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Rizqi Hidayat Mizan; Rizanizarli Rizanizarli; Sulaiman Sulaiman

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study analyzes the legal protection of children as perpetrators of rape within Indonesia’s national legal system and Aceh’s Qanun Jinayat, focusing on the Syar’iyah Court’s decisions that often fail to confirm the fulfillment of children’s rights to education, rehabilitation, and reintegration. Although the principle of the best interests of the child requires comprehensive protection, the absence of clear implementing regulations has created uncertainty. Using a normative juridical method with legislative and case approaches, the research draws on secondary data enriched with primary data and qualitatively analyzed. The findings show that both national law and Qanun Jinayat emphasize child protection based on the best interests principle. National law mandates special procedures such as mentoring, closed hearings, psychological assessments, and diversion, while Qanun Jinayat, through Article 50, stipulates lighter and proportionate uqubat for children. These frameworks complement each other in ensuring education, psychological recovery, and social reintegration. However, several Syar’iyah Court decisions have not explicitly included recovery rights, resulting in ineffective protection and legal uncertainty. The study recommends that the Syar’iyah Court explicitly incorporate children’s rights to education, rehabilitation, and reintegration in its verdicts. Furthermore, the Aceh Government should issue Standard Operating Procedures or Governor’s Regulations to provide a clear legal basis for implementing child uqubat in line with the Juvenile Criminal Justice System.

Fadil Sidik Fatahilah; Prahasti Suyaman

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

Divorce often creates new problems, one of which is related to child custody and visitation rights for parents who do not have custody. Prohibiting visitation by the custodial parent not only violates the rights of the non-custodial parent, but also disregards the child's right to receive affection from both parents. The purpose of this study is to examine the types of legal protection available to non-custodial parents who are prohibited from seeing their children. This study uses a normative legal research method with a statutory approach. Data collected from interviews with legal practitioners and parties who have experienced similar problems are included in this study. The results show that prohibiting parents who have custody from meeting their children is against the law and contrary to the principle of the best interests of the child. Parents who do not have custody rights can file a lawsuit to revoke custody rights, as stipulated in SEMA No. 1 January 2017. This study emphasizes the importance of the law in balancing the rights and obligations of parents after divorce for the best interests of the child.

Chaudhary , Himanshu; Sharma, Meenu

SocioHumania: Journal of Social Humanities Studies 2025 Yayasan Mabadi Iqtishad Al Islami

India faces a persistent civic deficit reflected in weak civic sense, low compliance with public norms, and a structural imbalance between rights and duties. Although ancient Indian traditions emphasized collective responsibility, colonial legacies, institutional weaknesses, and growing socioeconomic disparities have eroded civic culture. This study employs qualitative content analysis using historical texts, constitutional provisions, judicial interpretations, comparative international case studies, and interdisciplinary scholarly literature. Thematic coding is used to analyze the socio-legal, political, and educational roots of India’s civic deficit. Findings reveal that India’s civic deficit stems from interconnected structural factors: weak enforcement of laws, lack of experiential civic education, limited trust in institutions, political interference, and socioeconomic inequality. Comparative insights from Japan, Nordic countries, Singapore, and Brazil demonstrate that civic sense improves when experiential education, strong institutional integrity, and participatory governance coexist. Addressing India’s civic deficit requires systemic reforms: reorienting civic education toward experiential learning, strengthening judicial independence, enforcing rules consistently, expanding participatory mechanisms, and promoting community-level ownership. Comparative models show that long-term cultural change requires both structural reforms and citizen-centered engagement.

Dony Kusuma Madani

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

Intellectual Property Rights (IPR) have the potential to be recognized as an object of Rahn Tasjily collateral because they meet the criteria of property that can be transferred in accordance with the principles of muamalah in Islamic banking. However, its implementation faces legal challenges, particularly related to the dualism between the provisions of Fiduciary Guarantee (UUJF), which contains potential riba and gharar, and the DSN-MUI Fatwa No. 68/2008, which rejects such non-Sharia elements. This study aims to analyze the position of IPR as marhun according to the principles of muamalah and to identify substantial barriers in its application in Islamic Financial Institutions (LKS), particularly in the aspects of valuation and execution. The method used is normative law with an approach to regulations and concepts, analyzed descriptively and qualitatively using secondary data. The study concludes that the conflict between UUJF and Rahn Tasjily, the high risk of gharar in valuation, and the delays in execution due to the Constitutional Court's decision, highlight the urgent need for OJK and DSN-MUI to issue technical regulations to harmonize and mitigate risks in accordance with Sharia principles.

Fery Suryono

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

This research undertakes a comparative analysis of the concept of divorce within the frameworks of Islamic Family Law and Buddhist Ethics. Marriage, recognized as a profound bond of both physical and spiritual union, holds significant value in both religious traditions. However, contemporary social realities reveal a high incidence of divorce, prompting a critical examination of the legal and ethical mechanisms governing its dissolution. Within Islamic jurisprudence, divorce (talak) is permitted but considered detestable by Allah, governed by stringent procedural mechanisms including talak (the husband’s right), khulu’ or gugat cerai (the wife’s right to initiate), and fasakh (judicial intervention). These processes carry clear legal implications concerning the waiting period (iddah), the possibility of reconciliation (rujuk), and the division of marital property. Conversely, while Buddhism does not explicitly prohibit divorce, the teachings of the Buddha strongly encourage spouses to exhaust all avenues for peaceful conflict resolution before considering separation as a last resort. The ethical framework in Buddhism grants equal rights to both parties to dissolve the marriage. This study employs a qualitative descriptive analytical method through library research, drawing upon primary legal texts such as Indonesia’s Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law (KHI) for Muslims, alongside the Vinaya Pitaka for adherents of Buddhism. The findings indicate that while both traditions view divorce as a final option, they diverge fundamentally in their legal structures; Islamic law establishes specific, gender-differentiated rights and obligations, whereas Buddhist ethics emphasize mutual consent and personal responsibility without formal legalistic procedures. The research concludes by recommending that couples, regardless of faith, prioritize reconciliation and peace, aligning with the core principles of both religions, and urges policymakers and legal practitioners to promote harmonious family life and reconsider legal frameworks that might better serve the welfare of children and families.

Emmy Rachmasari

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

This research examines the legal vulnerability of Foundation assets whose land title certificates (SHGB) are still registered under the name of the founder or management, which can lead to disputes after the founder's death. The case of Vihara Thien En Thang reflects this issue, where conflict arose when the founder's heirs claimed the land as part of the inheritance. Through false statements, they successfully issued a Replacement HGB Certificate, while the original certificate was still held by the Foundation. The main objective of this research is to analyze the legal status of the deed of gift made by the founder to the Foundation and the legal implications of issuing the Replacement HGB Certificate based on false data. This study uses a normative legal method (juridical normative), with a statute approach and conceptual approach. Secondary data, consisting of primary, secondary, and tertiary legal sources, was collected through literature study and analyzed descriptively and qualitatively. Thus, this research aims to provide an understanding of its vulnerabilities and offer recommendations for protecting the legitimate assets of the Foundation.

Putu Lisa Putri Maharani

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The development of digitalization has brought significant progress in the dissemination and accessibility of creative works, particularly through digital platforms that enable rapid and widespread distribution. The digitalization of creative works provides significant opportunities for creators and the creative industry to expand market reach and increase creative productivity. However, on the other hand, this progress also poses various challenges, particularly related to the increase in copyright infringement such as piracy, unauthorized duplication, and illegal distribution of digital content. This article aims to examine criminal acts against copyright infringement in the digital era based on Law Number 28 of 2014 concerning Copyright. The research methods used are literature study and case analysis to identify types of digital copyright infringement, the application of criminal law, obstacles in law enforcement, and possible solutions. In addition, this article also analyzes the effectiveness of applicable legal regulations and the impact of copyright infringement on the sustainability of the creative industry. The results of the study indicate that firm and adaptive law enforcement to technological developments is crucial to protect creators' rights and maintain the sustainability of creativity in the digital era.  

Annisa Fitira; Rahayu Subekti

Prosiding Seminar Nasional Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Informed consent constitutes a fundamental legal and ethical requirement in healthcare services, ensuring that every medical action is performed with the patient’s full awareness and voluntary approval. In Indonesia, the obligation to obtain informed consent is firmly regulated under the Health Law No. 17 of 2023, the Minister of Health Regulation on Medical Consent, and provisions on medical records. This paper examines the essential role of informed consent as a protective instrument for both patients and healthcare providers within the clinical and legal framework. Informed consent guarantees patients’ rights to information, autonomy, and decision-making, while providing legal safeguards for medical practitioners by documenting the process of explanation, acceptance, or refusal of medical treatment. Proper documentation within medical records ensures accountability, continuity of care, and serves as crucial evidence when medical disputes arise. Medical disputes often stem from dissatisfaction, communication gaps, or misunderstandings about risks inherent in medical procedures. Therefore, informed consent functions not merely as an administrative requirement but as a mechanism for preventing conflict, clarifying responsibilities, and distinguishing unavoidable medical risks from professional negligence. By strengthening the implementation of informed consent, healthcare providers can enhance transparency, improve service quality, and reduce the likelihood of medical litigation.  

Marsha Afrilia Putri; Susilowati Suparto; Yani Pujiwati

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

Based on Article 19 of the UUPA in conjunction with Article 37 paragraph (1) of PP 24/1997, the transfer of land rights through sale and purchase can only be registered if proven by a PPAT deed. However, because the process of fulfilling the requirements is quite complicated, people often buy and sell land verbally without following formal procedures. Regarding this practice, Decision Number 5592 K/Pdt/2024 is interesting because the Supreme Court has confirmed the validity of verbal land sales. This case study aims to understand the legal considerations in the decision in terms of contract law and the provisions of the Land Registration Regulation, as well as how the decision is implemented. The method used is a legal-normative approach through a review of legislation and court decisions, with a qualitative legal analysis of land sales and the implementation of the decision. The results of the study show that verbal land sales are valid according to Article 1320 of the Civil Code, but cannot be registered as a transfer of rights because Article 37 of Government Regulation No. 24/1997 requires a PPAT deed. Court decisions that have permanent legal force but are not voluntarily implemented can be enforced through the District Court with a 14-day aanmaning process, and if they are still ignored, execution will be carried out. If the forced execution does not go according to plan, the parties concerned can file a request for cancellation of the legal product based on Articles 38-40 of Agrarian Ministerial Regulation No. 21/2020.

Dikriyah Dikriyah; Nikhlah Ziyadaturrohmah; Siti Nur Azizah Azizah; Agus Ali Dzawafi

A comparison between classical and contemporary interpretations regarding the law of theft contained in Surah Al-Mā’idah verse 38, which stipulates the punishment of hand amputation for theft. This verse has long been the basis of Islamic jurisprudence, but its interpretation has evolved over time. The method used is qualitative with a literature study approach, which examines classical sources of interpretation such as Tafsīr al-Qurṭubī and contemporary interpretations such as al-Mishbāḥ. The research findings show that classical interpretations view this verse textually and normatively, with a focus on the application of hudud law as a form of justice and protection of property rights, as well as the imposition of strict conditions to avoid misuse. Meanwhile, contemporary interpretations view this verse contextually and humanistically, paying attention to social, economic, and humanitarian conditions. The punishment of hand amputation is understood not only as physical punishment, but also as a tool for moral education, crime prevention, and protection of community welfare. Although both share the same goal of upholding justice and safeguarding the welfare of the people, contemporary interpretations emphasize a more flexible application of law to align with the values ​​of social justice in the modern era. Thus, this study emphasizes the importance of contextualizing the understanding of Islamic law without neglecting the principles of sharia, which balance justice, humanity, and the welfare of the people.

Aziz Widhi Nugroho; Retno Eko Mardani; Rengga Kusuma Putra; Satriya Nugraha; Linda Ikawati +5 more

Jurnal Pengabdian Masyarakat dan Transformasi Kesejahteraan 2025 Lembaga Pengembangan Kinerja Dosen

A clear national insight can guarantee the achievement of national interests, both internally and externally. This means that national insight provides a clear picture and direction for the nation's survival, as well as the future development of the nation and state. The organization of national and state life must proceed on the basis of mutual agreement, namely Pancasila, the 1945 Constitution, the Unitary State of the Republic of Indonesia (NKRI), and Bhinneka Tunggal Ika (Unity in Diversity). Indonesia's existence as a state based on the rule of law (rechtstaat) based on Pancasila and the 1945 Constitution requires the development of Pancasila ideology and national insight as instruments that serve as catalysts or drivers in strengthening national insight and spirit, love of the homeland, democracy, legal awareness, respect for diversity, and participation in building a Pancasila-based nation in Wonogiri, especially among intellectuals. In accordance with its function, the Pancasila Ideology and National Insight Development organizes national, democratic, legal, multicultural and citizenship education to support the realization of citizens who are aware of their rights and obligations, as well as intelligent, skilled and have character so that they can be relied upon to build the nation and the Unitary State of the Republic of Indonesia.

Windi Anggraeni; Syira Ramadani

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

In Indonesia, copyright infringement in the music sector continues to be a significant issue, particularly when musical works are commercially exploited by businesses. This study examines the accountability of businesses towards music royalty payments through a case study of Mie Gacoan and the Collective Management Institute (LMK) SELMI. The research method used is normative juridical with additional research data collected through literature review, including related regulations and various previous studies on music copyright protection. The results of the study confirm that businesses are obliged to pay royalties for the use of copyrighted works, as stipulated in Law Number 28 of 2014 and Government Regulation Number 56 of 2021 concerning Song/Music Royalty Management. The dispute between Mie Gacoan and LMK SELMI demonstrates the weak awareness of businesses regarding legal obligations and highlights the importance of the LMK's role in ensuring the fulfillment of creators' economic rights. This study emphasizes that legal certainty, the level of public awareness of the law, and consistency in law enforcement are important factors in realizing copyright protection in Indonesia.

Henry Surya Wicaksono; Krisnadi Nasution

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The weak mechanism for royalty payments to songwriters in Indonesia, despite Law No. 28 of 2014 on Copyright clearly regulating moral rights and economic rights. In practice, there are still various violations in the form of unauthorized use of songs, low compliance with royalty payments, and suboptimal performance of Collective Management Organizations (CMOs) and National Collective Management Organizations (NCMOs). This study aims to analyze the concept of songwriters' economic rights, the mechanism for managing royalties, and the effectiveness of legal protection in its implementation. The research method uses a normative juridical approach by examining laws and regulations as well as conceptual data related to copyright management. The results show that although regulations have provided a strong legal basis, the implementation of royalty payment mechanisms still faces structural and technical obstacles, including the transparency of CMOs, the legal awareness of users of works, and weak law enforcement against violations. This study emphasizes the importance of improving the mechanisms for collecting and distributing royalties so that the protection of the economic rights of creators can be carried out effectively and fairly.

Ariedasita Calleza Aulia; Rahma Khoirun Nisa; Sharofina Putri Endiana; Endrise Septina Rawanoko

Jurnal Pendidikan dan Kewarganegara Indonesia 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

This study aims to analyze the improvement of students’ knowledge and the alignment of the Civic Education learning model with the characteristics of third-grade students at SDN Kadipiro. The research problem arises from the tendency of Civic Education in elementary schools to rely heavily on lecture-based instruction, which results in low student engagement and limited comprehension of abstract concepts such as rights and obligations. A descriptive qualitative approach was employed through observations, interviews, and documentation to obtain a comprehensive picture of the learning process, the instructional model applied, and classroom dynamics. The findings reveal that the teacher implemented a game-based Discovery Learning model that emphasizes exploration, categorization, verification, and independent conclusion-making by students. This model proved effective, as evidenced by 85% of students being able to understand and distinguish examples of rights and obligations in accordance with the Civic Education learning outcomes. The study also indicates that game-based learning is more compatible with the students’ predominant visual and kinesthetic learning tendencies, enabling them to maintain focus more effectively than when using traditional lecture methods. However, several challenges emerged, including variations in students’ writing literacy skills and the absence of a structured assessment rubric. These findings underscore the need for flexible instructional design, the integration of concrete learning media, and the implementation of more systematic formative assessment practices. Future research is recommended to develop differentiated instructional strategies and to utilize more diverse media to accommodate the needs of heterogeneous classrooms.

Fiola Amabel Yohana Sinaga; Susilowati Suparto; Hazar Kusmayanti

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

This study examines the legal protection of children born from Toba Batak customary marriages that are not officially registered by the state. In Toba Batak customary law, a marriage is considered valid after all traditional ceremonies have been carried out, so that the child is recognized by the father's clan and social status within the customary community. However, state law requires marriage registration to ensure the certainty of the parents' legal status and the fulfillment of the child's civil rights. The absence of marriage registration has legal consequences in the form of limited recognition of the civil relationship between the child and the father, which impacts identity registration, access to public administration services, and the fulfillment of inheritance rights. This study uses a normative juridical method with analytical descriptive specifications through a review of laws and regulations, legal literature, and court decisions. The results show that preventive legal protection is realized through marriage registration to guarantee the child's right to identity. Meanwhile, repressive legal protection can be achieved through court decisions supported by valid evidence to confirm the child's legal status and ensure the fulfillment of their basic rights.

Nita Ayuningsih; Mokhamad Fajar Zihady Faturrahman; Vania Aulia; Rayi Kharisma Rajib

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The strong bargaining power imbalance in the formation of sales contracts, particularly in standard contracts unilaterally drafted by business actors, undermines the principle of freedom of contract, as it is not accompanied by the principle of balance that should ensure a proportional distribution of rights and obligations. This study aims to identify legal issues arising from such imbalances and examine how the principle of balance can be effectively implemented to achieve contractual justice. Using a normative juridical method and conceptual, statutory, and comparative approaches, the research finds that exoneration clauses, unilateral clauses, and “take it or leave it” practices are the primary causes of the loss of substantive consensus in standard contracts. The findings indicate that existing legal protections are still insufficient to prevent the dominance of business actors an issue increasingly evident in the rapidly growing digital sector. The study highlights the need for stronger supervisory instruments, greater transparency in contract drafting, and the reformulation of standard clauses to better reflect proportionality. It also opens opportunities for further empirical research to assess the effectiveness of applying the principle of balance in everyday contractual practices.

Dhamar Ibrahim Kadista Putra; Sorayya Febby Kalkautsari; Moh. Faizin; Adhisti Muthia Syawali

Jurnal Pendidikan Anak Usia Dini dan Kewarganegaraan 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

Pancasila, as the foundational ideology of Indonesia, plays a fundamental role in shaping a democratic system and ensuring the protection of human rights based on justice. From Yusril Ihza Mahendra’s perspective, Pancasila is not merely a normative ideology but serves as a political and legal paradigm that integrates the values of divinity, humanity, unity, democracy, and social justice into the practice of governance. According to Yusril, Indonesian democracy cannot be equated with Western liberalism, which emphasizes individual freedom; rather, it is a constitutional democracy grounded in the moral and spiritual foundations of Pancasila. The values of Pancasila position human rights in a balanced relationship between rights and responsibilities, as well as between individual and collective interests of the nation. Thus, democracy and human rights, in Yusril’s view, are integralistic—citizens’ freedoms are directed toward realizing social j  ustice and order in national life. This article aims to examine Yusril Ihza Mahendra’s thoughts on the relationship between Pancasila, democracy, and human rights, and their relevance within the context of Indonesia’s contemporary constitutional system.

Amaliya, Fadhilatul; Pembayun, Dewi Sekar; Roozan, Tiara Jelita Andalusianti; Aequo, Najwa Justitia; Fathiya, Anindya Rahma

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

The 17+8 demands voiced by the public reflect the accumulation of disillusionment with various government policies and violations committed, especially by the House of Representatives (DPR). Policies that are considered unfair and detrimental to the public trigger a strong push to carry out reforms that are more democratic and oriented towards the interests of the people. Various factors such as human rights violations, lack of transparency and accountability, economic inequality, and polemics related to official allowances are the main triggers for the birth of these demands. The demands of 17+8 not only contain burdens or criticisms, but also contain short-term and long-term goals that can be the basis for improving governance. This momentum should be seen as a strategic opportunity to strengthen democracy, improve state-citizen relations, and restore public trust. If these demands are taken seriously, the government has the potential to reduce the legitimacy crisis and improve the quality of public services. On the contrary, ignoring such demands can deepen public distrust and worsen political stability. Thus, the demands of 17+8 are an important signal for the need for structural change and a real commitment to realizing a fairer, more transparent, and responsive government.

Zahra Nur Fadzilah; Ikhwanudin Alya Rahman; Salwa Nafiah

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

The rapid rise of Indonesia’s digital economy is changing how people participate as citizens and how their consumer rights are protected. This study explores the legal dimensions of digital citizenship through a normative juridical review of the Consumer Protection Law, the Electronic Information and Transactions Law, and the Personal Data Protection Law. Although these laws provide basic safeguards, significant problems remain such as data privacy violations, unclear algorithmic practices, cross-border legal barriers, and deceptive online advertising. Low public legal awareness and the absence of a unified dispute-resolution system further leave consumers vulnerable to powerful global digital platforms. The study argues that stronger protection requires embedding digital citizenship principles into Indonesia’s legal framework, harmonizing national rules with international standards, enhancing platform oversight, and improving digital literacy. In conclusion, a flexible and forward-looking legal approach is crucial to making consumer protection a core part of digital citizenship and ensuring public trust and human rights in the digital era.

Pujangga Candrawijayaning Fajri; Wahyuni, Hesti Ayu; Dewi, Monica Puspa

Nusantara Mengabdi Kepada Negeri 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The purpose of this service is to increase the understanding of students at the Darul Falah Islamic Boarding School in Purwokerto regarding civic politics, which is currently experiencing a rather acute erosion, even tho civic politics is an important aspect of nationhood; it guaranties the right to life, the right to equal treatment and recognition before the law, the right to think, the right to express opinions, and the right to assemble. In this case, the method used is socialization based on a participatory approach thru lectures, discussions, and statements of attitude. The results of this service activity show that after the presentation of material on the history of santri and the rights of citizens, enthusiasm arose among the santri of Pondok Santri Darul Falah Purwokerto regarding the inherent rights and obligations of all citizens. Students can actualize civic politics by integrating religious sciences, such as by contextualizing environmental jurisprudence in response to the massive environmental damage occurring thanks to state policies. This service activity encourages the role of santri in the state, which was initially only stigmatized as being limited to the realm of seeking religious knowledge and preaching.