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Salma Salsabila; Ika Kartika Sari

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

Various jurisdictions including Indonesia, inheritance disputes often involve complex interactions between cultural, religious, and legal systems. The role of the notary as a facilitator of disputes outside the court by prioritizing legal principles and the notary code of ethics. Succession disputes have triggered conflicts among heirs that have been prolonged through court proceedings. Notaries act as facilitators utilizing legal expertise to explain the rights and responsibilities of all parties involved, by encouraging the creation of a transparent communication and mediation atmosphere. The method used is an empirical method with a qualitative approach method. This research aims to examine how notaries play a role in facilitating dispute resolution, and convey the obstacles faced by notaries. This research emphasizes the role of notaries in ensuring that inheritance disputes are resolved peacefully and fairly. However, there are obstacles in ensuring fairness and preventing overlap in regulations. Strengthening understanding of the code of ethics and understanding of the rules is needed to support the performance of notaries in these situations.

Athalla Rafhi Mahreza; A Irzal Fardiansyah; Maya Shafira

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

Based on research conducted using normative and empirical juridical methods at Class I and IIA Correctional Institutions in Bandar Lampung, the implementation of wage rights for inmates participating in independence development programs as mandated by Law No. 22 of 2022 and Government Regulation No. 32 of 1999 shows that the wage distribution mechanism (50% incentive for inmates, 35% for development funds, and 15% to the state treasury) has been executed through collective labor agreements and an integrated bookkeeping system. The results indicate that over 70% of inmates actively participate in productive activities such as carpentry and handicrafts, with an average wage increase of 15% within one year due to innovations in waste-based craft products. However, productivity varies between activities (85% of target in woodworking versus 60% in sewing) due to raw material constraints, and wage disbursement is delayed by an average of 10 working days because of manual verification procedures and report synchronization. To optimize this system, it is recommended to increase the number of coaching and administrative staff, improve production facilities, digitize bookkeeping and inmate savings accounts, and diversify programs according to local market needs.

Intan Nailul Muna; Alvieta Alice Reyhanif; Aulia Zaki; Neni Susilowati; Arum Nurul Layalia Mufaidah +1 more

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Gender equality in the workforce is a fundamental issue closely linked to human rights and sustainable economic development. This study examines the paradox in the implementation of maternity leave rights as part of the legal protection for female workers—where a right intended to provide protection instead becomes a barrier during recruitment processes. The aim of this research is to analyze the relationship between the provisions on maternity leave rights and the principle of legal equality in the workplace, as well as to identify efforts that companies can undertake to protect female workers from discrimination and to promote gender equality. This study employs normative legal research methods with a qualitative approach by analyzing various national and international regulations related to the protection of female workers. Primary data were obtained through an in-depth review of Undang-Undang No. 13 Tahun 2003 tentang Ketenagakerjaan, Undang-Undang Dasar Negara Republik Indonesia Tahun 1945, and their implementing regulations, as well as international conventions such as CEDAW and ILO standards. The analysis was carried out using a deductive approach to identify the gap between legal norms and the reality of their implementation in practice.

Kadek Yuni Sudiantari

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Digital nomad is one of the jobs that utilizes the existence of information technology, apart from being easy to do without being bound by time and place, this job also provides a pretty good result.  The existence of this digital nomad is able to have a fairly good impact on modern society by opening up quite extensive employment opportunities. In addition to this, regulations are needed that are able to accommodate all provisions regarding digital nomads, so that digital nomad actors get their rights as laborers. Thus, the problem studied is related to how the role of Law No. 1 of 2024 concerning the Second Amendment to Law No. 11 of 2008 concerning Electronic Information and Transactions. Thus, it can see the existence and role of these regulations which should explicitly regulate. The research method in this paper uses normative juridical research. With this research, it will be facilitated in monitoring the existence of digital nomads and the fulfillment of the rights of digital nomad actors.

Ali Ayed Nasir; Zainab Hadi AlKhafajy; Noof Ali Awad

Jurnal Publikasi Ekonomi dan Akuntansi 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

The Iraqi economy demonstrates that, despite the substantial magnitude of oil revenues, theseresources have not been effectively utilized to establish a diversified economic base capable of supportingcomprehensive development and securing the rights of current and future generations. Instead, the majority ofthese revenues are allocated to consumption patterns or to financing current expenditures, which do notcontribute to achieving sustainable development goals. This study examines the interdependence between oilrent revenues and their management, assessing the resulting improvements or declines in Iraq's financial andeconomic performance. It emphasizes the necessity of adopting prudent financial management and diversifyingincome sources to ensure long-term stability and prosperity for the country. The research problem lies in theheavy reliance of Iraq's public finances on oil rents, which exposes the economy to significant risks due tovolatile global oil prices. This dependency leads to structural weaknesses in the revenue and expenditureframework, limiting its flexibility and sustainability, and consequently hindering efforts to achievecomprehensive economic development. The results of the estimated model indicate that current public revenuesare heavily dependent on the previous year's revenues, suggesting that revenue generation is influenced byexternal factors, particularly expectations regarding fluctuations in oil prices.

Apitta Rahmawati; Yuris Tri Naili; Marlia Hafny Afrilies

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

The advancement of artificial intelligence (AI) technology and social media has significantly influenced the dynamics of societal life, including women. Social media offers a space for the empowerment of women, but at the same time, it also presents various risks such as privacy violations, digital violence, and misuse of personal data. This community service activity aims to strengthen digital literacy among women, particularly in raising awareness of digital risks, protecting digital rights, and promoting safe and responsible social media use. The implementation methods of the activities include outreach in the form of workshops, discussion forums, and case simulations. The results of the activities indicate that there has been an increase in participants' knowledge about privacy in the digital world, forms of gender-based violence in the online realm, and strategies for preventing digital risks. This program is expected to serve as a model for empowering women through the enhancement of digital literacy in responding to the challenges of an increasingly digitalized era.

Raisha Cantika Mutiara; Aurora Jillena Meliala; Heru Sugiyono

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

This study examines the legal protections and enforcement mechanisms against securities dilution in technology‐sector issuers adopting multiple voting rights stock classifications following an initial public offering (IPO) under Indonesia’s Financial Services Authority Regulation No. 22/POJK.04/2021. It addresses two core issues: the adequacy of minority shareholder safeguards embedded within the regulatory framework and the nature and extent of share dilution experienced by existing investors in dual‐class structures. Employing a normative legal research design with a doctrinal approach, the analysis draws on primary sources including UU No. 40/2007, UU No. 4/2023, POJK 22/POJK.04/2021, issuer prospectuses, and PT GoTo Gojek Tokopedia’s 2022–2024 annual reports complemented by secondary literature and tertiary legal references. Findings reveal that POJK 22/POJK.04/2021 integrates quantitative limits (a 90 percent cap on aggregate superior voting rights), procedural safeguards (minimum 5 percent ordinary‐shareholder quorum and independent renewal approval), temporal constraints (10‐year sunset clause), and one‐share‐one‐vote requirements for critical corporate actions, alongside a novel graduated voting ratio system. The GoTo case study underscores persistent misalignment between cash‐flow and voting rights, marked by significant share price volatility and reliance on share buybacks rather than dilutive issuances. While the regulatory framework is comprehensive, its efficacy is contingent on robust enforcement, transparency of indirect ownership, and institutional maturity. Empirical evaluation of post‐IPO dilution events, minority litigation outcomes, and enforcement actions is recommended to assess real‐world impacts.

Ety Isworo; Wiwik Yulianti; Femmy Silaswaty Faried

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The bankruptcy of a major company like PT Sri Rejeki Isman Tbk (Sritex) not only reflects a financial crisis but also opens a significant debate about legal fairness for stakeholders, particularly laborers and company owners. This research examines the impact of the bankruptcy on the fulfillment of laborers' normative rights and the legal protection afforded to company owners. Using a juridical-normative approach and a case study method, the findings reveal that the bankruptcy process still presents imbalances in legal protection, especially for laborers who, despite being legally recognized as preferential creditors, are often disregarded in practice. This article recommends regulatory reform and strengthening the state's role in ensuring justice throughout the bankruptcy proceedings.

Annisa Dwi Lestari; Taufiqurrohman Syahuri; Ahmad Ahsin Thohari

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

Restricting judicial review (peninjauan kembali) for state administrative officials through Constitutional Court Decision No. 24/PUU-XXII/2024 represents a pivotal shift in Indonesia’s administrative justice framework. This study critically examines the constitutional, theoretical, and comparative dimensions of that decision, situating it within the principles of equality before the law and due process enshrined in the 1945 Constitution. Employing a normative-qualitative design grounded in doctrinal analysis and comparative law methods, the research analyzes primary sources including the 1945 Constitution, Law No. 5 of 1986 on State Administrative Courts, Law No. 14 of 1985 on the Supreme Court, and the Constitutional Court’s decision and is supplemented by relevant academic literature. Findings reveal that the decision undermines procedural equality by asymmetrically restricting state entities’ access to extraordinary remedy mechanisms without addressing systemic enforcement deficiencies. Comparative analysis with French, German, and Thai administrative law systems demonstrates that modern rechtsstaat states preserve substantive justice through inclusive access to judicial review while enforcing robust procedural safeguards. The study concludes that targeted institutional reforms such as establishing an autonomous executorial agency, enacting contempt-of-court legislation, strengthening ombudsman oversight, and enhancing judicial education offer more constitutionally sound solutions to improve compliance with administrative court rulings. It further underscores the crucial role of rechtsvinding and proportionality in reconciling procedural limitations with constitutional mandates for substantive justice and legal certainty.

Nurul Hidayat; Joko Utomo Hadibroto

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

The Tiatiki tradition in Teluk Depapre, Papua, is not merely an ecological ritual but serves as a cultural communication medium that conveys social and political messages. This study aims to analyze Tiatiki as vernacular media representing environmental conservation while articulating the resistance of indigenous communities against development policies that potentially threaten their customary territories. The research employs a qualitative approach with vernacular discourse analysis methods. Primary data were sourced from a 22-minute-22-second documentary produced by the Balai Pelestarian Nilai Budaya Papua (2020), analyzed through narrative transcription, identification of visual symbols, open coding, axial coding, and theoretical interpretation based on the Two-Step Flow theory and the concept of vernacular media. The findings reveal that the ritual prohibition symbolized by the “kayul larangan” is not merely a sign of marine closure for ecological purposes but also a political statement asserting indigenous territorial claims. Indigenous opinion leaders play a strategic role as cultural communicators and as drivers of subtle resistance against external interventions. These results affirm that local wisdom-based conservation in Papua is not solely ecological but also constitutes a political discourse arena projecting cultural identity and indigenous rights. This study contributes theoretically to cultural communication studies, particularly in analyzing vernacular media as instruments of local political resistance.

Lenny Lenny; Marice Simarmata

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

A cooperation agreement is a legal instrument that underlies the regulation of rights, obligations, and responsibilities between the parties involved in a collaboration. In the context of public health financing, this agreement aims to ensure access to adequate health services, especially for disadvantaged groups. Along with the reform of the health sistem in Indonesia in recent years, the government has sought to improve accessibility and quality of services through the transformation of the health financing sistem. The National Health Sistem (SKN) as the main framework is organized to ensure equitable health services. One of the crucial components in the SKN is health financing which is realized through the National Health Insurance (JKN). Legal provisions regarding the form and mechanism of this collaboration have been regulated in Law Number 17 of 2023, specifically Article 4 paragraphs (1) and (2), which emphasize that collaboration between BPJS and central and regional government institutions is carried out through a written agreement, which can be in the form of a memorandum of understanding, operational cooperation, functional cooperation, or other forms mutually agreed upon.

Putri Rizka Nurwijedah Kadir

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

Gender-based violence has become a growing global problem, but in Mexico, the phenomenon of femicide has reached a concerning crisis level. Femicide, or the killing of women because of their gender identity, reflects the most extreme form of inequality and injustice experienced by women in society. This study seeks to examine the femicide crisis in Mexico as a manifestation of the state's failure to fulfill its obligation to protect women's rights. Through a qualitative descriptive approach, this study analyzes how weak legal institutions, high rates of impunity, and a deeply rooted patriarchal culture exacerbate the situation of violence against women. In addition, this study also examines the extent to which Mexico has implemented international standards, especially the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and how the state has failed to implement them effectively. Using the concept of state failure, this study concludes that the femicide crisis in Mexico is not only a social problem, but also reflects the state's structural inability to provide equal legal protection and justice for women. Therefore, there needs to be a comprehensive reform of the legal system and gender-responsive public policies based on human rights principles. Therefore, increasing institutional capacity and strengthening public accountability mechanisms are important steps so that the state is no longer negligent in handling femicide and is truly present for victims in a real and comprehensive manner.

Sekha Anggita Maulidina; Dedi Mulyadi; Aji Mulyana

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

The policy of mandatory relocation in post-disaster areas, particularly in Cianjur's red zones, plays a crucial role in mitigating risks associated with earthquakes and other natural disasters. This study analyzes the implementation of this policy from the perspective of local government tasks and functions, focusing on the coordination of various stakeholders, legal frameworks, and community involvement. The research uses a qualitative approach, combining legal-normative and sociological perspectives to explore the challenges and conflicts faced during the relocation process. Findings indicate that while the policy has been crucial in safeguarding public safety, its implementation has faced significant challenges such as budget constraints, community resistance, and logistical issues. The study highlights the importance of improving collaboration among local authorities, security agencies, and affected communities. The findings also suggest the need for a more transparent and inclusive approach to policy implementation, ensuring the protection of displaced populations' rights.

Kelfin Eka Putra Banu; Richardus Wesly Teka; Claudio Xaverius Oematan; Alexadros Mone; Fransiska Owa Da Santo +1 more

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

Debt-receivable problems are classic problems in economic activities that if not resolved properly can result in legal uncertainty and losses to the parties involved. One of the legal instruments provided in the Indonesian legal system to resolve these disputes is through the bankruptcy mechanism. This study aims to review the legal provisions regarding bankruptcy as regulated in Law Number 37 of 2004 and evaluate the effectiveness of its implementation as a solution to resolving debt-receivable problems. The method used in this study is the normative legal approach, by reviewing statutory provisions, legal doctrine, and court decisions. The results of the study indicate that although normatively the bankruptcy mechanism has a clear legal structure, its implementation in the field still faces obstacles in terms of process efficiency, protection of creditor and debtor rights, and supervision of curators. Therefore, policy updates and optimization of the function of judicial institutions are needed to increase public trust in this mechanism.

Muhammad Iqbal Rifai; Yopa Emalia Fajarini; Reinhard Silaen; Bambang Fitrianto

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

This study examines the legal aspects and implementation of employment contracts in Indonesia in the context of changes in labor regulations. The study analyzes the legal framework underlying employment contracts, worker rights protection, employer obligations, and implementation challenges in the field. Using a qualitative approach and legal document analysis, this study identifies several key issues related to employment contracts, including imbalance in bargaining power, unclear clauses, and compliance with the latest regulations. The results of the study show that although there has been progress in legal protection through labor laws, implementation in the field still faces various challenges. This study provides recommendations for improving policies and practices related to employment contracts that are more balanced, transparent, and in line with the principle of fairness for all parties.

Indi Fricylia H; M. Arsy Ash Shiddiqy

Lembaga Pengembangan Kinerja Dosen 2025 Lembaga Pengembangan Kinerja Dosen

Rohingya refugees are an ethnic minority group from Myanmar seeking protection from persecution and violence. Their presence in the border region of Riau Province, Indonesia, poses humanitarian, security, and diplomatic challenges that require humane and internationally standard responses. This study aims to analyze the role of the Indonesian government, particularly the Riau Provincial Government, in handling Rohingya refugees from 2022 to 2024. The methodology used is a qualitative approach with a phenomenological method. Primary data collection was conducted through interviews and observations, while secondary data came from official documents and journals related to the Rohingya refugee issue. Data analysis uses condensation, presentation, and conclusion-drawing techniques. This study finds that the role of the Indonesian government includes multilateral coordination, the implementation of humanitarian policies, human rights protection, health services, and refugee security, in accordance with international instruments and principles. In addition to multilateral cooperation, the role of non-state actors is also important in maintaining human security and meeting the needs of Rohingya refugees. This study contributes to understanding the roles of the government and related actors, while also serving as an important reference for finding humane and constructive solutions to the Rohingya refugee issue on the Riau border.

Sri Utami; Hepy Krisman Laia; Muhammad Arif Sahlepi

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

The purpose of this study is to determine the forms of violence against children and how legal protection for children as victims of crime is according to Indonesian criminal law. Legal protection for children is an important issue that requires serious attention from various parties, including the government, society, and family. Children have basic rights that must be protected to ensure they grow and develop properly. This paper discusses the concept of legal protection for children, the legal basis underlying child protection in Indonesia, and the challenges and solutions that can be applied to improve legal protection for children.  

Markus Andre Mefiboset Simbolon

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Indonesia and Malaysia, as neighboring countries, share deep historical, economic, and social ties, leading to significant migration flows between them. However, alongside legal migration, a considerable number of undocumented Indonesian migrants reside in Malaysia, often accompanied by their children, who are born without proper documentation. These undocumented children face severe barriers to education, as Malaysia’s legal framework, influenced by its reservation to Article 28 of the CRC, restricts access based on nationality and legal status. Despite both states being parties to the CRC, which mandates equal educational rights for all children without discrimination, Malaysia’s policies continue to exclude undocumented children from formal education. This study examines Malaysia’s legal stance, its contradiction with CRC obligations, and the impact on Indonesian children. Malaysia, as the host state, must take greater responsibility by ensuring non-discriminatory access to education and aligning its legal framework with its international commitments. The withdrawal of Malaysia’s reservation to Article 28 CRC and potential constitutional amendments are necessary steps toward fulfilling the right to education for all children within its territory.

Jimmi Pasla; Muhammad Adnan Azzaki

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

Abstract, This research was conducted with the aim of exploring the legal reconstruction efforts based on the Maqasid al-Shari’ah perspective, as reflected in the decision issued by the Supreme Court, in order to provide a legal breakthrough in the distribution of inheritance through the concept of wasiat wajibah (compulsory will) for non-Muslim heirs. The difference in religious affiliation within family law gives rise to serious inheritance issues, as Islamic law strictly prohibits inheritance between people of different religions. In order to maintain national unity and integrity, the Supreme Court issued Decision Number 331 K/AG/2018, which grants the right to a wasiat wajibah to heirs who have converted out of Islam or are non-Muslims. This study is a normative juridical research that employs two legal approaches: the conceptual approach and the analytical approach. The data collection technique used to achieve the research objectives is library-based documentation study. The findings show that all judicial bodies in Indonesia must refer to Article 49, Articles 1 and 2 of the 1989 Law concerning legal provisions on litigation, management, and enforcement of civil litigation in inheritance cases. Furthermore, Qur’an Surah An-Nisa verse 141 and Hadiths from Al-Bukhari and Muslim explain that Islamic identity must be a determining factor for heirs, disregarding wills that are not valid under Islamic law. Based on the results, it can be concluded that a wasiat wajibah for apostate or non-Muslim heirs is treated not as an inheritance, but as a special bequest. According to the Maqasid al-Shari’ah, which serves as the foundation for achieving the objectives of Islamic law through its five core principles of protection, the concept of wasiat wajibah for non-Muslim heirs plays a crucial role in: preserving religion by fostering interfaith tolerance; preserving life by preventing familial conflict; preserving intellect by ensuring access to education for non-Muslim descendants; preserving lineage by recognizing the rights of children as biological heirs through inheritance; and preserving wealth by ensuring the rightful and responsible transfer of ownership of the deceased’s estate.    

Muhammad Sopyan; Budi Sastra Panjaitan; Arifuddin Muda Harahap

Abstrak. Pembaharuan Kitab Undang-Undang Hukum Pidana (KUHP) melalui Undang-Undang No. 1 Tahun 2023 membawa perubahan signifikan dalam sistem pemidanaan, termasuk terhadap anak yang berkonflik dengan hukum. Artikel ini bertujuan untuk menganalisis secara kritis ketentuan pemidanaan anak dalam KUHP baru dengan meninjau kesesuaiannya terhadap prinsip-prinsip Konvensi Hak Anak (Convention on the Rights of the Child/CRC) serta nilai-nilai dalam hukum Islam. Penelitian ini menggunakan pendekatan yuridis normatif dan pendekatan komparatif untuk mengevaluasi sejauh mana hukum pidana nasional telah mengakomodasi prinsip keadilan restoratif, perlindungan kepentingan terbaik anak, dan non-diskriminasi. Hasil kajian menunjukkan bahwa meskipun KUHP baru telah mulai mengadopsi prinsip-prinsip modern dalam perlakuan terhadap anak, namun masih ditemukan kekosongan norma dan potensi tumpang tindih dengan sistem peradilan anak yang diatur dalam Undang-Undang No. 11 Tahun 2012. Di sisi lain, hukum Islam secara substansial menekankan pendekatan edukatif dan korektif dalam menangani pelanggaran oleh anak, yang selaras dengan prinsip CRC. Oleh karena itu, diperlukan rekonstruksi kebijakan pemidanaan anak dalam KUHP yang lebih menyeluruh dan harmonis dengan ketentuan internasional serta nilai-nilai hukum Islam yang berkeadilan.