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Defana Tri Rakhiish Dani; M. Fahmi Fahruddin; M. Rizki Prasertyo; Abdul Roja

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

Every individual possesses both rights and obligations that must be understood and exercised in a balanced manner to maintain social order, justice, and collective well-being. A clear understanding of citizens’ responsibilities is essential for creating a prosperous and harmonious society. This study examines the rights and obligations of citizens as stipulated in the 1945 Constitution of the Republic of Indonesia, with a primary focus on exploring how the Constitution guarantees, regulates, and implements these fundamental principles in national life. The research employs a qualitative method with a descriptive-analytical approach. Data were collected through desk research, analysis of constitutional provisions, examination of relevant legal documents, and review of related academic literature. The findings indicate that the 1945 Constitution provides strong protection for fundamental human rights, including the rights to education, health services, employment, legal protection, and freedom of expression. At the same time, the Constitution clearly outlines citizens’ obligations, such as obeying the law, paying taxes, respecting the rights of others, participating in national defense, and contributing to social harmony. The study emphasizes that rights and obligations are interconnected and must be carried out proportionally. Understanding and applying these constitutional principles is crucial for strengthening democratic governance, enhancing legal awareness, and fostering a just, orderly, and sovereign nation.

Rengga Kusuma Putra; Retno Saraswati; Edvardas Juchnevicius; Aulia Rahman

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

Background: Criminal justice reform has become a crucial global issue in maintaining the balance between the protection of individual rights and state authority, particularly amid the increasing complexity of law enforcement and the risk of abuse of power. Objective: This study aims to analyze the relationship between the principles of due process of law, legal accountability, and the rule of law within criminal justice systems, as well as to compare their implementation in common law and civil law systems. Methods: This research employs a normative and comparative approach through the analysis of legal regulations, criminal justice practices, case studies of procedural violations, and cross-country comparisons, supported by interviews with academics and legal practitioners. Results: The findings indicate that although the principles of due process, legal accountability, and the rule of law are widely recognized, their implementation still faces significant challenges, including weak oversight, procedural inconsistencies, and limited institutional capacity. The comparative analysis also reveals a growing convergence between common law and civil law systems in adopting human rights-based standards, despite differences in procedural approaches. This study concludes that the holistic integration of these three principles is essential to establish a fair, transparent, and accountable criminal justice system.

H Muhamad Rezky Pahlawan MP; Baharuddin Riqiey

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

Background: The rapid development of blockchain technology and smart contracts has fundamentally transformed contractual relationships by shifting the role of human interpretation and enforcement toward automated, code-based, and decentralized systems. This transformation generates complex legal implications, particularly regarding the evolution of contractual liability, which is increasingly distributed and no longer centered on a single legal subject. Objective: This study aims to analyze the evolution of contractual liability in smart agreements and examine how such transformation affects the fundamental principles of traditional contract law within modern legal systems. Methods: This research employs a normative and conceptual legal approach, supported by an analysis of blockchain regulations across multiple jurisdictions, case studies of smart contract implementation, and a comparative legal analysis between civil law and common law systems, complemented by a multidisciplinary literature review. Results: The findings indicate that contractual liability in smart agreements has evolved from a centralized fault-based liability model to an algorithmic, distributed, and code-dependent liability structure within blockchain ecosystems. This evolution creates new legal challenges concerning the attribution of liability, legal certainty, and the limitation of judicial intervention in automated contractual arrangements. Furthermore, the study identifies a tension between technological efficiency and substantive legal justice, highlighting the need for adaptive legal frameworks capable of accommodating decentralized technologies while ensuring the protection of legal rights and accountability of involved parties.

Maskawati Maskawati; Muhammad Tryas Budi Firamulia; Burhanuddin Burhanuddin

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

The state of law and democracy are two concepts that are interrelated in the mechanism of managing the government of a country. Democracy provides the foundation for creating equality and equality of rights for all citizens, while the state of law emphasizes that power in a country must be subject to the rule of law, not the will of a particular individual or group. This research is a normative legal research with a normative juridical approach that seeks to explore the harmony of legal rules with applicable norms. The results of the study show that from the colonial period to the reform era, a lot of progress has been made in strengthening the principles of the rule of law, both formally and substantially. The 1998 reform was a momentum that marked a strong commitment to make Indonesia a democratic country of law, where every citizen has rights and obligations protected by law. In Indonesia, democracy has gone through various phases from the parliamentary era, Guided Democracy, New Order, to the reform era that provides greater space for people's involvement.

Ikhwan Nur Ramadhan; Damar Arrya Akbar A; Fajar Kurniawan; Herdandi Bagus A.P.

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

This study explores how the drafting process of the Bill (RUU) for the Revision of the Indonesian National Armed Forces (TNI), which was approved to become Law Number 3 of 2025, occurred amidst massive public protests, with an emphasis on violations of the principles of openness, participation, and accountability as regulated in the 1945 Constitution and Law Number 12 of 2011 concerning the Formation of Legislative Regulations. The public's rejection illustrates the potential for abusive law making, threats to civilian dominance, and the possibility of a return to the dual function of the military from the New Order period, supported by protests, petitions from civil society organizations such as NU, WALHI, and KONTRAS, as well as an application for constitutional review to the Constitutional Court. Adopting the perspective of Habermas’s theory of deliberative democracy and Weber’s concept of legitimacy, this research asserts that the argument for the annulment of this Bill is growing stronger, in order to uphold democratic law making and the protection of human rights.

Dito Aditia Darma Nst; Ela Diovera Niel; Lismayana Eryanti Siregar; Muti Lulu Habibah; Elveria Melda Sinaga +2 more

Proceeding of the International Conference on Management, Entrepreneurship, and Business 2025 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

Digital transformation has significantly reshaped human resource management (HRM) through the adoption of Human Resource Information Systems (HRIS), artificial intelligence (AI), big data analytics, e-learning platforms, and remote work technologies. Although these innovations improve efficiency and decision-making, they also generate ethical challenges related to data privacy, algorithmic bias, transparency, and employee monitoring. This article examines the role of professional ethics in HRM within the context of digital transformation, highlighting both emerging challenges and potential opportunities. This study employs a conceptual research approach supported by a comprehensive literature review of scholarly works on HRM, professional ethics, and digitalization. The analysis focuses on core ethical principles such as integrity, fairness, responsibility, professionalism, and confidentiality, and evaluates their implementation in digital HR practices. The findings indicate that unethical use of digital technologies may lead to discrimination, reduced employee trust, and violations of individual rights, particularly through biased AI-based recruitment systems and opaque performance evaluation mechanisms. However, digital transformation also offers opportunities to strengthen ethical HR governance. The use of ethical data management, algorithmic audits, digital transparency, and e-learning-based ethics training can enhance accountability and fairness in HR processes. The study concludes that integrating professional ethics with digital HRM is essential for developing human-centered, sustainable, and trustworthy organizations in the digital era.

Adtila Prawoko; Ab’dan Syukur; Nadia Putri Kustiono; Anita Nur Amaliyah; Kuswan Hadji

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

The enactment of Law Number 1 of 2023 concerning the Criminal Code brought fundamental changes to the regulation of the crime of adultery in Indonesia. The expansion of the scope of criminalization, including regulations regarding extramarital relationships, has given rise to debate regarding its compliance with the principles of the formation of laws and regulations and its impact on criminal law enforcement. This study aims to analyze the provisions of the adultery article in the new Criminal Code from the perspective of the principles of the formation of laws and regulations and assess its implications for the effectiveness of the criminal justice system. This study uses a normative legal research method with a legislative and conceptual approach. Legal materials were obtained through literature studies and analyzed qualitatively and juridically. The results show that the regulation of the crime of adultery in the new Criminal Code has a clear normative purpose, but still leaves issues regarding the clarity of formulation, legal certainty, and potential human rights violations. Furthermore, the application of the adultery article has the potential to create obstacles in law enforcement practices, particularly related to evidence, caseload, and the legitimacy of the criminal justice system. Therefore, further evaluation is needed to ensure that these regulations align with the principles of sound legislative development and ensure legal justice.

Rifki Alanudin; Sierta Putri Nurika; Ibrahim Besar

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

Agrarian conflicts in Lampung illustrate that land disputes are not only about ownership but also about how language shapes public perceptions of power and justice. This study aims to explain the changing patterns of media reporting on agrarian conflicts and the social meanings emerging from these changes. The research uses a descriptive qualitative approach with Fairclough’s critical discourse analysis and Lederach’s conflict transformation theory. Data were obtained from online news reports on agrarian conflicts in Lampung published between 2010 and 2025. The results show that earlier reports emphasized control and security, while later coverage shifted toward issues of justice, land rights, and community recognition. This change indicates that language in media reporting plays a crucial role in transforming public perspectives from a logic of authority toward a consciousness of justice and humanity. The study highlights the importance of fair and empathetic public communication as a foundation for peaceful and sustainable conflict resolution.

Selma Nabila Azzahra; Imam Hakiki

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

This study aims to answer the following questions: First, what are the concepts of the rule of law and democracy, and how are they related? Second, what is the concept of human rights and how does it relate to the rule of law and democracy in Indonesia? The method used in this study is normative legal research, focusing on the study of legislation and scientific literature on the rule of law, democracy, and human rights. The approaches used include a legislative approach to examine the provisions of the 1945 Constitution of the Republic of Indonesia and related regulations; a conceptual approach to examine the theory of the rule of law, the theory of democracy, and the theory of human rights; and a historical approach to trace the development of these three concepts in the Indonesian context. The research data was obtained from primary and secondary legal materials. The results of the study show that the concepts of the rule of law and democracy are two interrelated and inseparable principles. Both in the traditions of the rechstaat and the rule of law, respect for human rights is placed as a key pillar, which is now understood more broadly to include issues of freedom, social justice, and protection from arbitrariness. The relationship between human rights, democracy, and the rule of law affirms that the law must be the highest authority, with the constitution as its highest foundation. The supremacy of law is an important element in the practice of democracy because the constitution functions as a social contract that regulates power and guarantees the protection of human rights.

Kaharuddin Kaharuddin; Salsabilla Salsabilla; Agnes Widya Klarisa; Syahrani Ramadhani Payapo

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

This study examines the renewal of the Criminal Procedure Code (KUHAP) Baru as an effort to synchronize with the Criminal Code (KUHP) 2023, as well as analyzing crucial articles that potentially cause legal uncertainty in the criminal justice process in Indonesia. Using a juridical-normative method with a descriptive-analytical approach, this research analyzes secondary data from primary, secondary, and tertiary legal materials. The results show that KUHAP Baru successfully addresses some of the mismatches with KUHP 2023 through regulations on alternative punishments, corporate accountability, and protection for vulnerable groups, but still faces conceptual and technical challenges such as legislative disharmony and minimal public participation. On the other hand, crucial articles such as Articles 5, 16, 74, 90, 93, 105, 112A, 124, 132A, and 137A pose risks of legal uncertainty due to the expansion of law enforcement authority without adequate oversight, which can violate the due process principle and human rights. The study's conclusion emphasizes the need for further revisions to strengthen legal certainty and harmonize the criminal justice system.

Hari Kusuma Yuda Tama; Waluyo Waluyo

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

Historically, water resource management in Indonesia has faced significant complexities, often dominated by commercialization and investment-oriented policies that threaten the fundamental rights of farmers. The Constitutional Court’s decision to annul the previous Water Resources Law marks a crucial turning point, demanding a comprehensive policy reformulation. This entails a shift from a market-based paradigm to one grounded in human rights and social welfare, reaffirming state sovereignty over water for the prosperity of the people. The urgency of this reformulation is compounded by the imminent threat of climate change, which introduces high uncertainty into the hydrological cycle—manifesting as extreme droughts and floods—thereby directly impacting the agricultural sector. This research aims to formulate a climate-adaptive water resource management policy that secures the priority rights of farmers. Employing a Normative Legal Research Method with Statutory and Conceptual Approaches, the findings present a new, holistic legal and institu-tional framework. This framework centers on two pillars: first, the firm assertion and absolute legal protection of irrigation water allocation for farmers, even during periods of scarcity; and second, the adoption of a Climate-Adaptive Governance Model. This governance model integrates a unified climate monitoring system, resilient water infrastructure, and the empowerment of Water User Associations (P3A) at the grassroots level to independently respond to shifting climate patterns. This reformulation is essential for achieving water management that is just, sustainable, and effective in maintaining national food security

Etis Fitriawati Nurjannah; Dodi Jaya Wardana; Hardian Iskandar

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

Street vendors (PKL) constitute an essential component of the informal economic sector in Gresik Regency, yet their presence often generates issues related to urban order, cleanliness, and aesthetics. This study aims to: (1) analyze the effectiveness of implementing Gresik Regency Regional Regulation Number 7 of 2013 concerning the Arrangement and Empowerment of Street Vendors, and (2) identify the obstacles faced by the local government in carrying out the regulation. This research employs a socio-legal method with a normative-empirical approach, utilizing statutory analysis, field observation, interviews, and documentation. The findings indicate that the arrangement and empowerment of street vendors have been carried out through the designation of trading locations, regulation of operating hours and physical facilities, establishment of requirements for becoming street vendors, and the enforcement of rights, obligations, prohibitions, and sanctions. The Gresik Regency Government has also undertaken relocation initiatives to designated areas. However, the effectiveness of the regulation remains hindered by limited human resources, weak monitoring systems, and low compliance among some street vendors. Overall, the implementation of Regional Regulation Number 7 of 2013 has been conducted but has not yet achieved optimal outcomes in ensuring order and promoting the independence of street vendors. Strengthened coordination, enhanced guidance, and improved regulatory systems are needed to support the sustainability of the informal sector in Gresik Regency.

Dikriyah Dikriyah; Nikhlah Ziyadaturrohmah; Siti Nur Azizah Azizah; Agus Ali Dzawafi

A comparison between classical and contemporary interpretations regarding the law of theft contained in Surah Al-Mā’idah verse 38, which stipulates the punishment of hand amputation for theft. This verse has long been the basis of Islamic jurisprudence, but its interpretation has evolved over time. The method used is qualitative with a literature study approach, which examines classical sources of interpretation such as Tafsīr al-Qurṭubī and contemporary interpretations such as al-Mishbāḥ. The research findings show that classical interpretations view this verse textually and normatively, with a focus on the application of hudud law as a form of justice and protection of property rights, as well as the imposition of strict conditions to avoid misuse. Meanwhile, contemporary interpretations view this verse contextually and humanistically, paying attention to social, economic, and humanitarian conditions. The punishment of hand amputation is understood not only as physical punishment, but also as a tool for moral education, crime prevention, and protection of community welfare. Although both share the same goal of upholding justice and safeguarding the welfare of the people, contemporary interpretations emphasize a more flexible application of law to align with the values ​​of social justice in the modern era. Thus, this study emphasizes the importance of contextualizing the understanding of Islamic law without neglecting the principles of sharia, which balance justice, humanity, and the welfare of the people.

Dhamar Ibrahim Kadista Putra; Sorayya Febby Kalkautsari; Moh. Faizin; Adhisti Muthia Syawali

Jurnal Pendidikan Anak Usia Dini dan Kewarganegaraan 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

Pancasila, as the foundational ideology of Indonesia, plays a fundamental role in shaping a democratic system and ensuring the protection of human rights based on justice. From Yusril Ihza Mahendra’s perspective, Pancasila is not merely a normative ideology but serves as a political and legal paradigm that integrates the values of divinity, humanity, unity, democracy, and social justice into the practice of governance. According to Yusril, Indonesian democracy cannot be equated with Western liberalism, which emphasizes individual freedom; rather, it is a constitutional democracy grounded in the moral and spiritual foundations of Pancasila. The values of Pancasila position human rights in a balanced relationship between rights and responsibilities, as well as between individual and collective interests of the nation. Thus, democracy and human rights, in Yusril’s view, are integralistic—citizens’ freedoms are directed toward realizing social j  ustice and order in national life. This article aims to examine Yusril Ihza Mahendra’s thoughts on the relationship between Pancasila, democracy, and human rights, and their relevance within the context of Indonesia’s contemporary constitutional system.

Amaliya, Fadhilatul; Pembayun, Dewi Sekar; Roozan, Tiara Jelita Andalusianti; Aequo, Najwa Justitia; Fathiya, Anindya Rahma

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

The 17+8 demands voiced by the public reflect the accumulation of disillusionment with various government policies and violations committed, especially by the House of Representatives (DPR). Policies that are considered unfair and detrimental to the public trigger a strong push to carry out reforms that are more democratic and oriented towards the interests of the people. Various factors such as human rights violations, lack of transparency and accountability, economic inequality, and polemics related to official allowances are the main triggers for the birth of these demands. The demands of 17+8 not only contain burdens or criticisms, but also contain short-term and long-term goals that can be the basis for improving governance. This momentum should be seen as a strategic opportunity to strengthen democracy, improve state-citizen relations, and restore public trust. If these demands are taken seriously, the government has the potential to reduce the legitimacy crisis and improve the quality of public services. On the contrary, ignoring such demands can deepen public distrust and worsen political stability. Thus, the demands of 17+8 are an important signal for the need for structural change and a real commitment to realizing a fairer, more transparent, and responsive government.

Zahra Nur Fadzilah; Ikhwanudin Alya Rahman; Salwa Nafiah

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

The rapid rise of Indonesia’s digital economy is changing how people participate as citizens and how their consumer rights are protected. This study explores the legal dimensions of digital citizenship through a normative juridical review of the Consumer Protection Law, the Electronic Information and Transactions Law, and the Personal Data Protection Law. Although these laws provide basic safeguards, significant problems remain such as data privacy violations, unclear algorithmic practices, cross-border legal barriers, and deceptive online advertising. Low public legal awareness and the absence of a unified dispute-resolution system further leave consumers vulnerable to powerful global digital platforms. The study argues that stronger protection requires embedding digital citizenship principles into Indonesia’s legal framework, harmonizing national rules with international standards, enhancing platform oversight, and improving digital literacy. In conclusion, a flexible and forward-looking legal approach is crucial to making consumer protection a core part of digital citizenship and ensuring public trust and human rights in the digital era.

Kamayana, I Gusti Nyoman Putra; Dewi, Ni Luh Desy Suari; Dewi, Putu Chrisma

Jurnal Riset Rumpun Ilmu Bahasa 2025 Pusat riset dan Inovasi Nasional

The novel "Woman at Point Zero" is a novel that predominantly draws on psychological elements. The purpose of this study is to describe: (1) the relationship between theme and character through action, (2) the relationship between theme and character's thoughts, and (3) the relationship between theme and character's feelings. This study uses a qualitative approach. The method used is descriptive analysis. The data consists of linguistic units such as sentences, phrases, and paragraphs related to character's actions, thoughts, and feelings. The data source is the novel "Woman at Point Zero," published by the Obor Indonesia Foundation in 2006. The conclusion of this study is that the theme influenced by action determines humans as supreme beings, the theme influenced by dominant thoughts determines humans as social beings, and the theme's relationship with feelings determines humans as individual beings. This novel depicts the dark side faced by Egyptian women amidst Arab culture steeped in patriarchal values. Women still experience unequal rights and never receive the same rights as men. As in Arab societies, patriarchal culture is one of the foundations of debate over women's status in society, and it continues to generate conflict. The lack of guaranteed women's rights, political freedom, and the hierarchical constraints of husbands leave women disadvantaged in all aspects of life, experiencing discrimination, violence, and poverty.

Cahya, Afinda Cahya Saputri; Fadiya Nabila; Yudi Widagdo Harimurti

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

Murder committed by children presents a dilemma in the criminal justice system, as it must balance the enforcement of justice with the protection of children's rights. This article examines the problematic nature of juvenile criminal liability in murder by comparing the perpetrator's legal approach to that of adults. Normative juridical research methods are used to explain legal provisions, court decisions, and related doctrines. The results indicate that juvenile offenders are not solely focused on their culpability but also on the child's psychological capabilities, maturity level, and social circumstances. Meanwhile, adult offenders are held fully accountable, with a focus on punishment. The main challenges are the difficulty of proving intent and the need for special mechanisms for handling juvenile offenders of serious crimes. This study provides for strengthening the capacity of law enforcement, improving child rehabilitation facilities, optimizing diversion mechanisms, and educating the public to support humane and proportional protection and enforcement of justice.

Sanjaya, Steven Tjahjadi; Kusuma, Ardli Johan; Rosadi, Zidni Alifyan

Jurnal Global Citizen : Jurnal Ilmiah Kajian Pendidikan Kewarganegaraan 2025 Prodi PPKn Universitas Slamet Riyadi

The aspect of labor in the context of global citizenship is not only about how the lives of workers and laborers are guaranteed wages and work systems, but human rights actions are one of the most crucial issues. One of them is the action that happened to Tuti Trisilawati in 2018. The action of the death penalty is considered as an action that does not benefit Indonesia and Saudi Arabia. Through this research, which is packaged exploratively and collected through case studies and trusted agency literature, the results show that there are differences between the ideologies of Indonesia and Saudi Arabia which result in these actions resulting in a high record of death penalty cases, so that massive diplomacy between the two countries is followed by improving a fair criminal law system or fair trial so that no rights are threatened. Keywords: global citizenship, death penalty, labor.

Ali Fuad Hasyim

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

This research discusses the effectiveness of the implementation of diversion for children in conflict with the law in the crime of aggravated theft, with a case study at the Surabaya Children Crisis Center (SCCC). The background of the research is based on the importance of protecting children's rights in the criminal justice sistem, in accordance with Law Number 11 of 2012 concerning the Child Criminal Justice Sistem (UU SPPA), which prioritizes restorative justice and the principle of diversion to avoid the negative impact of formal punishment on children. This research uses empirical juridical method with descriptive analysis approach, examining primary data from interviews with legal counsel at SCCC as well as secondary data from related legal literature. The results show that diversion at SCCC has been implemented according to procedures at various stages of the legal process, from investigation, investigation, to trial. However, the implementation still faces obstacles such as the lack of understanding of law enforcement officials, limited human resources at legal aid institutions, and challenges in mediation between offenders and victims. In conclusion, although the implementation of diversion in SCCC is quite effective in protecting children's rights and preventing social stigma, the implementation of diversion in SCCC is not yet effective.