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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.

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.

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.

Servasius Edwin Telaumbanua; Yasmirah Mandasari Saragih; Bonar Yudhistira; Elisabeth Saragih; Tengku Ikhsan Ansyari Husni

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Terrorism is an extraordinary crime that poses a serious threat to both national and international security. Law enforcement efforts against such crimes face complex challenges, particularly in the evidentiary process. The process of proving terrorism-related offenses involves not only formal legal procedures but also substantive aspects, including the role of intelligence, the use of information technology, and the protection of human rights. This study aims to comprehensively examine the obstacles encountered by law enforcement authorities in proving acts of terrorism and to propose normative and practical solutions based on the development of national criminal law. The research employs a normative juridical approach, utilizing secondary data sourced from legislation, legal literature, and scholarly journals. The findings highlight the need for a reformulation of evidentiary approaches that are more adaptive to modern terrorism modus operandi, as well as the importance of enhancing cross-sectoral and international cooperation in the enforcement of anti-terrorism laws in Indonesia.

Dedi Anton Ritonga; Muhammad Ichsan

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Human Rights (HAM) are a universal concept that guarantees the freedom and dignity of every individual. From a Western perspective, human rights emerged from a long historical experience marked by oppression, absolutism, and the struggle for individual freedom, thereby emphasizing secular, rational, and individualistic aspects. Meanwhile, in the Islamic perspective, human rights are not only rational and social in nature but also theological, as they originate from divine revelation and are part of human nature (fitrah). Islam views human rights as fundamental rights granted by Allah SWT to all of humanity, which must be respected and protected, with an emphasis on the balance between rights and obligations, as well as between individual freedom and the interests of society. One of the fundamental differences between the two is that human rights in Islam are theocentric, based on the revealed teachings of the Qur'an and Hadith. In contrast, Western-secular human rights are anthropocentric, founded upon philosophical thought as their main foundation.

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.

Wawan Juandi; Nahe'i Nahe'i; Muhyiddin Khotib

International Journal of Islamic Religious Studies and Sharia 2025 International Forum of Researchers and Lecturers

This study explores the ethical perspectives of genetic editing from two distinct frameworks: Islamic bioethics and global medical ethics. Both ethical systems emphasize the protection of human dignity and the prevention of harm, aligning with the broader goal of promoting health. However, significant differences emerge when addressing the issue of genetic editing, particularly in relation to human procreation. While global bioethics focuses on universal human rights, Islamic bioethics introduces religious principles rooted in Sharia law, such as Maqasid al-Sharia (objectives of Sharia) and Maslahah (public interest), to guide the ethical evaluation of genetic technologies. The findings reveal that while both frameworks agree on the importance of medical necessity, the treatment-enhancement distinction plays a critical role in Islamic perspectives, leading to more cautious stances on genetic modifications aimed at enhancing non-medical traits. The study also underscores the cultural and regional variations in Islamic bioethics, reflecting how different Islamic schools of thought impact fatwa decisions on genetic editing. In comparison, global bioethics aims to establish universal principles, often focusing on human rights, equality, and equity. The paper concludes by recommending more inclusive discussions between Islamic scholars and global bioethicists to bridge the gap between religious ethics and global standards. This would help ensure that genetic technologies are applied ethically, respecting both cultural values and universal human rights, and addressing the challenges posed by emerging genetic technologies.

Rengga Kusuma Putra; Lita Tyesta Addy Listya Wardhani; Edvardas Juchnevicius; Sandra Leoni

Discourse on Law and Society 2025 International Forum of Researchers and Lecturers

The rapid advancement and integration of Artificial Intelligence (AI) into diverse sectors of society have generated complex ethical and human rights challenges. Technologies involving surveillance, data collection, algorithmic decision-making, and facial recognition pose significant risks to privacy, equality, and freedom of expression. This study examines the intersection of AI and human rights through a comparative analysis of regulatory frameworks in the European Union (EU), the United States (US), and Asia. Employing a comparative legal approach, the research analyzes international and national regulatory instruments, including the EU AI Act, the General Data Protection Regulation (GDPR), and China’s Personal Information Protection Law (PIPL). Case studies of AI-related human rights violations, such as algorithmic bias and discrimination, are incorporated to illustrate real-world implications. Findings reveal substantial differences in governance approaches: the EU emphasizes a risk-based model prioritizing human rights protections, while the US and Asia adopt more fragmented or centralized strategies. The study underscores the urgent need for global regulatory harmonization to safeguard fundamental rights and promote ethical AI development. By highlighting both strengths and limitations of existing frameworks, the research contributes to ongoing debates on balancing innovation with accountability, transparency, and human rights protection in the digital era.

Faturrohman Faturrohman; Analisa BR Gurusinga; Karina Agata Putri

Jurnal Relasi Publik 2025 International Forum of Researchers and Lecturers

Responsibility for human crimes is regulated in legislation, which is a very important topic in a country. Responsibility for a crime committed by humans includes several aspects, including an understanding of what is the basis of a crime, who is responsible for the crime, and how the legal system handles the violation.In many legal systems, liability for a crime usually includes three main elements: awareness (mens rea), action (actus reus), and the impact of the action. Awareness refers to the perpetrator's intention or knowledge when committing an act that is considered a crime. Action refers to a physical act or behavior that violates the law, while impact refers to the consequences of that action, either directly or indirectly.This legislation regulates various types of crimes and establishes sanctions or penalties for violations. These sanctions may vary depending on the severity of the crime, factors influencing the perpetrator, and other considerations. For example, minor crimes may only be punished by a fine or short prison sentence, while serious crimes can result in long-term prison sentences or even the death penalty in some jurisdictions.

Nurma Harana Mora Siregar; Sakinah Azzahra Hsb; Uswatun Hasanah

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study explores the Islamic perspective on Human Rights (HR) through a qualitative approach based on literature review. It emphasizes that the principles of human rights are not foreign to Islamic teachings, but are inherently embedded in the values of Sharia derived from the Qur'an and Hadith. Islam upholds justice, freedom of religion, equality, the right to life, and social and economic welfare. The article also examines contemporary challenges faced by Muslim societies in implementing human rights, such as gender inequality, restrictions on religious freedom, and the marginalization of vulnerable groups, including the LGBT community. The findings reveal that the tensions between Islamic principles and international human rights standards often stem from differing normative foundations and interpretations of individual freedom. Therefore, a contextual reinterpretation (ijtihad) is necessary to ensure that Islamic values remain relevant and responsive to modern global challenges. The study concludes that, when applied wisely and aligned with universal humanitarian values, Islamic teachings hold significant potential to contribute to the development of a just, inclusive, and dignified society.

Andika Kelvin Franata Pakpahan; Bambang Fitrianto; Nico Saputra Nasution; Ahmad Ridwan Nasution

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

The enforcement of fair and transparent justice requires a firm guarantee of the principles of fair trial and open justice within the judicial system. These two principles are fundamental to the protection of human rights and serve as essential mechanisms to ensure the accountability of judges as executors of judicial power. This study aims to analyze the implementation of fair trial and open justice principles in judicial oversight practices through the instruments of legal memorandum and public examination (eksaminasi). This research employs a normative method with a statutory and document-based approach. The findings indicate that although not formally regulated as part of Indonesia’s judicial oversight system, legal memoranda and examinations play a significant role in enabling public participation and control over judicial independence and integrity. Strengthening these instruments can serve as an effective strategy to realize an accountable, transparent judiciary that upholds procedural justice.

Zacky Ahmad Fauzy

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

The political crisis in Myanmar following the 2020 election and the 2021 military coup has created instability in both domestic and international security. This study employs a qualitative method with a literature review approach to analyze the impact of the coup on regional security and ASEAN's response. The findings reveal that the coup led by General Min Aung Hlaing's military junta not only threatened Myanmar's democracy but also triggered human rights violations, economic crisis, and refugee exodus. ASEAN, through mechanisms such as the ASEAN Institute for Peace and Reconciliation (AIPR), has attempted to mediate the conflict using a non-interventionist approach, yet its effectiveness is considered weak compared to sanctions imposed by Western countries such as the United States and the European Union. The main challenges for AIPR include its limited mandate, divergent interests among member states, and ASEAN's principle of respecting national sovereignty. This study concludes that a sustainable solution requires a multidimensional approach involving both international pressure and inclusive dialogue with all stakeholders in Myanmar.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Saela Noviana; Noviana Nurfitriani; Teshana Mutiara Hati

Jurnal Pendidikan dan Kewarganegara Indonesia 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

Human rights must be weighed against the state's interests, especially in a multicultural society. The concept of multicultural citizenship often conflicts with state policy priorities they defense of personal liberties. The state must recognize and protect cultural, religious, and ethnic diversity. Inversely proportional, social stability and national integration are top priorities. This study examines different theories of citizenship, the fundamentals of the rule of law, as well as the  problem of managing diversity in a democratic legal system. A descriptive qualitative approach is used in this study to examine policies and regulations related to multicultural citizenship in Indonesia and how they impact human rights and national interests. The results show that despite regulations that assist inclusion, the application of  anti-discrimination and the use of  policies is still difficult. Therefore, to accept diversity without sacrificing human rights or national interests, more equitable, inclusive, and flexible policies are needed.

Nikson Yusuf; Yusrianto Kadir; Ibrahim Ahmad

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

Intelligence is closely related to the state, because intelligence functions as an important tool and instrument to maintain the security and sovereignty of the state. Intelligence helps the state in identifying, analyzing, and overcoming threats, both from within and outside the country, and supports the formulation of effective security and defense policies so that appropriate steps can be taken to protect national interests. This writing uses a normative legal research method, namely legal research conducted by examining library materials or secondary data, also called doctrinal research, where law is often conceptualized as what is written in laws and regulations (law in books) or conceptualized as rules or norms that are benchmarks for human behavior. Intelligence at the practical level plays a role as the vanguard in the national security system. The provisions of Law Number 17 of 2011 concerning State Intelligence. which is the legal umbrella for intelligence organizers in carrying out intelligence duties and functions, where the essence of state intelligence is the first line in the national security system. Forms of legal protection for Intelligence Agency agents guaranteed by the state include personal protection, family protection, security protection, welfare protection and supervision.

Syabilal Ali; Slamet Tri Wahyudi; Handoyo Prasetyo; Handar Subhandi Bakhtiar; Irwan Triadi

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

Forced marriage of child victims of rape is a phenomenon that places children in a position of double victimization, both as victims of sexual crimes and as subjects who lose their human rights to determine their future freely and with dignity. This research aims to examine forced marriage in the framework of sexual violence against children from the perspective of criminal law and human rights. In its approach, this research uses a normative juridical method with a statutory approach, conceptual approach, comparative approach, and case approach. The results show that forced marriage not only violates children's rights to protection from sexual violence as stipulated in Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence, but also violates the principles of non-discrimination, the best interests of the child, and the right to physical and psychological integrity as guaranteed in the Convention on the Rights of the Child (CRC) and other international human rights instruments. This research emphasizes the importance of legal recognition of forced marriage as a form of sexual violence and the need for a comprehensive policy in the handling and recovery of child victims.

Muhammad Haizul Falah; Yetti Hidayatillah

Jurnal Pendidikan dan Kewarganegara Indonesia 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

This study aims to analyze the use of the representative documentary Jalanan produced in 2013 as a learning medium in Pancasila education subject through the Piloting a Constructive Feedback (PCF) approach for tenth-grade students at SMA Muhammadiyah 2 Paciran. A qualitative descriptive method was employed, with data collected through observation, closed and open questionnaires, and informal interviews. The results indicate that the documentary effectively facilitates students’ understanding of Pancasila values, particularly social justice, humanity, and the rights and responsibilities of citizens. The implementation of the PCF model encourages active student engagement in providing feedback, critical thinking, and reflecting on the meaning of the film both personally and socially. Student responses revealed an increase in empathy and awareness of social issues that were previously underappreciated. This study confirms that social-reality-based documentary media can serve as a contextual learning alternative relevant to the characteristics of Generation Z and Alpha, and is effective in strengthening value-based learning in Pancasila Education.

Jekli Tosubu; Robby Waluyo Amu; Ibrahim Ahmad

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The implementation of police discretion in the process of investigating criminal defamation cases shows that discretion is an important instrument for police officers in assessing, determining, and following up on a criminal report based on urgency, public interest, and the principles of proportionality and professionalism. In cases of defamation, which are often subjective and private, discretion allows investigators to consider various factors such as motive, impact, and the possibility of resolution outside the criminal path. Factors Affecting the Implementation of Police Discretion in the Process of Investigating Criminal Defamation Cases show that discretion is not carried out absolutely, but is influenced by various internal and external factors, namely: Legal and Regulatory Aspects, Case Characteristics, Professionalism and Ethics of Investigators, Social and Environmental Pressure, Facilities and Resources. Police Discretion should be regulated more clearly in positive law other than Law Number 2 of 2002 and the Criminal Procedure Code so that the principles of Legal Certainty and Respect for Human Rights are more apparent. Police offices need to provide special facilities such as mediation rooms that are neutral, comfortable, and support the creation of a dialogical atmosphere between the disputing parties. Increasing the number of investigators and managing a more balanced workload will provide space for investigators to consider the discretionary path more seriously without sacrificing work efficiency. The Standard Operating Procedure (SOP) for discretion at the Polres level needs to be adjusted to local socio-cultural characteristics. In Gorontalo, for example, a legal approach that is sensitive to family values and customs must be officially accommodated in work procedures.

Edward Benedictus Roring

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The democratic journey of the Indonesian nation has always experienced quite brilliant ups and downs and is not in accordance with the norms of good civility. By disobeying various things that always prioritize various principles of democracy and social life for society. The Constitutional Court (MK) as an institution that safeguards the constitution and protects the supremacy of law in Indonesia plays an important role in ensuring the sustainability of democratic principles and the protection of human rights. However, in recent years, the dignity of the Constitutional Court has often been questioned due to various controversies surrounding the integrity, independence and legitimacy of this institution. This article aims to analyze the causes and impacts of the collapse of the MK's dignity on legal governance and democratic stability in Indonesia. Using a normative-empirical approach, this article discusses the challenges faced by the Constitutional Court, including political interference, external pressure, and internal problems related to the code of ethics and professionalism of judges. This study found that the legitimacy crisis experienced by the Constitutional Court not only damaged the credibility of the institution but also threatened the stability of the law and constitutional order in Indonesia.

Daud, Adolvina; Ahmad, Ibrahim; Ismail, Nurwita

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

This study examines the universal concept of human rights as fundamental to all individuals. Human rights reflect dignity, equality, autonomy, and legal protection, and must be ensured by the state. Although broadly accepted, continuous education and public awareness—especially for marginalized groups—remain essential. In Gorontalo Province, the Ministry of Law and Human Rights’ Regional Office plays a pivotal role in responding to alleged human rights violations through its Community Communication Services Program, as regulated by Ministerial Regulation No. 23 of 2022. Using an empirical legal approach, the study gathers data through literature reviews, legal documents, and interviews with relevant stakeholders. Findings show that the Regional Office serves as a key constitutional institution promoting access to justice and upholding legal protections. Its activities include handling public complaints, forming investigative teams, and coordinating with law enforcement and legal aid bodies. Legal aid—both state-sponsored (pro deo) and volunteer-based (pro bono)—emerges as a crucial tool for promoting justice, especially for the underprivileged. The structured complaint mechanism under Ministerial Regulation No. 23 of 2022 strengthens the state’s role in ensuring equality before the law and fulfilling its constitutional obligations to protect human dignity and human rights.