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Avilla Deva Aryanda; Ali Masyhar; Cahya Wulandari

Journal of Administrative and Sosial Science (JASS) 2025 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The implementation of the death penalty remains controversial, especially when viewed through the lens of human rights such as the right to life and freedom from torture. In Indonesia, the death penalty is enforced for serious crimes, but not yet applied to corruption. This research explores the possibility of applying the death penalty to corruption cases and identifies the obstacles hindering its enforcement. Using a normative legal research approach, this study examines both primary and secondary legal materials. Corrupt acts in Indonesia are punishable by imprisonment, restitution, and in severe cases, the death penalty. The enforcement of penalties is part of Indonesia's criminal justice system, encompassing legal substance, legal structure, and legal culture. From a criminal policy perspective, the death penalty may serve as a deterrent and contribute to social welfare. However, its implementation faces challenges, including weak legal foundations, concerns over human rights, and pressure from international human rights agreements.

Dino Rizka Afdhali; Yanto Yanto; Slamet Tri Wahyudi

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Under Law No. 1 of 2023 or the New Criminal Code, capital punishment is regulated as a punishment that involves the deprivation of the defendant's life for serious crimes committed, with its implementation following the procedural rules for capital punishment in Indonesia. The provisions outlined in Article 67 of the New Criminal Code specify the application of capital punishment in Indonesia, stating that it is no longer the primary punishment but rather the last resort after a ten-year probationary period. This study uses a normative legal method with legal sources such as primary legal materials, namely laws regulating capital punishment, as well as secondary legal materials, which explain and clarify the primary laws. The debate on capital punishment involves two main schools of thought, namely those who support the application of capital punishment for serious crimes and those who reject the application of capital punishment due to the human rights perspective adopted by the Indonesian state.  Criticism of the death penalty includes issues of the right to life and the legal treatment that should be given by the government to defendants for extraordinary crimes, especially in cases of corruption, premeditated murder, and narcotics. In this study, it was found that (1) the optimal form of regulation of the death penalty for extraordinary crimes has actually been implemented quite well, but the execution of the death penalty is still considered weak by the author because the execution must be preceded by a waiting period of several years in prison for the condemned prisoner (2) that the death penalty is not contrary to human rights, whether viewed from a legal, religious, or international perspective. (3) The new Criminal Code can balance the retributive and rehabilitative aspects as the ideal concept for the implementation of the death penalty. However, in some provisions, it is hoped that the death penalty can be used as a Premium Remedium in certain cases.

Kadek Abdi Ramanda Putra

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

Along with the development of the era, the virtual world or the internet is also growing rapidly. In its development, there must be positive and negative things. The term cyberbullying is the use of technology to intimidate, intimidate, or victimize a person or group and this is one of the negative things from the development of the virtual world or the internet. This study uses a normative legal research method, which examines related issues from a human rights perspective and uses laws and regulations and doctrines as study materials for cases that will be classified as cybercrime/stalking or commonly referred to as cyber harassment. Cyberbullying has various forms and approaches. When viewed from a human rights perspective, cyberbullying is strictly prohibited from being carried out on fellow cyberspace users, which in human rights is regulated in Article 30 of Law No. 39 of 1999 concerning Human Rights which reads: "everyone has the right to a sense of comfort and peace and protection against the threat of fear to do or not do something". In this article it is clearly stated that everyone has the right to obtain a sense of comfort in their lives and peaceful conditions and protection from the threat of fear, which refers to cyberbullying which can share the threat of fear against one person and another.

Solihat Solihat; Farah Malika Syahda; Nathania Nathania; Syarifah Azsefira Adhela; Helpi Helpi +1 more

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Domestic violence is a human rights violation that still occurs frequently in Indonesia, despite being regulated in Law No. 23/2004 on the Elimination of Domestic Violence. Many victims, especially women, choose to resolve domestic violence cases peacefully due to various factors such as social pressure, economic dependence, and community stigma. This research aims to analyze the factors behind the victim's decision to choose an amicable settlement and evaluate the mechanism from a victimology perspective. The research methodology uses an empirical juridical approach with primary data collection through interviews with victims of domestic violence in Serang City and secondary data from legal documents and related literature. The results show that the decision to reconcile is influenced by the presence of children in the household, economic independence, fear, and family or other people. In addition, efforts that can be made to ensure the prevention of recurrence of domestic violence are with temporary protection regulated in Article 16 of the PKDRT Law. The contribution of this research lies in an in-depth understanding of the dynamics of peaceful settlements in domestic violence cases and victimology-based policy recommendations to improve victim protection. This research also encourages the application of a restorative justice approach that favors the psychosocial needs of victims and the prevention of repeated violence.

Geraldus Damansus Boro Sale; Karolus K. Medan; Aksi Sinurat

Journal of Administrative and Sosial Science (JASS) 2025 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The purpose of this study is to find out about someone who has a mental disorder periodically committing an unlawful act, can be given legal responsibility for his actions, and the basis for the judge's considerations in sentencing the perpetrator of the crime of murder who has a mental disorder periodically. The type of research is normative legal research. The research data collection technique uses literature studies. The data will then be analyzed using qualitative analysis. The results of the study show that based on the theory of criminal responsibility, a person with a mental disorder cannot be punished because he is considered not to have the awareness and ability to be responsible or his actions, but there is a submission in the case of periodic mental disorders experienced by the defendant in the sentence, the legal status of the perpetrator does not immediately get a full element of forgiveness, in the audit the judge considered it worthy of being held criminally responsible because his actions had fulfilled the elements of criminal responsibility. The judge's decision ignored the conditions of the conversation with a history of periodic mental disorders showing weaknesses in aspects, legal certainty, benefits and protection of human rights, in contrast to the principles of legalization and violation of national law and imprisoning people who have a history or even are mentally ill does not provide benefits to the person himself.

Muhammad Ghiyas Gaspah; Agussalim Burhanuddin

Lembaga Pengembangan Kinerja Dosen 2025 Lembaga Pengembangan Kinerja Dosen

This study analyzes the security policies implemented by President Nayib Bukele in El Salvador and their implications for crime rates and democratic institutions. Using a decriptive qualitative approach, the study finds that although crime has significantly declined, it has come at the cost of weakned democratic instutions, rising electoral authoritarianism, and the use of fear-based politics to gain public legitimacy. Mass detentions, reduced civil liberties, and the centralization of executive power show that stability is being built not through repressive control. Furthermore, vulnerable groups such as the poor and women are disproportionately affected between public security and human rights protection to avoid deepening structural inequalities and creating new forms of social vulnerability.

Laila Fitria; Devita Azwi Nurrahma; Albi Wahyu Ramadhan; Fitri Hayati

Jurnal Ekonomi dan Keuangan Islam 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This study aims to examine the relevance of Islamic economic thought during the time of the Prophet Muhammad to contemporary economic challenges, such as wealth distribution inequality, ethical crisis, and free market dominance. With a qualitative-descriptive approach through a literature study of classical and contemporary literature, the analysis is carried out based on the maqashid al-shariah framework. The results show that the basic principles of the Prophet's economy, such as the prohibition of usury, distribution justice, protection of property rights, and ethics-based market regulation, remain relevant and applicable in today's global context. Economic instruments such as zakat, infaq and waqf have proven effective as a means of wealth distribution and social security. In addition, maqashid al-shariah plays an important role as a paradigm in evaluating modern economic policies so that they remain oriented towards social justice and sustainability. The conclusion of this study confirms that the Prophet's economic thought is not only historical and normative, but also has practical and strategic value in formulating an alternative economic system that is more humane, ethical, and sustainable.

Avilla Deva Aryanda; Ali Masyhar; Cahya Wulandari

International Journal of Education and Literature 2025 Lembaga Pengembangan Kinerja Dosen

This study examines the implementation of restorative justice approaches in handling sexual violence cases after the enactment of Law Number 12 of 2022 concerning Sexual Violence Crimes (UU TPKS). Through a qualitative approach with empirical juridical design, the research was conducted using in-depth interviews with informants from the Legal Resource Center for Gender Justice and Human Rights (LRC-KJHAM) in Semarang and literature review. The findings reveal inconsistencies in the implementation of Article 23 of UU TPKS, which prohibits out-of-court settlements except for juvenile offenders. Law enforcement officers, particularly the police, still employ peaceful settlement approaches based on older regulations that contradict UU TPKS. This condition negatively impacts victims who often do not receive proper justice and recovery, and even experience revictimization. This research recommends that the government promptly develop more operational derivative regulations and enhance the capacity of law enforcement officers to adopt a victim-centered perspective.

M Raichan Sugiarto; Abitsa Zora Sya’bana; Noel David Silaban; A. Rizal Khoirul; Fawwaz Nur Azhar +2 more

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

Domestic Violence (Kekerasan Dalam Rumah Tangga/KDRT) is a complex social phenomenon that requires continuous legal and social attention. In the context of Indonesia, the protection of domestic violence victims has been regulated under Law Number 23 of 2004 concerning the Elimination of Domestic Violence, which affirms that victims are entitled to protection, recovery, and legal assistance. However, the implementation of these protections faces several structural and cultural obstacles, such as social stigma against victims, limited human resources, and the influence of patriarchal culture that legitimizes violence within the household. Using normative legal research methods with statutory and conceptual approaches, this article analyzes the policy framework for the protection of domestic violence victims in Indonesia, as well as the roles of government and non-government institutions in providing such protection. The results of this study show that although the legal protection of domestic violence victims is clearly regulated, its implementation in practice remains suboptimal due to social and structural barriers. Therefore, strong legal policies must be supported by the synergy of law enforcement institutions, social organizations, and community participation to ensure effective and sustainable protection for victims. These findings are expected to contribute to the formulation of future policies that are more responsive to the protection of the rights of domestic violence victims.

Gusti Laskar Ferdiansyah Simatupang; Rien Safrina; Rizki Taufik Rakhman

International Journal of Studies in International Education 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

This literature review analyzes the transformative potential of digital learning media in revitalizing Indonesian traditional music, with a particular focus on Gambang Kromong innovation within the framework of Society 5.0. Traditional music, as the foundation of cultural identity, faces significant threats from globalization and modernization, resulting in declining interest, especially among the younger generation. This approach examines how digital technologies can serve as a catalyst for the preservation, learning and dissemination of traditional music, transforming it from a marginalized status to one of contemporary relevance. The report synthesizes existing literature to identify key trends, benefits derived from the use of technologies such as Digital Audio Workstations (DAWs), Virtual Reality (VR), Augmented Reality (AR), Artificial Intelligence (AI), gamification, and online and social media platforms. In addition, the report discusses inherent challenges, including the digital divide, the need for increased educator competencies, and intellectual property rights issues, while highlighting opportunities for collaboration and global audience reach. The conceptualization of "Gambang Kromong 5.0" is proposed as a holistic model that integrates traditional essence with intelligent technological advancements in a human-centric manner, ensuring cultural survival and artistic relevance in the digital age.

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.

Adinda Pramesty Sulistya Kusuma Wardhani; Raihan Indra Wijaya; Akbar Nugraha; Shavirra Pricilia Mamonto; Kamiliya Salma Salsabila +2 more

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

Murder has a major impact on the victim and his family in terms of psychology, social, and economics. Therefore, it is only right that the victim and his family are given protection and equal attention as given to the perpetrator in the judicial process. However, in practice, the criminal justice system is still focused on the perpetrator and the criminalization process while the rights and attention of the victim and his family tend to be sidelined. This study aims to analyze the psychosocial impact on the victim and his family and the extent to which the guarantee and implementation of the protection of the victim's rights related to the case in Decision Number 448/Pid.B/2023/PN Serang. The method used in this study is empirical yuridical based on data obtained directly through interviews. The results of this study indicate that the victim's family from the case in Decision Number 448/Pid.B/2023/PN Serang experienced long-term psychological trauma, social stigma against the victim's partner because of the case's connection to infidelity, and economic difficulties due to the loss of the main source of income. In addition, there is also fear and insecurity about the occurrence of similar crimes in society. During the judicial process, the position of the victim and his/her family is merely an instrument needed to ensnare the perpetrator while their rights such as financial compensation, mental rehabilitation, and legal protection tend to be ignored. A more significant role for the victim as a subject entitled to recovery and legal protection will reflect a just and humane criminal justice system.

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.

Tickos Elia Siahaan; Landong Sihombing; Veronika Tumangger; Herdiana Boru Hombing

jurnal Riset Rumpun Agama dan Filsafat 2025 Pusat Riset dan Inovasi Nasional

This interpretation discusses Zephaniah 2:1-3 with the aim of revealing the main message of the passage and how its meaning can be applied to contemporary life. This verse contains God's invitation to His people to immediately gather and repent before His wrath comes. The method used in this interpretation is a historical and contextual approach, by tracing the background of Zephaniah's time, the meaning of key words in the text, and their relationship to modern life. The results of the interpretation show that Zephaniah invites the people to seek God, live a life of justice, and be humble. This is not only a call for the Israelites at that time, but also a warning for modern humans who live in a situation of moral crisis, disaster, and social chaos. This verse invites everyone not to delay repentance, live righteously before God, and maintain good relations with others. The message is very relevant to modern life which often forgets spiritual values ​​and social justice.

Abdul Syukur Alfauzi; Yusuf D H; Sahid Sahid; Dita Anies Munawwaroh

Indonesia Bergerak : Jurnal Hasil Kegiatan Pengabdian Masyarakat 2025 Asosiasi Riset Ilmu Teknik Indonesia

The home industry partner for the tofu business is located in Kalidoh Langensari Barat Village, Ungaran Barat District, Semarang Regency. The partner's obstacle is the failure to meet the increasing market demand. This obstacle is caused because the production process is still carried out manually or traditionally so that tofu production is limited to human power. The right solution offered through this community service is the application of process technology in the form of a soybean grinding machine with a rotary system to increase tofu productivity. The purpose of this community service is to make an electric soybean grinding machine, apply a rotary grinding machine to the tofu production process, and conduct evaluation and assistance to maintain the sustainability of the program. The initial stage carried out in this service consists of planning and making the machine. Planning is based on market needs and partner conditions related to the provision of electrical energy. The design results are made through machine work in the Mechanical Department workshop. The next stage is the application of the machine including assembly and installation of the machine at the partner's location, as well as operational training and machine maintenance. The final stage of the service is evaluation and assistance. Evaluation is carried out by directly assessing the partner's operational practices on the machine that has been assisted. The assistance provided includes supervision, work control, and direction when the partner produces tofu using the production machine. It is expected that the rotary soybean grinding machine can increase the production of partner tofu.

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.

Zadrach Barenz Windessy; Imam Nugraha

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This paper explores how climate change has contributed to the armed conflict in Darfur, Sudan, by emphasizing the human security perspective. Prolonged drought, desertification, and resource scarcity have intensified tensions between farming and pastoralist communities. Using a case study method and the Human Security framework, this study finds that ecological stress acts as a threat multiplier in conflict-prone areas. Data from IPCC, SIPRI, and UNHCR reports highlight how environmental degradation worsens structural vulnerabilities and fuels horizontal violence. The analysis shows that climate change is not only an environmental issue but also a serious security concern in fragile states. The failure of state institutions to equitably manage natural resources exacerbates the crisis. Therefore, a long-term, multi-sectoral policy response is urgently needed. Integrating climate resilience into international security strategies is essential to protect basic human rights.

Gibran Ibnu Sina; Yahya Ayyash Ibrahim Pasha; Barbie Puteri

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Economic development in today's world has grown rapidly, leading to numerous changes in human life. By investing in the capital market, it becomes one of the alternatives for financing the community's economy and is easily accessible to the public. One of them is to invest in bond securities in issuer companies. However, by purchasing bonds in the capital market with the issuer company, in addition to providing benefits through interest rates, there are risks, including if the issuer company goes bankrupt. Under these conditions, the holder of the unsecured bond will be positioned as a concurrent creditor, whose repayment is made after the separatist and preferred creditor. Although not guaranteed collateral, bondholders still obtain legal guarantees of their rights through information disclosure, the role of trustees, and arrangements within the applicable legal framework.

Amos Aldy Bessie; Reny R. Masu; Orpa G. Manuain

Journal of Administrative and Sosial Science (JASS) 2025 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Corruption is one of the serious problems currently being faced by many countries in the world, including our country Indonesia. Not only does it harm the country's economy, corruption has also been proven to hinder the development of a country and create social injustice. This study aims to determine the basis for the judge's considerations in granting a pretrial motion by the former deputy minister of law and human rights and than the judge's decision related to the determination of the suspect in the pretrial motion. The method used in this study is normative legal research with a Legislation approach, Conceptual Approach, and Case Approach. The data collection technique used is library research, the data is collected and then analyzed using descriptive qualitative analysis. The results of the study show that the basis for the judge's considerations in the pretrial motion decision on the Eddy Hiariej case shows the judge's tendency to focus more on formal aspects than material aspects. The judge's decision in granting a pretrial motion, especially in corruption cases such as the Eddy Hiariej case, the judge should not limit his considerations only to the due process of law aspect which emphasizes procedural accuracy. However, on the other hand, judges are also required to pay attention to the dimensions of the crime control model, which emphasizes the effectiveness of eradicating crime, as well as the principle of substantive justice, which demands justice based on material truth.

Rina Setyaningsih; Rohmawati Rohmawati; Vitaloka Vitaloka; Ainun Ni'mah; Ramdan Hadi +2 more

Jurnal Riset Rumpun Ilmu Pendidikan 2025 Lembaga Pengembangan Kinerja Dosen

Liberalism and Islamare two ways in different directions. Although both are often juxtaposed in every discussion of scholars, it is very difficult to put together. Islamis a religion that is assumed to the word of God through"the"book"of"the"Quran"and the hadith"of"the"Apostle, where each of its adherents has boundaries in carrying out life to survive in the world and the hereafter, while liberalism comes as an ideology that emphasizes the rights and freedom of every individual in all aspects of life including religion. This journal aims to present knowledge about"the"impact"of the ideology of liberalism"on"the"thought"of"the"Islamic Ummah. This study involved related literature analysis of academic sources, including theoretical works and thoughts of scholars andIslamicthinkers."The"conclusion"that"can"be"drawn"from"this"study"isthat"the"understanding"of"liberalism is still widely adopted by the Islamic Ummah even though the ideology of liberalism is very"contrary"to"the"teachings"of"Islam", this"is"due"to"the"weak religious education in every individual of the Islamic Ummah itself which then considers that Islamic rules curb human freedom.