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Indonesian Journal of Law and Policy Studies Post Graduate Of Law Universitas Muhammadiyah Tangerang. JL. Perintis Kemerdekaan No 1/33, Babakan, Cikokol Kec. Tangerang, Kota Tangerang, 15117, Banten, Indonesia Email: journalijlps@gmail.com
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INDONESIA
Indonesian Journal of Law and Policy Studies
Published by Universitas Muhammadiyah Tangerang
ISSN : -     EISSN : 27226670     DOI : 10.31000/ijlp
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
The aim Indonesian Journal Of Law and Policy Studies is to offer a venue for academicians, researchers, and practitioners for publishing their original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Adat Law, Environmental Law and another section related to contemporary issues in law or interconnection study with Legal Studies in accordance with the principle of novelty and including government policies both central and regional in a regulation
Arjuna Subject : Ilmu Sosial - Hukum
Articles 41 Documents
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The Validity of the Execution Auction of Booty of Motor-vehicle Theft by the State Prosecutors Office Andreanto Andreanto; Supriyono Supriyono; Anang Dony Irawan
Indonesian Journal of Law and Policy Studies Vol 3, No 1 (2022): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v3i1.6244

Abstract

This study aims to determine the role of the state prosecutor's office in the management of evidence and looted goods and to determine the validity of the auction process for the execution of motor vehicle theft stolen goods by the state prosecutor's office. This research is a normative juridical research using a statutory approach. From the results of the study, it can be seen that the execution auction of the booty of motor-vehicle theft carried out by the state prosecutors is considered valid if it meets the prerequisites, namely the existence of a "confiscated" order in a court decision that has been inkracht and fulfills the principle of publicity and fulfills the provisions as stated in the Regulation of the Attorney General of the Republic of Indonesia Number 10 of 2019 concerning Amendments to the Regulation of the Attorney General R.I. No. PER-002/A/JA/05/2017 concerning Auctions and Direct Selling of Confiscated Goods or State confiscated Goods or Executed Confiscated Goods.
Rights of Victims of Sexual Violence with Disabilities Based on Law Number 12 of 2022 Yusrotul Izza Amalia; Nur Azizah Hidayat
Indonesian Journal of Law and Policy Studies Vol 3, No 1 (2022): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v3i1.6298

Abstract

Sexual violence is a phenomenon of human rights violations that can occur in various countries, including Indonesia.Based on the annual disability data of the Indonesian Women's National Commission recorded in 2019 there were 89 cases and in 2020 there were 87 cases with a specific increase in sexual violence cases from 69% in 2018 to 79% in 2019. Although it does not have a variable pandemic situation, in 2020, the picture of cases of violence experienced by women with disabilities is dominated by rape. From the case of violence against women with disabilities, it is illustrated that women with intellectual disabilities are the most vulnerable group with a percentage of 47%. The purpose of this study is to find out the legal protection and rights of victims of sexual violence for persons with disabilities. This research uses normative research methods with a statutory and literature approach. The results of the study examined the rights of victims of sexual violence for persons with disabilities stipulated in Law No. 12 of 2022 concerning Sexual Violence Crimes including Special Enforcement by Law Enforcement Officials, handling procedures, protection, and recovery, state responsibility in guaranteeing the rights of persons with disabilities, and education related to public sexual violence. The regulation to protect the rights of persons with disabilities in Law No. 8 of 2016 concerning Persons with Disabilities contains: (a) The right to be free from torture, exploitation, and discrimination for persons with disabilities. (b) Interact and socialize in society, family, state, and get protection from all forms without fear of a single form
Online Alternative Dispute Resolution for Consumer Dispute Settlement in the Digital World Ahmad Habib Al Fikry; Nurul Fibrianti
Indonesian Journal of Law and Policy Studies Vol 3, No 1 (2022): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v3i1.6254

Abstract

Online dispute resolution by consumer dispute resolution agency has not been regulated in consumer protection law. The aims of this study: (i) showing online alternative dispute resolution is concept of consumer dispute resolution by consumer dispute resolution agency in digital world in Indonesia; (ii) showing the urgency of regulation and matters regulated in consumer protection law relating to online alternative dispute resolution. The author uses normative juridical research. The results show first, online alternative dispute resolution for consumer dispute resolution by consumer dispute resolution agency can overcome the problem of long time and not cheap costs incurred by consumers to resolve disputes, in line with the increase in digital consumers, whose implementation can improve assessment of alternative dispute resolution related to effectiveness rule of law. Second, online alternative dispute resolution needs to be regulated in consumer protection law so that consumer dispute resolution agency get legal certainty to apply them in consumer dispute resolution. Regarding the regulation, it can refer to International Council for Online Dispute Resolution and strengthen the institution of consumer dispute resolution agency. The regulation and implementation of online alternative dispute resolution by the consumer dispute resolution agency has been strengthened by success in several other countries.
PUBLIC SPACE PARTICIPATION IN LAW ENFORCEMENT AGAINST SERIOUS HUMAN RIGHTS VIOLATIONS IN DISCOURSE PERSPECTIVE JÜRGEN HABERMAS Abdul Kadir; Fachri Aldifara Kurnia; Dwi Nur Fauziah Ahmad; Auliya Khasanofa; Ulil Albab
Indonesian Journal of Law and Policy Studies Vol 3, No 1 (2022): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v3i1.6455

Abstract

This writing aims to analyze the background of the public sphere's participation in resolving cases of gross human rights violations by using the public sphere discourse of Jurgen Habermas. The method used in writing is a normative juridical approach. The point is that this research focuses more on literature studies and news studies, documentary studies on the provisions of laws and regulations. The results of this paper show that the factors that cause serious human rights cases cannot be legally resolved because of the very dominant political element in the settlement, such as this serious human rights case will be used as an advantage for practical political interests five years, and also the average perpetrators of gross human rights violations are currently an important element in the current Indonesian government. In this case, the element of public space should play an important role in resolving these gross human rights violations, in the theory of public space discus according to Jurgen Habermas, so that social problems such as legal problems can be resolved intersubjectively between the system and the public sphere, and the results obtained through consensus can be accepted. Intersubjectively without putting aside each opinion, Habermas proposes his concept of communicative discourse as a discourse that must be tested first in a communicative ratio. In the settlement of serious human rights cases, it is still possible to be resolved legally by involving the public sphere, because according to Habermas every social problem such as law can be resolved through communicative action. KEYWORDS: Communicative Ratio, Law, Serious Human Rights Cases, Public Space
The Legal Power of Electronic Contracts and as Evidence In default during the Covid-19 Pandemic in Indonesia Anggun Lestari Suryamizon; Kartika Dewi Irianto; Mahlil Adriaman
Indonesian Journal of Law and Policy Studies Vol 3, No 1 (2022): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v3i1.6306

Abstract

An agreement is a legal act that will create a legal relationship between one legal subject and another to fulfill an achievement. In Indonesia, in general, people carry out business activities accompanied by a written agreement or what is commonly referred to as a contract. At this time, Indonesia is being affected by the Covid-19 virus and has become a national disaster. With this national disaster, it has greatly affected the lives of the Indonesian people, especially in the business sector, in which the implementation transaction must be accompanied by a contract where each business transaction will certainly experience a decline and setback which will result in many parties involved in the contract unable to fulfill their achievements. Especially when the current conditions of many parties agree to their agreement by using electronic contracts to anticipate the possibility of the spread of the corona virus. This study aims to (1) find out how the implementation of electronic contracts during the pandemic, and (2) how the validity and strength of electronic contracts. This research is very interesting to study because electronic contracts are new in the world of contract law, and it examines more deeply how the proof will be and its legal strength when there is default in the implementation of the electronic contract. The method used is juridical normative. This study will provide an explanation of the legal strength of electronic contracts, and how the strength of proof is in case of default.
Differences in Data Protection Systems in Indonesia And Singapore Rizki Rizki; Elfrida Ratnawati Gultom
Indonesian Journal of Law and Policy Studies Vol 3, No 2 (2022): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v3i2.7465

Abstract

The Indonesian Personal Data Protection Law that was recently legalized by the government aims to protect people’s personal data, to provide a sense of security and provide legal certainty to its users, but there are several weaknesses that are considered not to strengthen the purpose of the act, where there are no phrases in confirmation of individuals who have data, this is different from Singapore, before data usage, Singapore confirmed the purpose of using the data against the owner of the data and there were strict sanctions and a special institution in supervising the use of personal data.
Responsibility For Public Road Parking Management For Vehicle Security and Safety in Makassar City Nurharsya Khaer Hanafie; Rafiqur Rahman; Firman Muin; Mustaring Mustaring
Indonesian Journal of Law and Policy Studies Vol 3, No 2 (2022): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v3i2.6326

Abstract

This study aims to determine the form of responsibility of PD Parking Makassar Raya in the event of a vehicle loss at a public roadside parking location in the city of Makassar and a description of the state of security of a public roadside parking location in the city of Makassar. To achieve this goal, the researcher used three data collection techniques, namely interviews, observation, and documentation. The data obtained were then processed through qualitative descriptive methods to clearly know how the form of responsibility of PD Parking Makassar Raya in managing public roadside parking in Makassar city and a description of the security situation of public roadside parking locations. The data used in this study are primary and secondary data. The results of this study indicate that PD Parking Makassar Raya is not responsible for the losses suffered by the vehicle owner. And the security of public roadside parking locations in Makassar city depends on CCTV cameras installed in shop buildings or buildings and the presence of parking attendants in the parking lot.  
The Support System Synergy on Working Productivity From The Perspective of Economic Sharia Law Farida Nurun Nazah; Saiful Bahri; Dwi Nur Fauziah Ahmad
Indonesian Journal of Law and Policy Studies Vol 3, No 2 (2022): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v3i2.7495

Abstract

This study discusses the synergy of support systems on work productivity from the perspective of Islamic economic law. Support system or work productivity support system, is not only interpreted by the quality of human resources, but the whole system that supports each other for the implementation of effective and efficient performance. The research method uses qualitative research that focuses on literature study, including collecting bibliographical sources and processing data or citing references. Support systems that support work productivity include: the quality of human resources, efforts to provide motivation, technological excellence, availability of funds, completeness of facilities, and also infrastructure. Indicators of work productivity will be achieved in the ability to form good work professionalism, increase the results achieved from targets, high morale, self-development in increasing maximum performance, as well as quality as an output of performance results and work efficiency. Work productivity in accordance with Islamic economic law standards is one that reflects Islamic principles and ethics, including: good and useful, diligent at work and able to respect time, doing the best or better, working hard and optimally, competing and helping honest, consistent, has a high sense of belonging to work, responsibility, and is able to grow stronger and more solid human relations.
Optimizing the Role of Regional House of Representatives in the Supervision Function of Regional Development (Case Study in Semarang City of Regional House of Representatives) Ilma Maulana Fitra Islamy; Pulung Brahmantyo; Muhammad Iqbal Baiquni
Indonesian Journal of Law and Policy Studies Vol 3, No 2 (2022): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v3i2.6730

Abstract

Based on Law no. 23 of 2014 in Article 42 paragraph 1 C provides a mandate that the Regional House of Representatives (DPRD) supervises Regional Regulations, Regional Head Decrees, Regional Government policy packages, and the implementation of APBD in regional development plans, as well as international cooperation in the regions in the context of actualization. DPRD function. The function of the DPRD is very vital in evaluating the implementation of development in the region by supervising each stage starting from the planning stage, the ratification stage, the implementation stage, to the accountability stage by the Regional Government. In addition, the supervisory function of the DPRD can minimize fraudulent actions by the Regional Government to avoid being hampered or stalled by regional development. empirical juridical method, which is an approach that examines secondary data first and then continues by conducting primary data research in the field. The results of this study are the implementation of the supervisory function is very important, the DPRD must optimize its supervisory function by minimizing obstacles such as technical constraints, constraints on the interests of the parties, infrastructure constraints, and even the lack of community participation in order to create a good supervisory function for the sake of support regional development.
Asean's Role in The Settlement of International Disputes on China's Aggressation Against Taiwan Ega Permatadani; Ida Ayu Rosida; Rifda Ayu Akmaliya; Sonia Amelia; Anang Dony Irawan
Indonesian Journal of Law and Policy Studies Vol 3, No 2 (2022): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v3i2.7145

Abstract

ASEAN is a country located in the Asia Pacific region. ASEAN itself is declared in Bangkok and has 10 Member States. ASEAN's location is very strategic as a way of trade and industry in the ASIA region. If there is a conflict that occurs in the ASIA Region, the ASEAN countries will also be affected by the conflict. Like the conflict that is happening in East Asia, namely the conflict between China and Taiwan. China itself is a major power country on the continent of Asia. Because as a major power country, it must have a strong territory and trade, China itself uses its existence to cooperate in good international trade. However, Taiwan, whose position is as a territory of mainland China, has even declared its independence, even thoughTaiwan is an integral part of China. This sparked anger from China, and became acivil conflict. China itself carried out its aggression against its own brother, namely Taiwan. Military aggression carried out by China against Taiwan has violated war crimes in accordance with the core provisions of international crimes, namely the Rome Statute. The violations that occurred are in Articles 5 and 8 of the 1998 Rome Statute. China has been intimidating and depriving Taiwanese civilians of their human rights. Where here China is the main perpetrator of war crime violations. Actions taken by China have become an important focus for other ASEAN countries, where the importance of ASEAN's role in resolving this dispute is based on the TAC and United Nation mechanism.

Page 4 of 5 | Total Record : 41

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