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Rampengan, Ricky Rifaldi; Moonti, Roy Marthen; Ahmad, Ibrahim

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article examines the role of the Formed Police Unit (FPU) in the perspective of international humanitarian law and international human rights law, particularly in the context of civilian protection in conflict areas. The FPU is an armed police unit deployed in UN peacekeeping missions with a mandate to protect civilians, maintain order, and support post-conflict recovery. Despite its strategic role, the FPU faces legal, operational and socio-cultural challenges. This study uses a normative-juridical approach by analyzing international legal documents, UN operational standards, and academic literature. It is emphasized that the effectiveness of the FPU is highly dependent on human rights-based training, clarity of mandate, logistical readiness, and the ability to build trust with local communities. This article recommends strengthening accountability mechanisms and cross-sector integration in peace missions, so that the FPU is able to carry out its protection mandate substantially and in accordance with applicable international legal principles.

Afandi Afandi; Meira Chusnul Khotimah; Meylisa Eka Putri; Endang Kartini Panggiarti

Jurnal Akuntan Publik 2025 International Forum of Researchers and Lecturers

This research was conducted with the aim of knowing the differences between PSAK 22 and IFRS 3 regarding business combinations in the preparation of consolidated financial statements in companies in Indonesia. The type of method used is a qualitative method using a literature study approach because this approach provides an overview for researchers about the development of the topic of discussion. The data source used is secondary data that has been analyzed so that it can be developed to describe the research topic. Based on the results of the research analysis, there are several differences in PSAK 22 and IFRS 3, including the components of financial statements, disclosures in the statement of financial position, the term minority rights, extraordinary items, and in the presentation of long-term liabilities to be refinanced.

Mirna Syafitri Rahmadani; Sumantri Ritonga; M. Iqbal Parinduri; Herna Adelia BR Simamora

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

This study uses a qualitative method to analyze criminal law enforcement against violations of workers’ rights, especially cases of worker neglect based on Law Number 13 of 2003 concerning Manpower. The focus of this study is to examine how the implementation of criminal law is applied in handling cases of worker neglect, as well as the effectiveness of legal protection provided to workers whose rights are violated. Through a descriptive analytical approach, data were collected from various sources, including interviews with related parties and legal document studies, in order to obtain a comprehensive picture of the obstacles and challenges in law enforcement in the field of employment. The results of the study indicate that although Law Number 13 of 2003 has clearly regulated the rights and obligations of workers and employers, there are still obstacles in its implementation, especially in terms of supervision and enforcement of criminal sanctions against violations. This study recommends increasing the role of labor inspectors and optimizing law enforcement mechanisms to ensure effective protection of workers’ rights.

Abdullah Noerkholis; Muhammad Alif

Reflection : Islamic Education Journal 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

The Islamic ethics of war are an important part of Sharia teachings, emphasizing that moral and humanitarian principles must be upheld during times of conflict. Islam does not view war as an ultimate goal, but rather as a last resort for defending justice, fighting oppression, and protecting people from real threats. In this context, the Quran and the sayings of the Prophet Muhammad (PBUH) provide clear guidelines for Muslims to follow when engaging in war. These include prohibitions against killing non-combatants, such as women, children, and the elderly. They also prohibit dangerous public institutions, worship, and neighborhoods. Muslims are also obligated to treat prisoners of war humanely. The Qur'an and Hadith clearly regulate the treatment of prisoners of war, emphasizing the principles of justice, respect for humanity, and the rights of individuals in the midst of warfare. Understanding and applying Islamic war ethics invites Muslims to avoid an aggressive attitude and to use war as a means of defending noble values while maintaining human dignity. This research uses the thematic method to analyze hadiths about war. The results of this research are broadly covered in three areas: the definition of war, the prohibition of cruel actions in war, and war strategies. The results of the research are expected to provide insight as well as a foundation for further discussion.

Eka Fitriana; Lydyana Trisnaeni Martin; Nur Aulia Lathifah; Roselia Ariyanti; Kuswan Hadji

Public Service And Governance Journal 2025 Universitas 17 Agustus 1945 Semarang

This research analyzes the legal provisions regarding the obligation to pay overtime wages and legal options for workers if the company fails to provide overtime compensation. Overtime wages are the right of workers regulated in Law No. 13 of 2003 concerning Manpower which has been amended by Law No. 6 of 2023 and Government Regulation No. 35 of 2021. This study uses a case analysis of PT X in Semarang, which was accused of not paying overtime wages in full to its employees. The findings show that despite clear legal regulations, implementation faces various obstacles, such as inadequate supervision and lack of legal awareness. Employees whose rights are not met can pursue out-of-court (e.g. bipartite negotiation, mediation, conciliation, arbitration) and court channels through the labor court. Non-compliance with regulations on overtime pay not only impacts the economic situation of employees, but also causes imbalances in labor relations. This research recommends strengthening the labor inspection system, increasing transparency in the handling of working hours, increasing legal awareness among employees, and developing a more accurate time recording system to ensure the fulfillment of employee rights according to the applicable regulations.

Anak Agung Bagus Adhita Mahendra Putra

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

Corruption is an extraordinary crime with systemic impacts on a nation’s political, economic, and social stability. Various countries adopt different penal approaches to combat corruption, including Indonesia and China. This study aims to analyze and compare the effectiveness of criminal penalties in addressing corruption in both countries. The research uses a normative-juridical and comparative approach by examining legislation, empirical data, and relevant case studies. In Indonesia, the implementation of criminal sanctions tends to be more moderate, with imprisonment and fines being the dominant forms of punishment. However, enforcement faces challenges such as weak institutional independence and political interference. In contrast, China enforces much harsher penalties, including life imprisonment and the death penalty, as part of its "zero tolerance" anti-corruption policy supported by centralized political power. The findings show that although China’s repressive approach appears more stringent, the success in curbing corruption is not solely determined by the severity of the punishment. Instead, it also depends on the consistency, transparency, and integrity of the legal enforcement system. This study recommends that Indonesia reform its criminal policy to be firmer while still upholding principles of human rights and justice.

I Putu Gede Nesa Saputra Yasa

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

The development of the digital economy has led to a significant increase in the number of freelance workers in Indonesia. Despite their growing contribution to the economy, their legal status within the national employment system remains normatively ambiguous. This research aims to analyze the normative ambiguity of the status of freelance workers in Indonesian legislation and its juridical implications for their legal protection. The research method used is normative juridical with a statute approach and a conceptual approach. The results indicate that Law No. 13 of 2003 concerning Manpower in conjunction with Law No. 6 of 2023 does not explicitly define or regulate the category of freelance workers. Consequently, their legal relationship is often positioned in a grey area between a "work relationship" of a subordinative nature and a "partnership relationship" of a coordinative nature based on the Indonesian Civil Code. The implications of this ambiguity are significant, encompassing the absence of normative rights such as minimum wage, social security, severance pay, and uncertainty in dispute resolution mechanisms. This study concludes that normative ambiguity creates legal vulnerability for freelancers and recommends regulatory reform to provide legal certainty and adaptive protection for non-standard work models.

Brigita Natalia Rose Santi; Adi Sulistiyono

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

Postponement of Debt Payment Obligations (PKPU) is a legal mechanism that provides an opportunity for creditors and debtors to submit a debt reschedule plan to avoid bankruptcy. In the PKPU process, creditors have a role in determining the success of the agreement. In this case, concurrent creditors are more advantaged, because their position can be equal to that of separatist creditors who have collateral. This study examines how the existence of concurrent creditor sovereignty in the agreement process through PKPU, and to what extent the regulations regarding concurrent creditors and their rights are benefited in the cassation decision, especially in the Supreme Court Decision Number 751 K /Pdt.Sus-Pailit/2024. This research is a normative legal research, with prescriptive legal approach and conceptual approach. The types of data used include primary and secondary legal materials, which are collected through literature studies. The legal material analysis technique uses the syllogism and interpretation methods. The results of the analysis, this study identifies how the protection of concurrent creditor sovereignty in peace through PKPU. And how the Supreme Court Decision in Decision No. 751 K/Pdt.Sus-Pailit/2024 pays more attention to concurrent creditors. In this discussion, shows how the regulations and legal protection of concurrent creditors, while discussing the Supreme Court Decision No. 751 K/Pdt.Sus-Pailit/2024 which gave rise to polemics in the interpretation of the provisions of Article 281 paragraph 1. However, it is likely to reflect the judiciary in considering all creditors and debtors, to achieve equal justice for all parties.

Arya Pratama Nazara; Mhd Fadillah Pulungan; Lokot Hasanah Harahap; Rizka Arifah

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

This study uses qualitative methods to analyze the law on menstrual leave and maternity leave rights in the practice of the workplace in Indonesia. This study aims to examine the implementation of Law Number 13 of 2003 concerning Manpower which provides menstrual leave and maternity leave rights for female workers, and examines the obstacles faced in its implementation in various companies. The results of the study indicate that although the legal framework has clearly regulated these rights, their implementation in the field is still not optimal. The main obstacles found include the lack of understanding and awareness of workers and employers, weak government supervision, and the existence of cultural stigma and discrimination related to menstruation and pregnancy. In addition, several companies still implement policies that are not in accordance with regulations, such as salary deductions or restrictions on leave rights. This study recommends increasing the socialization of regulations, strengthening supervision, and enforcing strict sanctions so that legal protection for menstrual leave and maternity leave rights can be realized fairly and effectively, thereby supporting social justice and the protection of female workers in Indonesia.  

Jalaludin, Diding; Deni Kamaludin Yusup; Tatang Astarudin

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

The purpose of this research is to analyse the legal status of children born from marriages of different nationalities in the perspective of Indonesian Civil Law and Islamic Law. This research is important because children born from mixed marriages are entitled to protection of their legal status in order to maintain the continuity of life, legal position and civil interests. The research method used is normative juridical legal research with qualitative data types in the form of secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials relevant to the topic of this research and data collection techniques using library research or literature studies with legal material analysis techniques using descriptive analysis methods. The results of this study state that the law of marriage between different nationalities in the perspective of Indonesian civil law and Islamic law raises problems with the law of marriage itself as well as the legal status, civil rights and citizenship rights of children. In the perspective of Indonesian civil law and Islamic law, the law of marriage of different nationalities is a valid marriage and the legal status of the child is a legitimate child, the civil rights of children from marriages of different nationalities are the same as children in general and the legal status of the child's citizenship as an Indonesian citizen follows the citizenship of the father or mother who is an Indonesian citizen and can also have dual citizenship until he is 18 years old or married, after which the child must declare choosing one of his citizenship.

Elvita Septia Liza; Padrisan Jamba

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

This article analyzes Saddam Hussein's individual responsibility as a subject of international law based on crimes committed during his rule in Iraq. Saddam Hussein was charged with various serious crimes such as war crimes, crimes against humanity, and genocide. This review covers relevant international legal instruments, Saddam Hussein's trial process, as well as criticism of the legitimacy and fairness of the trial. This research highlights the importance of applying the principle of individual responsibility in international law to uphold justice and prevent impunity for state leaders who commit serious violations. Apart from that, this article also discusses the challenges faced by the international justice system in dealing with cases involving heads of state, as well as the implications of court decisions for the development of international law and global human rights enforcement. In this way, this study seeks to provide a deeper understanding of the evolution of international criminal responsibility, as well as its role in preventing similar atrocities in the future.

Mastiwi Putri Harefa; Timbul Dompak; Etika Khairina; Iranda Firiansyah

International Journal of Communication, Tourism, and Social Economic Trends 2025 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Both the process of democratization and the societal change that has taken place in Indonesia have been significantly influenced by globalization. The purpose of this study is to conduct a literature review that focuses on the relationship between globalization, social transformation, and the growth of democracy in Indonesia. With the help of a qualitative methodology that is founded on literature studies, this research investigates the ways in which the flow of information, technology, and global values influences the mentalities of individuals, as well as the social structures and political dynamics in Indonesia. The findings of the study indicate that globalization fosters the development of a society that is more receptive to democratic principles, such as the protection of human rights, the freedom of expression, and the provision of opportunities for political engagement. There are, however, challenges that come along with globalization. These challenges include socio-economic inequality, the erosion of local values, and threats to ethnic and cultural sovereignty. With globalization serving as a catalyst in improving political freedom and expanding civil society involvement, the process of democratization in Indonesia developed fast after the reforms that took place in 1998. The findings of this study highlight the significance of policies that are capable of striking a balance between the impact of globalization and the maintenance of local identity. This is necessary in order to bring about social change that is inclusive and to enhance democracy in Indonesia in a way that is sustainable.

Muhammd Arif Siregar

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2025 International Forum of Researchers and Lecturers

Marriage or marriage is a contract that legitimizes association and limits the rights and obligations between a man and a woman who are not mahram. To achieve marriage, pre-marital guidance is provided for prospective brides and grooms which is the order of the Ministry of Religion through the KUA in the District, one of which is the KUA in Silangkitang District. Therefore, one of the pre-marital guidance aims to provide a good and correct understanding, so that Muslim families will be able to realize a sakinah mawaddah warahmah family. So is pre-marital guidance effective in realizing this at the KUA Silangkitang for prospective brides and grooms there, this study will discuss this. From the background above, the author focuses on two problem formulations, namely (1) How is the effectiveness of the law on pre-marital guidance according to the KUA Silangkitang District? (2) How is the effectiveness of the law on pre-marital guidance according to prospective brides and grooms at the KUA Silangkitang District? The type of research conducted by the author is field research using qualitative types. The data collection techniques for this study are observation, interviews and documentation. Meanwhile, for the research analysis, the theory of Miles and Hubermen is used, namely data reduction, data display, and drawing conclusions or verification. The effectiveness of the law on premarital guidance according to the KUA of Silangkitang District has been effective in five aspects. Regarding the effectiveness of the law on premarital guidance according to prospective brides and grooms at the KUA of Silangkitang District, it has been effective in four aspects, (legal factors, law enforcement factors, factors of facilities or facilities that support law enforcement, community factors). What has not been fulfilled is the aspect of the culture of the community or the culture of the community has not been effective because some of the bride and groom do not understand premarital guidance.  

Usman, Arya Ramadhan; Mokodogan, Natasya; Moonti, Roy Marthen

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

Female-headed households (PEKKA) in rural areas represent a vulnerable group that often faces structural barriers in accessing their social and economic rights, particularly in relation to Cash Transfer Assistance (BLT) policies. The urgency of this study stems from the persistent gap between policy implementation and the specific needs of PEKKA. This research aims to examine the forms of legal protection and economic access available to PEKKA in several villages in Central Java through the BLT scheme. Utilizing a qualitative approach, data were collected through in-depth interviews, observation, and document analysis, and analyzed using descriptive qualitative methods. The findings reveal that administrative obstacles, social stigma, and the lack of gender-sensitive approaches are key factors hindering the fulfillment of PEKKA’s rights. Although formal policies exist, their implementation at the local level remains unresponsive and fails to address structural inequalities. This study contributes to the development of socially just and gender-equitable policy frameworks at the village level. It concludes that reformulating inclusive and advocacy-based social policies for PEKKA is essential, alongside further research exploring transformative legal approaches and sustainable economic empowerment.

Ubaidillah Ibnu Mas’ud

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the transfer of custody (hadhanah) rights of a non-mumayyiz child to the father, as decided in Judicial Decision No. 1882/Pdt.G/2019/PA.Mdn by the Medan Religious Court. According to Article 105 letter (a) of the Compilation of Islamic Law (KHI), the custody of a child under the age of 12 (non-mumayyiz) is generally granted to the mother. However, in this case, the court ruled otherwise. The focus of this research is to analyze the legal reasoning and judicial considerations behind this deviation from normative provisions. This is a normative legalresearch employing a juridical and conceptual approach. Primary data include statutory provisions and the official court ruling, while secondary data are derived from classical Islamic jurisprudence, modern legal commentaries, and related literature. The analysis uses descriptive-analytical methods to examine the legal basis, fiqh arguments, and the principle of maslahah al-mahdhun (best interests of the child). The findings indicate that the court transferred custody to the father on the grounds that the mother had remarried and was experiencing psychological instability, which could endanger the child’s well-being. The decision was based on Article 156 letter (c) of the KHI, which allows custody to be transferred if the mother fails to guarantee the child’s physical and mental safety. The judge also considered the father's financial capability, emotional stability, and supportive environment as decisive factors in ensuring the child's best interests. This research concludes that child custody in Islamic law is flexible and adaptive, prioritizing the child’s welfare over formal legal entitlements. It also highlights the role of religious court jurisprudence in aligning Islamic legal norms with contemporary social realities.

Yessi Juwita lestari Saragih; Timbul Dompak; Karol Teovani Lodan

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

The escalation of global terrorism has posed substantial obstacles to the safeguarding of human rights globally. This study analyzes the intricate relationship between counter-terrorism strategies and human rights, highlighting how security policies may curtail individual liberties. This study conducts a comprehensive examination of several case studies to examine the effects of anti-terrorism laws and procedures in different nations. It further examines the intricate equilibrium that governments must sustain between safeguarding national security and preserving human rights norms. The study utilizes qualitative methodologies, encompassing document analysis and expert interviews in the domain. The findings indicate that although counter-terrorism initiatives are essential for public safety, they frequently lead to infringements of civil liberties, especially impacting underprivileged communities. The paper emphasizes the necessity of tackling these difficulties to guarantee that security measures do not excessively violate basic rights.The report concludes by recommending measures for policymakers to enhance human rights protections within counter-terrorism frameworks. Essential recommendations encompass promoting accountability and transparency in security operations while implementing equitable, non-discriminatory rules. Through the implementation of these measures, governments can proficiently counter terrorism while upholding fundamental human rights principles.

Melia Dwi Hasanah; Dea Zulfa Inayah; Nazwa Bunga Rezki Perdana Lubis; Cindy Aulia

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

This study uses a qualitative method to examine legal protection for female workers who experience discrimination in employment relationships. Discrimination against women in the workplace remains prevalent, taking forms such as unequal pay, limited opportunities for promotion, and sexual harassment, all of which affect their safety and comfort at work. Legal protection for female workers is regulated by various laws, including the Manpower Act, the Human Rights Act, and ILO conventions ratified by Indonesia. However, the implementation of these protections is often ineffective due to weak law enforcement, limited awareness among female workers regarding their rights, and the persistence of patriarchal culture. This study aims to analyze the extent to which legal regulations and their implementation function effectively, as well as the obstacles female workers face in claiming their rights. Data were collected through in-depth interviews, literature review, and document analysis. The findings indicate the need to strengthen labor inspection institutions and provide legal education for female workers to achieve justice in employment relationships.  

Aldi Wijaksono; Ayuni Ayuni; Syarifah Aini

Jurnal Ekonomi dan Keuangan Islam 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This study delves into the philosophical and theological core of the concept of ownership in Islamic economics, a paradigm fundamentally distinct from capitalism and socialism. We uncover the essence of ownership as a divine trust, categorized into individual, public, and state domains. Our findings demonstrate how each type of ownership is governed by clear boundaries and rights, tightly integrated with social responsibility to achieve universal well-being and distributive justice. This study also examines the dynamic harmonization between private and public ownership, achieved through vital instruments like zakat, infaq, sadaqah, and productive waqf, as well as the crucial role of government in providing public goods. Despite facing significant challenges such as the dominance of the global capitalist economy and low sharia literacy, we highlight digitalization as a strategic opportunity to boost the efficiency, transparency, and inclusion of sharia finance. This opportunity holds substantial potential to strengthen the harmonization of ownership within the broader Islamic economic ecosystem. In short, a deep understanding of this Islamic concept of ownership is key to formulating more just and balanced economic policies and community development in today's rapidly evolving modern era.

Ahaya, Siska; Moonti, Roy Marthen; Ahmad, Ibrahim

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

The Constitutional Court (MK) Decision Number 55/PHPU.BUP-XXIII/2025 is an important precedent in the dynamics of regional head election law in Indonesia. The Constitutional Court canceled the participation of the North Gorontalo Regent candidate pair because one of the candidates was still undergoing a criminal probation period. This article analyzes the Constitutional Court's legal considerations and their implications for the principle of legal certainty and protection of voters' constitutional rights. This study uses a normative legal approach with a descriptive-qualitative analysis method of laws and regulations and Supreme Court decisions. The results show that the enforcement of strict nomination requirements by the Constitutional Court emphasizes the importance of compliance with the law in the democratic process, while ensuring that regional head candidates have proper moral and legal integrity, this decision also emphasizes that the election process is not only procedural, but also substantial in ensuring the quality of leadership that will be elected. In addition, this decision provides guidelines for election organizers, especially the General Election Commission (KPU), to be more careful in conducting factual verification of candidate requirements. On the other hand, political parties are encouraged to be more selective in nominating candidates, in order to avoid potential legal disputes that could harm public trust in democracy.

Janter Panjaitan; SyahputraAditya K S; Elyassin Firdaus; Prastian Nur Huda

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

The handling of terrorism crimes in Indonesia requires a balance between safeguarding the rights of perpetrators as individuals entitled to human rights and fulfilling the rights of victims affected by such acts of violence. This study aims to evaluate how human rights protections for terrorism suspects are upheld during legal proceedings, as well as how the state strives to protect and rehabilitate victims of terrorism under Law No. 5 of 2018 on the Eradication of Criminal Acts of Terrorism. Using a normative juridical approach, this research analyzes a case study based on the North Jakarta District Court’s Decision No. 1580/Pid.Sus.Terrorism/2020/PN.Jkt.Utr. The findings indicate that terrorism suspects are granted fair legal treatment, including the right to defense, a fair trial, and protection from torture, in accordance with the principle of non-derogable rights under international human rights law. On the other hand, Law No. 5 of 2018 establishes a clearer and more comprehensive legal framework to ensure victims' rights, including rehabilitation, compensation, and restitution. However, the implementation of victim protections still faces various technical and administrative challenges. This study recommends strengthening mechanisms for victim protection and enhancing legal enforcers' awareness of human rights principles in handling terrorism cases.