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Malvin Malvin; Hartanto Hartanto; Budiman, Anwar

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

Criminal acts of assault against children constitute a serious violation of human rights that requires optimal legal protection by the state. As legal subjects, children are entitled to security, protection from violence, and guarantees for proper growth and development, as mandated by Pancasila, the 1945 Constitution of the Republic of Indonesia, and relevant child protection legislation. This study aims to conduct a juridical analysis of the legal considerations applied by judges in Decision Number 83/Pid.Sus/2020/PN.Kot concerning the criminal offense of assault committed against a child, as well as to assess their conformity with criminal law principles, child protection law, and the objectives of sentencing. This research employs a normative legal research method using statutory, conceptual, and case approaches, supported by primary, secondary, and tertiary legal materials. The findings reveal that although the legal basis applied refers to Law Number 35 of 2014 on Child Protection, the judicial considerations have not been comprehensively formulated, as they insufficiently incorporate sociological, criminological, and child-centered protection perspectives. Consequently, the sentence imposed is relatively lenient and fails to fully reflect the objectives of punishment, particularly deterrence and sustainable protection for child victims. Therefore, strengthening the quality of judicial reasoning and ensuring the optimal application of relevant legal provisions are essential to achieve legal certainty, justice, and effective protection for children as victims of violent crimes.

Arief Fahmi Lubis

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This article examines the complex interactions between the military and civil society in regions affected by conflict, approached from a sociological-legal perspective. The study seeks to understand how military power influences civil society, the ways in which legal and social legitimacy are established, and how local communities respond to military presence and control. Employing a qualitative case-study methodology, the research utilized in-depth interviews with community members and military personnel, extensive field observations, and detailed analysis of relevant legal documents. The findings reveal that military power structures significantly impact civil rights, security, and social dynamics, with interactions ranging from cooperative engagement to open conflict. Furthermore, the legitimacy of military actions is closely linked to factors such as operational performance, transparency, accountability, and social acceptance by local populations. Based on these insights, the article argues for the importance of improving communication channels between military forces and communities, integrating formal legal frameworks with local norms and practices, and actively involving community members in security and governance programs. These measures are proposed as strategies to enhance the legitimacy of military operations, reduce conflict, and promote long-term social stability. The study contributes to the broader understanding of civil-military relations by highlighting the sociological and legal dimensions of military influence in conflict-affected areas.

Alex Suhartanto; Weppy Susetiyo; M. Taufan Perdana Putra

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This study examines the juridical aspects of guardianship applications by parents to obtain permission to sell a minor’s inherited land and analyzes the judicial considerations in Decision Number 199/Pdt.P/2025/PN Blt. The research employs an empirical juridical method with a sociological legal approach. Primary data were collected through interviews and case documents at the Blitar District Court, while secondary data consist of statutes, doctrine, and related literature. Qualitative-descriptive analysis was applied to interpret the findings. The study reveals that the guardianship application process involves both administrative and judicial stages. Judges scrutinize material evidence and the probity of sale objectives, weighing important principles such as utility, legal certainty, fairness, and justice. Guardians are granted limited authority to sell a minor’s property only if it can be proven to be in the child's best interest and legal protections are assured. Recommendations include strengthening post-decision monitoring, enhancing legal outreach, improving procedural transparency, and ensuring comprehensive implementation.

Lia Rahmawani Dalimunthe; Indra Afrita; Robert Libra

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

In article 157A of Law Number 6 of 2023 that in the process of termination of employment, employers and permanent workers must carry out their respective obligations, employers can carry out suspension actions and still pay wages and other rights, but in reality employers rarely apply article 157A. The purpose of the research is to analyze the Implementation, Obstacles and Efforts on Workers' Rights in Wage Payment During the Termination of Employment Process at Palm Oil Company in Siak Regency. This type of research is Sociological legal research. In this research, three approaches are used, namely the legislative approach and the data source case approach using primary data and secondary data. The data collection technique used is primary data through interviews and questionnaires. The conclusion of this study is the legal protection of workers' rights during the termination of employment by the company through the settlement of industrial relations disputes in which there are various interpretations regarding the wage process. Article 157A of Law Number 6 of 2023 states that the responsibility of employers and workers remains valid until the industrial relations dispute settlement agency makes a decision. The implementation in the process of termination of employment is that workers are no longer allowed to work by the company but do not carry out suspension actions, but there are many companies that do not carry out things regulated by law. With the existence of multi-interpretation regulations on wages, the process provides uncertainty for workers, as well as in the interim decision submitted by the worker/plaintiff which is rejected by the judge which is clear that the worker can prove that the employer does not carry out his obligations as it should.

Anselina Florence Felicia Dado; Rudepel Petrus Leo; Deddy R. CH. Manafe

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This study aims to analyze the factors causing the differences in legal treatment and their implications on the principles of equality before the law, legal certainty, and the principle of legality. The method used is empirical legal research with a juridical-sociological approach. This study involves case studies, interviews with law enforcement officers and victim advocates, as well as an analysis of regulations and court decisions. The results indicate that the differences in legal treatment are caused by the application of subjective detention requirements in the Criminal Procedure Code (KUHAP), law enforcement discretion, differing legal interpretations between prosecutors and judges, the quality of legal assistance for defendants, and social pressures and societal dynamics. The impact of these differences is the failure to achieve substantive justice, weakening legal certainty, and declining public trust in the criminal justice system. This research has significant academic urgency as it contributes to the development of the enforcement of laws regarding Human Trafficking (TPPO), emphasizing the need for consistency, transparency, and the protection of victims' rights in the application of criminal law.

I Gde Sandy Satria

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

The application of a uniform pattern in center-periphery relations is frequently entrapped in a rigidity of uniformity that neglects the sociological and historical complexities of Indonesian society. This study aims to analyze the juridical construction of asymmetric decentralization within the framework of the Pancasila Rule of Law, as well as its implications for the management of diversity and national integration. Employing a normative legal research method with conceptual and statutory approaches, this study reveals that asymmetric decentralization is not merely an administrative deviation, but rather an imperative manifestation of substantive justice and the politics of recognition towards regional particularities. Although this policy has been effective in mitigating disintegration potential in special regions such as Aceh and Papua, its implementation leaves residual issues regarding sharp disparities in authority, potential legal fragmentation, and inter-regional jealousy. This study concludes that the sustainability of special autonomy necessitates a governance reconstruction that is not solely oriented towards temporary political accommodation, but must be coherently integrated with Pancasila values. The theoretical implications of this study underscore the necessity for harmonization between national legal supremacy and the flexibility of regional autonomy to foster sustainable social cohesion within the Unitary State of the Republic of Indonesia.

Rusdin Rusdin; Abd. Rauf Muhammad Amin; St. Halimang

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This research is motivated by the importance of understanding the niqab (face veil) as a religious symbol and an identity marker for Muslim women, which continues to spark public debate in Indonesia. The niqab is often viewed from various perspectives—religious, cultural, social, and political—making it a controversial topic. These differing viewpoints highlight the need for a deeper exploration of the meaning and practice of wearing the niqab, especially within Islamic higher education institutions. The study aims to examine both the normative and sociological aspects of niqab use among female students at Ma’had Al-Birr, Muhammadiyah University (Unismuh) Makassar. This institution is known for having a significant number of students who wear the niqab, each with different backgrounds and motivations, ranging from theological beliefs to personal convictions and environmental influences. The research employs a descriptive qualitative method with a field-based approach. It combines normative Islamic theological perspectives with sociological analysis, using data collection techniques such as observation, in-depth interviews, and documentation. The findings reveal that students perceive the niqab not merely as a religious obligation to cover one's aurat (parts of the body that should be concealed), but also as a symbol of piety, honor, obedience, and personal ijtihad (independent reasoning) in practicing Islamic teachings. An inclusive campus environment supports these students in engaging freely in both academic and social activities. However, challenges still arise, particularly in the form of stereotypes and perceptions of exclusivity that some individuals associate with niqab wearers. These misconceptions underscore the importance of cross-perspective understanding in addressing this phenomenon. This study is expected to contribute to the development of campus policies that support freedom of expression, uphold mutual respect, and promote a more inclusive, open, and tolerant atmosphere within Islamic higher education institutions—one that embraces the diversity of religious practices and encourages respectful coexistence.

Sekha Anggita Maulidina; Dedi Mulyadi; Aji Mulyana

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The policy of mandatory relocation in post-disaster areas, particularly in Cianjur's red zones, plays a crucial role in mitigating risks associated with earthquakes and other natural disasters. This study analyzes the implementation of this policy from the perspective of local government tasks and functions, focusing on the coordination of various stakeholders, legal frameworks, and community involvement. The research uses a qualitative approach, combining legal-normative and sociological perspectives to explore the challenges and conflicts faced during the relocation process. Findings indicate that while the policy has been crucial in safeguarding public safety, its implementation has faced significant challenges such as budget constraints, community resistance, and logistical issues. The study highlights the importance of improving collaboration among local authorities, security agencies, and affected communities. The findings also suggest the need for a more transparent and inclusive approach to policy implementation, ensuring the protection of displaced populations' rights.

Rendifa Basita Sembiring

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study discusses the increase in the number of inmates related to the crime of drug abuse and/or illicit trafficking which resulted in overcrowding in the Class IIB Siborongborong Prison. In this regard, it specifically discusses the factors causing the increase in the number of inmates related to the crime of drug abuse and/or illicit trafficking in the Class IIB Siborongborong Prison, the impact of overcrowding in the Class IIB Siborongborong Prison due to the increase in the number of inmates related to the crime of drug abuse and/or illicit trafficking, and solutions to overcome drug abuse and/or illicit trafficking so that overcrowding does not occur in the Class IIB Siborongborong Prison. This research is a holistic normative research, prescriptive analytical in nature, using normative methods, referring to legal norms contained in legislation. Data used as research supplements. This research uses the type of legislative regulatory approach, conceptual approach, and philosophical approach. Deductive qualitative analysis using Classical Economic Theory and Sociological Subcultural Pressure Theory, Legal Effectiveness Theory, and Benefit Theory as analytical tools.  The results of the study concluded that there were 3 (three) factors causing the increase in the number of inmates related to the crime of drug abuse and/or illicit trafficking in Class IIB Siborongborong Prison. There were 2 (two) impacts of overcrowding in Class IIB Siborongborong Prison due to the increase in the number of inmates related to the crime of drug abuse and/or illicit trafficking. There were 7 (seven) solutions to overcome drug abuse and/or illicit trafficking so that overcrowding would not occur in Class IIB Siborongborong Prison.

Gusdiawan Gusdiawan; Mardalena Hanifah; Dasrol Dasrol

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This research examines a case of marriage annulment filed at the Pekanbaru Religious Court, where the plaintiff, a Marriage Registrar, received a complaint from a legal wife who did not consent to her husband's marriage to another woman. The plaintiff questioned whether the annulment request had exceeded the expiration period. The study aims to (1) understand the legal consequences of filing for annulment after the legal deadline based on Marriage Law Number 1 of 1974 and Decision Number 1/Pdt.G/2021/PA.Pbr, and (2) explore the relevance of utility theory in the court’s reasoning. This is a sociological legal study using interviews and literature reviews, supported by primary, secondary, and tertiary data. The analysis uses a qualitative descriptive approach with deductive reasoning. The results show that the court granted the annulment despite the expiration, based on the discovery of an invalid guardian and procedural flaws. A verstek (default) decision was made as both defendants were absent at the first hearing. The court's decision reflects the balance of legal certainty, justice, and utility. The legal consequences include the termination of the marriage, the recognition of the child as legitimate, and the absence of shared property division.

Anggelina Ikun Sally; Reny Rebeka Masu; Orpa Ganefo Manuain

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Most people do not know the legal basis for resolving traffic accidents that result in death through restorative justice (peaceful, family). Such a wrong public perception will cause great harm to the government's efforts to develop in the legal field, among other things, it can raise confusing questions. This study is a contribution of researchers' thoughts to participate in solving one of the legal problems that have long occurred in society. The research used is juridical-sociological or empirical research with a legal research approach. This research is an in-depth interview. The data collected are verbal and nonverbal. The conversation is recorded in a notebook or recorded with a tape recorder. The data is processed, analyzed and interpreted in a juridical-descriptive manner to explain or describe the data obtained by providing a logical interpretation and confirmed by the opinions of experts. The results of the study indicate that the causal factors or reasons for peaceful resolution or restorative justice of traffic accident cases resulting in fatalities at the Kupang City Police Resort are public legal awareness, public tendency to prioritize peace and family, and police discretionary authority. The practice of restorative justice resolution of traffic accident cases resulting in fatalities is carried out through the stages of the Approach Stage, Mediation Stage, Agreement Making Stage, Agreement Implementation Stage, and Completion and Case Closed Management.

Zainal Abidin; Kuswardani Kuswardani

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The health services that will be provided must go through stages of approval from the patient verbally or in writing, so as not to violate the patient's rights as consumers of services and is one of the obligations of the health worker himself. This research aims to determine the implementation of informed consent in health services provided by physiotherapy students during field work practice in health institutions. This research also uses a sociological juridical method, which is the result of drawing conclusions as a result of connecting cause and effect variables in accordance with social science design. From the results of this research, it was found that physiotherapy students at Widya Husada University, Semarang, during field work practice in health institutions, always gave informed consent to patients before providing health services, either verbally or in writing. Students cannot yet be called full-fledged health workers, but when students practice field work in health institutions and provide health services to patients, they are required to provide informed consent to the patient first as a form of approval for the patient's actions.