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Articles 108 Documents
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The Impact of the Administrative System on the Effectiveness of Retribution Collection and Its Contribution to the Local Own-Source Revenue of Tapin Regency Ramadhan, Muhammad; Ifransyah, Rosyid
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 2 (2025): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i2.144

Abstract

Market service retribution, particularly from the market sector, is one of the strategic sources of Local Own-Source Revenue (PAD) in supporting regional development financing. However, in Tapin Regency, the management of market retribution receivables still faces various challenges, particularly related to a suboptimal administrative system. This study aims to analyze the influence of the administrative system on the effectiveness of market retribution collection and its contribution to increasing PAD in Tapin Regency. The research uses a qualitative descriptive approach, with data collected through in depth interviews with stakeholders at the Department of Trade and the Market Technical Implementation Unit (UPT Pasar). The findings indicate that limitations in the number of collectors, suboptimal distribution of retribution bills (SKRD), and the continued use of manual systems in billing and record keeping are major obstacles in retribution management. Additionally, disorganized archiving and the lack of an integrated digital system reduce the effectiveness of monitoring and accountability. Despite ongoing reform efforts through human resource development and digital application initiatives, implementation still requires careful planning and strong policy support. The study concludes that a well structured administrative system significantly influences the effectiveness of retribution collection and the realization of PAD from the market sector. Recommendations include accelerating the digitalization of the retribution system, increasing the number of collection personnel, and formulating comprehensive technical regulations for retribution implementation.
Confiscation of Crypto Asset Evidence: Legal Challenges in Cybercrime Enforcement in Indonesia Widhartama, I Gede; Frederik, Wulanmas; Kalalo, Merry Elizabeth; Bawole, Herlianty Y.A.
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 2 (2025): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i2.145

Abstract

The development of information technology has introduced crypto assets as an innovation in the global financial system. The emergence of crypto assets presents both opportunities and challenges, particularly in the enforcement of cybercrime law in Indonesia. Their decentralized, anonymous, and cross-border nature makes them difficult to trace and highly vulnerable to misuse for crimes such as money laundering, online fraud, and terrorism financing. Within the national legal framework, regulatory ambivalence persists: Bank Indonesia prohibits the use of crypto as a means of payment, while Bappebti legitimizes it as a futures commodity. This dualism creates complex legal challenges, especially when crypto assets are treated as evidence in criminal proceedings. The Criminal Procedure Code (KUHAP), which remains oriented toward conventional evidence, has not accommodated the unique characteristics of digital assets, resulting in the seizure and confiscation of crypto assets through broad interpretations that often invite conflicting views and pretrial disputes. This research adopts a normative-empirical juridical approach using a statute approach, supported by secondary data and interviews. The findings reveal that the regulation of crypto asset confiscation in Indonesia remains fragmented, spread across multiple legal instruments, and lacks explicit technical guidance. Consequently, weaknesses persist in legal certainty, procedural effectiveness, third-party protection, and Indonesia’s alignment with international standards. Therefore, this article recommends establishing comprehensive digital asset confiscation regulations, enhancing law enforcement technical capacity, clarifying institutional authority, and integrating national mechanisms with international standards such as the FATF and the Budapest Convention to ensure effective and legally certain implementation consistent with the rule of law.
The Concept of the Effectiveness of Awarding Whistleblowers as a Preventive Effort for Narcotics Crimes in the Perspective of Economic Analysis of Law Tokan, Bebe
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 2 (2025): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i2.146

Abstract

The circulation of illicit narcotics in Indonesia continues to rise despite the existence of comprehensive legal regulations. According to data from the Indonesian National Police (Polri) through the Directorate of Narcotics Crimes (Dittipidnarkoba) and the Regional Police Narcotics Directorates, there were 38,934 cases of illicit narcotics trafficking from January to October 2025. This figure demonstrates that current laws have not been fully effective in suppressing narcotics-related crimes. Therefore, an alternative and more adaptive legal approach is needed, one of which is the Economic Analysis of Law. This study aims to formulate the concept of effectiveness in granting rewards to whistleblowers as a preventive measure in combating narcotics crimes. The research applies a normative juridical method with a legislative approach by examining statutory provisions concerning whistleblower protection and incentives, and evaluating them through an economic perspective to understand how legal rules generate costs, benefits, and behavioral responses within society. The findings indicate an innovative strategy that integrates legal and economic aspects in a balanced manner. Providing financial incentives to whistleblowers is not only a form of recognition for lawful acts but also a rational instrument to encourage greater legal compliance. Such incentives are expected to increase public participation in reporting narcotics crimes, thereby supporting law enforcement efforts. This incentive-based policy has strong potential as an effective preventive measure to promote active community involvement in combating drug trafficking. The study also recommends establishing clear implementation guidelines and periodic evaluation mechanisms to assess the effectiveness of whistleblower incentives in reducing narcotics related offenses.
Evaluation of Law Enforcement on Consumer Protection in Online Sales and Purchase Agreements Frederik, Wulanmas APG; Ringkuangan, Deine; Tuwaidan, Herry
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 2 (2025): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i2.147

Abstract

Online buying and selling activities are now increasingly widespread, especially as the sites used for conducting online buying and selling transactions are becoming better and more diverse. However, in the online buying and selling system, the products offered are only in the form of explanations of product specifications and images, the truth of which cannot be guaranteed. For this reason, Consumer Independence is needed in conducting Online Buying and Selling Transactions as an effort to protect themselves as mandated by Law Number 8 of 1999 concerning Consumer Protection. The objectives of this research are to examine and analyze: 1). Legal Protection for consumers in Online Buying and Selling Transactions; 2). Evaluation of the Effectiveness of Consumer Protection Law Enforcement in Online Sales and Purchase Agreements. This research goes through 3 stages, namely: 1). The initial stage, consisting of the initial meeting of the Research Team and the division of tasks; 2). The Implementation Stage, namely: Data collection, Monitoring, Discussion of the results of data collection; 3). The Final Stage, namely: Preparation of Research Results. As for the literature, empirical data collection was also carried out using tools. The research approach method used in this study is the Empirical Juridical approach. Data collection techniques, in addition to using a Juridical approach, were obtained through research in the form of interviews. Furthermore, data analysis in this study was carried out qualitatively. The results of this research describe the Evaluation of Law Enforcement in Online Buying and Selling Transactions.
Rape of a Biological Child and Criminal Sanctions for the Perpetrator arief, hanafi
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 1 (2025): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i1.148

Abstract

The phrase “rape of a biological child” refers to a situation where a parent (or another direct blood relative) commits sexual violence against their own child. Rape of a biological child in Indonesia is a serious crime regulated by various laws and regulations. This research aims to analyze the criminal provisions for sexual violence in Indonesian positive law, and analyze the criminal sanctions for perpetrators of sexual violence in Indonesian positive law. As a normative legal research, the research examines laws and regulations related to criminal act of rape. Research results: The crime of sexual violence as a whole is regulated in the Criminal Code (KUHP), Human Rights Law Number 39 of 1999, Law on the Elimination of Domestic Violence Number 23 of 2004. And specifically against children as victims is regulated in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection; The crime of sexual violence as a whole is regulated in the Criminal Code (KUHP), Human Rights Law Number 39 of 1999, Law on the Elimination of Domestic Violence Number 23 of 2004. And specifically against children as victims is regulated in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection; Criminal sanctions for perpetrators of sexual violence in the Criminal Code against minors are formulated in Article 285 of the Criminal Code, namely a maximum prison sentence of twelve years. Meanwhile, in the Child Protection Law, imprisonment based on Article is a minimum of 5 (five) years and a maximum of 15 (fifteen) years and a maximum fine of IDR 5,000,000,000.00 (five billion rupiah). In the case of a crime committed by a parent, guardian, child caregiver, educator, or education personnel, the penalty is increased by 1/3 (one third) of the criminal threat as referred to in paragraph (1)
Implementation of narcotics rehabilitation services in mandatory reporting receiving institutions in south kalimantan province: legal and institutional analysis Utomo, Darmono Budi
International Journal of Law, Environment, and Natural Resources Vol. 6 No. 1 (2026): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v6i1.149

Abstract

Drug abuse in Indonesia is a multidimensional problem affecting health, social, and legal aspects, addressed through a rehabilitative approach within the Mandatory Reporting Institutions system. This study aims to analyze the implementation of drug rehabilitation services in South Kalimantan Province, focusing on legal aspects, policy effectiveness, institutional conditions, and existing challenges. Using a normative-empirical (socio-legal) method with a legislative approach and field research at several institutions, the findings show that all Mandatory Reporting Recipient Institutions have strong legal standing and have implemented service standards based on Indonesian National Standard 8807:2022 Type III. These include mandatory reporting mechanisms, assessment procedures, treatment planning, referral systems, and service evaluation. However, policy implementation is considered fairly effective but not yet optimal, particularly in terms of system integration, human resource capacity, and social stigma. Institutionally, although these facilities are formally established, disparities remain in multidisciplinary human resources, infrastructure availability, and digital integration across sectors. Key obstacles include limited expertise, incomplete rehabilitation facilities, suboptimal reporting systems, and persistent community stigma toward rehabilitation services. In conclusion, while implementation generally aligns with the legal framework and operates adequately, further strengthening in integration, institutional capacity, and stigma reduction is necessary to achieve a more effective, holistic, and sustainable rehabilitation system.
Unraveling the ambiguity of the commonality element in Indonesian class action litigation Susilo, Erwin; Nahdhah, Nahdhah; Negara , Dharma Setiawan
International Journal of Law, Environment, and Natural Resources Vol. 6 No. 1 (2026): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v6i1.151

Abstract

The meaning of commonality in Class Action (CA) lawsuits in Indonesia, which remains abstractly formulated, leaves room for judges to interpret it differently, potentially leading to "disparities in rulings and legal uncertainty." This research aims to compare the regulation of CA in Indonesia and the United States, specifically regarding the concept of commonality, and to formulate a more concrete and applicable concept for the Indonesian legal system. The normative legal research used in this study employs a legislative and comparative law approach. Based on the study, this research found that in the United States, commonality has developed more clearly through jurisprudence by emphasizing a single core issue (common contention) and the dominance of a shared issue (predominance), unlike Indonesia, which still lacks a definite standard. From this condition, this research takes a firm position that commonality should not be merely interpreted as a general similarity, but rather as a unity of substantive issues that can be proven and resolved collectively in a single decision. On this basis, it is necessary to formulate a norm that is "concrete, measurable, and operational" so that the CA mechanism can truly provide legal certainty.
Customary Law Perspective: Legal Protection of Children as Crime Victims (Study in Parigi Moutong Regency) Nurhayati Mardin; Vivi Nur Qalbi; Harun Nyak Itam Abu; Adiguna Kharismawan
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 1 (2025): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i1.101

Abstract

This study aims to analyze the implementation of legal protection for child victims of violence and the juridical implications of resolving such cases through customary law mechanisms in Parigi Moutong Regency. Employing an empirical juridical method, the research incorporates a conceptual approach, a case approach, and a statute approach. Data were obtained through surveys, observations, and interviews with relevant stakeholders, and analyzed qualitatively. The findings reveal that legal protection for child victims has been implemented by relevant authorities, including law enforcement and child protection agencies. These efforts involve both formal legal proceedings and non-judicial support such as victim assistance and rehabilitation provided by the Department of Women’s Empowerment, Child Protection, Population Control, and Family Planning. However, the research also highlights the ongoing practice of resolving cases particularly those involving sexual violence through customary law. Such resolutions often contradict national legal standards and principles of children's human rights. The preference for customary mechanisms among local communities and traditional leaders reflects sociocultural norms and the perceived accessibility of informal justice systems. The study underscores the need for policy harmonization between state law and customary practices to ensure the protection and fulfillment of children's rights.
Alternative Environmental Dispute Resolution Based On Local Wisdom Of Banjar Traditional Community Diana Rahmawati; Tavinayati Tavinayati
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 1 (2025): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i1.103

Abstract

The purpose of this study is first to identify the difficulties of the community as victims in resolving environmental disputes through the courts (litigation) and then to find a pattern of environmental dispute resolution outside the courts that can be applied in accordance with the values ??and local wisdom of the Banjar community. The research method used is normative legal research, namely examining the applicable legal norms related to the resolution of environmental disputes. The results of this study: First, in the Settlement of Environmental Disputes in court (litigation) there are several weaknesses, namely the formality of the court system, proof of the elements contained in Article 1365 BW, the burden of proof is on the plaintiff / victim. In addition, settlement through the Court requires a lot of court costs, a long time, and court decisions are not satisfactory because the settlement is win-lose, less responsive, and no special court for environmental cases has been formed. Nevertheless, Law No. 32/2009 and and Government Regulation Number 54 of 2000 has opened up opportunities for the establishment of an Environmental Dispute Resolution Service Provider Institution outside the courts in the regions. In order to be more effective, a pattern of dispute resolution can be developed which has become a culture or customary law in the Banjar community, namely the "Bedamai culture" as a reflection in efforts to maintain harmonious order in society. The Bedamai institution can be used as an alternative to resolving environmental disputes that are traditional in nature which can be strengthened in Regional Regulation Products.
Issues in the Distribution of Inheritance Within Families: A Study in Sidokerto Village, Mojowarno District, Jombang Regency Kuswanto Kuswanto; sugiana sugiana; Muhammad Andri
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 1 (2025): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i1.125

Abstract

Inheritance distribution within families often triggers conflicts, particularly when differing legal principles intersect, such as customary law and Islamic law. This study investigates the inheritance distribution mechanism in Sidokerto Village, Mojowarno District, Jombang Regency, focusing on the tension between customary law, which promotes equal distribution among heirs, and Islamic law, which applies a 2:1 ratio favoring male heirs. The research aims to identify the dominant factors influencing these inheritance patterns, including local traditions, legal awareness, and the socio-economic background of heirs.Using an empirical-juridical approach, the study combines a statute approach (analysis of legal texts), a case approach (review of inheritance-related disputes), and a sociological approach (examination of social practices). Primary data were collected through interviews with the village head and community leaders, while secondary data included national inheritance laws, the Compilation of Islamic Law, the Quran, and scholarly literature on inheritance practices. Findings reveal that most of the Sidokerto Village community adheres to customary inheritance law, emphasizing equal rights among heirs regardless of gender. However, a smaller portion of the population follows Islamic inheritance principles. This divergence often leads to disputes, especially when family members have differing interpretations of applicable legal norms. Factors influencing inheritance decisions include long-standing local customs, varying levels of legal knowledge, and the economic status of heirs. In most cases, inheritance issues are resolved through family deliberation, often mediated by village officials. The inheritance process typically begins with asset inventory and heir identification, serving as the foundation for distribution decisions.

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