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Niken Retno Wulandari

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study discusses the basis of Indonesian society’s obligation to comply with the Marriage Law (UUP) as a manifestation of obedience to both state law and religious teachings. The study arises from the reality that, despite the UUP and the Compilation of Islamic Law (KHI) serving as the legal foundation for marriage in Indonesia, many still violate its provisions, such as through unregistered (siri) marriages. Using a normative juridical approach and qualitative descriptive analysis, this research examines the juridical, philosophical, and sociological foundations of legal obedience to the UUP and its implications for family and social life. The findings show that juridically, obedience to the UUP is grounded in the principle of legality and state sovereignty; philosophically, it reflects the values of Divinity and Humanity embodied in Pancasila; and sociologically, it functions as social engineering to protect women and children while ensuring social order. Compliance with the UUP therefore holds not only legal but also moral and spiritual significance, serving as a means to achieve harmonious families, social order, and a just nation.

Sri Wahyuni; Rosmini Rosmini; Alfian Alfian

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

The dynamics of the positions of DPR members cannot be separated from the political activities of lame ducks. However, the lame duck era became problematic because the DPR's legislative activity suddenly increased rapidly towards the end of its term. This increase was accompanied by the controversial passing of a number of bills. This study will examine the urgency of the need for change and the formation of new laws during the lame duck era and the dynamics of the legislative process during the lame duck era of political leadership in Indonesia, using doctrinal research with a legislative and conceptual approach. Based on the research results, it is known that changes and the formation of new laws during the lame duck era lack urgency but will have a negative impact on the quality of legislation and public trust in the government. The dynamics of the legislative process during the lame duck era of political leadership in Indonesia can be reflected in the formation of the fourth revision of the Constitutional Court Bill and the Law on State Ministries. Furthermore, since the first level of deliberation, the process has been closed and rushed without significant public participation. Moreover, Indonesia is currently in a transitional position towards a new government. Therefore, no new regulations should be enacted during this transitional period, as the drafting of the Constitutional Court Bill fails to meet the philosophical, sociological, and legal requirements. Furthermore, the enactment of the State Ministry Law has also sparked controversy, ranging from its substance to its procedural basis.

Zulrijal Bushido Gani; Najamuddin Gani

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

The formation of regional regulations (Perda) is a constitutional derivative of the implementation of regional autonomy within the framework of the Indonesian legal system. Substantively, Perda function as regulatory instruments aimed at accommodating the specific interests of local communities, in line with fundamental values, contextual needs, and the hierarchy of applicable laws and regulations. However, the high frequency of annulment or cancellation of Perda indicates dissonance or non-compliance with the principles of sound legislative formation. This phenomenon raises the urgency to review the extent to which philosophical, sociological, and legal foundations have been internalized and comprehensively implemented in the regional legislative process. Therefore, this study focuses on analyzing the relevance of these three fundamental foundations to the quality and legitimacy of regional legal products. This study adopts a normative-juridical legal research method, involving descriptive analysis of the corpus of laws and regulations, legal doctrine, and the empirical practice of Perda formation. The results highlight that: the philosophical foundation provides a normative orientation in the form of ethical-teleological values ​​and goals; the sociological foundation reflects the actual needs and social realities of the communities subject to regulation; Meanwhile, the legal basis guarantees formal legality and vertical and horizontal consistency with the national legal system. Key findings indicate that these three foundations are inherently relevant and complementary in determining the quality of regional regulations. Synergy and harmonious integration between them are essential prerequisites for producing regional legal products that have legal validity, are capable of upholding substantive justice, and are responsive to the dynamics of public needs.  

Aqila Hasna Nabihah; Anggita Kharisma Maharani; Muhammad Fahmi Syihab; Zaskia Novita Nadila Fahima

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

This article examines Ahmad Muhamad Mustain Nasoha’s thought on Islamic nationalism as the basis of patriotism. Nasoha emphasizes that nationalism does not contradict Islamic teachings; in fact, the values of faith, morality, and brotherhood in Islam can strengthen national consciousness. According to him, love for the homeland is not merely a slogan or rhetoric, but a manifestation of faith and a Muslim’s social responsibility that requires active involvement in preserving unity, upholding justice, and contributing to national development. This article highlights the historical, philosophical, sociological, political, educational, and theological aspects of Islamic nationalism, including the contributions of Islamic scholars and organizations in shaping national identity as well as in the formulation of Pancasila as the state’s foundation in harmony with Islamic values. Furthermore, the article discusses the relevance of Islamic nationalism in addressing contemporary challenges, such as Indonesia’s plural society, globalization, radicalism, and digital disinformation. Nasoha stresses the importance of harmonizing Islamic values with Pancasila, so that Islamic nationalism can serve as both social cohesion and an ethical guideline for citizens. The implementation of Islamic nationalism can be carried out through education, legal reinforcement, moral development, and concrete social contributions, enabling Muslims to preserve their religious identity while actively participating in national life. Through this comprehensive study, the article asserts that Ahmad Muhamad Mustain Nasoha’s ideas significantly contribute to the development of a moderate, inclusive nationalism grounded in Islamic values. His thought offers a strategic framework to cultivate patriotic young Muslims without compromising religious identity.  while strengthening Indonesia’s national integrity in the face of contemporary challenges.

Surasa, Ais; Mukhlas, Oyo Sunaryo; Saebani, Beni Ahmad; Husain, Husain

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

The rise of the phenomenon of early marriage in Indonesia is the background to the birth of Republic of Indonesia Law number 16 of 2019 concerning marriage and the compilation of Islamic law, which sets the age limit for marriage to 19 years. The reality is that in society there are many cases asking to be able to get married and have it officially registered, which has led to the existence of a marriage dispensation. Marriage dispensation is permitted by law by considering positive matters. The aim of this study is to determine the long-term impact of early marriage on the welfare of individuals, families and society. The method used is qualitative, data collection is carried out by interviews, direct observation and also data related to the theme. Using this method will make it easier to observe phenomena in society regarding marriage dispensations. The data analysis used was an inductive method (Creswell, 1994). The results obtained were that the marriage dispensation from a legal perspective did not conflict with Law 16 of 2019. The granting of marriage dispensations was carried out by considering the impact. From a sociological perspective, our society views early marriage as something normal and often forgets the impact of child marriage. Marriage dispensation is a rational choice, even though the risks faced are very high. Therefore, it is necessary to increase public awareness of promiscuity and return to the essence of marriage.

Raden Palipungan; Dia Bato Salle; Irma Yanti Markus; Tamar Tangke; Agustina Pare +1 more

Tri Tunggal: Jurnal Pendidikan Kristen dan Katolik 2025 Asosiasi Riset Pendidikan Agama dan Filsafat Indonesia

This research examines the paradox of Christian leader integrity in facing political polarization and group identity in Toraja society. The background of the problem is a contradictive phenomenon where Christian communities strongly emphasize ethical character of leaders, yet strong group identification can blind them to ethical inconsistencies of supported leaders, especially in the dynamics of regional and presidential elections that divide churches. This research aims to analyze the paradox of Christian leader integrity, identify psychological, theological, and sociological factors causing ethical blindness, and formulate leadership principles that can maintain integrity amid political pressure. Using qualitative descriptive methods based on literature study, this research collects data from leadership theology literature, group identity psychology, and empirical studies on political practices in Toraja Christian communities. Research findings show that the integrity paradox manifests in local political dynamics where ethical standards become loose when leaders come from the same identity group. Factors causing ethical blindness include in-group bias and cognitive dissonance (psychological), sacred-secular dualism and permissive interpretation (theological), as well as clan structure and conformity pressure (sociological). The formulated leadership principles include commitment to biblical standards, theology-based political education, transformative prophetic role, accountability systems, contextual leadership, and building mature faith communities. The implication is that this research provides theoretical contributions to the development of contextual leadership theology and practical recommendations for church leaders in navigating the complexity of identity politics. Research recommendations include developing theology-based political education programs in churches, building leadership accountability systems, and further empirical research to validate the conceptual framework that has been built.

M. Nasrul Arifin; Mujamil Qomar; Ahmad Muhtadi Anshor

World Journal of Islamic Learning and Teaching 2025 Asosiasi Riset Ilmu Pendidkan Agama dan Filsafat Indonesia

Eclecticism in the Compilation of Islamic Law (KHI) is evident through the incorporation of various opinions from different schools of Islamic jurisprudence, including the Shafi‘i school as the dominant madhhab in Indonesia, as well as the Hanafi, Maliki, and Hanbali schools, alongside several modern approaches. This method reflects an effort to reconstruct Islamic law so that it aligns with social needs and the national legal system. This study employs a library research method. The primary sources consist of the official text of the KHI, classical fiqh works from the four major schools (Hanafi, Maliki, Shafi‘i, and Hanbali), and contemporary literature on Islamic family law in Indonesia. The analytical techniques used include document study, article content analysis, and tracing the compatibility of madhhab opinions with the norms adopted in the KHI, supplemented by a sociological approach to assess the implications of its implementation in practice. The findings indicate that the application of eclecticism in Book I of the KHI is grounded in (a) social plurality; (b) the sustainability of the national legal system; (c) the values of justice; and (d) legal adaptability. The procedural steps of madhhab-based eclecticism in the KHI involve: (a) identifying issues of Islamic law to be compiled, (b) examining textual evidences and madhhab opinions, (c) selecting the most beneficial view (maslahah), (d) harmonizing it with the national legal system, and (e) conducting academic validation and social feasibility testing.    

Alex Sukadi; Antonius Maria Laot Kian; Cecep Tedi Siswanto

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

This research examines judicial discrepancies in criminal cases of fiduciary transfer, focusing on Decision No. 45/Pid.Sus/2023/PN.SMN. Discrepancy is understood as the inconsistency between trial facts, the prosecutor’s evidence, and the judge’s considerations, which may lead to injustice and reduce public trust in the judiciary. The purpose of this study is to analyze the forms of discrepancy found in the decision and to assess their legal implications for the protection of the defendant’s rights and legal certainty. The research method employed is empirical juridical research with a sociological juridical approach, using statutory analysis, case studies, interviews with law enforcers, and literature review. The findings indicate disharmony in the assessment of intent (mens rea), the interpretation of written consent, and the proof of losses suffered by fiduciary recipients. Such discrepancies weaken the quality of the judgment, create legal uncertainty, and potentially violate the principle of fair trial. This study concludes that harmonization between trial facts, prosecutorial evidence, and judicial reasoning is necessary to maintain the integrity of the criminal justice system, improve the quality of judicial decisions, and strengthen legal protection for the parties involved.

Roy Setiawan

Jurnal Ilmu Pendidikan, Bahasa, Sastra dan Budaya 2025 Asosiasi Periset Bahasa Sastra Indonesia

The comprehensive field of Islamic education encompasses not only all levels of schooling but also includes religion, ethics, history, law, and the Quran and Hadith. As part of Islamic religious education (PAI), students are taught to live in harmony with Allah, themselves, other humans, all living things, and the natural world, embodying the concept of Hablun Minallah wa Hablun Minannas. The main objective is to shape students' belief, understanding, and practice of Islamic teachings through planned learning activities, training, and guidance. Islamic religious education is an endeavor by educators to shape students' beliefs and practices via structured instruction, training, and guidance. This study explores the features of Islamic education resources across various educational levels, examining the types of instruction designed to identify these materials and evaluate their pros and cons. The study discovered that Islamic Religious Education (PAI) materials from different grade levels and educational types exhibit distinct characteristics. These differences include variations in content, weight, depth, as well as psychological, philosophical, sociological, and technological aspects. Understanding the characteristics of PAI materials at various educational levels is crucial for developing more effective, relevant curricula and teaching methods tailored to students' developmental needs. The findings of this study are also intended to serve as a reference for educators when developing PAI learning materials suitable for students' educational and developmental levels.

Roy Setiawan

Jurnal Ilmu Pendidikan, Bahasa, Sastra dan Budaya 2025 Asosiasi Periset Bahasa Sastra Indonesia

The comprehensive field of Islamic education encompasses not only all levels of schooling but also includes religion, ethics, history, law, and the Quran and Hadith. As part of Islamic religious education (PAI), students are taught to live in harmony with Allah, themselves, other humans, all living things, and the natural world, embodying the concept of Hablun Minallah wa Hablun Minannas. The main objective is to shape students' belief, understanding, and practice of Islamic teachings through planned learning activities, training, and guidance. Islamic religious education is an endeavor by educators to shape students' beliefs and practices via structured instruction, training, and guidance. This study explores the features of Islamic education resources across various educational levels, examining the types of instruction designed to identify these materials and evaluate their pros and cons. The study discovered that Islamic Religious Education (PAI) materials from different grade levels and educational types exhibit distinct characteristics. These differences include variations in content, weight, depth, as well as psychological, philosophical, sociological, and technological aspects. Understanding the characteristics of PAI materials at various educational levels is crucial for developing more effective, relevant curricula and teaching methods tailored to students' developmental needs. The findings of this study are also intended to serve as a reference for educators when developing PAI learning materials suitable for students' educational and developmental levels.

Lahmuddin Zuhri; Rabiatul Munawarah; Hanuring Ayu

International Journal of Social Science and Humanity 2025 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

The problem of livestock roaming freely in Kerato Village, Unter Iwes District, causes damage to property, agricultural land, social conflict, and economic losses. To address this problem, Kerato Village Regulation Number 7 of 2021 concerning Livestock Maintenance was created. This regulation stipulates administrative sanctions in the form of fines and compensation for livestock owners who release their livestock in public places, residential areas, and agricultural or plantation land owned by others without supervision from the livestock owner. This study uses an empirical legal research approach, a method that analyzes social phenomena in society using a legislative approach, a sociological approach, a comparative approach, and a case approach. The results of the study indicate that the legal liability of livestock owners according to Kerato Village Regulation Number 7 of 2021 concerning Livestock Maintenance stipulates that livestock owners who roam freely and damage agricultural land will be subject to administrative sanctions in the form of fines for security costs and maintenance costs for the secured livestock and are required to pay compensation for damaged crops. Research results related to Islamic law emphasize the responsibilities of livestock owners based on the principle of justice, requiring balanced compensation and encouraging dispute resolution through mediation.

Rizka Febriana; Syarif Dahlan; Noviana Noviana

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

Regulatory changes through Law No. 3 of 2024 concerning the Second Amendment to Law No. 6 of 2014 stipulate an extension of the village head's term of office from six to eight years. This policy is intended to strengthen leadership stability and the sustainability of village development, but also raises concerns regarding reduced leadership circulation, weakened community political participation, and increased potential for abuse of power. This research uses empirical legal methods with sociological, conceptual, and case-based approaches, conducted through field observations and in-depth interviews with village officials, community leaders, MSMEs, and residents of Kerato Village. The results show a diverse response from the community. Some support this policy because it is seen as providing the village head with the opportunity to complete development programs sustainably. However, others reject it, arguing that term extension has the potential to reduce the quality of local democracy, limit leadership regeneration, and reduce the frequency of community political participation. The discussion emphasizes the dilemma between village government stability and the principles of participatory democracy. In conclusion, this policy is ambivalent: positive in maintaining development continuity, but risky for accountability and community participation. Therefore, strengthening the function of the Village Consultative Body (BPD), transparency, and effective oversight mechanisms are very necessary to maintain the balance between government stability and village democracy.

Nadia Prawira Supriadi; Dodi Jaya Wardana; Ifahda Pratama Hapsari

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

This study aims to discuss the implementation issues of Gresik Regency Regional Regulation Number 7 of 2002 as an effort to overcome street prostitution. Gresik Regency, known as the City of Islamic Students, faces challenges related to prostitution practices. Although Gresik Regency only has the authority to regulate street prostitution, efforts were made by issuing Regional Regulation (Perda) Number 7 of 2002 concerning the Eradication of Prostitution and Indecent Acts in Gresik Regency. However, in its implementation, this Perda is considered ineffective in overcoming the growing number of street prostitution. Several problems emerged, including the implementation of the Perda and its level of success. The research method used is the sociological juridical method with data collection techniques through observation and interviews. The results of the study show that the Gresik Regency Satpol PP implemented Perda Number 7 of 2002 by conducting raids. However, the raids still face obstacles such as information leaks, limited authority, and military interference in prostitution efforts. In addition to raids, the authorities also provide an introduction to the Perda to prostitutes and pimps as a preventive measure. The analysis of the factors driving the effectiveness of the law shows that this Regional Regulation has not been implemented optimally. Inhibiting factors include law enforcement, public legal awareness, and cultural factors. The author recommends that the Gresik Regency Government conduct socialization of Regional Regulation Number 7 of 2002 to the public to improve understanding and legal awareness. In addition, Satpol PP needs to conduct routine raids in collaboration with the police to follow up on the involvement of military personnel and take firm action against civil servants who leak the implementation of raids. The public is also expected to support the authorities in overcoming prostitution

Mushafi Mushafi; Muhammad Farid Hariyanto; Moh. Fahmi Ali; Muhammad Fatih

Jurnal Pengabdian Masyarakat Terapan 2025 Lembaga Pengembangan Kinerja Dosen

This service is in the form of counseling and assistance in drafting village regulations for the BPD in Gebangan Village, Krejengan District, Probolinggo Regency. The material that will be provided is about the urgency of village regulations both philosophically, sociologically and legally and the techniques and mechanisms for drafting village regulations practically. The target of this service is BPD members and the Gebangan Village apparatus, Krejengan District. This service was taken as a strategic step and to provide an understanding of the urgency of forming village regulations and the mechanisms for drafting them. Because generally, BPD and village apparatus do not have the ability to draft village regulations, especially in Gebangan Village, even though the issuance of Law No. 6 of 2014 concerning Villages demands BPD productivity in producing legal products, especially in. This condition occurs because most BPD and its members do not have an educational background in the legal field, many are even only junior high and high school graduates or even did not graduate from school, so they do not understand enough about the issues in village regulations. In addition to not knowing about the procedures and mechanisms for drafting village regulations. Through this Community Service, it is hoped that it will become a strategic means for BPD members and Gebangan Village officials to be able to draft village regulations, so that they can get out of problems related to legal gaps in village programs.

Faisal Ibnu Hasnan

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The role of notary organizations is critical in the continuous development and supervision of the notary's position, especially concerning personal behavior, both in carrying out office duties and in daily life. The notary profession holds a significant position in the legal framework of society as it produces authentic deeds that carry the highest probative value. As such, integrity and professional ethics are foundational principles in the execution of notarial duties. This research aims to analyze the role of notary organizations, specifically the Indonesian Notary Association (INI) in Sleman Regency, in reinforcing professional ethics and maintaining the quality of legal services for the public. The research employs a normative-sociological approach, utilizing studies of legal regulations, notary electronic codes, and interviews with INI Sleman administrators. The findings indicate that notary organizations contribute through (1) socializing ethical codes and professional standards, (2) conducting internal supervision through honorary councils, (3) providing ethical sanctions for violations, and (4) offering development programs and capacity-building initiatives for members. However, the study also identifies several challenges, including limited supervisory resources, resistance from some members, and a lack of public understanding regarding the importance of professional ethics. These obstacles hinder the full potential of notary organizations in ensuring professional conduct and upholding the quality of notarial services. The research underscores the need for stronger collaboration and awareness to address these issues.

Nunung Futrianti; Lahmuddin Zuhri; Hanuring Ayu

Journal of Civil Criminal Law 2025 International Forum of Researchers and Lecturers

The right to health services for residents of Senawang Village and evaluating the legal protection mechanisms that can be taken by residents of Senawang Village due to the lack of health services, the type of research used is empirical legal research. The approach method used is a sociological approach and a legislative approach, the type of data is primary data, secondary data and tertiary data. While the data collection techniques are in the form of interviews, literature, and documentation. Finally, with the analysis of the data obtained from this study, it can be concluded that the fulfillment of the right to a healthy life is a basic right that must be guaranteed, because health is part of the primary needs of every human being, which is clearly regulated in Article 28 H paragraph (1) of the 1945 Constitution and Law of the Republic of Indonesia Number 17 of 2023. However, the reality in the field shows that the implementation and implementation of these various policies is still far from expectations. This shows a gap between the ideal regulations on paper and their implementation in real life. Therefore, synergy between infrastructure policies and health services is crucial because without concrete improvements in the infrastructure sector, the goal of realizing equitable, fair, and high-quality access to health services for all Indonesians will be difficult to achieve.

Lovely Ardhanes Wira; Diah Gustiniati Maulani; Emilia Susanti

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The government’s efforts to provide protection for trademark rights holders have been implemented by enacting and updating laws on trademarks. However, in reality, crimes against trademark rights continue to occur, including in the jurisdiction of the Tanjung Karang District Court. This research addresses the following issues: What are the judges' considerations in cases of unauthorized use of registered trademarks, and how is the criminal analysis of such offenses reflected in Decision Number: 381/Pid.Sus/2023/PN.Tjk? This study uses normative and empirical legal research methods, with statutory and conceptual approaches. The data type used is secondary data obtained through literature study. Data processing involved selection, classification, and organization. The data were analyzed using a descriptive qualitative method. The findings of this research indicate that the judge's legal basis in sentencing the defendant for the unauthorized use of a registered trademark in Decision Number: 381/Pid.Sus/2023/PN.Tjk includes juridical considerations—specifically that the defendant was legally and convincingly proven to have committed a criminal offense as regulated under Article 100 paragraph (1) of Law Number 20 of 2016 concerning Trademarks and Geographical Indications. Philosophically, the judge considered the imposed sentence as a means of rehabilitation and deterrence. Sociologically, the judge weighed both aggravating and mitigating factors in the sentencing. Criminal liability for the offender was based on the fulfillment of criminal responsibility elements, namely that the defendant was an adult and legally capable of committing the act. The element of fault was fulfilled, as the defendant knowingly and intentionally used a registered trademark without authorization, fully aware that such an act constitutes a criminal offense. The element of the absence of justification or excuse was also met, as the defendant committed the offense in a conscious and sound state of mind, without coercion.

Assyifa Elya Rahmah; Isnaeni Praptanti; Akhmad Fauzan; Laily Nurlina; Sukirno Sukirno

Jurnal Motivasi Pendidikan dan Bahasa 2025 International Forum of Researchers and Lecturers

This study aims to describe the social transformations found in the literary aspects of the Advanced Indonesian Language Textbook for grade 11 and analyze its relationship to the construction of the Pancasila Student Profile (P5). The main focus of this study is to examine how the literary works presented in the textbook function not only as a medium for language learning but also as a vehicle for character development and social understanding for students. This study uses a descriptive qualitative approach with sociological literary analysis techniques, where data is obtained from excerpts from poetry, short stories, and plays that depict social change. The results indicate that the social transformations reflected in these literary works are divided into two main forms: collective behavior and social movements. Collective behavior is demonstrated through themes of fashion and fashion, urban legends, and the phenomenon of mass hysteria, which implicitly depict social conflict, class inequality, and the dynamics of societal culture. Meanwhile, social movements are depicted in the narratives of characters who fight for change against norms, traditions, and social structures that limit freedom. This representation demonstrates resistance, critical awareness, and a drive towards a more just and equal life. The findings of this study are closely related to the dimensions of the Pancasila Student Profile, such as critical reasoning skills, a spirit of mutual cooperation, an attitude of upholding social justice, and independence in thought and action. Therefore, it can be concluded that literary works in Indonesian language textbooks not only present aesthetic value and literary appreciation, but also serve as an effective means of instilling national values and supporting the formation of student character in accordance with the vision of Pancasila.  

Nicholas Kevin Yolianto; Enni Soerjati Priowirjanto; Nella Sumika Putri

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

This study discusses the rampant spread of online gambling advertisements in Indonesia, which contravenes the Criminal Code (KUHP) and Law No. 11 of 2008 on Electronic Information and Transactions (UU ITE) and its amendments, which prohibit gambling. Law enforcement faces significant challenges, one of which stems from the self-regulatory policies of Electronic System Operators (ESOs) for User-Generated Content (UGC), which do not fully prohibit online gambling advertisements. The objective of this study is to analyze the spread of such advertisements and the legal framework governing ESOs for UGC based on cyberlaw provisions. The methods used include a normative legal approach to examine principles, theories, and legal history, as well as a sociological legal approach utilizing secondary data through the integration of legal and social sciences. This research is descriptive-analytical, using data from literature reviews and semi-structured interviews. The results of the study indicate that the spread of online gambling advertisements is driven by the advertising features of PSE UGC and the weak effectiveness of existing self-regulatory policies. Additionally, the government is deemed to have been lenient in imposing administrative, criminal, or civil sanctions on PSE UGC, exacerbated by the ambiguous provisions of the Criminal Code (KUHP) and the ITE Law regarding gambling regulations. The research recommendations are for the government to pressure PSE UGC to strengthen internal policies regarding the prohibition of online gambling content, enforce administrative sanctions strictly, and revise ambiguous phrases in the Criminal Code and ITE Law to clarify regulations and strengthen law enforcement efforts against the spread of online gambling advertisements in Indonesia.  

Harisman Harisman; Mashudi Hariyanto; Musaddad Al Basry

Jurnal Bisnis, Ekonomi Syariah, dan Pajak 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

A shophouse rental in Sungai Rengas Village is suspected of being subject to fraud, one of which is related to unilateral price changes. The price determined at the beginning of the agreement was changed midway by the shophouse owner. The tenant who rented the additional shophouse as a game room suddenly experienced a unilateral price change. The price that had been determined at the beginning of the agreement, which was to be available once a month and the amount was determined at the beginning, but suddenly the shophouse owner changed it. The party renting the additional shophouse as a game room was ordered to pay all electricity to the tenant, which was initially covered by the shophouse owner. However, midway through the agreement, the electricity payment suddenly changed, all payments were borne by the party renting the additional shophouse as a game room, and the electricity payment had to be allowed once a week. The type of research in this study is empirical, which in other words is a type of sociological legal research and can also be called field research, namely studying the applicable legal provisions and what happens in reality in society. Based on the research results that the price changes that occurred to the tenant who added a field for the game area are not in accordance with Islamic law, because it violates one of the valid conditions of ijarah and is also not in accordance with the legal basis for determining prices. According to Islamic law, ijarah is a binding contract (al-'aqd aL-biasa), is a contract where if all the pillars and conditions have been fulfilled, then the contract is fully binding and each party cannot cancel it without the consent of the other party, the same as the rental contract and debt, both parties have agreed and have fulfilled the pillars and conditions of the ijarah contract immediately both are bound to each other. As in the case of not returning the rent, the market party.