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Journal of Law Perspectives Review
Published by Catalist Indo Publisher
ISSN : -     EISSN : 31104878     DOI : https://doi.org/10.64670/jlpr
Core Subject :
Journal of Law Perspectives Review (JLPR) is an open-access and peer-reviewed academic journal focusing on legal studies and contemporary issues in law. We publish original and up-to-date articles that address significant theoretical, doctrinal, and practical legal issues relevant to Indonesia, Southeast Asia, and the global context. JLPR explores various aspects of law from multidisciplinary and critical perspectives, emphasizing legal development, justice reform, and the role of law in societal transformation at national and international levels. Main topics include constitutional law, administrative law, criminal law, civil law, international law, environmental law, human rights law, legal theory, and legal pluralism. We welcome original research articles, case analyses, theoretical studies, and literature reviews that offer new paradigms and critical insights into the evolving nature of law and legal systems. Each submission undergoes rigorous peer review by legal scholars and practitioners to ensure high scientific quality and global relevance.
Arjuna Subject : -
Articles 29 Documents
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Kohabitasi Dalam Perspektif Hukum Pidana, dan Hak Asasi Manusia: Antara Realitas dan Norma Sosial Emirza Nur Wicaksono
Journal of Law Perspectives Review Vol. 1 No. 2 (2025): Oktober
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v1i2.39

Abstract

The phenomenon of cohabitation as a form of living together without a legally recognized marriage has become increasingly prominent within Indonesian social dynamics, yet its existence is confronted with criminalization through the provisions of Law Number 1 of 2023 concerning the Criminal Code (KUHP). This study aims to analyze the regulation of cohabitation in the new Criminal Code, assess its compatibility with human rights principles as stipulated in Law Number 39 of 1999 on Human Rights, and understand the influence of social norms in its implementation. Using a normative juridical method with statutory and conceptual approaches, this research examines the tension between public morality, social reality, and the protection of individual rights. The findings show that the criminal provisions on cohabitation in the KUHP are moralistic in nature and not fully aligned with human rights principles, particularly those related to privacy, personal freedom, proportionality, and non-discrimination. Its application in society is also heavily influenced by diverse social norms, creating the potential for selective criminalization. This study concludes that the formulation of Indonesian criminal law needs to be directed toward a more humanistic and human rights-oriented approach, positioning criminal law as ultima ratio and avoiding disproportionate intervention in the private sphere of citizens.
Penerapan Teori Penemuan Hukum dalam Putusan Hakim Pada Praktik Peradilan di Indonesia Reviana Mutiara Indah; Suripno Marwanto; Azelia Rizki Sarwono; R. Rangga Maulana; Irwan Triadi
Journal of Law Perspectives Review Vol. 1 No. 2 (2025): Oktober
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v1i2.42

Abstract

This study examines the application of legal discovery theory in judicial decisions within the Indonesian judicial system. Judges in Indonesia are not only required to apply written law but also to interpret and construct legal norms when existing regulations are incomplete or insufficient. This condition creates a practical need for legal discovery as a means to fill legal gaps and ensure that judicial decisions reflect substantive justice. The objective of this paper is to analyze the theoretical foundations of legal discovery, explore how these theories operate within national legal principles, and identify how judges implement them in judicial reasoning. Using a normative juridical method, this study reviews statutory provisions, judicial decisions, and doctrinal sources to understand the patterns and rationale behind judicial legal discovery. The findings show that judges frequently rely on interpretation, legal principles, and societal values to establish legal norms, especially in cases involving regulatory ambiguity. These practices contribute to achieving justice and legal responsiveness, although they also pose challenges to maintaining legal certainty. The study concludes that legal discovery plays a strategic role in strengthening the judiciary’s function as a guardian of justice, and its proper application can enhance the adaptability of Indonesian law to evolving social needs.
Implementasi Teori dan Penemuan Hukum dalam Rekomendasi Ombudsman RI : Kaitan Norma Hukum dan Keadilan Administratif Khofifah Pane; Irwan Triadi
Journal of Law Perspectives Review Vol. 1 No. 2 (2025): Oktober
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v1i2.43

Abstract

Recommendations issued by the Ombudsman of the Republic of Indonesia are a crucial instrument for upholding administrative justice and preventing maladministration in public service delivery. This study aims to analyze the Ombudsman’s authority in issuing recommendations and examine its relationship to legal discovery theory, as well as its reflection of justice values in government administration. Using a normative juridical method through a literature-based review of legal scholarship, legislation, and relevant Ombudsman recommendations, the study finds that these recommendations function not merely as administrative decisions but also as a manifestation of the legal discovery process. In interpreting norms and determining appropriate remedies for public reports, the Ombudsman applies principles of legality and good governance while balancing legal certainty, utility, and justice. The study concludes that the Ombudsman’s recommendation authority plays a substantive role in strengthening accountability in public administration and ensuring that government actions remain aligned with citizens’ rights and the broader principles of administrative justice.
Consumer Protection of SPHP Brand Rice in a Legal Political Perspective Donius Ndruru; Agusmidah
Journal of Law Perspectives Review Vol. 2 No. 1 (2026): Januari
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v2i1.53

Abstract

This study aims to analyse consumer protection against the adulteration of Stabilization of Food Supply and Price (SPHP) rice in Indonesia and to evaluate legal policy weaknesses in order to formulate responsive regulatory reforms that balance business and consumer interests. The research applies a normative legal method using Roscoe Pound's theory of law as a tool of social engineering. Primary legal materials include Law No. 8 of 1999 on Consumer Protection, Law No. 18 of 2012 on Food, and the 1945 Constitution, supported by secondary sources from legal literature and relevant cases. The results show that SPHP rice adulteration violates Article 8 of the Consumer Protection Law concerning product standards and triggers strict liability under Articles 19–23 for business actors. Weak supervision, regulatory gaps, and persistent non-compliance remain major obstacles, indicating limited effectiveness of current enforcement mechanisms in ensuring food safety. The study concludes that responsive legal policy reconstruction is necessary through stricter distribution supervision, stronger sanctions, optimisation of local government roles, and the integration of supply-chain tracking technology to enhance regulatory harmonisation and substantive consumer protection within Indonesia's food security framework.
Cyber Extortion as a Cybercrime in Indonesian Criminal Law: Normative Analysis and Legal Protection for Victims Rahul Sihombing; Sachila Fattah; Dirga Arya Kesuma Nasution; Rosmalinda; Annisa Hafizah
Journal of Law Perspectives Review Vol. 2 No. 1 (2026): Januari
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v2i1.54

Abstract

This study aims to analyze the legal regulation of Cyber Extortion within the Indonesian criminal law system and examine the forms of legal protection and criminal liability applicable to perpetrators and victims. The research employs a juridical-normative method with a descriptive qualitative approach. Primary legal materials include Article 368 of the Criminal Code, Article 45 in conjunction with Article 27B of Law No. 1 of 2024 concerning the Second Amendment to the ITE Law, and Law No. 44 of 2008 concerning Pornography, supported by relevant legal doctrines and court practices. The findings indicate that Indonesian positive law has established a relatively comprehensive normative framework for addressing Cyber Extortion. Judicial interpretation has expanded the concept of “violence or threat of violence” to encompass psychological threats in cyberspace, including threats to disseminate sensitive data that may damage a victim’s reputation. Cyber Extortion can be categorized based on the relationship between perpetrators and victims, including both prior face-to-face relationships and purely online interactions. Legal protection mechanisms include the right to report, personal data protection, fair trial guarantees, restitution, and psychological assistance. Criminal liability is grounded in the principle of fault, particularly intentional conduct, with sanctions ranging from six months to twelve years imprisonment. In conclusion, effective implementation still requires stronger inter-agency coordination and increased public awareness to enhance prevention and victim protection.
Domestic Violence: A Review of Law and Protection for Women in Indonesia Baso Asrar Sayidin; Suhendar
Journal of Law Perspectives Review Vol. 2 No. 1 (2026): Januari
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v2i1.64

Abstract

This article aims to examine the forms and dynamics of domestic violence (DV) in Indonesia, evaluate the effectiveness of legal protection mechanisms, and analyse enforcement challenges under Law No. 23 of 2004 while also clarifying the evidentiary pathway for claims involving colonial land titles following Government Regulation No. 18 of 2021. The study applies normative legal research using statute and conceptual approaches through analysis of legislation, legal doctrines, and relevant secondary data concerning patterns of violence and contemporary legal practice. The findings show that domestic violence remains a serious socio-legal issue, with approximately 58.75% of reported violence occurring within households, reflecting the persistence of gender-based harm in private spheres. Although Indonesia has established a relatively comprehensive legal framework to address violence and regulate evidentiary matters, implementation remains inconsistent due to entrenched social stigma, limited institutional coordination, procedural barriers, and insufficient awareness among victims regarding their legal rights. In addition, ambiguities in evidentiary standards and administrative practices continue to affect the recognition and resolution of colonial land title claims within both judicial and bureaucratic processes. The study concludes that strengthening cross-sector collaboration, improving legal literacy, clarifying evidentiary standards, and enhancing institutional responsiveness are necessary to ensure more effective victim protection, consistent law enforcement, and greater legal certainty in Indonesia's evolving socio-legal landscape.
Juridical Analysis of the Constitutional Court's Decision Number 81/PUU-XXIII/2025 Rejecting the Formal Test of Law Number 3 of 2025 concerning Amendments to Law Number 34 of 2004 concerning the Indonesian National Army Walidul Halim; Irwan Triadi
Journal of Law Perspectives Review Vol. 2 No. 1 (2026): Januari
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v2i1.68

Abstract

Constitutional Court Decision Number 81/PUU-XXIII/2025, which rejected the formal judicial review of Law Number 3 of 2025 concerning the Amendment to Law Number 34 of 2004 on the Indonesian National Armed Forces (TNI), has sparked debate regarding the standards of law-making in a democratic rule-of-law state. This study analyzes the Court's legal reasoning in assessing the formal constitutionality of the TNI Law and examines its constitutional implications for the principles of due process of law, transparency, and meaningful public participation. This research employs a normative legal method using statutory, conceptual, and case approaches, focusing on an in-depth analysis of the Court's decision. The findings show that the Constitutional Court justified the legislative process by emphasizing the urgency of national defense policy and certain normative considerations, concluding that the planning, drafting, and deliberation stages formally complied with legal requirements. However, dissenting opinions from several Justices highlight procedural concerns, including the designation of the bill as a carry-over bill, revisions to the National Legislation Program (Prolegnas) without adequate evaluation, and the limited guarantee of meaningful public participation. Although the law was declared formally constitutional, the decision raises concerns about procedural flexibility that may weaken democratic legislative standards and affect the quality of constitutional governance in Indonesia.
Comparison of the Indonesian Military Legal System with the Malaysian Military Legal System Anis Fauzan; Walidul Halim; Irwan Triadi
Journal of Law Perspectives Review Vol. 2 No. 1 (2026): Januari
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v2i1.69

Abstract

This study addresses the problem of how differences in legal traditions influence the structure and enforcement of military law in Indonesia and Malaysia. It aims to examine and compare the legal foundations, institutional structures of military courts, and the characteristics of law enforcement applied to members of the armed forces in both countries. The research employs a normative juridical method with a comparative law approach by analyzing statutory regulations, particularly Law Number 31 of 1997 on Military Courts in Indonesia and the Armed Forces Act 1972 (Act 77) in Malaysia, as well as relevant legal literature and doctrines. The findings reveal that the principal differences between the two systems derive from their respective legal traditions—Civil Law in Indonesia and Common Law in Malaysia—which shape the organization of military courts, jurisdictional design, and procedural mechanisms for adjudicating military offenses. Indonesia relies on a codified and hierarchical military judicial structure, whereas Malaysia integrates common law principles within its court-martial system. Nevertheless, both systems share a fundamental objective, namely maintaining discipline, hierarchy, and command effectiveness within military institutions. In conclusion, despite structural and procedural distinctions, the military legal systems of Indonesia and Malaysia pursue similar normative goals. This study contributes to the development of comparative military law and offers a reference for strengthening military legal reform in Indonesia in alignment with the principles of the rule of law, military professionalism, and legal supremacy.
Legal Review Of Cooperation Between Indonesia And The Philippines In The Eradication Of Cross-Border Online Gambling Muhammad Refly Kamal; Sofa Laela
Journal of Law Perspectives Review Vol. 2 No. 1 (2026): Januari
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v2i1.70

Abstract

The development of information technology has brought various positive and negative impacts, one of which is the increase in cross-border online gambling practices, which are difficult to address solely through national legal instruments. Indonesia, as a country governed by the rule of law, faces serious challenges in suppressing online gambling practices, which often involve servers and players operating across borders. This creates new problems for countries that prohibit gambling. Therefore, Indonesia has established international cooperation, particularly with the Philippines, to address cross-border online gambling. This study aims to analyze the forms of international cooperation between Indonesia and the Philippines in enforcing cross-border online justice. The research method used is a normative juridical method with a regulatory and international legal approach. The results indicate that the Indonesia-Philippines extradition treaty, along with cooperation through Interpol and the Mutual Legal Assistance (MLA) mechanism, play a significant role in strengthening efforts to eradicate cross-border online gambling.
Criminal Liability for Electronic Document Forgery: A Case Study of PT. Toyobo Japan Sophia Lequin Theovani Purba; Thomas Poltak Sianturi; Theodora Verina Josephine Rouli Situmorang; Rosmalinda; Annisa Hafizhah
Journal of Law Perspectives Review Vol. 2 No. 1 (2026): Januari
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v2i1.74

Abstract

This study aims to explain the legal regulation of electronic document forgery in Indonesia as well as the form of criminal liability in the case of electronic document forgery of PT Toyobo Japan. Forgery of electronic documents is regulated through the general provisions of the Criminal Code and special provisions in the Electronic Information and Transactions Law that provide a legal basis for the act of creating, altering, and distributing counterfeit digital documents. This study uses a normative juridical method with a legislative approach and a case approach, based on the analysis of primary and secondary legal materials. The results of the study showed that the perpetrators deliberately created fake email accounts and manipulated payment instruction documents to illegally divert funds. These acts meet the elements of intentionality, responsible ability, unauthorized access, and the creation of false electronic documents as stipulated in the Criminal Code and the ITE Law. Thus, the perpetrators can be held criminally responsible as the main perpetrator or participate based on the applicable legal provisions.

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