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Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Nabella Indah Rismawati; Dewi Rahmawati Yundha Saputri; Arfian Nisa Urrofi'ah

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Customary law reform in Indonesia in the context of globalization raises significant challenges and opportunities. The values of Pancasila, as the ideological foundation of the nation, play an important role in ensuring that customary law reform remains relevant, fair and rooted in local culture. Globalization encourages the modernization and homogenization of the legal system, which often contradicts the principles of customary law based on local wisdom. This article examines how Pancasila values, such as humanity, social justice, unity, and deliberation, can be integrated in the process of customary law reform to remain relevant amid global dynamics. This research uses a qualitative approach with the methods of literature study, interviews, and document analysis. Literature study was conducted to understand the theoretical context of customary law reform and Pancasila values, while interviews were conducted with legal experts, academics, and traditional leaders to obtain empirical perspectives on challenges and opportunities in customary law reform. Document analysis was conducted on policies and regulations relating to customary law and the implementation of Pancasila values in Indonesia. The results show that customary law reform based on Pancasila has great potential to deliver a legal system that is more inclusive and responsive to the needs of local communities. Key challenges identified include difficulties in harmonizing customary law with national and international law and homogenizing pressures from global standards. However, opportunities are also found in the ability of updated customary law to provide more culturally and locally relevant dispute resolution alternatives. The integration of Pancasila values is believed to strengthen the position of customary law within national and global legal frameworks.ract

Hengki Mangiring Parulian Simarmata; Erikson Damanik; Erwin Sirait; Doris Yolanda Saragih

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The teaching campus program is one of the independent campus programs, an initiative from the Ministry of Education to improve the quality of education in schools throughout Indonesia. This article reviews the service carried out by Field Supervisor Lecturers with students from Nommensen University Pematangsiantar and Simalungun University who carried out service at Taman Siswa Private Middle School and Kartika Pematangsiantar Private Middle School in 2024. The main focus of this service is strengthening literacy and numeracy through creative and innovative approaches. This article discusses mentoring activities, evaluations, and challenges faced during the program. Based on monitoring results, this program increased student motivation in literacy and numeracy and fostered collaborative skills among students..

Akbar Syahru Rama; Murni Murni

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the concept and implications of nusyuz's actions in divorce cases in the Religious Courts. Nusyuz is defined as a wife's defiance of her obligations to her husband. Nusyuz is also often the basis for filing divorce lawsuits, especially divorce petitions for divorce by the husband. This study examines how nusyuz actions are taken into consideration by Religious Court judges in deciding divorce cases, as well as their impact on the wife's rights, such as those related to iddah liaving, mut'ah living, and child custody. By using normative juridical methods based on analysis of direct trials and court decisions, this research finds that nusyuz actions have significant legal consequences for wives, especially in terms of living and other rights after divorce. However, there are also variations in the judge's assessment of the evidence of nusyuz's actions, which has implications for the final outcome of the divorce case.

Murshal Senjaya

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The legal framework has significant potential to address cybercrime with the help of Artificial Intelligence (AI), which increases the efficiency of detecting, investigating and prosecuting increasingly sophisticated cybercriminals. This technology can perform big data analysis, pattern recognition and identification of suspicious behavior, but the legal framework needs to be updated to cover new crimes such as AI-based fraud and automated cyberattacks. The challenges in law enforcement related to the misuse of AI are quite complex, especially due to the lack of specific regulations to regulate its use in the context of cybercrime. Existing regulations often do not cover new situations, thus reducing the effectiveness of law enforcement. To overcome these challenges, legislators need to update regulations and develop ethical guidelines, while international collaboration and capacity building of law enforcement through education and training are also essential to increase the effectiveness of handling cybercrime.

Eben Heser Tarigan; Yasmirah Mandasari Saragih

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

This research explores corporate criminal liability in the context of crimes committed within Indonesia's oil and gas sector. In the framework of modern criminal law, corporations are increasingly recognized as legal subjects that can bear criminal responsibility, particularly in cases related to economic crimes, environmental violations, and corruption. Given the oil and gas sector’s strategic significance and high economic value, it is especially vulnerable to legal violations committed by corporate entities. The research adopts a normative juridical method, utilizing statutory, conceptual, and case study approaches to analyze the current state of legal accountability mechanisms. The findings indicate that corporate criminal liability in the oil and gas sector is not explicitly regulated under Indonesia’s Oil and Gas Law, resulting in significant legal gaps that hinder effective enforcement. Although several laws—such as the Anti-Corruption Law, the Environmental Protection and Management Law, and Supreme Court Regulation (PERMA) No. 13 of 2016—provide a basis for prosecuting corporations, their specific application within the oil and gas sector remains limited. This limited application is attributed to several challenges, including technical difficulties in proving corporate guilt, limited investigative capacity and resources among law enforcement authorities, and the disproportionate influence and economic dominance of oil and gas corporations in regulatory and judicial processes. To address these challenges, the research emphasizes the urgent need for reformulating the legal framework governing corporate liability in the oil and gas industry. This includes incorporating explicit corporate criminal liability provisions into sector-specific laws, strengthening institutional enforcement capacity, and applying legal doctrines such as corporate culture theory and strict liability. These efforts aim to ensure that corporations in the oil and gas sector can be held accountable for criminal actions, promote legal certainty, and uphold environmental and economic justice in Indonesia.

Tagor Aruan; Yasmirah Mandasari Saragih

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

This study examines the strengthening of the ultimum remedium principle in handling corporate crimes as part of a more proportional, efficient, and equitable criminal justice system reform. The ultimum remedium principle views criminal law as a last resort, used after other legal mechanisms, such as administrative resolution, mediation, or administrative sanctions, are deemed inadequate. The application of this principle becomes increasingly important in the corporate context to prevent the negative impact of repressive punishment on business entities that play a strategic role in the national economy. The significant impact of corporations on society and the economy necessitates a more careful and prudent approach to handling corporate crimes. This study uses a normative juridical method with statutory, conceptual, and case study approaches. In analyzing the application of the ultimum remedium principle, this study identifies that although this principle has been incorporated into several laws and regulations, its implementation remains weak. Factors contributing to this include limited understanding of the principle among law enforcement officials, suboptimal technical guidelines regarding the application of the ultimum remedium principle, and public pressure that tends to encourage a repressive approach in handling corporate crimes. Therefore, this study recommends strengthening regulations, increasing the capacity of law enforcement officials, and developing integrated guidelines to ensure the consistent and effective application of the ultimum remedium principle in handling corporate crimes. The application of this principle is also in line with the restorative justice approach, which aims to provide more humane and corrective punishment and create sustainable change for corporations and society.  

Eben Heser Tarigan; Yasmirah Mandasari Saragih

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

This research addresses the issue of corporate criminal liability in crimes occurring within Indonesia’s oil and gas sector. In modern criminal law, corporations are increasingly recognized as legal entities capable of bearing criminal responsibility, particularly in cases related to economic offenses, environmental violations, and corruption. The oil and gas sector, being one of the most strategic and high-value industries, is highly susceptible to legal violations by corporate entities. Given the significant role this sector plays in the national economy, the accountability of corporations in this field is of utmost importance to ensure proper legal oversight and prevent harmful practices. The research employs a normative juridical approach, utilizing statutory, conceptual, and case study methods to examine how corporate criminal liability is applied in the oil and gas industry in Indonesia. The findings reveal that the regulation of corporate criminal liability in the oil and gas sector remains underdeveloped, as it is not explicitly addressed in the Oil and Gas Law. This lack of clear and specific regulation creates gaps in law enforcement, leaving corporations with opportunities to evade full accountability for crimes they commit. While existing legal frameworks such as the Anti-Corruption Law, Environmental Law, and PERMA No. 13/2016 provide a foundation for criminalizing corporations in cases of wrongdoing, the practical implementation of these regulations within the oil and gas sector has proven to be insufficient. Several factors contribute to the weak enforcement of corporate criminal liability. First, there are technical challenges in proving corporate involvement in criminal acts, as the actions of a corporation are often difficult to attribute to specific individuals. Second, the capacity of law enforcement agencies to effectively investigate and prosecute corporate crimes is limited, compounded by a lack of expertise and resources.

Lutfiah Holifa Balkis; Amri Saputra; Winda Islamitha Nurhamidah; Nur Azizatul Haqiah; Ahmad Arifi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

This study examines the application of the hermeneutical approach in Islamic studies from the perspective of contextual Islamic Religious Education (IRE). The problem underlying this research is the dominance of textual and normative learning patterns in Islamic education that are often disconnected from contemporary social and cultural realities. The study aims to describe the hermeneutic concepts of Fazlur Rahman’s “double movement” and Hans-Georg Gadamer’s “fusion of horizons” and to analyze their relevance in developing contextual IRE. This research employs a qualitative library research method by analyzing recent scientific literature (2021–2025) from national and international journals. The findings reveal that hermeneutics provides a methodological and philosophical foundation for transforming IRE from rote-based learning into reflective, dialogical, and contextual learning. This study concludes that hermeneutics can be used as a conceptual and practical framework to strengthen the relevance of Islamic education in addressing modern challenges. However, the study’s limitation lies in its theoretical nature, so further empirical research is recommended to test the effectiveness of hermeneutic-based pedagogical models in classroom settings.

Malik, Muhammad Fathoni; Hasan, Ikmal; Ma’rifatullah, Alfiyan Assyirojul Ilmi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

Indonesia is a diverse nation with a wide range of religions, ethnicities, cultures, languages, and traditions spread across its vast territory from Sabang to Merauke. This diversity, on the one hand, serves as a strength of the nation, yet on the other hand, it also carries the potential for conflict if not managed properly through the practice of tolerance. Students, as agents of change, hold a strategic role in maintaining harmony and peace, both within campus environments and in society at large. This study aims to analyze the implementation of tolerance values among university students in order to achieve peace in a plural society. The research employs a library research method with a descriptive qualitative approach, analyzing relevant literature on tolerance, students, and social peace. The findings reveal that students’ tolerance can be manifested in academic settings, organizational activities, social interactions, and religious practices. However, its implementation faces challenges such as intolerance, radicalism, identity politics, and the misuse of social media. Strengthening tolerance values can be carried out through multicultural education, character building, and student engagement in cross-cultural and interfaith organizations. Thus, students are not only academic individuals but also moral, social, and intellectual role models who can serve as key drivers in fostering peace and harmony within Indonesia’s diverse society.

Pranoto Effendi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

The use of AI is seen as aiding the learning process, and students have used AI for various purposes in their coursework. This article aims to investigate the impact of AI use on their innovation and creativity, as well as the possibility of AI replacing lecturers. A qualitative study was conducted with 53 student respondents. Questions were asked about the definition of AI, the applications of AI they use, whether AI can enhance creativity and innovation, and whether AI will one day replace lecturers. The findings indicate that AI is artificial intelligence that serves as an aid in the student learning process. The majority of students use ChatGPT, and 37 students stated that AI can enhance their innovation and creativity by providing inspiration and initial ideas. AI is also a tool that accelerates the learning process and facilitates creative work, as well as AI as a means of developing skills such as critical reasoning and data analysis. However, the majority also stated that dependence on AI can actually reduce critical thinking and creativity. Regarding the role of lecturers, 41 students stated that AI cannot replace them. The implication of these findings is that AI can be used wisely while still being aware of its limitations and ethical use. The role of lecturers must be further enhanced to ensure that student learning processes address AI's limitations and allow students to further enhance their innovation and creativity, while simultaneously mitigating the associated risks.

Kurnia Tanu Putra; Devina Chandra; Lioni Anggraini; Muhamad Bintang Guntoro; Fernando Lim +1 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

This study compares the recovery systems for victims of psychosocial violence and traffic accidents from the perspective of Unlawful Acts (PMH) in Indonesia and Malaysia. Using library research, this study analyzes the legal framework, institutions, and social and psychological approaches used by both countries to support the victim recovery process. In Indonesia, the victim recovery system is still oriented towards material compensation and administrative settlements, with limited recognition of immaterial losses such as trauma and psychological disorders. In contrast, Malaysia has developed a victim-centered justice approach that positions victims as the subject of recovery, through regulations such as the Domestic Violence Act 1994 (Amendment 2017), the Road Transport Act 1987, and compensation mechanisms through the Motor Insurers’ Bureau of Malaysia (MIB) and the Victim Compensation Fund. This approach comprehensively integrates legal, social, and psychological recovery, including free counseling services through the One Stop Crisis Center (OSCC) and Talian Kasih 15999. The study's findings indicate that Malaysia has moved toward a holistic human recovery paradigm, while Indonesia still needs to strengthen its victim recovery system by addressing the psychological and social dimensions to align with the principles of restorative justice.

Dewi Amalia

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article discusses a theoretical study of impoverishment punishment for corrupt perpetrators. Corruption is considered a planned crime that has a negative impact on the state and society and requires decisive action to eradicate it. This survey revealed that the majority of students think that impoverishment punishment, which is expected to have a deterrent effect compared to prison sentences, can be an effective preventive effort in eradicating corruption. The students also emphasized the importance of returning assets to the state to compensate for losses due to corruption. The view of the death penalty for corruption perpetrators is now considered irrelevant, because the focus is on recovery economy and justice. This study shows that a stricter and more systematic approach is needed in eradicating corruption, including stricter regulations, proper asset management, and educating the public about the negative impacts of corruption. Thus, this article presents an understanding of sharing perspectives. The younger generation can help create more effective anti-corruption policies in Indonesia.

Jennie Aurellia Zaneta

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article discusses the development of an internal control system as an effort to overcome the risk of fraud in the company. Through in-depth analysis of existing policies, procedures and practices, this research identifies key elements that can strengthen organizational integrity. Using a case study approach, this article shows how implementing effective controls, employee training, and reporting mechanisms can increase transparency and accountability. The results of this research conclude that a comprehensive internal control system not only reduces the risk of corruption, but also encourages an ethical culture in the work environment, thereby supporting the company's sustainability and reputation.

Jordan Ang Saputra

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Corruption is one of the biggest challenges for many companies in various industries. Implementing an anti-corruption policy is an important step in maintaining integrity, reputation and continuity of the institution. This article explains how companies can design and implement effective anti-corruption policies. Key elements of this policy include employee training, internal audits, transparency of business processes, and the application of strict sanctions for violations. Furthermore, a culture of integrity in the work environment must be built through good examples from top management. Technology can also facilitate monitoring and oversight and reduce the risk of corruption. With strict guidelines and the support of all stakeholders within the company, anti-corruption efforts can be implemented more effectively and help companies achieve sustainable growth.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiyah; Rahdatu Cahya Puranita; Inas Lutfiyah; Salsyabila Apriliyani

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Pancasila, as the foundation of the Indonesian state, plays an important role as an ethical system that guides national and state life. This study aims to explore and analyze how the values of Pancasila as an ethical system. The research method used is a literature study. Through this approach, various sources of literature such as textbooks, journal articles, academic papers, and legal documents are collected and critically analyzed. The results of this study indicate that the five principles of Pancasila, namely Belief in the One Almighty God, Just and Civilized Humanity, Unity of Indonesia, Democracy Guided by the Wisdom of Deliberation/Representation, and Social Justice for All Indonesian People each contain fundamental values. This study identifies the need for a more integrative approach in translating the principles of Pancasila into real policies and actions.

Fikri Ardiansyah

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Preventing acts of corruption in the office environment involves a series of strategic steps to create a culture of transparency and accountability. These efforts include implementing a code of ethics, training on integrity, and strict supervision of the decision-making process. In addition, the application of information technology to monitor financial transactions and reports can help detect potential fraud. By building awareness and commitment of all employees towards preventing corruption, organizations can increase public trust and create a healthier work environment. Preventing acts of corruption in the office environment is a crucial step in creating good governance and improving institutional integrity. Corruption can hinder economic growth and damage public trust. To prevent this, a comprehensive approach is needed, including implementing transparency policies, strengthening supervisory systems, and ethical education for employees. In addition, an organizational culture that supports openness and accountability must be built. This research discusses effective strategies that can be implemented to minimize the risk of corruption, including the use of information technology and participation in community oversight. The results are expected to provide recommendations for government and private agencies in strengthening efforts to prevent corruption

Angelina Reski Apriliana

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Banking is crucial in efforts to prevent corruption, serving as the frontline in financial management and transactions. This article examines the role of education and training in combating corruption within the banking sector. The study aims to demonstrate that corruption in banking can undermine public trust and economic stability. I employ a literature review and observations of education and training initiatives aimed at corruption prevention in banking. Key issues identified include employees' inadequate understanding of work ethics and anti-corruption policies, along with insufficient systematic training. This research analyzes various education and training programs implemented in banks and assesses their effectiveness in enhancing employee awareness and commitment to anti-corruption practices. I highlight that comprehensive education and continuous employee training are essential for significantly mitigating the risk of corruption in banking by fostering a transparent and ethical organizational culture. It is critical for banking institutions to enhance anti-corruption awareness among their employees. Training programs should engage all employee levels and include regular evaluations to assess their effectiveness. Ultimately, the goal is to create a safer banking environment free from corrupt practices.

Delvia Agustina; Sujianto Sujianto

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Riau Province Regional Regulation No. 12 of 2013 concerning the Implementation of Government Education stipulates the 12-Year Learning Obligation. The Pekanbaru City Education Office is an agency authorized to take care of government affairs in the field of education starting from the PAUD, SD, and SMP levels in Pekanbaru City. But in reality there are still problems in the field of education in Pekanbaru City such as school dropouts. This study aims to describe how the implementation of the duties and functions of the Pekanbaru City Education Office in handling dropouts and describe the inhibiting factors in the implementation of the duties and functions of the Pekanbaru City Education Office in handling dropouts. This research uses the theory of administrative functions according to Oey Liang Lee, namely administrative functions consisting of Planning, Organizing, Coordinating, Implementing and Supervising. This research uses descriptive qualitative methods. The data analysis used is data reduction, data presentation and conclusion drawing. The results of this study indicate that the implementation of the duties and functions of the Pekanbaru City Education Office seen from the indicators of planning and organizing has gone well, while from the indicators of implementation, coordination and supervision has not been maximized due to several inhibiting factors such as the lack of training or coaching conducted for educators in SKB, lack of facilities and infrastructure in the activities of the SKB. lack of facilities and infrastructure in the activities of the equivalency education program, coordination meetings that have not been carried out regularly and supervision that has not reached the supervision standards of the Education Office.

Handy Setiawan

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Corruption is a global issue that significantly impacts social, economic, and political aspects, particularly in developing countries like Indonesia. It undermines public trust in government institutions and contributes to social injustice, slowing economic growth and hindering overall welfare. This paper focuses on preventing corruption among the younger generation, highlighting key measures such as anti-corruption education in schools, the effective use of social media campaigns, and necessary reforms in law enforcement. By instilling values of integrity and responsibility early on, educational institutions can help shape future leaders who are prepared to combat corruption. Additionally, the effective use of social media platforms like Instagram, TikTok, and YouTube can engage the younger generation through creative and interactive content, fostering awareness and encouraging active participation in anti-corruption efforts. Reforming law enforcement to impose stricter penalties on corrupt individuals and providing protection for whistleblowers are crucial to creating a deterrent effect. Ultimately, a comprehensive approach involving education, technology, and legal reform can empower the younger generation to promote transparency and integrity, contributing to a corruption-free society and a stronger foundation for the nation’s future

Dewinda Ari Fitriyani; Indah Purbasari

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage is a sacred relationship that occurs between a man and a woman with the aim of building a prosperous family. However, in reality, family life can face various situations that cause unhappiness and lead to the dissolution of a marriage. One example of divorce is when a husband disappears without a trace, leaving his wife behind. This research aims to explain and examine the supernatural divorce case based on decision number 1301/Pdt.G/2024/PA.Sby and analyze the judge's considerations in making decisions regarding the case. This research uses normative legal methods, with data collection techniques through literature review. The judge's reasons in cases of unseen divorce include the absence of the defendant whose whereabouts have not been identified or who have been declared missing, as well as the existence of documents from the sub-district explaining the ignorance of the position of the party concerned. The trial can be terminated in verstek if the defendant, having been legally summoned by the court, is still absent for no apparent reason..