Publication Search

55,485 articles from 432 journals · 1,579 citations tracked

Showing 501-520 of 786

Analytics

Muhammad Fidlilal Ihsan Rakhmat; Muhamad Farudin; Suryo Damar Priluckito Hanjayanto; Ainul Fazhilla; Aulia Darusman +1 more

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Traditional marriage in Pulau Buaya Village is not just the union of two individuals, but also a bond between two large families that involves social, cultural, and economic aspects. The traditional marriage customs in this village have significant stages that reflect the values of collectivism and respect for ancestors. However, the majority of the community also adheres to Islam, which has its own legal rules regarding marriage. The interaction between customary law and Islamic law in marriage practices often results in adaptations or acculturation that do not always proceed smoothly. Some traditional customs sometimes conflict with the principles of Islamic law, creating challenges in balancing the preservation of traditions with adherence to religious teachings. This study uses a juridical-empirical method with a qualitative approach. Primary data is obtained through interviews and direct observation of traditional leaders, religious leaders, and couples who have undergone traditional marriages. Secondary data is gathered from literature studies on customary law and Islamic law. The findings show that the customary marriage law in Pulau Buaya Village has been adjusted to Islamic principles, but practices still exist that contradict Islamic law. The implications of this study are the need for an integrative approach in formulating marriage policies that respect cultural diversity while remaining in accordance with Islamic and national legal principles.

Tobias Finn; Silas Boone Prescott

Law and Justice research journal 2025 International Forum of Researchers and Lecturers

The rapid advancement of digital technology has led to widespread mass surveillance, raising concerns about the protection of individual privacy. International human rights law plays a crucial role in balancing national security interests with the right to digital privacy. This study examines the impact of international human rights frameworks, such as the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), in safeguarding digital privacy amid increasing government surveillance. Using a qualitative approach, the research analyzes key legal principles, court rulings, and policy responses from different jurisdictions. The findings indicate that while international legal instruments provide a foundation for digital privacy protection, enforcement remains inconsistent due to varying national implementations and technological challenges. The study underscores the need for stronger legal mechanisms and international cooperation to ensure the effective protection of digital privacy rights in the digital age.

Senja Ramadhika; Raditya Pramana Adiguna

Law and Justice research journal 2025 International Forum of Researchers and Lecturers

Transboundary environmental pollution poses significant challenges in international law, particularly regarding state responsibility. This study examines the legal frameworks governing state liability for environmental damage that extends beyond national borders. The research explores key principles such as the "no harm" rule, due diligence obligations, and international liability mechanisms. Using a doctrinal legal research method, this paper analyzes landmark cases and international agreements, including the Trail Smelter Arbitration and the Paris Agreement. The findings highlight gaps in enforcement and the need for stronger compliance measures. This study contributes to the discourse on environmental governance by proposing legal strategies to enhance state accountability and cooperation in mitigating transboundary pollution.

Esraini Saruksuk; Janpatar Simamora; Meli Hertati Gultom

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

This study addresses the legal responsibility of carriers for the loss or damage of goods during road transportation, as stipulated in Law Number 22 of 2009 concerning Traffic and Road Transportation (UU LLAJ). Article 193 of UU LLAJ obliges carriers to provide compensation for any loss incurred during transportation, except in cases of force majeure or third-party negligence. The study also explores the application of breach of contract (wanprestasi) and strict liability principles as the legal foundation for carrier accountability. However, the practical implementation of these regulations often faces challenges, including unclear contractual clauses on liability, difficulties in proving carrier negligence, and slow or inefficient dispute resolution mechanisms. To address these issues, the study proposes strategic measures such as regulatory revisions to clarify carrier liability boundaries, the establishment of standardized transportation contracts, enhanced legal education for stakeholders, strengthened non-litigation mechanisms like mediation and the Consumer Dispute Resolution Agency (BPSK), and the optimization of insurance to mitigate risks. These recommendations aim to foster a more efficient, reliable, and legally protective transportation system for all stakeholders involved.

Maksimiliane Kolorian Hilem; Orpa Juliana Nubatonis; Chatryen M. Dju Bire

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

This research is a research that aims to find out and analyze the violation of the principle of pacta sunt servanda in the case of PT Asuransi Jiwasraya's default on legal protection for policyholders. This research is a normative research supported by a legislative approach, a conceptual approach and a case approach using primary legal materials and secondary legal materials collected using literature study techniques after which they are analyzed in a qualitative descriptive manner. The results of the study show that the factors that cause the violation  of the principles of Pacta Sunt Servanda in the Case of PT Asuransi Jiwasraya Default are poor corporate governance, investment in high-risk instruments, financial irregularities and weak financial management, stock price engineering, and weak application of the prudential principle in investing.

Audrey Adyuta Putri; Elisatris Gultom

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

This study aims to analyze legal certainty in the post-acquisition integration process and its impact on the protection of shareholders' rights based on the Limited Liability Company Law (UUPT) and the Financial Services Authority Regulation (POJK). Using a normative legal approach and case studies, this study finds that the absence of specific regulations, weak supervisory mechanisms, and the lack of synchronization of corporate culture are the main factors causing integration failure and potential losses for shareholders, especially minority shareholders. To realize a fair and sustainable integration process, it is necessary to strengthen internal governance based on the principles of Good Corporate Governance (GCG), risk-based supervision, and external regulatory reforms that are more responsive to business dynamics. This study recommends the active involvement of authorities in regulating post-acquisition integration and the implementation of transparent and accountable evaluation mechanisms to protect the interests of all stakeholders. These findings contribute to the formulation of a fair and adaptive integration model in the Indonesian legal and economic environment.  

Fristia Berdian Tamza; M Fadhol Rachman Akbar

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

One of the most important outcomes in the criminal justice system is the acquittal of a defendant in a theft case. This study aims to analyze the basis for the judge's legal considerations in making decisions. The method used is a literature study by reviewing various legal literature, laws and regulations, and relevant court decisions. The results of the analysis show that the judge considered several factors, including: insufficient evidence that points directly to the defendant, reasonable doubts about the defendant's involvement in the crime, and the principle of the presumption of innocence. This decision was taken as a form of protection of human rights and justice. Finally, this study concludes that a decision that passes all legal charges not only reflects the substantive aspects of the law, but also shows the judge's commitment to the principles of justice and protection of human rights.

Hariyanto Huntua; Roy Marthen Moonti; Ibrahim Ahmad; Muslim A. Kasim

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

Professional legal ethics plays a crucial role in carrying out the legal profession with integrity and fairness. For Civil Servants (ASN), especially those working at the Higher Education Service Institution (LLDIKTI), the implementation of professional legal ethics becomes even more critical, considering their role as bureaucrats who must uphold legal and ethical values in every decision they make. LLDIKTI is tasked with managing, supervising, and facilitating the organization of higher education in Indonesia, requiring its ASN to always adhere to principles of transparency, justice, and accountability in performing their duties. However, the implementation of professional legal ethics in LLDIKTI faces various challenges, including potential conflicts of interest, political pressure, complex bureaucracy, and limited human resources. This study aims to analyze the implementation of professional legal ethics in LLDIKTI and identify the challenges ASN face in applying these ethics. Additionally, the study seeks to provide recommendations on the steps that should be taken to optimize the implementation of professional legal ethics within the ASN environment in LLDIKTI. This research uses a qualitative approach, referring to legal ethics theories developed by Algra (2013) and Winarta (2007), as well as regulations governing ASN, such as Law No. 5 of 2014. The findings of this study are expected to contribute to the formulation of policies and training that enhance the professionalism and integrity of ASN in LLDIKTI.

A Rijalullah Kusumah Cakra; Agus Rasyid Chandra Wijaya

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Simultaneous regional elections resulted in the vacancy of leaders in various cities, including the city of sukabumi, therefore the appointment of officials (Pj) to fill the vacancy of the position of regional head of the city mayor until the election of regional heads in the simultaneous regional elections in 2024. however, the appointment of PJ is problematic because it is not in line with the spirit of democracy. This research examines and analyzes related to the appointment of the PJ of the mayor of Sukabumi which is not in line with the principles of democracy, therefore the researcher raises the formulation of the problem among them. First, is the appointment of the acting mayor of Sukabumi in accordance with the principles of democracy? Second, whether the appointment of the acting mayor of the city of Sukabumi is in accordance with the Constitutional Court Decision Number 67/PUU-XIX/2021 and MKRI Decision Number 15/PUU- XX/2022. This research uses an analytical descriptive method with a normative juridical approach, in which data and information are analyzed normatively. The results showed that the appointment of the Pj mayor of Sukabumi did not involve the DPRD as a representation of the people of Sukabumi so that it can be said that it does not fulfill the principles of democracy and heed the Constitutional Court Decision Number 67/PUU-XIX/2021 and MKRI Decision Number 15/PUU- XX/2022 which mandates the making of implementing regulations to make PJ appointments without heeding the principles of democracy which are the spirit of the struggle of the Indonesian nation and the people of the city of Sukabumi.

Sam Meldrian Althonsius Oematan; Saryono Yohanes; Dhesy A. Kase

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

The Constitutional Court (MK) regarding the Election Law on the presidential and vice presidential nomination threshold. Since the presidential election was held directly, the issue of the threshold for nominating presidential and vice presidential candidates has always surfaced every time a presidential election is held. In 2004, for example, the presidential nomination threshold was 10 percent. This research is a juridical-normative research, namely a process to find legal rules, legal principles, and legal doctrines in order to answer the legal issues faced. The data was analyzed descriptively-qualitatively.The results of this study indicate that the Constitutional Court Decision Number 74/PUU-XVII/2020 concerning the presidential nomination threshold (Presidential Threshold) is one of the important decisions in the discourse of democracy in Indonesia. The following is an explanation of the Ratio Decidendi of the decision in relation to the concept of democracy: Constitutionality of the Presidential Threshold The Constitutional Court (MK) in its decision emphasized that the presidential threshold or presidential nomination threshold is constitutional. This means that the provisions regarding the threshold do not conflict with the 1945 Constitution. The Constitutional Court is of the opinion that the presidential threshold is an open legal policy (Open Legal Policy) which is the authority of the lawmakers, namely the House of Representatives (DPR) and the President. The purpose of the Presidential Threshold, the Constitutional Court explained that the purpose of the presidential threshold is to simplify the party system and the presidential system, as well as to create government stability. The Ratio Decidendi of the Constitutional Court Decision Number 74/Puu-XXII/2024, Number 87/Puu-XXII/2024, Number 129/Puu-XXI/2023, Number 131/Puu-XXI 2023 concerning the Presidential Nomination Threshold is the Presidential Threshold is constitutional and does not conflict with the principles of democracy.

Christine Diah Wahyuningsih; Rr. Kurniasih Wilujeng

Public Service And Governance Journal 2025 Universitas 17 Agustus 1945 Semarang

This study aims to analyze the implementation of government bureaucracy reform in Indonesia using secondary data and qualitative descriptive analysis methods. Bureaucratic reform is an essential step to improve the quality of public services and government effectiveness, particularly at the regional level. The implementation of this reform is expected to create an efficient, transparent, accountable bureaucracy, free from corruption, collusion, and nepotism. Based on the collected data, the results of the study show that although various reform programs have been implemented, the main challenge faced is resistance to change within the bureaucracy itself, as well as a lack of deep understanding of the principles of good governance. This study also identifies the importance of a consistent reward and punishment system to support the success of the reform. Furthermore, strengthening training and enhancing the motivation of civil servants are necessary for the effective implementation of bureaucratic reform. Therefore, awareness and collective commitment from all stakeholders are key to achieving the goals of bureaucratic reform.

Trisya Walza Rizkita; Rifdah Silawarti; Bagus Sajiwa; Muhamad Rizqi Priatna; Irvan Arif Kurniawan

Public Service And Governance Journal 2025 Universitas 17 Agustus 1945 Semarang

In response to the major impact of rapid developments in the era of globalization on the public service paradigm, many government institutions have implemented the New Public Service (NPS) concept. This concept is community-oriented and prioritizes the principle of innovation to create more efficient and responsive public services. To understand and analyze the implementation of the New Public Service (NPS) in Digital Population Identity (IKD) services at the Tangerang Regency Dukcapil Office, this research uses a qualitative approach with descriptive methods and is based on the seven NPS principles initiated by Denhardt J.V & Denhardt R.B (2003). The research informants came from the Population Administration Information Systems Section. Data collection techniques are carried out through interviews, observation and documentation. The implementation of the New Public Service (NPS) in the Tangerang Regency Dukcapil Disdukcapil in IKD services has generally illustrated an effort to create a better public service environment, sensitive to community needs, and respecting the rights of citizens. However, the research results show that there is still one principle that has not been implemented, namely "Value people, not just productivity." Therefore, to maximize results, continuous efforts are needed to increase public awareness, provide adequate resources, and utilize the latest information technology in public services.

Ramdan Lamato; Muhammad Abdul Azis

Lembaga Pengembangan Kinerja Dosen 2025 Lembaga Pengembangan Kinerja Dosen

This paper examines the influence of Qatar’s Islamic identity on its policies during the 2022 FIFA World Cup, with a focus on LGBTQ rights. Using a constructivist approach, the study explores how Qatar’s adherence to Islamic principles, particularly Sharia law, shaped its regulations and responses to international pressures. Qatar's prohibition of LGBTQ symbols, despite assurances of safety for all attendees, including the LGBTQ community, drew significant criticism from Western nations and human rights organizations. The study highlights the tension between Qatar’s cultural and religious values and global expectations surrounding inclusivity and human rights. It also explores the broader implications of Qatar’s policies, reflecting its challenge of balancing traditional Islamic values while hosting a global event. Ultimately, this research sheds light on the complexities of cultural diplomacy and the difficulties nations like Qatar face in navigating conflicting global and local norms.

Robertho Puay; Yohanes G.T Helan; Cyrilius W. T. Lamataro

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

Development through community participation in villages is one of the efforts to empower the potential of village communities in planning development related to local resource potentials. The research questions in this study are: (1) How is the community participation in the development of Merbaun Village, West Amarasi Subdistrict, Kupang Regency? (2) What factors may hinder the success of community participation in village development in Merbaun Village, West Amarasi Subdistrict, Kupang Regency?  This research is a juridical-empirical study with a qualitative approach, using primary data collection techniques through interviews. Secondary data was obtained through literature studies.  The results of the study show that community participation in Merbaun Village development can be analyzed through three stages: planning, implementation, and supervision. Each stage shows different dynamics and levels of participation. (1) Planning Stage: At this stage, community participation is considered high. The village government conducts a development planning deliberation (Musdus) to absorb the aspirations of the community. Interview results show that the community is actively providing input and suggestions, reflecting a strong motivation and concern for the proposed development programs. (2) Implementation Stage: In contrast to the planning stage, the level of community participation in the implementation of development drops significantly. Although the village government opens opportunities for mutual cooperation (gotong-royong), community attendance is inadequate, with many absent. This indicates a lack of understanding and awareness among the community regarding the importance of their participation in the physical activities that have been agreed upon. (3) Supervision Stage: The supervision of the development also shows a lack of participation. The community should be involved in monitoring and evaluating development programs. However, most of the community members do not understand their role in the supervision process, as revealed in the interviews.The study suggests that community participation in the development of Merbaun Village should be increased to make development outcomes more effective and sustainable, in accordance with the principles outlined in Law Number 6 of 2014 concerning Villages.

Irfan Ridha; Anisa Ayu Putri; Arina Putri Agustina; Ari Naldi; Ayu Saputri +6 more

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This journal examines the implementation of banking financing products within the framework of Islamic law, focusing on the principles and practices of Islamic banking. The study explores how Islamic banking products align with Shariah principles, emphasizing compliance with prohibitions such as riba (usury), gharar (uncertainty), and maysir (gambling). The analysis also references the legal framework governing Islamic banking in Indonesia, particularly Law No. 21 of 2008 on Islamic Banking, and the regulations issued by the Financial Services Authority (OJK). The study evaluates the role of Islamic banks in promoting economic justice, financial inclusivity, and sustainable development. The findings aim to provide a comprehensive understanding of how Islamic finance products contribute to economic growth and the challenges faced by Islamic banking institutions in Indonesia’s financial market.

Irfan Ridha; Ahmad Kalingga; Aisyah Putri Indra; Alfajar Ahmad Abujibril; Alisha Zahra Saadiya +6 more

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

The Consumer Protection Law (UU 22/2020) has provided a legal basis for consumer protection in the banking industry.  The implementation of this law is important in the Islamic banking industry due to its consistency with sharia values which place justice and balance as the main principles.  The purpose of this study is to analyze the implementation of the Consumer Protection Act in the Islamic banking industry and evaluate the effectiveness of its implementation.  This research uses a qualitative approach with a literature study.  Data was collected through analysis of book literature and analysis of documents related to the implementation of the Consumer Protection Act.  The results of the study show how actual implementation of the Consumer Protection Law is in its operational procedures.  However, there are several challenges in implementation, such as the lack of awareness and understanding of customers about their rights, as well as a lack of adequate human resources and information technology to meet the requirements of the law.  This study recommends that Islamic banks increase consumer empowerment campaigns and invest in adequate human resources and information technology to increase the effectiveness of the implementation of the Consumer Protection Act.  This is expected to increase customer confidence in the sharia banking industry and support sustainable industry growth.   

Taufiq Akbar Al Falah

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the implementation of community service as an alternative short-term punishment in the context of the reform of Indonesian criminal law through Law Number 1 of 2023 on the Criminal Code (KUHP). Criminal law reform is necessary to address issues such as the overcapacity of correctional facilities and the need for adaptive legal frameworks. Using a prescriptive normative approach, this research identifies the philosophical, legal, and sociological foundations underlying the implementation of community service. The findings indicate that the application of community service aligns with the principles of restorative justice, legal effectiveness, and the social reintegration of offenders. These findings support the idea that community service can be a humane, efficient, and beneficial alternative for society.

Lasambo, Nurlin; Uswatun Otoluwa, Siti Nur; Moonti, Roy Marthen

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

Theimplementation of the merit system in civil servant management has shown its effectiveness in supporting the principles of justice and equality. However, to achieve more optimal results, efforts are needed to increase the capacity of human resources, strengthen supervision mechanisms, and enforce sanctions for violations. In addition, the government needs to encourage changes in organizational culture to better support the principle of meritocracy. Further studies are needed to evaluate the long-term impact of implementing the merit system at different levels of government. The merit system is a reflection of professional personnel management where the placement of employees and officials uses performance competencies and track records as a measure of appointment. The main purpose of the implementation of the merit system is to improve professionalism, fairness, and equality in the management of Civil Servants (PNS). The purpose of this research is to find out the Effectiveness of the Implementation of the Merid System on the Principles of Justice and Equality in Translating Civil Servants. This paper was carried out with the aim of finding out how the Implementation of the Effectiveness of the Implementation of the Merid System on the Principles of Justice and Equality in Translating Civil Servants by using a qualitative analysis method. so that it is expected to contribute thoughts to the government in the assessment and implementation of Merid Sytem towards a better direction.

Damiti, Alex; Firmansyah, Royzd; Latif, Anas; Moonti, Roy Marthen

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The central government is the highest level of government in a country that has the greatest power and authority. The central government is responsible for controlling the unitary state, making decisions and rules for the whole country, and exercising national supremacy over other governments. Local government is the administration of government affairs by the local government and the Regional People's Representative Council (DPRD). Local government is carried out based on the principles of autonomy and assistance with the principle of the widest possible autonomy. Regional autonomy is a concept in which the central government grants a number of authorities to local governments to regulate and manage their own government affairs in accordance with laws and regulations in the Indonesian context, regional autonomy is regulated in Law Number 23 of 2014 concerning Regional Government. The purpose of regional autonomy is to realize effective and efficient government and improve the welfare of the community.

Sanusi Sanusi; Rezike Nurul Ergiarti; Fajar Ari Sudewo; Mukhidin Mukhidin; Moh. Taufik

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study critically examines access to justice for minors who are victims of rape in the context of the Indonesian criminal justice system, with a special focus on the human rights (HAM) perspective. This study is motivated by the high number of cases of sexual violence against children and the complexity of handling them in the Indonesian legal system. The research problem is how to protect human rights for minors who are victims of rape in the law enforcement system in Indonesia. The research method uses qualitative normative legal research by analyzing legal doctrine and related legislation. The research method used is qualitative normative legal research, namely examining various laws and regulations and related literature to understand legal principles and their implementation in the field. The results of the study show that in terms of legal-normative, the protection of children's human rights is regulated in various national and international laws and regulations. However, there are several challenges in its implementation in the field such as limited understanding of law enforcement officers, facilities, and implementing regulations. For this reason, it is necessary to strengthen socialization, legal frameworks and implementation facilities, and continuous evaluation in order to realize universal protection of children's human rights. This study identifies systemic challenges faced by victims in seeking justice, including child-unfriendly legal procedures, lack of psychosocial support, and persistent social stigma. The main findings of this study indicate a significant gap between international human rights standards on child protection and practice on the ground. This study argues for a comprehensive reform of the Indonesian criminal justice system to better accommodate the needs and rights of child victims, including the provision of specialized legal assistance, increased sensitivity of law enforcement officers, and the development of a justice mechanism that focuses on recovery. This study offers concrete recommendations for system improvement, which are expected to serve as a reference for policymakers, legal practitioners, and other stakeholders in efforts to improve access to justice for child rape victims in Indonesia.