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Anindita Putri; Dinda Arini Persodo; Shafa Anjani Heri Nordi; Keysa Farhah Azizah; Widya Ayu Kemalasari +2 more

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

The protection of victims of sexual violence in Indonesia's national legal system is representative of the state's commitment to uphold human dignity, as mandated by the constitution. The constitutional basis for this protection is stated in the 1945 Constitution of the Republic of Indonesia, especially Article 28G paragraph (1), which states that everyone has the right to protection of privacy, honor, dignity, and freedom from treatment that degrades human values. Currently, sexual violence can occur anywhere, especially in the scope of education. The impact of sexual violence causes a lot of harm to its victims, from the impact on the victim's psychology to the physical impact. The purpose of the research is related to the effectiveness of law enforcement or the operation of the law and the background of the law. Whether a legal protection can protect the rights of victims of sexual violence, and provide proper protection that must be obtained for victims of sexual violence. This research uses emprical research methods and a case approach which is used to analyze the handling of cases of “Sexual Violence and Forced Abortion” as a real form of legal application. With the existence of legal protection for victims of sexual violence provided by the state, it does not guarantee victims get the promised justice. Social stigma is one that can exacerbate the suffering of victims, making them isolated and reluctant to seek help. Society often tends to blame the victim, creating an unsupportive and even demeaning environment. Therefore, it is important to address social stigma in the context of sexual violence to impact the well-being of the individual as well as society as a whole.

Lia Mastaria Duda; Roslan Ishak; Roy Marthen Moonti

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The protection of human rights is a fundamental element of Indonesian constitutional law. Although it has been constitutionally regulated through the 1945 Constitution and a number of laws, the implementation of human rights protection still faces various challenges, including discrimination, violence by the authorities, and inconsistency in legal politics. This study aims to analyze the effectiveness of the constitutional law system in ensuring human rights protection as well as the role of state institutions such as Komnas HAM, the legislature, the executive, and the judiciary. The results show that human rights protection has not been optimal due to weak coordination, lack of accountability, and lack of support for independent institutions. The conclusion emphasizes the importance of legal reform, institutional strengthening, and harmonization between national law and international human rights standards. Suggestions include improving human rights education, empowering civil society, and consistent law enforcement to create a democratic and just rule of law.

Taufik Taufik; Khairunnas Rajab; Khairunnas Jamal; Almi Jera; Tohirin Tohirin

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

According to BPS data, in 2024, the poverty rate in Siak Regency reached 5.08% of a total population of 487.67 thousand. Family poverty is a major challenge in Indone-sia’s social development. As the official institution managing zakat, BAZNAS plays a strategic role in alleviating poverty. However, the current zakat regulations do not ful-ly support a family-based approach to zakat distribution. This study aims to formu-late a legislative reconstruction model for BAZNAS based on the Maqasid Syariah, ensuring that zakat distribution is more equitable, effective, and has a systemic impact on the welfare of poor families. Employing a qualitative normative approach and Maqasid Syariah theory, the study finds that the restructuring of BAZNAS regula-tions should emphasize the dimensions of protection for religion (din), soul (nafs), intellect ('aql), lineage (nasl), and wealth (mal), with the family as the fundamental unit of society. Family poverty is not merely a matter of economic incapacity; it also encompasses the failure to meet basic needs related to education, health, and social protection. Religious institutions like BAZNAS possess a constitutional and reli-gious mandate to manage zakat professionally. However, the current management and legislation of zakat have not been holistically oriented towards the sustainable empowerment of poor families. Within the framework of Maqasid Syariah, zakat is not only an obligatory act of worship but also a socio-economic instrument designed to safeguard five essential components: religion, soul, intellect, lineage, and wealth. Therefore, it is imperative to reconstruct zakat regulations in a manner that is attuned to contemporary needs and capable of addressing the challenges of family-based poverty.

Anggelica Regina Simamora; Audy Luvena Junaedi; Alfiya Hasanah Ruhiyat; Claudia Larisa Sihaloho; Chelsea Merrysha Khana Gultom +4 more

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The conflict involving Armed Criminal Groups (KKB) in Papua presents a serious dilemma between law enforcement and the protection of human rights. On one hand, KKB’s actions—such as attacks on civilians and security personnel—are classified as gross human rights violations, posing threats to national security and obstructing regional development. On the other hand, law enforcement efforts by state authorities are often criticized for alleged human rights abuses, especially in military operations that may involve excessive use of force. This study aims to analyze the conflict from both legal and human rights perspectives using a normative juridical approach. The analysis is based on relevant legal frameworks, including the 1945 Constitution of the Republic of Indonesia and Law Number 39 of 1999 concerning Human Rights. The article proposes strategic measures to achieve a balanced resolution, such as inclusive dialogue with Papuan communities, human rights-based training for security forces, independent oversight of security operations, and adherence to humanitarian principles. These approaches are expected to foster stability and peace while ensuring the protection of human rights. Ultimately, this study emphasizes that the resolution of the Papua conflict must not rely solely on repressive measures but must also prioritize justice, humanity, and long-term sustainability.

Neti Saekoko; Harun Y. Natonis

International Journal of Religious Education and Philosophy 2025 International Forum of Researchers and Lecturers

Indonersia's national erducation underrscorers ther significancer of characterr erducation rooterd in Pancasila and ther 1945 Constitution, prioritizing ther derverlopmernt of morally upright and intergrity-oriernterd perrsons.  This articler erxaminers ther erfficacy of cooperrativer lerarning in Christian Rerligious ERducation (CRER) as a merthod for fosterring characterr derverlopmernt in pupils.  A qualitativer merthodology and literraturer rervierw werrer ermployerd to collerct and asserss perrtinernt information.  Ther rerserarch findings dermonstrater that cooperrativer lerarning erfferctiverly ernhancers studernts' interrerst, motivation, and comprerhernsion of CRER materrial.  Studernts participater in derbaters and partnerrships, promoting ther cultivation of social skills and moral principlers, including lover and rersponsibility.  Nonertherlerss, obstaclers in erxercuting cooperrativer lerarning werrer also rercognizerd, including disparitiers in studernts' capabilitiers and unervern group dynamics.  Proficiernt managermernt by erducators is crucial to tackler therser issuers and guaranterer ther erfficacy of ther lerarning procerss.  This rerserarch concluders that ther implermerntation of characterr erducation via CRER and cooperrativer lerarning sererks to ernhancer acadermic perrformancer whiler also cultivating perrsons erquipperd to confront future moral and social difficulties.  Consequently, character education fosters the development of a harmonious and equitable society, while also cultivating a generation of adolescents with virtuous character.

Rohman Rohman

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The inconsistency in case rulings and its impact on the principles of separation of powers and the quality of democracy in Indonesia. The case challenges the age limit for presidential and vice-presidential candidates, with the Constitutional Court acknowledging the legal standing of the petitioner despite discrepancies in the outcomes of similar cases. The implications of adding norms in such rulings also raise questions about the legitimacy of Constitutional Court decisions in the political context. This study employs qualitative methods, leading to the conclusion that the decision results in controversy among the public, causing them to lose trust in the constitutional court due to autocratic rulings benefiting political elite. Keywords: Constitutional Court, Democracy.

Sumarni Rusdi

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

This study aims to determine whether or not the fifth Amendment of the 1945 Constitution as the written Constitution of the State of Indonesia which has become a mecca in formulating laws and regulations for more than the last twenty-five years is still able to meet the demands of the dynamics of the current administration or whether radical changes need to be made by changing the main mecca. Along with the current government and a few years ago. The executive and legislative parties even managed to form several legal products that were eventually criticized and rejected by the public. Therefore, it is necessary to limit the power in the field of legislation that must be given to the party whose authority it is. Based on the theory of limiting the President's power, he is the party that executes and implements the law. In Indonesia, the executive is involved in the process of forming legal products. Even the judiciary also acts as a legislator rather than a negative legislator. Efforts to maintain the position of independent commissions and emphasize regional elections so that we do not need to return to the old model. This research will discuss the ideas of change that should be urgent in the current Indonesian constitutional order, and be able to meet the needs of the future. The method used in this writing is Normative law. By conducting approaches to legislation, conceptual, historical approaches, comparisons and using qualitative analysis methods.

Ayu Safitri Azah Fadhila; Dwi Windyastuti Budi Hendrarti; Nuke Faridha Wardhani

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

This article discusses the judicial intervention that occurred in the 2024 Presidential and Vice Presidential Election in Indonesia, focusing on the Constitutional Court Decision No.90/PUU - XXI/2023. The study aims to analyze the impact of this decision on the political process, judicial ethics, and the quality of democracy in Indonesia. The method used is a qualitative approach with literature study. The findings indicate that judicial intervention can undermine the rule of law and public trust in the judiciary. There are also indications of a conflict of interest involving the Chief Justice of the Constitutional Court, which could violate democratic principles. Reforms in the oversight and selection of judges are proposed as steps to uphold constitutional integrity and strengthen democracy in Indonesia.

Claragista Intan Asriani; Asyam, Muhammad

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Indonesia as a country of law and democracy has a solid foundation in Pancasila and the 1945 Constitution of the Republic of Indonesia. The dynamics of law enforcement and democracy in Indonesia are inseparable from the influence of historical,socio-political, and cultural factors that shape the course of the national legal system. This study uses the literature review method to examine the results of related studies, which show that aw enforcement in Indonesia faces various challenges, ranging fro legal pluralis, structural injustice, to political influence and technological developments in the digital era. Indonesian democracy is rooted in the values of Pancasila which demand social justice, respect for human rights, unity, and deliberation. However, in enforcement is still often hampered by corruption, weak integrity of legal complexity in a multicultural society.

Agus Panahatan Panjaitan; Adi Putra Prajitna; Ade Nugroho; Agung Ramanto

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

The Child Protection Law affirms that the state guarantees children's rights to “protection from violence” as stipulated in the 1945 Constitution. This paper examines child abuse within the framework of Indonesian positive law using a normative approach and legal philosophy (positivism). The focus of the analysis is to what extent legal norms (such as the Child Protection Law, the Criminal Code, the Domestic Violence Law, etc.) align with the values of justice and children's human rights. A normative approach is used to analyze the laws and legal literature, while the philosophical approach, particularly the positivist ideas of Hans Kelsen and H.L.A. Hart, is employed to understand the relationship between legal norms and the concept of justice. The analysis reveals that although child protection regulations exist, their implementation on the ground tends to be legalistic, often neglecting humanitarian and justice elements. This study emphasizes the need for alignment between legal norms and substantive justice and the protection of children's human rights. The implication of this research is the need for a legal policy that is more responsive to children's rights and justice.

Tiara Oktavia Namira Daud; Erman I. Rahim; Suwitno Yutye Imran

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This article examines the shift in local government authority over mineral and coal mining management following the enactment of Law Number 23 of 2014 on Regional Government. The transfer of authority from regency/city governments to provincial and central governments has created normative disharmony between the Regional Government Law and the Mining Law, resulting in legal uncertainty at the implementation level. Using a normative juridical approach and Hans Kelsen’s theory of the hierarchy of norms, this article analyzes the legal validity of the transfer and identifies structural conflicts within the legal system. The findings indicate that the current regulation lacks both hierarchical consistency and functional clarity. Therefore, a reconstruction of the legal framework for mining governance is required to balance the principle of legality with the concept of regional autonomy. A model of limited delegation, sectoral regulatory harmonization, and the application of multilevel governance are proposed as key recommendations to ensure a fair, effective, and constitutional relationship between central and local governments.  

Veren Anggelina Maringka; Benny Djaja; M. Sudirman

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

The establishment of Indonesia's new capital city (IKN) in East Kalimantan is a major achievement in the nation's strategic plan. This enormous project poses significant legal issues concerning the constitutional land rights of Indigenous peoples who have been in the region for millennia. This study seeks to analyze the recognition and probable jeopardization of Indigenous communities' constitutional rights within the legal framework of the IKN project. The study employs a normative legal framework and examines regulations, including Law No. 3 of 2022 concerning the Capital City and pertinent Constitutional Court rulings on Indigenous rights, highlighting a disparity between formal legal acknowledgment and actual enforcement. Preliminary findings suggest minimal Indigenous involvement in planning and decision-making processes, coupled with escalating dangers of land confiscation. The study advocates for enhanced constitutional protections and the realization of land rights as a means of restorative justice and acknowledgment of Indigenous identity within the framework of national development.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Candra Wijaya; Muhammad Syafiq Mustofa; Salman Abdurrosyid

Jurnal Rumpun Ilmu Bahasa dan Pendidikan 2025 Asosiasi Periset Bahasa Sastra Indonesia

The Constitutional Court is a state institution that emerged from the amendments to the 1945 Constitution, as part of the efforts to strengthen the principles of the rule of law and constitutional democracy in Indonesia. This institution plays a crucial role in upholding legal regulations, ensuring proper checks, and balancing the power between institutions and the state. This research aims to examine the position, authority, and contributions of the Constitutional Court within Indonesia's governance system. A normative approach is generally used, along with analyses of laws, Constitutional Court decisions, and various related legal literature. The results of the study show that the Constitutional Court not only acts as the gatekeeper of the structure, but also as the sole translator of the structure, which has an important influence on the dynamics of relations between state institutions and the development of constitutional law in Indonesia. The Constitutional Court participates in the protection of citizens' rights, the improvement of the electoral system, and the upholding of the principles of democracy and real justice.

Muhammad Nasa’i Dwi Saputra; Aulia Siti Aminah

Jurnal Insan Pendidikan dan Sosial Humaniora 2025 International Forum of Researchers and Lecturers

This research examines the issue of interfaith marriage in the context of religious moderation in Indonesia. This research uses a qualitative method with a library research approach. Based on Dukcapil data from 2022, 34.6 million couples were recorded as "unregistered marriages" due to interfaith marriages. showing strong tension due to the presence of regulations and religious doctrines that tend to be exclusive. By comparing the perspectives of Islam, Catholicism, and Hinduism, it was found that there are differences in doctrinal limitations regarding interfaith marriage practices. This shows how complex the relationship is between social structures and religious teachings in marriage. Moreover, this research found that there is a contradiction between the dominant interpretation of marriage law based on religious beliefs and the constitutional right to form a family (Article 28B paragraph 1 of the 1945 Constitution). As a solution, the paradigm of religious moderation is offered. This paradigm emphasizes justice, love, and tolerance as the fundamental principles of inclusive marriage. This study suggests changes to the legal and theological framework to adapt to a multicultural society.

Naisyila Desnita Cahayani Saputra; Putri Agustin Sulistyowati; Fatimah Nur Azizah; Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Indonesia's digital economy is rapidly growing with the emergence of e-commerce, fintech, and blockchain technology that facilitate cross-border transactions. However, challenges such as technological access inequality, personal data exploitation, and multinational company dominance remain major concerns. Therefore, implementing Pancasila values in digital economy governance is crucial to ensuring social justice, consumer protection, and national competitiveness. Pancasila principles, such as moral-based business ethics, consumer rights protection, digital sovereignty, and participatory regulation, must be integrated into digital economic policies. Additionally, electronic commerce regulations based on international law should align with national interests to balance digital economic growth and constitutional rights protection. Thus, Pancasila-based digital economic policies can promote inclusivity, strengthen SMEs' competitiveness, and ensure the broader welfare of society.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Erlina Hendratama Putri; Najwa Mudya Prameswati; Sri Dewi Indah Dian Purnamasari

Jurnal Pendidikan dan Kewarganegara Indonesia 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

In this article, we discuss protection the rights of citizens in democratic countries from a constitutional point of view and human rights (HAM). The constitution, as the highest legal document of a country, contains the basic principles governing the relationship between the state and its citizens, including in terms of human rights protection. By analyzing the framework of Indonesian law, including the Constitution that was adopted in 1945 and various international human rights instruments. The constitution of Indonesia, especially in Article 28A-28J. However, the implementation of these rights still faces various complex challenges, including regulatory inconsistencies, social inequalities, as well as other political, economic and social factors. It is hoped that this article can make a positive contribution to strengthening the human rights protection system in Indonesia, so that the rights of citizens can be guaranteed and protected properly. Normative juridical research method applied in this article includes analysis of legal rules related to human rights protection, including constitutional laws, government regulations, a court decision. With the application of this research method, this article is expected to make a significant contribution to strengthening the human rights protection system in Indonesia, so that the rights of citizens are guaranteed and protected effectively.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Hanifah Nur Fatimah; Hana Safira Rahmadani; Qonitatun Nisa

Jurnal Motivasi Pendidikan dan Bahasa 2025 International Forum of Researchers and Lecturers

Populism, which often puts forward anti-ite rhetoric and claims as a representation of the people's voice, can have a significant impact on the state administration system. This article aims to understand the extent to which populism can change the structure of state administration and test the resilience of the Indonesian democratic system and constitution in facing the challenges of populism. The method used in the preparation of this article is qualitative methodology with a literature review approach from various academic sources such as books, journals, relevant scientific papers. The results of the study show that populism gives challenges and threats to the state system and has a negative impact on democracy and implications for the constitution. Populism is a challenge for the Indonesian constitutional democratic system by damaging the checks and balances mechanisms, politicizing the law and state institutions, and the risk of eroding the supremacy of the constitution.

Shinta Shavira; Syariah Syariah; Okti Nurvadila; Erdi Saputra

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2025 International Forum of Researchers and Lecturers

Citizens' rights and obligations are the main pillars in building a balanced and just national and state life. In the 1945 Constitution of the Republic of Indonesia, rights and obligations are strictly regulated to ensure the creation of order, welfare, and active participation of citizens in national development. However, in its implementation, there are still inequalities, especially the lack of public awareness of the implementation of obligations, such as obedience to the law, defending the country, and respecting the rights of others. This study aims to examine how the implementation of citizens' rights and obligations takes place and their impact on community, national, and state life. The method used is a literature review with a descriptive qualitative approach. The results of the study indicate that there is a need to strengthen civic education, increase exemplary behavior from the government, and enforce fair law in order to create a balance between rights and obligations according to the mandate of the 1945 Constitution. Collective awareness between the government and citizens is very necessary in order to achieve a democratic and civilized life order. 

Angga Prastyo Wibowo; Muhammad Zulfikar Amien

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The purpose of this research is to analyze the legal protection of the constitutional rights of communities affected by the C excavation mine in Sukolilo, especially the importance of protecting community rights and effective law enforcement so that people can avoid the negative impact of mining. So it is necessary to emphasize the importance of this research in providing recommendations for improving regulations or policies that protect communities in mining-affected areas. This research is descriptive research using a qualitative approach with a type of descriptive research aimed at solving problems in the present. This research will examine the constitutional rights of communities in the area of C excavation mining activities, in the Sukolilo area of Pati Regency. The data collection in this research is collected through literature study. This method aims to obtain a strong theoretical foundation and understand the development of relevant recent research, so that the analysis carried out can be more comprehensive and supported by credible scientific references. The formulation of the problems raised are: (1) How are the constitutional rights of people affected by C excavation mining activities in the Sukolilo area of Pati Regency, (2) How are the responsibilities of local governments and mining actors in providing legal protection and guaranteeing the constitutional rights of the Sukolilo community affected by C excavation mining. The results of this study indicate.

Novita Novita; Moh. Syuhada Ramdhani; Novi Andini

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research analyzes the Constitutional Court Decision Number 62/PPU-XXII/2024 regarding the constitutionality of the presidential threshold and its implications for the development of inclusive democracy in Indonesia. Using a juridical-normative and conceptual approach, this study examines the presidential threshold provisions as regulated in Article 222 of Law Number 7 of 2017 on General Elections from the perspective of inclusive democracy theory and electoral systems. The results show that the Constitutional Court affirmed the constitutionality of the presidential threshold as an open legal policy of the legislators, while also noting that lawmakers should reconsider the threshold percentage in future revisions of the Election Law. This research identifies a tension between two equally important democratic values: government effectiveness and political representation. On one hand, the presidential threshold can strengthen the presidential system by encouraging political party consolidation and creating more stable governance. On the other hand, this provision potentially limits political inclusivity by reducing the diversity of choices for voters and restricting opportunities for small or new political parties to nominate presidential and vice-presidential candidates independently. This study concludes that to realize a more inclusive democracy following the Constitutional Court Decision, further efforts are needed to reform the electoral system, strengthen political parties, enhance political education, and develop innovations in political participation.