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Ferda Ria Angelina; Tri Andrisman; Fristia Berdian Tamza

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

This research analyzes the legalization of abortion for rape victims in Indonesia from a human rights perspective, based on Law Number 36 of 2009 concerning Health and Government Regulation Number 61 of 2014 concerning Reproductive Health. The study aims to identify the forms of legal protection for rape victims who undergo abortion and to evaluate the extent to which its implementation aligns with human rights principles, particularly the rights to health, security, and dignity. Using a normative legal research method with a literature review, this study found that existing regulations have provided a legal basis for abortion in rape cases as a form of protection. However, its implementation still faces significant obstacles such as social stigma and limited access, which potentially hinder the fulfillment of victims' human rights.

Agid Lukas Evans Pardede; Aninda Sri Rahayu Mastur; Rahmawati Nurul Jannah

Jurnal Media Administrasi 2025 Universitas 17 Agustus 1945 Semarang, Indonesia

This study analyzes Indonesia’s immigration policy reforms in response to global and ASEAN migration dynamics. The reforms emphasize a human rights-based approach, digital services like e-Visa and M-Paspor, and bureaucratic modernization. Despite progress, challenges remain in implementation, institutional overlap, and limited protection for vulnerable groups such as refugees and undocumented migrants. Comparisons with other ASEAN countries reveal varied approaches, positioning Indonesia to lead regional migration policy harmonization through its strategic role and commitment to human right.  

Agung Setiawan; Aninda Sri Rahayu Mastur; Rahmawati Nurul Jannah

Jurnal Media Administrasi 2025 Universitas 17 Agustus 1945 Semarang, Indonesia

This study aims to analyze the reform of Indonesia’s immigration policy in the era of globalization and to compare it with the immigration policies of other ASEAN countries, such as Malaysia, Singapore, and Thailand. The research uses a literature review method by analyzing current regulations, international reports, and academic publications. The findings indicate that Indonesia has made significant reforms through immigration service digitalization, the implementation of e-visas, and a human rights-based approach. However, compared to neighboring countries, Indonesia still faces challenges in inter-agency coordination, undocumented migrant regulation, and refugee protection. The comparative study reveals that ASEAN countries adopt varied approaches, from merit-based systems to migrant regularization programs. This research concludes that Indonesia has great potential to lead the harmonization of migration policies in the ASEAN region, but it requires stronger legal frameworks and more integrated governance.

Alyza Nur’aini Choirunnisa; Winda Dwi Astuti; Soraya Khoirun Nisa’; Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Humanitarian intervention is often seen as an effort to protect civilians from human rights violations, but it often clashes with the principle of state sovereignty in international law. This research evaluates the alignment of humanitarian intervention with the values of Pancasila as an ethical and moral footing in international policy. The research uses a qualitative method with a case study approach; data is obtained from a literature study that includes academic documents, journals, reference books, and diplomatic reports, then analyzed descriptively-analytically to reveal the views of Pancasila in the practice of international law. The results show that although intervention has noble aims, its implementation often collides with the principle of non-intervention and the principle of state sovereignty. The values of Pancasila, especially fair and civilized humanity and social justice, can be used as a moral foundation to assess the legitimacy of intervention, but its application in international norms is still constrained by political interests and power imbalances between states. The conclusion of this study is that Pancasila offers a potential ethical framework for more just humanitarian interventions, but diplomacy and policy advocacy efforts are needed to strengthen the position of developing countries in formulating international norms that respect sovereignty while protecting human rights.

Bakari, Sadam; Moonti, Roy Marthen; Ahmad, Ibrahim

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

The phenomenon of increasing potential for social conflict in the regions, including in Gorontalo Province, demands the presence of security forces that are able to act quickly, professionally, and in accordance with legal corridors. The Brimob unit as part of the National Police has a vital role in implementing riot control policies to maintain national stability and security. This research aims to analyze the effectiveness of Brimob Gorontalo's role in implementing the policy, in terms of legal aspects, especially in accordance with the principles of human rights and applicable laws and regulations. The approach used in this research is descriptive qualitative with literature and documentation study methods. The results of the analysis show that although the policy has been implemented in accordance with protap and regulations, the effectiveness of its implementation still faces challenges such as limited human resources, understanding of human rights, and social resistance. Therefore, it is recommended that Brimob Gorontalo strengthen human rights-based training, increase transparency of actions, and strengthen synergies with communities and local policy makers to create sustainable and equitable security.

Abdul Haris Nafis; Handar Subhandi Bakhtiar

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The problem of drug abuse is a serious challenge in various countries, including Indonesia and Malaysia. Both countries have strict legal systems in dealing with drug crimes, with an approach that emphasizes the imposition of severe criminal sanctions on perpetrators. This study aims to compare drug law policies between Indonesia and Malaysia, especially in terms of regulation, law enforcement, and the types of criminal sanctions applied. The research method used is normative juridical with a comparative legal approach between countries. The results of the study show that although in general both countries adopt a repressive approach, there are important differences in their legal systems. Malaysia applies a mandatory death penalty for drug dealers in certain amounts, as regulated in the Dangerous Drugs Act 1952. Meanwhile, Indonesia gives judges the authority to determine the type of sanctions, including the death penalty, based on legal considerations and justice in Law No. 35 of 2009. This study is expected to be an evaluation material for policy makers in Indonesia in formulating a drug law system that is not only repressive, but also pays attention to aspects of justice, human rights, and legal effectiveness.  

Sandy Ramadhiansyah

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Terrorism is an extraordinary crime that requires extraordinary measures. The Elucidation of Law Number 5/2018 describes that the crime of terrorism is a serious, deliberate, systematic, and planned crime that instills widespread fear. However, the law does not explicitly regulate exceptions to the statute of limitations rendering it subject to the general provisions in the Criminal Code. Under Law 5/2018, terrorism is punishable by death. Consequently if evades after 18 years, the obligation to prosecute is extinguished. In contrast, Law Number 26/2000 concerning Human Rights Courts excludes gross human rights violations like crimes against humanity from statute of limitations provision. Terrorism can be categorized as a crime against humanity. This is because terrorism is a widespread and systematic attack that directly aimed at the civilian population, as formulated in Law 26/2000. However, with both crimes against humanity and terrorism codified in the 2023 Criminal Code along with closing provisions revoking parts of Law 26/2000 and Law 5/2018, raises the question whether these crimes will now be subject to the statute of limitations provision in the 2023 Code. This is certainly not in accordance with both comparative practice in various countries and international law.

Lukman, Lutfiana; Moonti, Roy Marthen; Kadir, Yusrianto; Kasim, Muslim A.

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Domestic Violence (DV) is a serious human rights violation, particularly affecting women as a vulnerable group. Gorontalo City has seen a significant rise in DV cases, reflecting weak prevention efforts and law enforcement. Although Law No. 23/2004 regulates the elimination of DV, its local implementation faces structural, cultural, and resource-related challenges. This study analyzes the effectiveness of DV law enforcement in Gorontalo and identifies key obstacles. Using an empirical juridical method with a qualitative approach, data were collected through field research, interviews with law enforcers, and document analysis. The findings reveal that despite procedural efforts, barriers such as low public legal awareness, partiality among officials, limited victim protection facilities, and patriarchal norms hinder effective enforcement. Law enforcement remains ineffective due to weak institutional synergy and victims’ reluctance to seek justice. The study recommends specialized training for law enforcers, strengthening integrated victim services, and intensive legal outreach to build a more responsive environment to DV issues.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Zahrotul Jannah Khoiroh; Revalina Devra Amartya Putri; UIN Raden Mas Said Surakarta

Jurnal Ilmu Pendidikan 2025 Lembaga Pengembangan Kinerja Dosen

Constitusionalism, as a fundamental principle upholding the rule of law and the recognition of fundamental rights of citizens, holds crucial relevance in the formation of laws in Indonesia. The primary objective of constitusionalism in this context is to ensure the alignment of statutory regulations with the noble values enshrined in the 1945 Constitusion of the Replubic of Indonesia (UUD 1945). The legislative process in Indonesia, which is based on the principles of democracy, justice, and respect for human roghts, necessitates contitutionalism as a mtehodological guideline. This research employs a qualitative research method with a literature study apporoach. Through an indepth analysis of various legal and theoretical sources, this study explores how constitutionalism influences the formation of laws, including ensuring the absence of substantive and procedural contradictions with the UUD 1945. Furthermore, this research examines the role of conctitutionakism in regulating the relations between state institutions in the legislative process, strengthening the function of the Constitutional Court in judical review and limiting the potential for abuse of power. Consequently, this research argues that the relevence of constitutionalism the quality of the resulting laws, as well as their implications for the justice and welfare of all Indonesian people.

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.

Nurnazilatul Wahdah; Repa Hudan Lisalam

Moral : Jurnal kajian Pendidikan Islam 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

A discussion on Islamic morality and ethics is the purpose of this paper. We see many modern generations paying little attention to how to apply morality in their daily lives. Morals and ethics are human behaviours in daily life that have been instilled. Morals come from the Qur'an and the Hadith of the Prophet Muhammad and include what is good, bad, right, and wrong in one's actions. Meanwhile, ethics come from the culture and customs of the local community. In this paper, the author discusses the meaning of morals and ethics, human relationships with God, humans, and nature. Protest is a legitimate form of expression in a democratic society. In Islam, protest is also recognised as the right of everyone to voice injustice and bias. However, protests must also be carried out with ethics that are in accordance with Islamic teachings. The ethics of protest can be explained in the hadith, namely: Protests must be carried out peacefully and not violate the law. This is in accordance with the hadith of the Prophet Muhammad SAW, "Whoever sees an evil should change it with his hand. If he is unable, then with his tongue. If he is unable, then with his heart. And that is the weakest faith." (HR Muslim). In this Hadith, the Prophet Muhammad (PBUH) teaches that protests should be done in stages, starting with the lightest action, namely giving a direct response. If you are unable to do so, then you can protest verbally, for example by expressing your opinion or criticism through the media. If that is no longer possible, then protest can be done in the heart, i.e. still rejecting evil, but not taking actions that can lead to violence or riots. Protest must be based on truth and justice. This is in accordance with the hadith of the Prophet Muhammad (saw), "Indeed, Allah is true and loves truth." (Narrated by Bukhari) In this hadith, the Prophet Muhammad (saw) affirms that protest must be based on truth and justice. This means that protest must be done because of real injustice, not because of personal or group interests.

Hidayani Syam; Syahlu Andalusia Monrick; Silva Khairani

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Domestic violence (DV) is a form of human rights violation that often occurs but is still widely unreported. This study aims to examine the forms of domestic violence, the factors that cause it, and its impact on victims, especially women and children. The method used is the library research method. The results of the study indicate that physical, psychological, sexual, and economic violence are the most common forms of domestic violence. The dominant factors causing domestic violence include patriarchy, economic dependence, alcohol abuse, and weak law enforcement. The impacts are not only physical, but also psychological and long-term social. This study recommends increasing public education, strengthening victim protection institutions, and stricter law enforcement against perpetrators of domestic violence. Handling domestic violence holistically is the key to creating a safe and healthy family environment.

Hanif Tamam Zuhair

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The mass deportation of Indonesian migrant workers (TKI) from Malaysia is a multidimensional threat to national security, especially in Indonesia's border areas. In 2022–2023, more than 40,000 migrant workers were forcibly repatriated, mostly through North Kalimantan and Riau. Malaysia's strict immigration policies such as Operation Nyah and the implementation of online recruitment procedures accelerate the deportation process and increase migrant workers' vulnerability to exploitation. This journal examines the impact of these deportations on local socio-economic stability, increased cross-border crime, and institutional weaknesses in the management of migrant worker repatriation and reintegration. Using a policy study approach and analysis of deportation data, the paper highlights the need for integrated and responsive security policies and strengthened bilateral Indonesia–Malaysia coordination. Recommendations focus on institutional capacity building, protection of migrant workers' rights, and a human security approach in dealing with the challenges of forced migration.  

Arif Budi Kusuma; Suherman Suherman

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

The purpose of this study is to understand the form of intellectual property regulation that is the object of debt collateral in bank financial institutions and the form of execution of intellectual property that is the object of debt collateral in bank financial institutions in the event of default according to Government Regulation Number 24 of 2022. This study uses a normative legal research method with a statutory regulatory approach and a conceptual approach. The legal materials used include primary legal materials in the form of legislation covering intellectual property and collateral, secondary legal materials in the form of interviews with Rikson Sitorus as Chair of the Legal Analyst Working Group for Copyright and Industrial Design, DJKI, Ministry of Law and Human Rights and Muhammad Fauzy as Coordinator of Intellectual Property Facilitation II, Ministry of Tourism and Creative Economy/Baparekraf, scientific papers and related documents. The validity of legal materials is carried out by harmonizing legal materials in order to find the suitability of legal materials with the issues being answered. Based on the research results, it was found that: (1) Intellectual Property as an object that has a movable and intangible nature, the same as other property rights, can be transferred and assigned to other parties, such as being used as a credit guarantee object by the owner of the intellectual property. PP 24 of 2022 opens up opportunities for all types of IP to be used as bank collateral. (2) Execution of IP as Collateral can be carried out by; if the collateral is bound by fiduciary, it can be executed following the provisions contained in the Collateral Law, if using a contract in creative economic activities, the settlement process is carried out based on the provisions of the existing contract, if using the right to collect in creative economic activities, the right to collect can be executed by demanding payment through a legal process in accordance with the existing agreement.

Nurmalia Dewi; Amanda Kurnia Dwi Putri; Agum Shohefi; Fania Fitri Azkaria; Ulvia Rosayida +2 more

Jurnal Riset Rumpun Ilmu Bahasa 2025 Pusat riset dan Inovasi Nasional

This study aims to identify forms of violations of the right to health services in the implementation of BPJS Kesehatan, analyze the factors that cause them, and formulate preventive and limiting solutions. The research used a descriptive qualitative approach with in-depth interviews with six informants who were active BPJS Health participants in Tanjung Sari, East Jambi. The results showed that there was service discrimination in the form of different treatment between BPJS patients and general patients, patient rejection, administrative obstacles in emergency situations, and unavailability of drugs and medical facilities. Contributing factors include unequal distribution of health facilities, limited human resources, and a weak monitoring system. The experiences of BPJS participants confirm the gap between the program's objectives and the reality on the ground, reflecting a denial of the state's obligation to guarantee citizens' health rights. Comprehensive efforts are needed, including public education, administrative simplification, equitable distribution of health facilities, enforcement of strict sanctions, and active community involvement to realize quality and equitable health services.

Fissilmi Kaffa

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

This journal is entitled Problems of Differences in Land Area Size Between Land Certificates and Facts in the Field. Regulations regarding land ownership are regulated in such a way by the government, but the regulations issued at this time still cannot protect the rights of land owners because until now there are still many problems regarding differences in land area size between land certificates and facts in the field. The purpose of this study is to determine and analyze the causes of changes in land area size in land certificates and efforts to resolve if there is a difference in land area size between land certificates and facts in the field. The method used in this study is empirical legal research, which is a study that will later use empirical facts taken from human behavior through direct observation. The results of the study state that changes in land area size in land certificates are caused by two (2) factors, namely human factors and natural factors. Meanwhile, the resolution if there is a change in land area size in land certificates can be resolved through litigation and non-litigation.

Yeni Vitrianingsih

Nusantara: Jurnal Pengabdian kepada Masyarakat 2025 Pusat Riset dan Inovasi Nasional

Every citizen has the right to get a job. Meanwhile, the work that is necessary for people to live a decent life for humanity is a job that pays enough and does not cause accidents or diseases. Law on Health No. 17 of 2023 Law No. 1 of 1970 on Occupational Safety: This law is the legal basis for the implementation of K3LH in Indonesia. Law No. 13 of 2003: Article 88 paragraph (1) of this Law states that every worker has the right to protection for occupational safety and health.  Permenaker No. 5 of 1996: This regulation regulates the K3 Management System. Meanwhile, getting enough wages in jobs in our country is very difficult and the weak protection of workers, especially regarding freelance daily workers, has not received much attention in the government's observation. Legal protection plays a crucial role in ensuring that K3 coaching runs effectively and sustainably. This includes regulations that require K3 training, the appointment of competent K3 officers, and incident reporting. The main challenges include ineffective supervision and low legal awareness. A robust legal framework, including K3 training, certification, and auditing standards, is essential to encourage investment in quality coaching. Strict law enforcement against K3 violations is also vital to minimize accidents and occupational diseases.

Lisa Anggraini; Yeni Karneli; Puji Gusri Handayani

SOSIAL: Jurnal Ilmiah Pendidikan IPS 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Right thinking requires means or tools of thinking. This means is certain, so scientific activity will not be maximized without the means of scientific thinking. Mastery of scientific tools is very important for scientists in order to carry out scientific activities properly. The type of writing in this article is literature revieu or literature, the data is described descriptively, so that it shows a scientific study that can be further developed. The results of this study are that the stages of scientific activity require tools in the form of scientific thinking tools. The means of scientific thinking serves only as a tool for humans to think scientifically in order to gain knowledge. Language is a means of communicating systematic ways of thinking in acquiring knowledge. Without language skills, a person will not be able to carry out scientific activities systematically and correctly. Logic as a means of scientific thinking directs humans to think correctly in accordance with the rules of correct thinking. Logic helps humans to think systematically which can be accounted for. If you want to do thinking activities correctly, you must use logical thinking rules. Logic can distinguish between correct thinking processes and incorrect thinking processes. Mathematics is a means of deductive thinking, so people can use statistics for inductive thinking. Deductive thinking and inductive thinking are needed to support correct scientific activities so that they will produce correct knowledge as well. Statistics should not be underestimated by people who want to be able to carry out scientific activities properly. Mastery of statistics is necessary for people who will draw valid conclusions. Statistics must be seen as equal to mathematics.

Witasya Aurelia Sulaeman; Beniharmoni Harefa; Handar Subhandi Bakhtiar

International Journal of Social Welfare and Family Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Child sexual exploitation is a severe violation of human rights that demands a firm and multidimensional legal response. This study aims to identify the underlying causes of child sexual exploitation and to analyze and compare law enforcement practices against such crimes within the legal systems of Indonesia and Malaysia. The research employs a normative juridical method with a comparative law approach. The findings reveal that the contributing factors in both countries include weak legal enforcement, socio-economic vulnerability, misuse of digital technology, and prevailing cultural norms. In terms of punishment, Indonesia has introduced chemical castration as an additional sanction under Government Regulation No. 70 of 2020, while Malaysia imposes imprisonment and caning based on the Penal Code and the Child Act 2001. Despite having comprehensive legal frameworks, Indonesia continues to face challenges in implementation, such as inadequate law enforcement sensitivity and insufficient psychosocial support for victims. The comparative analysis indicates that legal effectiveness relies not only on statutory provisions but also on institutional commitment to uphold justice and child protection.

Sahla Aulia; Muhammad Zenal Muttakin; Ramma Fawaz Abqari; Putri Ayu Salsabila

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

This research aims to examine the role of the Constitutional Court (MK) in protecting and guaranteeing the right to education as part of human rights and the constitutional rights of Indonesian citizens.Education enshrined in Article 31 of the 1945 Constitution of the Republic of Indonesia is a fundamental right of every citizen that must be fulfilled by the state without discrimination.However, in its implementation, there are still gaps in access and violations of constitutional rights, especially for vulnerable groups and communities in marginalized areas. This research raises two main issues: (1) the gap in access and quality of education experienced by vulnerable groups and how the Constitutional Court protects those rights; and (2) violations of constitutional rights in the field of education.