i1.8625

Abstract

Mixed marriage, defined as a marriage between an Indonesian citizen (WNI) and a foreign citizen (WNA), is a phenomenon that has been increasing alongside globalization. However, when a divorce occurs in such marriages, complex legal issues emerge, particularly regarding the division of joint property. These complexities arise from differences in the legal systems of the countries involved, including restrictions on property ownership by foreigners in Indonesia as stipulated in the Basic Agrarian Law. The main problem addressed in this study is how the division of joint property after divorce in mixed marriages is regulated and implemented, as well as the obstacles encountered in the process. This research employs a normative juridical method, using a legislative approach and case studies, particularly focusing on Constitutional Court Decision Number 69/PUU-XIII/2015. The results indicate that, although Indonesian law generally regulates the distribution of joint property, its implementation in mixed marriages still faces several challenges. These include differences in legal systems between countries, the requirement for recognition of foreign judgments through exequatur, and provisions prohibiting property ownership by foreigners. Additionally, the absence of a prenuptial agreement complicates the fair distribution of property. This study underscores the importance of reforming national laws and harmonizing them with international law principles, as well as the necessity of a strong understanding of international private law concepts such as lex rei sitae and lex domicilii. Such efforts are essential to ensure legal certainty and justice in the division of joint property following divorce in mixed marriages.
Juridical Review of the Criminal Process Against Children as Offenders After the Age Of 18 Based on the Indonesian Penal System Diamond Wulandari Badja; Kaharuddin Shah; Mohamad Didi Permana
Indonesian Research Journal in Legal Studies Vol. 4 No. 2: September 2025 - 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.v4i2.8716

Abstract

This study aims to analyze and determine the legal status for children who commit criminal acts that are processed by the court at the age of 18 years and to analyze and find out the criminal law arrangements in the juvenile justice process that are carried out after the perpetrator (child) is 18 years old. The research method used is normative legal research using a legislative approach and a conceptual approach, The data source in this study comes from secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials which are analyzed qualitatively and then draw conclusions using a deductive thinking process. The results of this study are: 1). In the juvenile justice process that is carried out after the perpetrator (child) is 18 years old, the legal position still refers to the age at which the crime was committed (tempus delicti). This reinforces the principle that juvenile criminal law is retroactive to a certain age limit; 2). The juvenile justice process that is carried out after the perpetrator (child) is 18 years old is still based on Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.
The Existence of Law Number 27 Of 2022 Concerning Personal Data Protection in Protecting Citizens' Privacy Rights Awaluddin
Indonesian Research Journal in Legal Studies Vol. 4 No. 2: September 2025 - 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.v4i2.8717

Abstract

This research aims to analyze and examine how Law Number 27 of 2022 plays a role as a legal instrument in ensuring the protection of citizens' privacy rights to personal data. In addition, this study also aims to assess the effectiveness of the norms and provisions regulated in the law, as well as evaluate institutional readiness to support its comprehensive implementation in the digital era. This research uses a normative legal method by examining laws and regulations and legal documents related to Law Number 27 of 2022 to examine the protection of citizens' privacy rights. The results of this study show that Law Number 27 of 2022 has been present as a special regulation that provides a clear and comprehensive legal basis in ensuring the protection of privacy rights for citizens' personal data. This law contains data protection principles in accordance with international standards, as well as regulates the rights of data subjects, the obligations of data controllers, and sanctions for violations. However, the effectiveness of the implementation of this law still faces structural obstacles, especially the lack of the formation of an independent supervisory institution which is an important element in carrying out the function of supervision and law enforcement optimally. It is recommended that the government immediately establish an independent supervisory institution and improve people's digital literacy to support the effectiveness of protecting privacy rights under the Personal Data Protection Law.
The Role of General Criminal Investigation in Tackling Human Trafficking Sitti Fatimah Maddusila
Indonesian Research Journal in Legal Studies Vol. 4 No. 2: September 2025 - 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.v4i2.8725

Abstract

This study aims to: (1) To find out the efforts made by the General Criminal Investigation Unit of the Central Sulawesi Regional Police in tackling the crime of trafficking in persons (2) To find out the obstacles faced by the General Criminal Investigation Unit of the Central Sulawesi Regional Police in tackling the crime of trafficking in persons. The method used in writing this is to use an empirical juridical research approach. The results of this research are (1) The Police as law enforcers, protectors and protectors of the community are obliged to maintain the uphold of the law, justice and protection of human dignity as well as order and legal certainty in order to realize the duties and functions of the police, there are several efforts made by the Central Sulawesi Police, especially the criminal investigation unit in overcoming the prevention of human trafficking crimes, namely through the efforts of the Central Sulawesi Police. Pre-emptive, through preventive efforts and through repressive efforts. (2) The prevention of trafficking in persons carried out by the General Criminal Investigation of the Central Sulawesi Regional Police has several obstacles, including victims of trafficking in persons who do not want to report, and the lack of budget for the prevention of trafficking crimes, when this is an obstacle to the general criminal investigation of the Central Sulawesi Regional Police in preventing the crime of trafficking in persons. The Research Suggestions are (1) There is a need for special attention and support from various institutions and the community is also needed to handle trafficking cases. Information and news from trafficking cases need to be reported more to increase public attention so that cases about Human Trafficking do not occur again (2) The government should form a special task force to tackle the crime of trafficking in persons consisting of the police, the Ministry of Manpower and the Protection of Indonesian Workers.

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