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Iqbal Falerizki; Figo Gustiawan; Daffa Aryanda Hutabarat

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

Kedudukan Pancasila sebagai dasar negara Indonesia memberikan konsekuensi bahwa penyelenggaraan negara Indonesia sebagai sebuah negara hukum, termasuk untuk menciptakan sebuah kondisi Welfare State (Negara Kesejahteraan) harus berlandaskan pada Pancasila. Dalam penerapannya, kesejahteraan masyarakat merupakan aspek penting dalam suatu negara, melibatkan berbagai aspek kehidupan seperti kesehatan, pendidikan, ekonomi, lingkungan, sosial, dan politik. Pemerintah wajib bertanggungjawab terhadap dinamika kehidupan masyarakatnya.

Wida Azlina; Yasmirah Mandasari Saragih; Tamaulina Br. Sembiring; Widya Meilani; Yoldy Israq +1 more

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Indonesia needs get rid of terrorism For forever . Journal This aiming For describe and analyze with use approach various effort countermeasures crime terrorism in Indonesia. Methods research used​ in study This use approach qualitative descriptive For serve description about terrorism and some strategy For to fight crime This is in Indonesia. Formulation problem based on description background back on top is as following : what just factor crime terrorism in Indonesia and how method overcome crime terrorism in Indonesia. Terrorism is disturbing phenomenon . Efforts​ countermeasures crime terrorism committed​ Government implemented through effort repressive . There are five factors that cause crime terrorism in Indonesia, namely : ethnicity , nationalism / separatism , poverty and inequality and globalization , non-democracy , violations dignity humans and religious radicalism .

Muhammad Rizqi Hidayah; Adika Pranata; Muhammad Rizki Simamora; Alfin Tambak; Mohd. Mozaed Al Farid Sitorus +1 more

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

This article examines various aspects related to khamar, including its linguistic meaning, definitions, impacts, and the Islamic legal perspective on it. In Arabic, khamar means something that conceals or covers, referring to intoxicating beverages that impair rational thinking. Scholars provide various definitions of khamar, encompassing intoxicants derived from fermented grapes and other substances. From an Islamic perspective, khamar is considered to have more harmful effects than benefits, affecting social, economic, and health aspects. Although the trade of khamar may provide worldly profits, it is deemed contrary to Islamic teachings due to its potential to promote immorality and corrupt morals. The impact of khamar consumption on minors is particularly damaging, affecting their physical and mental health as well as causing broader social repercussions. Islamic legal sanctions against the consumption of khamar emphasize strict prohibition to prevent its use, although specific worldly punishments are not elaborated upon. This study highlights that despite the financial advantages it might offer, the negative consequences of khamar far outweigh its benefits and should therefore be avoided for the well-being of society.    

Karrar Hadi Sahar Ghilan

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

 One of the most important legal challenges is accusing the Head of Parliament, especially in light of the Republic of Iraq's 2005 Constitution. This fact results from the fact that, because it targets the accusing organization, it is the only constitution administered democratically. Internal regulations will be utilized to establish the legislative authority as he is the head of it, provided that they do not conflict with the provisions of the constitution. The study's goals of identifying, discussing, and resolving the most significant legal concerns in this case—drawing on the Iraqi constitution and the laws that attempt to call all matters relevant to the subject of accusation—thus highlight the study's significance. “especially in light of what the Iraqi constitutional legislator has neglected to address the questioning or dismissal of the Head of the Parliament and the reasons that require that.  

Sam Meldrian Althonsius Oematan; Saryono Yohanes; Dhesy A. Kase

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

The Constitutional Court (MK) regarding the Election Law on the presidential and vice presidential nomination threshold. Since the presidential election was held directly, the issue of the threshold for nominating presidential and vice presidential candidates has always surfaced every time a presidential election is held. In 2004, for example, the presidential nomination threshold was 10 percent. This research is a juridical-normative research, namely a process to find legal rules, legal principles, and legal doctrines in order to answer the legal issues faced. The data was analyzed descriptively-qualitatively.The results of this study indicate that the Constitutional Court Decision Number 74/PUU-XVII/2020 concerning the presidential nomination threshold (Presidential Threshold) is one of the important decisions in the discourse of democracy in Indonesia. The following is an explanation of the Ratio Decidendi of the decision in relation to the concept of democracy: Constitutionality of the Presidential Threshold The Constitutional Court (MK) in its decision emphasized that the presidential threshold or presidential nomination threshold is constitutional. This means that the provisions regarding the threshold do not conflict with the 1945 Constitution. The Constitutional Court is of the opinion that the presidential threshold is an open legal policy (Open Legal Policy) which is the authority of the lawmakers, namely the House of Representatives (DPR) and the President. The purpose of the Presidential Threshold, the Constitutional Court explained that the purpose of the presidential threshold is to simplify the party system and the presidential system, as well as to create government stability. The Ratio Decidendi of the Constitutional Court Decision Number 74/Puu-XXII/2024, Number 87/Puu-XXII/2024, Number 129/Puu-XXI/2023, Number 131/Puu-XXI 2023 concerning the Presidential Nomination Threshold is the Presidential Threshold is constitutional and does not conflict with the principles of democracy.

Ruth Tiur Jovita Kase; Rehnalemken Ginting

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

Alternative medicine using supernatural powers is a traditional practice widely found in Indonesia, but it is often conducted without scientific basis, causing negative impacts on society. These impacts include physical, financial, and psychological harm, such as delayed medical treatment leading to fatal outcomes, financial exploitation, and emotional manipulation. Article 252 of the 2023 Penal Code (KUHP) regulates this practice by imposing criminal sanctions on those who violate the law or harm the public. This regulation aims to protect the public, promote transparency, and integrate safe traditional elements into a modern, evidence-based medical system.

Ridho Afrizal Abd Rohim; Ifahda Pratama Hapsari; Dodi Jaya Wardana

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The legal regulation of endangered animal smuggling in Indonesian positive law is legal protection which aims to prevent the threat of extinction and the development of endangered species whose existence is threatened due to conflict and illegal hunting. This research uses normative legal research methods with a statutory approach, conceptual approach and case approach. Animal smuggling is not mentioned explicitly in Law No. 5 of 1990 concerning Conservation of Natural Resources and Ecosystems. However, this law regulates the prohibition on catching, injuring, killing, keeping, possessing, caring for, transporting and trading protected animals alive, or removing protected animals from one place in Indonesia to another place inside or outside Indonesia. This is stated in Article 21 paragraph (2) of Law No. 5 of 1990. Criminal sanctions for criminal acts of smuggling endangered species based on positive law in Indonesia are contained in Article 40 paragraphs (2) and (4) of Law Number 5 of 1990 Concerning Conservation of Living Natural Resources and their Ecosystems, in the form of imprisonment and fines, imprisonment and fines, plus confiscation of all objects obtained and all tools or objects used to commit criminal acts, with a statement that they are confiscated to the state.

Fakhrurrozi Fakhrurrozi; Handar Subhandi Bakhtiar

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

Health is a basic right guaranteed by the Indonesian constitution, as stipulated in Article 28H of the 1945 Constitution and Article 34 paragraph (3), which states that the state is responsible for the provision of adequate health care facilities for all citizens. Nonetheless, challenges in the provision of health services in remote areas are still significant, especially related to the limitations of facilities, medical personnel, and service quality. The development of technology, particularly telemedicine, has opened up new opportunities in the delivery of health services, which can overcome geographical limitations and improve community access to medical services. The type of research in this study is normative juridical. The research results in this discussion are the protection of doctors and the regulation of telemedicine policies in Indonesia, by reviewing Law Number 17 of 2023 concerning Health regarding the implementation of telemedicine between health service facilities. Although telemedicine can expand access to health, the risks associated with remote diagnosis and treatment require special attention in terms of legal protection of health workers. Therefore, adaptive legal tools are needed to accommodate the growing development of health technology and provide legal protection for the parties involved in the implementation of online-based health services.

Fauzan Alsadilla Hermawan; Muthia Sakti; Iwan Erar Joesoef

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

This study aims to analyze the fulfillment of National Health Insurance Rights (JKN) for workers who experience Termination of Employment (PHK) at PT. FI and evaluate the regulation of JKN rights after layoffs that provide justice for workers. The method used is normative legal research with a qualitative approach, which includes the selection and classification of legal materials as well as normative analysis of relevant regulations. Based on field findings, this study shows that there are administrative errors in reporting the status of layoffs that cause delays in fulfilling health insurance rights for laid-off workers. In addition, this study also found that even though the post-layoff JKN regulation has been regulated in the law, improper implementation can hinder the granting of rights fairly. This study recommends simplifying reporting procedures, increasing supervision by BPJS Kesehatan, and further education for companies to avoid administrative errors. Thus, this study contributes to the understanding of the importance of social justice in regulating health insurance for laid-off workers.

Berliana Purwono Putri; Heru Sugiyono; Muthia Sakti

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

This research aims to analyze the mitigation of the risk of exploitation and violence against women Indonesian migrant workers in the informal sector as well as the responsibilities of the government and migrant employment agencies. Using the normative juridical method, this research examines relevant legal norms, such as the Indonesian Migrant Workers Protection Act, to evaluate the protection of women migrant workers' rights. Data is obtained from documentation of primary and secondary legal sources, analyzed using a feminist perspective to understand vulnerability factors and challenges in the feminization of migration. The results show that mitigating the risk of exploitation and violence against women Indonesian migrant workers in the informal sector includes preventive measures, such as pre-departure education, skills training, recruitment agency supervision, and legal empowerment. During the working period, protection is carried out through standardized work contracts, access to social protection, and bilateral cooperation, while post-work, economic and social reintegration is carried out through mentoring and entrepreneurship training. However, weak implementation of regulations, lack of oversight, and sectoral silos exacerbate the vulnerability of women Indonesian migrant workers in the informal sector to exploitation, discrimination, and rights violations. The responsibilities of the government and migrant employment agencies include legal protection at all stages of migration, from pre-departure recruitment, monitoring of working conditions, and post-employment reintegration programs to ensure that women migrant workers receive comprehensive protection through effective enforcement of employment contracts, legal aid, monitoring, and social reintegration. This research recommends improved regulation, pre-departure education, recruitment agency supervision, legal empowerment, and post-worker reintegration to reduce the risk of exploitation and violence against women migrant workers.

Nurmin K. Martam; Yayan Hanapi

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Underage marriage is a significant issue in various regions in Indonesia, including Owata Village, Bulango Ulu Subdistrict, Bone Bolango Regency. This study aims to examine the implementation of underage marriage from a juridical and sociological perspective. A qualitative approach with descriptive methods was used to understand the social, cultural, economic and educational factors that influence the phenomenon. The results show that the main factors that encourage early marriage include deep-rooted social norms and traditions, economic pressure, low access to education, and lack of understanding of the legal and health impacts. This practice often contradicts Law No. 16/2019, which sets the minimum age of marriage at 19 years. The consequences of underage marriage include negative impacts on reproductive health, increased risk of domestic violence, and barriers to education and careers. Therefore, comprehensive efforts through community education, economic empowerment, increased legal socialization, and more effective supervision are needed to reduce the practice of early marriage and protect children's rights. This research emphasizes the importance of synergy between the community, legal apparatus, and government to provide sustainable solutions.

Moh. Ismail Mantolongi; Weny Almoravid Dungga; Mohamad Taufiq Zulfikar Sarson

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

This study aims to determine and analyze the form of fulfillment of consumer rights of IndiHome service provider users in the Laws and Regulations in Indonesia due to the FUP system and the responsibility of the IndiHome provider towards consumers due to the FUP system. This study is classified as normative research with a historical approach, comparative approach and conceptual approach. Legal materials are collected through document studies, then analyzed prescriptively. The results of the study indicate that consumer rights and the responsibilities of business actors, namely Indihome, have been regulated in Law No. 8 of 1999 concerning Consumer Protection. Although it has been regulated in the Laws and Regulations, this situation is no longer effective because when an error occurs, Indihome can be released from its responsibility. For this reason, it is necessary to revise Article 27 letter b of Law No. 8 of 1999 concerning Consumer Protection.

Dhea Putri Wulandari

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The Investment Management Institution (LPI) was established based on the mandate of the Job Creation Law in Chapter X concerning Central Government Investment and the facilitation of National Strategic Projects in Article 154 paragraph (3) which states that Central Government Investment can be implemented by the Minister of Finance as the State Treasurer or an institution given special authority (sui generis). In the field of taxation, there is special treatment in terms of transactions involving the Investment Management Institution (LPI) including transactions both directly and indirectly with the entities it owns. In terms of bankruptcy, the Investment Management Institution (LPI) is treated specially and cannot be declared bankrupt unless it can be proven to be insolvent. And the nature and norms or rules set by the Investment Management Institution or LPI only apply specifically to parties who cooperate or make business agreements with the Investment Management Institution (LPI) and do not apply generally to everyone, so that its nature is a consensus between the parties.

Dina Yaniar Putri; Moh. Ali Hofi

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

E-Court is a court instrument in seeking legal certainty so that cases can be resolved quickly. The scope of E-court includes online case registration (e-filling), online estimation of case costs (e-skum), online payment of downpayment (e-payment), online summons of parties (e-summons) and online hearings (e-litigation) by sending court documents (Replik, Duplik, Conclusion, Answer). The focus that will be discussed in this scientific work includes first, how to read the judge’s decision via E-court. Second, how to apply the principle of hearings open to the public via E-court. To facilitate understanding in this research, researchers used a Normative Juridical research method with a Legislative approach. The data colletion technique carried out by the researcher was by identifying and analyzing statutory regulations, namely PERMA Number 1 Of 2019. The results of the research carried out by the researcher can be concluded that first, the application of the principle of open to the public hearings is appropriate and reflects the applicable statutory regulations. And will still be implemented, but with several restrictions on the number of court visitors and the distance between visitors. Second, regarding the reading of the judge’s decision via e-court, it is legally considered to have been attended by the parties and carried out in a trial open to the public. And has legal force and legal consequences.

Robertho Puay; Yohanes G.T Helan; Cyrilius W. T. Lamataro

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

Development through community participation in villages is one of the efforts to empower the potential of village communities in planning development related to local resource potentials. The research questions in this study are: (1) How is the community participation in the development of Merbaun Village, West Amarasi Subdistrict, Kupang Regency? (2) What factors may hinder the success of community participation in village development in Merbaun Village, West Amarasi Subdistrict, Kupang Regency?  This research is a juridical-empirical study with a qualitative approach, using primary data collection techniques through interviews. Secondary data was obtained through literature studies.  The results of the study show that community participation in Merbaun Village development can be analyzed through three stages: planning, implementation, and supervision. Each stage shows different dynamics and levels of participation. (1) Planning Stage: At this stage, community participation is considered high. The village government conducts a development planning deliberation (Musdus) to absorb the aspirations of the community. Interview results show that the community is actively providing input and suggestions, reflecting a strong motivation and concern for the proposed development programs. (2) Implementation Stage: In contrast to the planning stage, the level of community participation in the implementation of development drops significantly. Although the village government opens opportunities for mutual cooperation (gotong-royong), community attendance is inadequate, with many absent. This indicates a lack of understanding and awareness among the community regarding the importance of their participation in the physical activities that have been agreed upon. (3) Supervision Stage: The supervision of the development also shows a lack of participation. The community should be involved in monitoring and evaluating development programs. However, most of the community members do not understand their role in the supervision process, as revealed in the interviews.The study suggests that community participation in the development of Merbaun Village should be increased to make development outcomes more effective and sustainable, in accordance with the principles outlined in Law Number 6 of 2014 concerning Villages.

Revony Lede Rihi; Heryanto Amalo; Adrianus Djara Dima

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

Corruption crimes are not only committed by civilians, but can be committed by military soldiers, namely the TNI who are educated with discipline. The handling of corruption cases committed by TNI soldiers together with civilians is handled through a connexity trial regulated in the Criminal Procedure Code. Although there are rules governing, there are still discrepancies in law enforcement. The main problems in this study are: (1) Is it appropriate for corruption cases committed by military officials to be tried in the Military Court? (2) What are the obstacles in law enforcement against high-ranking military officials who commit corruption crimes?This research is normative legal research, namely by examining literature or legal materials consisting of primary legal materials, secondary legal materials, and tertiary legal materials. Normative legal research is a scientific research procedure to find the truth based on the logic of legal science from its normative side. The results of this study indicate that: (1) is it appropriate for corruption cases by military officials to be tried in the Military Court: The handling of corruption cases in Basarnas involving active military personnel who are tried in military courts is considered inappropriate because it will create an impression of inconsistent law enforcement, because it contradicts the provisions of Law No.8 of 1981 concerning the Criminal Procedure Code and Law No.48 of 2009 concerning Judicial Power. (2) Obstacles in law enforcement against high-ranking military officials who commit corruption crimes: Corruption crimes involving active military members stem from disharmonization of laws in the provisions of the Military Justice Law, Corruption Court Law, TNI Law, KPK Law, and Criminal Procedure Code. The researcher's suggestion is that to minimize the differences of opinion that continue to emerge, an extensive regulation on connexity should be made so that it can serve as a guideline in handling corruption cases involving military personnel and civil society.

Aloysius Kewa Ama; Rafael Rape Tupen; Marlyani Anita Seran

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

The Village Government has a very important function in managing all resources in the Village, one of which is the potential of the village market. The Village Market is a market built and managed by the Village Government with a place of business in the form of shops, stalls and tents or other similar names. Especially the Helanlangowuyo Village Government which is provided for traders. Based on Helanlangowuyo Village Regulation Number 6 of 2016 concerning Helanlangowuyo Village Finance Article 8 concerning the amount of village market retribution. The formulation of the problem in this study: (1) How is the Function of the Village Government in managing the Senadan Village Market to increase the original village income in Helanlangowuyo Village? (2) How does the contribution of the Senadan Village Market retribution to the original village income in Helanlangowuyo Village? (3) What are the inhibiting factors of the Village Government's Function in managing the Senadan Village Market to increase PADes in Helanlangowuyo Village? This type of research is empirical legal research which is a study of legal identification and legal effectiveness so that in its preparation, field research is carried out that utilizes data supported by primary data sources and secondary data. The results of the research and discussion show that: (1) In the management of the Senadan Village Market, the Helanlangowuyo Village Government faces challenges related to the status of the market land which is still a rental system and market facilities which are still very limited. (2) The contribution of market levies from 2021 to 2023 has decreased significantly, with the total contribution decreasing from IDR 3,275,250 in 2021 to IDR 3,027,750 in 2023. (3) The management of the Senadan Village Market faces obstacles in the form of a lack of clear regulations, low quality of human resources, lack of public awareness and inadequate conditions of facilities and infrastructure.

Johan Rofi; Fauzie Yusuf Hasibuan; Lilik Mulyadi

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

This research aims to elucidate the significance of restorative justice during the investigative phase and the legal assurance for investigators who apply restorative justice in cases of party noncompliance with the agreement. The author employs normative legal research, which involves the collection and analysis of legal documents pertinent to the subject at hand. This legal research employs the statute and case approaches. This writing employs primary and secondary legal materials. This article conducts prescriptive research. The findings of this research indicate that, initially, the concept of restorative justice during the investigative phase prioritizes substantive justice over procedural justice. We seek to establish substantive justice as the cornerstone of our rule of law, as it presents a promising opportunity for enhancing national well-being. The rule of law in Indonesia ought to foster the well-being of its citizens, and for this purpose, the notion of restorative justice, synonymous with substantive justice, is selected. Secondly, investigators lack legal clarity while implementing restorative justice if the participating parties violate the agreement. It may evolve into a complex issue when investigators seek to address broad criminal charges via restorative justice. The restorative justice concept is not acknowledged in general criminal offenses, although being governed by the Police Chief Regulation. Nonetheless, it is perceived that it still fails to offer legal certainty to investigators in the event of a future breach of contract or if the reported party defaults on their commitment or repeats their conduct.

Erlina B; M Cakra Bima

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

This study discusses the implementation of default case resolution through a simple lawsuit mechanism, referring to the case study of decision Number: 4/Pdt.G.S/2024/PN Gdt. Default or negligence in fulfilling obligations can cause disputes between the parties involved in the agreement. In Indonesia, one of the available alternative dispute resolutions is the simple lawsuit mechanism, which aims to provide convenience, efficiency, and accessibility for the public in claiming their rights legally. This study examines the process and procedures for resolving default disputes through simple lawsuits at the Gedong Tataan District Court, and analyzes how this mechanism can optimize justice and reduce the burden of cases in court.

Sri Wulandari; Zabidin Zabidin

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Health is a human right and one of the elements of human welfare that must be realized by the state, the 1945 Constitution of the Republic of Indonesia, Article 34 paragraph (3) emphasizes that the state is responsible for providing equitable and affordable health service facilities for the entire community. This study aims to determine and analyze the legal formulation of patient protection in medical practice, using the normative legal research method, namely through literature/legislation searches (statute approach) with types of data sources, secondary data supported by primary data. The descriptive research type is then analyzed and presented qualitatively. The high level of public awareness of the importance of health has made people increasingly aware and understand their rights as patients in order to obtain good health services from health workers and hospitals. The legal relationship between doctors and patients as regulated in Law No. 17 of 2023 concerning Health is a business agreement relationship (inspaning verbentenis), which gives rise to rights and obligations. The community/patients receiving medical practice services have the right to legal protection so that every mistake in carrying out the medical profession is a form of mistake/violation of the law that is worthy of being prosecuted/filed in court as a form of protection for patients, victims of medical malpractice.