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Khetrina Maria Angnesia; Sidi Ahyar Wiraguna

Perspektif Administrasi Publik dan hukum 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The rapid development of information technology in the digital era has presented new challenges in the protection of personal data. The government as the state administrator has a constitutional obligation to protect the rights of citizens, including the right to privacy. This study aims to analyze the form of government legal accountability in ensuring the protection of people's personal data amidst the increasing threat of information leaks and protection. The research method used is normative juridical with a regulatory-legislative approach as well as case studies and also the opinions of relevant experts. The research findings show that although there are legal instruments such as Law Number 27 of 2022 concerning Personal Data Protection, the effectiveness of its implementation is still limited by a number of factors, including weak supervision. The results of the analysis show that although regulations such as the Personal Data Protection Law have been present, implementation in the field still faces various obstacles, both in terms of law enforcement, public digital literacy, and transparency of permits. The government has a responsibility not only normatively, but also factually to protect personal data through policies that favor the public interest. The government is required not only to form regulations, but also to carry out supervisory and enforcement functions effectively and accountably, and sustainably in order to protect fundamental rights. Therefore, the government's legal responsibility must be realized through consistent real actions in ensuring the security of personal data in the digital era.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur; Ananda Aulia; Rosyidatul Husna; Gayatri Kartika

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

This article discusses citizenship status in Islamic law, focusing on case studies of Muslim minorities in non-Islamic countries, while considering the dynamics of national law and human rights. The research highlights that in Islamic law, citizenship is often associated with membership in the ummah, although modern Muslim states have adopted contemporary citizenship systems. Developments in Indonesian citizenship policies in the last five years, particularly concerning migration and the rights of foreign nationals married to Indonesian citizens, are also analyzed. However, the implementation of these policies faces challenges due to inconsistencies between national law and Islamic principles related to religious identity. The perspective of Islamic law emphasizes the safeguarding essential rights and human worth, in addition to fairness in the treatment of all individuals. The integration of muslim communities residing in western nations poses challenges in distinguishing the majority from extremist minorities. Additionally, equality, the liberty to make individual choices, and partnership are seen as key elements in shaping the societal lives of muslims across western regions. Therefore, a comprehensive understanding of the interaction between national laws and Islamic principles is needed to guarantee the safeguarding of the rights of muslim minorities worldwide.

Indy Azzahra Putri

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

This study discusses the conflict between Government Regulation Number 28 of 2024 concerning the provision of contraceptives for students with the principles contained in the Child Marriage Law and the National Education System in Indonesia. Although this policy aims to prevent early pregnancy and transmission of sexually transmitted diseases, the provision of contraceptives for students raises concerns because it is considered to legitimize sexual activity among adolescents. This is compared to child protection efforts as stated in the Marriage Law which stipulates the minimum age of marriage and moral values ​​in education. This study uses a normative legal approach to analyze the implications of the policy on children's rights, the education system, and social and cultural values. The results of the study indicate that this policy has the potential to violate the goals of national education and child protection. Therefore, a more balanced policy revision is needed, by integrating comprehensive sex education based on moral values, in order to protect children's rights while providing appropriate education for adolescents.

Fadhilatul Amaliya; Anindya Rahma Fathiya; Dewi Sekar Pembayun; Devina Angelica

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to examine the application of mala in se and mala per se concepts in the counter-terrorism policy in Indonesia, based on Law Number 15 of 2003 in conjunction with Law Number 5 of 2018. Terrorism is categorized as an extraordinary crime that causes serious harm both nationally and internationally. This research employs a literature review and normative legal approach to analyze the application of criminal law norms within the context of human rights protection. The findings show that terrorism, as a mala in se offense, requires a comprehensive legal approach that prioritizes not only national security but also the protection of civil rights. The enforcement of anti-terrorism laws, if applied too broadly and harshly, may violate the principles of due process and substantive justice. Therefore, counter-terrorism efforts must be based on the pro justitia principle, supported by independent oversight and active civil society participation to prevent abuse of power and maintain the integrity of the legal system.

Faiqa Syifa Irawan

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The balance of rights and obligations in contracts is a fundamental basis for creating justice and legal certainty. With effective protection for all parties in the contract, be it in the realm of commerce or other social relations, it is expected to create a conducive legal environment, which in turn encourages social and economic development. The process of drafting contracts in various fields, such as micro, small and medium enterprises (MSMEs), shows the importance of good design to guarantee the rights of each party In this context, it is important to explore how the contract structure can be designed in such a way that both parties can fulfill their rights and obligations fairly, as well as serve as a guideline in resolving disputes that may arise in the future. rights and obligations are basic principles in contract law that aim to create justice, legal certainty, and balanced protection for all parties to the agreement. In the process of contract formation, balance is achieved through the principles of freedom of contract, good faith, and transparent negotiations so that the rights and obligations of both parties are arranged fairly and proportionally.

Berto Purnomo Sidik; Sidi Ahyar Wiraguna

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The protection of personal data privacy rights has become a crucial issue in the digital age. This research aims to analyze the effectiveness of digital applications in increasing public awareness regarding the importance of personal data protection and its legal implications. The research method employed is a literature study with a normative juridical approach, analyzing relevant laws and regulations on personal data protection, literature studies, and an analysis of the features of digital applications that focus on privacy education and control. The results of the study indicate that digital applications have significant potential in raising public awareness through the provision of easily accessible information, visualization of risks, and consent control mechanisms for data usage. However, their effectiveness heavily relies on intuitive interface design, clear and concise information delivery, and developers' compliance with personal data protection principles. This research recommends the need for more comprehensive regulations to ensure the quality standards and accountability of digital applications in educating the public about personal data privacy rights, as well as encouraging collaboration between developers, the government, and civil society organizations to create a safer and more privacy-aware digital ecosystem.

Ibnu Syechkant

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

There are several developments in the practice of pawn gates, on the condition that pawn gates can also be done for the educational needs of nephews or business capital. Developments in the use of transaction tools can now use money. Pagang gadai is known to have no redemption period, and the Wali Nagari Parik Panjang does not want to sign the pawn letter because it is against positive law in Indonesia. There is no legal protection for the implementation of the practice of pawning in the Minangkabau customary law community. This is because land pawning is carried out without registration. The settlement of the problem of pawn disputes in Nagari Parik Panjang, Matur District, Agam Regency using the principle of bajanjang naiak, batanggo turun means that it is resolved from the lowest level, namely deliberation and consensus, then the Nagari Customary Density, to the highest level, namely the court level.

Noor Izzati Amelia; Vichi Novalia; M. Riyas Rasyid; Lisnawati Lisnawati

Qawaid al-Fiqhiyyah are fundamental principles in Islamic law that serve as guidelines for establishing legal rulings, including in the context of marriage registration. Although, in Islam, the validity of a marriage is determined by the fulfillment of its pillars and conditions, marriage registration becomes crucial in state law to ensure legal certainty and provide protection for married couples and their children. The application of fiqh principles such as "Harm must be eliminated" and "Preventing harm takes precedence over obtaining benefits" indicates that marriage registration is necessary to prevent various legal and social issues. Furthermore, this registration aligns with the principle of maslahah (public benefit) in Islamic law, which aims to safeguard the rights of spouses and their offspring. Therefore, although marriage registration is not a requirement for a valid marriage in Islam, from a legal and public welfare perspective, it plays a highly significant role.

Pesona Bias Pelangi Karina Putri; Adelia Adelia; Ganis Vitayanty Noor; Loso Loso

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Genocide against civilians constitutes a severe infringement upon fundamental human rights, demanding a firm response from the international community. This crime not only causes immense suffering for its victims but also poses a serious threat to global stability. Legal accountabillity for perpetrators of genocide is a crucial aspect pertaining to the global framework of international law. In this articles evaluates the mechanisms of legal accountability, highlighting the effectiveness, challenges, and opportunities faced by Judicial bodies like the International Criminal Court (ICC) and temporary tribunals such as the ICTR and ICTY. By examining genocide incidents from the 20th and 21st centuries, the research highlights various shortcomings in the accountability framework, such as political interference, inconsistent legal enforcement, and insufficient international collaboration from member states in extraditing suspects. Legal and administrative obstacles, such as evidence collection and witness protection, also hinder judicial processes. Nevertheless, there are opportunities to enhance the system’s effectiveness, including strengthening the authority of international judicial bodies, improving inter-state coordination, and utilizing technology in genocide investigations. By addressing these shortcomings, the international legal system is expected to become more effective in upholding justice and preventing future acts of genocide.

Valensi Aliya Zahira

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

Nasab is a fundamental concept in Islam that determines a child's relationship with the father, which then affects guardianship rights, inheritance, and family relationships. The preservation of lineage is one of the main objectives of Maqāṣid sharia because it has significant legal, social, and moral implications. Constitutional Court Decision No. 46/PUU-VIII/2010 recognizes the civil relationship between an extramarital child and his biological father if it can be proven by technology or other valid evidence. This decision is in accordance with the concept of nasab in Islam but is not recorded by the state. This study examines the concept of nasab and civil status of out-of-wedlock children in Constitutional Court Decision No. 46/PUU-VIII/2010 from the Maṣlaḥah perspective. Using a juridical-normative approach and descriptive analysis, this research is based on sources, including court decisions and legislation, as well as secondary literature discussing Maṣlaḥah. The results show that the decision is in line with the concept of Maṣlaḥah in Islam. The suitability of the Constitutional Court's decision with the concept of maslahah is based on the status of the applicant's marriage as religiously valid. Decision No. 46/PUU-VIII/2010 is not appropriate when used as jurisprudence for children born outside a legal marriage or can be called adulterous children.

Faradilla Meisya Valda

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The principle of proportionality plays an important role in ensuring the balance of rights and obligations between the parties in a reciprocal agreement. In the context of Indonesian contract law, this principle functions as a mechanism to prevent inequality that can harm one of the parties, especially in commercial and complex contracts. As stated by Hernoko (2016), the application of the principle of proportionality in commercial contracts aims to create substantive justice through a balanced exchange of rights and obligations between the parties. This study uses a normative legal approach with a literature study method, which involves an analysis of related laws and regulations and case studies. This approach allows researchers to explore the application of the principle of proportionality in various types of reciprocal agreements, including franchise agreements and construction service contracts. For example, a study by Susanto et al. (2021)1 highlights how the principle of proportionality is applied in construction service contracts to ensure a fair distribution of responsibilities between contractors and clients. The results of the analysis show that consistent application of the principle of proportionality can improve justice in contractual relationships. In franchise agreements, for example, Rahmawan et al. (2020)2 found that the application of this principle helps create a balance between the rights and obligations of franchisors and franchisees, who often have different bargaining positions. Thus, the principle of proportionality functions not only as a legal principle, but also as a practical tool to achieve justice in contractual practices.

Putri Areta Arzety Sinaga; Yesi Nabila Putri; Vanesia Vanesia

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

Advocates are one of the main pillars in the justice system that have a strategic role as law enforcers, human rights defenders, and guardians of justice. However, amidst high public expectations for the integrity and professionalism of advocates, various serious challenges have emerged, one of which is the practice of corruption that can damage the dignity of this profession. This article aims to examine the position of advocates as enforcers of justice from the perspective of professional ethics and the potential for involvement in corruption. Using a normative legal approach, this article analyzes the legal basis and code of ethics of advocates, as well as real case studies as an empirical illustration.      

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Anisa Fajri Azizah; Sri Wahyuni; Melina Arum Dwi Cahyanti

Al-Tarbiyah: Jurnal Ilmu Pendidikan Islam 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Mass media plays a crucial role in shaping public perceptions of various groups, including Muslims. This study examines how Muslims are represented in the media and its impact on national identity. The research employs a literature review method with content analysis from academic journals, books, and news reports. The findings show that Muslim representation in the media varies, often exhibiting biases that influence public perception. In politics, Muslims are frequently associated with extremism, particularly in Western media. In social and cultural aspects, negative stereotypes persist despite some media highlighting positive Muslim contributions. These representations impact national identity, either strengthening or weakening individuals' sense of belonging to their country and their access to citizenship rights. Therefore, more objective and balanced journalism practices are needed to support the creation of an inclusive and harmonious society.

Dede Fadilatunisa; Dwi Wahyu Candra Dewi

The song "Bayar Bayar Bayar" by the band Sukatani describes a social critique of injustice in public services in Indonesia, especially those involving the police institution. Through simple yet meaningful repetitive lyrics, the song reflects the reality of people's lives who have to face additional costs to obtain public services that should be free or fair. In this analysis, the song is connected to Nancy Fraser's concept of social injustice, which shows the inequality in the distribution of social rights, as well as the instrumental theory of law which states that law is often a tool for certain interests. The aesthetic techniques used in the song, including repetition and hyperbole, strengthen the message of social criticism, making it a means of resistance to corrupt social structures. In the Indonesian social context, the song also serves as a reflection of society's distrust of public institutions and becomes a medium of expression that encourages collective awareness of broader issues of injustice.

Nurul ‘Izzah HD; Tharisya Putri Ramadhani; Desy Pardilawati; Siti Indri Permatasari

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

Parenting and Child Adoption are crucial aspects of child protection implementation. This article explains suitable parenting patterns for parents to apply to their children. It also highlights child adoption as a subsequent step when no party is responsible for the child's custody. Adoption involves the legal transfer of parental responsibilities and custody from child’s biological family to the adoptive family. There are procedures for carrying out the adoption of a child which must be observed and complied with as outlined by legal regulations. This is intended to safeguard and uphold the child’s rights overall welfare.

Pajriah Pajriah; Muhammad Alif; Masrukhin Muhsin

Jurnal Miftahul Ilmi: Jurnal Pendidikan Agama Islam 2025 STIKes Ibnu Sina Ajibarang

This article discusses the secret to wealth from the perspective of the Hadith of Prophet Muhammad (peace be upon him), emphasizing the importance of understanding wealth both spiritually and physically. In society, many questions arise regarding how to become wealthy according to Islamic teachings, especially based on the Prophet's hadiths. Therefore, this article aims to provide a Sharia-compliant guide on how to acquire wealth and how to distribute it properly. The discussion focuses on four main points: (1) understanding true wealth that has eternal value in the hereafter, (2) motivation to pursue wealth, (3) factors that attract sustenance, and (4) factors that hinder sustenance. The author highlights the issue that many people desire wealth but pursue it through means prohibited in Islam, such as stealing, engaging in usury, or seizing others' rights. In this context, the hadiths serve as the main foundation for explaining the principles of blessed and lawful wealth. Through this article, the author hopes to provide society with the correct understanding of how to seek worldly wealth while upholding Islamic values. This article is also expected to serve as a guide to build spiritual awareness and ethical conduct in striving for success, and to offer a reflection for both the author and readers on the journey toward halal and blessed wealth.

Dina Gita Prianti

Perspektif Administrasi Publik dan hukum 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The increase in the PPnBM rate to 12% in Law 7/2021 on Luxury Goods is a fiscal reform strategy to increase state revenue and control the consumption of luxury goods. This policy aims to broaden the tax base and reduce socio-economic inequality. From a legal perspective, its implementation must uphold the principles of justice, legal certainty, and protection of taxpayer rights. Clear derivative regulations, transparent implementation, and strict supervision are needed to prevent abuse. This paper analyzes the policy through normative and conceptual approaches of tax administration law and fiscal economics.

Krisnadhi Winangun; I Gusti Ayu Agung Andriani; Ni Nyoman Ernita Ratnadewi; I Nyoman Suarna; I Gusti Ayu Aditi +1 more

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The purpose of this research is to understand the legal protection for children who are victims of parental neglect and to identify the forms of accountability for parents who neglect their children. The type of research used in this study is normative-empirical research. The data in this research were obtained through observation, interviews, documentation, and literature studies using the legislative approach, conceptual approach, and case approach. The discussion in this research refers to the Law of the Republic of Indonesia Number 35 Year 2014 concerning child protection, which states that legal protection for children can be interpreted as efforts to legally protect various freedoms and fundamental rights of children. In Hinduism, it is also explained that protection for children must be carried out since the child is in the womb. It is not acceptable for a child in the womb to receive any mistreatment from anyone, especially after the child is born into the world and lives like other humans in general.

Prioni Rahmanda Saputri

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The rapid development of digital technology in the era of the Fourth Industrial Revolution has significantly impacted Indonesia’s legal framework, particularly concerning digital privacy protection. This study aims to analyze the effectiveness of Undang-Undang Nomor 19 Tahun 2016 as an amendment to Undang-Undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik (UU ITE) in protecting digital privacy during the administration of President Joko Widodo. This research uses a normative legal method with a statutory and content analysis approach to examine digital legal policy. The findings show that, although there have been advances in regulation and law enforcement, digital privacy protection in Indonesia remains fragmented and has not fully adapted to the dynamic development of technology. The absence of a comprehensive legal framework and delays in the enactment of a dedicated data protection law are major challenges. The implications of this study highlight the urgency of formulating more progressive and holistic legal policies, along with adaptive regulations to ensure the protection of individual rights in the digital sphere.

Aliyah Putri; Aura Fariza Yulianti Saputri; Aulia Fariza Yulianti Saputri; Sintong Arion Hutapea

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

Human trafficking is a complex crime against humanity that involves the exploitation of vulnerable individuals, including Indonesian citizens who have become victims of online scams in Cambodia. This study aims to analyze the implementation of legal protection for victims of human trafficking in Cambodia and to identify the challenges and obstacles faced in efforts to combat this crime. The research method used is a qualitative approach with descriptive analysis, gathering data from various secondary sources, including legislation, legal documents, and relevant academic literature. The findings indicate that although the Indonesian government has made efforts to rescue and rehabilitate victims through diplomatic roles and international cooperation, there are still significant challenges, such as differences in legal systems, limited resources, and the increasing complexity of trafficking modus operandi. Therefore, a comprehensive approach is needed, encompassing the strengthening of bilateral cooperation, enhancing the capacity of law enforcement officers, and public education to prevent human trafficking. This study emphasizes the importance of collaboration between governments, society, and the international community in protecting human rights and the dignity of individuals from exploitation.