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Intellectual Law Review (ILRE)
Published by Yayasan Studi Cendekia Indonesia
ISSN : 29879116     EISSN : 29876338     DOI : https://doi.org/10.59108/ilre.v1i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Intellectual Law Review (ILRE) is an open access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research in multiple governance policies and civil rights law, particularly in developing and emerging countries. These may include but are not limited to various fields such as: civil law, criminal law, constitutional and administrative law, customary institution law, religious jurisprudence law, international regime law, legal pluralism governance, and another section related to contemporary issues in legal scholarship
Arjuna Subject : Ilmu Sosial - Hukum
Articles 15 Documents
 1   2 
Analisis Peredaran Rokok Illegal Di Wilayah Kabupaten Cianjur Cecep Wiharma; M. Rendi Aridhayandi; Ismail Muhammad
Intellectual Law Review (ILRE) Vol 1 No 1 (2023): 30 April2023
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59108/ilre.v1i1.2

Abstract

Illegal cigarettes are increasingly circulating in the community, the cheaper price is certainly a driving factor for the increasingly active smuggling of illegal cigarettes. The public welcomes the existence of illegal cigarettes, because for consumers today is a declining economy. Identification of the problem in the study of how the impact of the widespread circulation of illegal cigarettes in Cianjur Regency, this research method uses Juridical Normative Law, a descriptive approach that can be used to understand the problems raised by researchers related to the Criminal Case of Illegal Cigarette Circulation. The researcher uses a descriptive type of researcher with a juridical normative approach. The results of the research on the impact of the circulation of illegal cigarettes without excise, the state suffered high losses. With the circulation of cigarettes without excise, the state suffered losses of tens of billions and even trillions of rupiah. The Cianjur District Police and Satpol PP conducted raid operations on markets and found hundreds of packs of illegal cigarettes. Some time ago together with Satpol PP held raids on illegal cigarettes, it turned out that they were found in several stalls or kiosks of traders, after socialization with sources directly from Customs and Excise residents.
Jual-Beli Narkotika Dikaitkan Dengan Hukum Islam Akbar Sanjaya
Intellectual Law Review (ILRE) Vol 1 No 1 (2023): 30 April2023
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59108/ilre.v1i1.3

Abstract

Narcotics are substances or drugs that can cause changes in consciousness, loss of pain, and addiction. The potential dangers of narcotics have led to the enactment of Law No. 35 of 2009 concerning Narcotics. Narcotics come in various forms such as pills, powders, plants, and liquids, although not all narcotics are in liquid form. This study aims to analyze the view of Islamic Criminal Law regarding the trade of narcotics. The study uses a normative legal research method by using secondary data, namely legislation, books, journals, and other secondary data related to the object of research and analyzed qualitatively. The results show that the sale and purchase of goods, or ma’kud ‘alaih (object), require that the object of the sale and purchase must be pure and beneficial, which means that the object of the sale and purchase must be lawful and beneficial for the body and soul of the buyer. Narcotics are substances that can eliminate consciousness and reason of a person, and are included in the category of Khamr that is prohibited in Islam.
Organisasi Kerja Sama Islam Menurut Perspektif Hukum Internasional: Sikap Dan Kontribusi Dalam Dua Dekade Terakhir Firdaus Muhamad Iqbal
Intellectual Law Review (ILRE) Vol 1 No 1 (2023): 30 April2023
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59108/ilre.v1i1.4

Abstract

The Organization of Islamic Cooperation (OIC) was founded in 1969 through the Islamic Summit in Rabat as a response to the burning of the Al-Aqsa Mosque in Jerusalem and consists of 57 member countries. The aim of this research is to provide additional information about the OIC as a subject of international law, the main tasks and functions of the OIC, as well as the outlook and contributions of the OIC in the last two decades. This study employs a normative-juridical method with literature studies and a historical approach. The results of this study analyze three things: first, the historical background of the birth and development of the OIC. Second, the OIC as a subject of international law has personality rights and obligations according to international law. Third, outlook and contributions of the OIC have been shaped by holding two major meetings, namely the Extraordinary Summit and the Islamic Summit for the past two decades and producing legal instruments, namely resolutions and declarations which are sources of international law and become tools in solving a problem.
Implementasi Pelaksanaan Validasi Berkas Balik Nama Sertipikat Secara Digital Aan Aswari; Andi Rezki Amalia
Intellectual Law Review (ILRE) Vol 1 No 1 (2023): 30 April2023
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59108/ilre.v1i1.5

Abstract

This study aims to determine the implementation of digital certificate file validation and to find out the obstacles in implementing digital transfer file validation. This type of research is a descriptive empirical research. Using a qualitative legal research approach. Based on the results of research and discussion, it is concluded that the implementation of digital transfer of file validation is a policy taken by the Head of the Makassar City Land Office who sees from the current situation that it requires to continue to carry out services to the community. There is no change in the transfer of land rights before and after online, in terms of the files needed to carry out the management of the certificate name transfer. Only before delivering it to the Land Office, all the completeness of the file must first be inputted from the PPAT office. As well as various obstacles that arise in the Implementation of Digital Certificate File Transfer Validation, namely internal barriers consisting of insufficient human resources (HR), the absence of definite legal provisions governing digital validation of transfer files and inadequate facilitation in Makassar City Land Office as well as external obstacles consisting of many heirs who live far apart, incomplete files and unclear files scanned by PPAT/Notary.
Implementasi Pendekatan Restoratif dalam Penyelesaian Sengketa Medis Perspektif Manfaat Hukum Putu Dian Ekawati; Dey Ravena; Tono Hadi Susiarno
Intellectual Law Review (ILRE) Vol 1 No 1 (2023): 30 April2023
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59108/ilre.v1i1.23

Abstract

The doctor-patient relationship is a therapeutic transaction in which agreements are made based on best efforts to heal the patient. This relationship is called the inspaning verb tenis, and although it is not obvious from the result, it puts more emphasis on the effort made. The intention to help a patient to cure an illness may not always work, and may even lead to patient disability or death as a result of medical intervention, leading to medical disputes, disputes between patients and physicians, and criminal proceedings. This research is legal research using only secondary data such as literature research and library materials, that is, research using a prescriptive legal approach. The paradigm of restorative justice legal approaches should be used in resolving medical disputes. This is the value of justice and happiness, or the elements of sanctions and how to deal with them. Restorative justice policies, as provided for in the 1945 Constitution, are more beneficial, dignified and socially just for all parties, both victims and society and the state, compared to litigation settlement. We provide comprehensive problem-solving solutions.
Legal and Ethical Protection in Drug Distribution: Examining Health Efforts and Drug Supervision in Indonesia Bobby Irawan; Ratna Januarita; Sri Ratna Suminar
Intellectual Law Review (ILRE) Vol 1 No 2 (2023): Oktober
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59108/ilre.v1i2.40

Abstract

The National Agency of Drug and Food Control (BPOM) has regulations regarding the Good Drug Distribution Method (CDOB), which is a guideline for distributing drugs properly. Community Health Centres (Puskesmas) are one of the legitimate institutions in distributing antibiotics. However, there is misuse of antibiotic distribution from community health centres to unofficial channels. This research uses normative juridical method by using secondary data from literature study and interviews with resource persons at the community health centre. The purpose of this study is to analyse the legal protection for drug users and consumers as well as the effectiveness of the legal responsibility of pharmaceutical facilities in overcoming pharmacist malpractice. The results show that legal protection for drug users is inadequate and the legal responsibility of pharmaceutical facilities is not yet effective in overcoming pharmacist malpractice, due to the lack of regulations governing pharmacist practices and firm handling of malpractice.
Legal Protection in Medical Disputes for Doctors in Relation to The Principle of Lex Specialist Lukluk Zamrotul Damayanti; Toto Tohir Suriaatmadja; Alma Lucyati
Intellectual Law Review (ILRE) Vol 1 No 2 (2023): Oktober
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59108/ilre.v1i2.48

Abstract

Health is one of the constitutional rights protected by law. The importance of health in everyday life makes many people hope to get a cure when they see a doctor. Patient expectations that differ from the results obtained sometimes lead to medical disputes. Conflicts that occur between doctors and patients if they cannot be resolved by mediation usually the patient or the patient's family will report to the authorities. Some law enforcers, in this case the police, still use the Criminal Code or Civil Code as the basis for charges without looking at other more specialised laws such as the Medical Practices Act (UUPK). The purpose of this thesis is to find out the procedures for legal protection for doctors in medical disputes and also to find out the application of the Lex Specialist principle of Article 79 letter (C) of the GCPL in relation to the lex generalis principle of the Civil Code in resolving medical disputes for doctors. This research uses a normative juridical approach and is analytically descriptive. From the results of this study, it can be concluded by the author that doctors will get legal protection in medical disputes if they have fulfilled administrative obligations, namely having STR and SIP as a condition for practicing medicine and performing actions according to SOPs, Professional Standards and conducting inform consent completely and clearly and filling out medical records in accordance with the actions performed.
Life Insurance Protection for High-Risk Occupations for State Civil Apparatus Muhamad Budi Mulyadi; Hesti Dwi Astuti; Yuliana Salwa Sukarman
Intellectual Law Review (ILRE) Vol 1 No 2 (2023): Oktober
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59108/ilre.v1i2.53

Abstract

The government has an obligation to provide Work Accident Insurance (JKK) and Death Insurance (JKM) protection to the State Civil Apparatus (ASN). This aims to improve the welfare of ASN, in addition to providing life insurance protection for high-risk jobs for ASN. The research method used is normative juridical, which is to study and examine legal principles, especially positive legal principles derived from existing literature materials from laws and regulations. The results showed that the excellent services provided by the police to the community include security maintenance, protection, protection, and law enforcement, in accordance with Article 13 of Law Number 2 of 2002 concerning the Indonesian National Police. Police work in Indonesia carries risks and workloads that can cause stress, with stressors including excessive workload, time pressure, poor quality executives, unfavourable political climate, inadequate authority, prolonged conflict, differences in task values between leaders and subordinates, and unusual organisational changes. In addition, the results of the study state that PT ASABRI (Persero) is a State-Owned Enterprise responsible for managing social insurance programs for TNI Soldiers, members of the National Police, and State Civil Apparatus Employees (ASN) within the Ministry of Defence and the National Police, in accordance with Government Regulation Number 102 of 2015 concerning Social Insurance for Soldiers of the Indonesian National Army, Members of the Indonesian National Police, and State Civil Apparatus Employees within the Ministry of Defence and the National Police of the Republic of Indonesia.
The Dynamics of Constitutional Court Decisions on Open Proportional, Closed Proportional, And Limited Open Proportional Electoral Systems Dedi Mulyadi; Leny Megawati
Intellectual Law Review (ILRE) Vol 1 No 2 (2023): Oktober
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59108/ilre.v1i2.55

Abstract

This research discusses the electoral system as a way to regulate citizen participation in electing legislative and executive members. According to the Constitutional Court of the Republic of Indonesia's (MK-RI) decision on Law No. 7/2017 on Elections made on 15 June 2023, the open proportional electoral system will still be applied in 2024. Legal experts gave their opinions on open proportional, closed proportional, and limited proportional systems during the MK's decision-making process. This research uses a normative juridical method by identifying issues related to the background of the judicial review petition, alternative electoral systems, and judges' considerations of the Constitutional Court's decision on the electoral system. It is expected that the results of this research will show that the Constitutional Court's decision on the electoral system will show the advantages and disadvantages of open and closed proportional systems, which reflect the relationship between the democratic aspirations of the Indonesian people and other democratic aspirations.
Badik in Logic and Legal Meaning Ayyub Kadriah; Dadang Sumarna
Intellectual Law Review (ILRE) Vol 1 No 2 (2023): Oktober
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59108/ilre.v1i2.57

Abstract

The badik, the traditional weapon of the Bugis and Makassarese, is not just a physical tool, but a symbol rich with social and cultural meaning. The function of the badik goes beyond its role as a defence tool; it is a 'text' in the Bugis and Makassarese cultural sign system that mediates social and legal relations. Social status, valour, or certain obligations in society can be signalled by the type of badik one possesses. The badik also carries important cultural values such as siri' the concept of shame or self-respect and ati macinnong meaning a clear heart, which govern its use in contexts such as fighting, traditional ceremonies, or conflict resolution. In addition, the use of the badik should be based on logical reasoning to avoid further misuse or damage. The analysis of the badik therefore focuses not only on its physical aspects but also involves an in-depth understanding of its legal norms as well as its symbolic and anthropological meanings.

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