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Bahrul Ulum

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

This article examines the important role of law in promoting economic development and ensuring the well-being of people in Indonesia. It analyzes the legal framework that governs economic activities, focusing on principles and regulations that facilitate economic growth, protect rights, and promote social justice. This article explores the evolution of Indonesia's legal system in response to economic challenges and opportunities, highlighting key laws and policies that have shaped the nation's economic landscape. This includes an analysis of the constitutional foundations of Indonesia's economic system, with a special emphasis on Article 33 of the 1945 Constitution, which mandates a "people's economy" based on the principles of kinship, cooperative ownership, and state control over vital resources. Furthermore, this article discusses the challenges and prospects of using the law as a tool to achieve sustainable and inclusive economic development. It emphasizes the importance of legal certainty, regulatory efficiency, and the protection of public interests in fostering a conducive investment climate and promoting equitable economic growth. The article also discusses the role of law in addressing important issues such as environmental protection, labor rights, and consumer protection, highlighting the linkages between economic development and social welfare. By examining Indonesia's experience, this article contributes to a deeper understanding of the complex relationship between law and economic development in the context of developing countries.

Wendy Darman Laia; Haposan Siallagan

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

Agrarian conflicts in Indonesia, including in North Sumatra, are complex problems that often involve various parties such as the community, government, and companies. This study aims to analyze the role of the Regional People's Representative Council (DPRD) as a mediator in resolving agrarian conflicts in North Sumatra. A qualitative approach with a case study method was used to explore the effectiveness of the DPRD's role, the obstacles faced, and the proposed solutions. Primary data was obtained through interviews with key actors, while secondary data came from legal and policy documents. The results show that although DPRDs have a strategic role in resolving agrarian conflicts, this role is often hampered by a lack of understanding of agrarian law, political influence, and limited access to land data. Therefore, capacity building of DPRDs and agrarian policy reform are key to strengthening their role as effective mediators.

Nikmatul Wardiah Pulungan; Wizalkarnaen Hasibuan; Ilham Kurniawan Syahputra; Muhammad Afdul Soleh; Adrina Fauza

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

The case of serial rape committed by I Wayan Agus Suartama, a man with a disability, raises complex debates about punishment and the rights of persons with disabilities. This research aims to analyze the criminalization of the criminal case of rape from the perspective of criminal law and the rights of persons with disabilities in Indonesia. The research method used is juridical-normative research by analyzing cases and interviews with legal experts and disability activists. The results showed that the criminalization of the case had not been adequately considered and considered the rights of persons with disabilities and needed improvement in terms of accessibility, education and awareness about disability. This research recommends improvements to criminal law and policies for the protection of persons with disabilities to promote social justice and equality.  

Dadan Ramlan

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

General elections for regional heads are a means of democracy to obtain regional heads based on the principles of direct, general, free, confidential, honest and fair elections. In the general election process for regional heads there are 4 (four) types of handling violations, in this case criminal election violations, administrative violations. Elections, Violations of the Code of Ethics and other Violations of Laws, in implementing Violation Handling must pay attention to the principle of equality before the law that all people must be treated equally before the law. This principle is one of the important principles in Indonesia as a rule of law. equality before the law must be implemented There is no exception in the process of handling campaign violations at places of worship during the regional general election process, but in reality there are differences in legal sanctions applied to election participants at the provincial and district or city levels related to campaign violations at places of worship.

Muhari Muhari

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

This research aims to describe the application of law number 16 of 2019 concerning amendments to law number i of 1974 concerning marriage regarding marriage dispensations in the Tuban religious courts. This research is qualitative research with a type of field research. Data collection techniques use interviews, observation and documentation. Analysis uses data reduction. data display and drawing conclusions. checking is done by data triangulation. The results of this research are that the Tuban religious court has implemented law number 16 of 2019 after the law was passed. With steps to provide outreach to the government concerned and the community. However, requests for marriage dispensation increased to 57% after the enactment of Law No. 16 of 2019, therefore it can be said that the implementation of Law No. 16 of 2019 is still not effective.    

Sitti Humayrah Galfia Djokja; Stanislaus Kostka Ohoiwutun; Ahmad Rosandi Sakir

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

This study aims to analyze public service accountability at the Namlea Subdistrict Office, Buru Regency. The research method used is qualitative, with an in-depth interview approach to gather information regarding the ongoing service processes at the subdistrict office. The research findings indicate that although some aspects of public service at the Namlea Subdistrict Office are running well, there are still areas that require improvement. The reporting process is relatively transparent, but it is hindered by a limited number of staff, which affects the timeliness of report resolutions. Information retrieval also relies heavily on direct visits to the office, suggesting the need for the implementation of information technology to make public access easier and more efficient. Service performance evaluations are conducted regularly, but they are constrained by staff capacity, which is insufficient to handle the volume of reports. Staff control and guidance are carried out routinely, but some members of the public seek increased transparency in this process. Overall, despite several challenges such as limited human resources and facilities, the Namlea Subdistrict Office has shown commitment to improving service quality. However, to enhance accountability, improvements are needed in transparency, information access, as well as strengthening staff capacity and the use of more advanced technology.

Maulana Zuhri Notanubun; Zainal Abidin Rengifurwarin; Stanislaus Kostka Ohoiwutun

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

This research is a qualitative descriptive research that aims to determine the Effectiveness of Supervision of Village Fund (DD) Use in Development in Ohoi Mataholat, Kei Besar District, Southeast Maluku Regency and What are the Supporting and Inhibiting Factors. This research was conducted in Ohoi Mataholat, Kei Besa District, Southeast Maluku Regency. Primary data collection was carried out using data collection techniques through interviews, observations, and documentation of a number of informants involved in the Supervision and Use of Village Funds for Development in Ohoi Mataholat, Kei Besar District, Southeast Maluku Regency. The results of the study indicate that although there is supervision carried out by the village government and the community, there are still obstacles in terms of transparency, accountability, and supervisory capacity. Factors such as lack of community understanding, low human resources in supervision, and minimal facilities and infrastructure for implementing supervision are the main obstacles in achieving effective supervision. Therefore, this study recommends the need to increase the capacity of supervisors, more intensive socialization to the community, and increase transparency in reporting the use of village funds. Thus, it is hoped that the use of village funds can be more optimal and provide maximum benefits for village development..

Abdullah Mansur; Rangga Andika; Prita Tusia Megana; Ahmad Fanny Grafiky; Sufiarina Sufiarina

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

Agrarian law reform in Indonesia is a strategic effort to achieve social justice, reduce land ownership disparities, and optimize the sustainable use of agrarian resources. This article examines the implementation of legal theory as a conceptual foundation in agrarian law reform, integrating normative,sociological,and critical approaches. The study identifies various challenges, including overlapping regulations, conflicts of interest, weak law enforcement, and limited community participation in legislative processes. Through qualitative analysis, this research explores how critical legal theory can drive policies that are more equitable and responsive to  social dynamics. The findings reveal that the success of agrarian law reform heavily depends on synergy between regulatory updates, strengthening legal institutions, and community engagement. This article recommends consistent regulatory reforms, improved governance of agrarian resources, and the integration of social justice principles in decision-making processes. These findings provide a significant contribution to the development of an inclusive, equitable, and sustainable agrarian legal framework in Indonesia.

Dewi Yanti; Junita Mawartina; Heti Sarlini; Wahjoe Pangestoeti

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

The mechanism of state debt management is a process involving fiscal and monetary policies to regulate the issuance, use, and repayment of state debt. In its management, the government usually uses instruments such as bonds, bilateral loans, and multilateral loans to finance the budget deficit. State debt can be used to fund infrastructure projects, health, education, and other important sectors, but its management must be careful so as not to burden the economy. One important aspect of debt management is maintaining the debt ratio to Gross Domestic Product (GDP) so that it remains under control. If state debt increases significantly without being balanced by economic growth, it can pose a risk of inflation, a larger budget deficit, and a reduction in market confidence in the government's ability to repay debt. On the other hand, good debt management can encourage economic growth by financing productive projects that increase competitiveness and public welfare. Strict supervision of debt allocation and transparency in the use of funds are essential to avoid misuse and increase the effectiveness of debt management. In addition, the role of international institutions such as the IMF and the World Bank is also crucial in providing technical advice and support for sustainable debt management policies.

Dicky Erizon; Andi Suhendra; Fadlan Fadlan; Erniyanti Erniyanti

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

This research examines the formulation of restorative justice-based law enforcement policies for children in conflict with law, focusing on the development and implementation challenges within the juvenile justice system. Using a qualitative descriptive-analytical approach, the study analyzes current policy frameworks, implementation practices, and systemic challenges through comprehensive literature review, in-depth interviews with key stakeholders, and focus group discussions with legal practitioners and child protection experts. The findings reveal that while the legal framework for restorative justice exists, implementation faces significant challenges including limited understanding among law enforcement officers, inadequate infrastructure, and insufficient inter-agency coordination. The study also identifies successful practices and proposes a comprehensive policy framework that emphasizes capacity building, institutional strengthening, and community engagement. This research contributes to the development of more effective and child-centered approaches in juvenile justice systems, providing practical recommendations for policy makers and law enforcement agencies in implementing restorative justice principles for children in conflict with law.

Ibrahim Ibrahim; Ismaidar Ismaidar; Tamaulina Br Sembiring

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

The extension of the term of office of the village head was motivated by a demonstration by almost all village heads throughout Indonesia who expressed their wishes and aspirations in front of the building of the People's Representative Council of the Republic of Indonesia, so that the term of office of the village head would be revised to be extended. This study aims to determine how the political legal turmoil caused by the extension of the village head's term of office in accordance with Law Number 3 of 2024 concerning Villages. By using a qualitative literature study method, this study analyzes more relevant literature to understand the influence of legal politics on the extension of the village head's term of office

Gabriel Simson Tamba; Revo Christanto; Fadlan Fadlan; Erniyanti Erniyanti

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

This study examines the complex challenges surrounding criminal acts perpetrated against Indonesian migrant workers and evaluates the effectiveness of current law enforcement mechanisms and legal protection frameworks. The research analyzes both domestic and international legal instruments designed to protect migrant workers, with particular focus on their implementation and practical outcomes. Through a comprehensive assessment of case studies, legal documents, and enforcement data, this study reveals significant gaps between established legal protections and their actual enforcement. Key findings indicate that Indonesian migrant workers frequently face various forms of criminal exploitation, including physical abuse, fraud, human trafficking, and unlawful confinement, while working abroad. The study identifies several systemic barriers to effective legal protection, including jurisdictional complexities, limited access to legal resources, inadequate bilateral agreements, and weak enforcement mechanisms in both sending and receiving countries. Furthermore, the research highlights the critical role of government agencies, diplomatic missions, and non-governmental organizations in providing legal assistance to victimized workers. The study concludes by proposing concrete recommendations for strengthening the legal protection framework, enhancing international cooperation in law enforcement, improving access to justice for migrant workers, and developing more robust preventive measures against criminal exploitation.

Raja Zulkifli; Doni Gusmardi; Fadlan Fadlan

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

Interfaith marriage in Indonesia represents a complex legal challenge characterized by significant regulatory ambiguity and constitutional tensions. This juridical research investigates the existing legal vacuum surrounding interfaith marriage, examining the critical gaps in current legislation that impede comprehensive legal protection for interfaith couples. Utilizing a normative juridical approach with legislative and conceptual analysis, the study explores the intricate intersections between religious diversity, individual rights, and legal frameworks.The research reveals substantial deficiencies in the current legal system, highlighting the absence of specific regulations governing interfaith marriage. Key findings demonstrate the urgent need for a comprehensive legislative framework that balances religious pluralism, constitutional principles, and individual human rights. The study identifies critical challenges, including conflicts between existing legal provisions, social perceptions, and constitutional guarantees of religious freedom.Methodologically grounded in progressive legal theory and human rights principles, the research provides a critical analysis of the existing legal landscape. Comparative insights from international jurisdictions underscore the necessity of legal reform. The findings recommend the development of nuanced legislation that respects individual choice while maintaining social harmony.The study concludes that Indonesia requires a transformative approach to interfaith marriage regulation, emphasizing legislative reforms, public education, and the establishment of robust legal mechanisms that protect individual rights within the context of religious and cultural diversity.

Sri Juni Woro Astuti

This study examines how the policy environment surrounding the regional development planning process starts with development plan deliberations and how much of the publicity spirit is actually there. The degree to which the development plan's deliberative process actually creates a public forum for people to voice their goals and to what extent these objectives constitute a study of publicness. Community compliance is a visible aspect of the policy environment. Decision making regarding regional development policies and initiatives is known as regional development planning. The development planning meeting is the most crucial step. The meeting serves as a means to communicate the goals and objectives of the community, including various stakeholders. Thus, the degree to which the public's sentiment and the policy environment favourably impact the follow-up to the outcomes of the "musrenbang" is one factor that influences the effectiveness of the Musrenbang. This study, which used a qualitative descriptive methodology, was carried out in a number of East Javan villages that served as samples for the three political divisions in the area. This study is backed not only by primary data but also by secondary data from other studies and publications. . This study concludes that the regional development plan has not fully reflected the real value of publicness, and the policy environment is still not conducive to the completion of the regional development plan that is actually able to realize the objectives of regional development, which in turn can foster regional competitiveness.

Rina Buton; Aminah Bahasoan; Ivonny Yeany Rahanra

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

This research is a qualitative study with a sample size of 9 participants. It aims to examine the leadership of the Sub-District Head in Batabual Sub-District, Buru Regency. The study was conducted at the Batabual Sub-District Office in Buru Regency. Primary data collection was carried out through interviews with several informants directly involved in the leadership process of the Sub-District Head in Batabual. The findings of this study indicate that the leadership of the Sub-District Head in Batabual Sub-District cannot yet be considered effective and does not meet the standards expected by employees and the community. Consequently, aspects such as service delivery, community empowerment, and infrastructure remain inadequate.

Adinda Zahra Septiany Rusdiono; Fadillah Nurul Fitriani; Hendra Rizki Taruna; Putri Adelia Anjani; Tugimin Supriyadi

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

In the legal world, suspect, accused and convict are terms that have meaning. Legal protection is a form of effort to protect society from arbitrary actions by covering several important aspects aimed at ensuring a fair process is obtained. Based on what is stated in Article 1 Number 14 of the Criminal Procedure Code regarding those who are called suspects, Article 1 Number 15 of the Criminal Procedure Code for those who are declared defendants and Article 1 Number 32 of the Criminal Procedure Code regarding those who are declared convicts. This research uses a literature review method by exploring various literature related to the research topic.  

Sanusi Sanusi; Rezike Nurul Ergiarti; Fajar Ari Sudewo; Mukhidin Mukhidin; Moh. Taufik

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

This study critically examines access to justice for minors who are victims of rape in the context of the Indonesian criminal justice system, with a special focus on the human rights perspective. This study is motivated by the high number of cases of sexual violence against children and the complexity of handling them in the Indonesian legal system. The research problem is how to protect human rights for minors who are victims of rape in the law enforcement system in Indonesia. The research method uses qualitative normative legal research by analyzing legal doctrine and related legislation. The research method used is qualitative normative legal research, namely examining various laws and regulations and related literature to understand legal principles and their implementation in the field. The results of the study show that in terms of legal-normative, the protection of children's human rights is regulated in various national and international laws and regulations. However, there are several challenges in its implementation in the field such as limited understanding of law enforcement officers, facilities, and implementing regulations. For this reason, it is necessary to strengthen socialization, legal frameworks and implementation facilities, and continuous evaluation in order to realize universal protection of children's human rights. This study identifies systemic challenges faced by victims in seeking justice, including child-unfriendly legal procedures, lack of psychosocial support, and persistent social stigma. The study’s main findings indicate significant gaps between international human rights standards on child protection and practices on the ground. This study argues for a comprehensive reform of Indonesia’s criminal justice system to better accommodate the needs and rights of child victims, including the provision of specialized legal assistance, increased sensitivity of law enforcement officers, and the development of recovery-centered justice mechanisms. This study offers concrete recommendations for system improvement, which are expected to serve as a reference for policymakers, legal practitioners, and other stakeholders in efforts to improve access to justice for child rape victims in Indonesia.  

Dinda Bhawika Wimala Pastika; Amir Khoirudin

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

Muslim tourists may take advantage of a variety of Muslim-friendly tourism options, including halal tourism. A growing number of nations are considering expanding their halal tourist offerings, thanks to the industry's meteoric rise since 2018. Among 130 countries, Indonesia topped the 2019 Global Muslim Travel Index as the top halal tourist destination. This success has encouraged Indonesia to increase its efforts in developing halal tourism, taking use of the country's vast potential in this area. Indonesia's advantage in halal tourism must be complemented by particular legislation implementations governing halal tourism to enable structured and orderly implementation. With appropriate regulations, it is hoped that the optimization of halal tourism may become more structured in terms of standards in the promising halal tourism sector, acting as a benchmark for other nations to adopt halal tourism practices. This study aimed to provide additional information on the importance of adopting legislative standards for enforcing halal tourism legislation in Indonesia. This study used normative methodology. In addition to the need for special regulations concerning halal tourism management, careful preparation in terms of adequate scientific and technological updates is required to ensure that halal tourism in Indonesia is well received in the global market. Moreover, there must be a regular control in updating halal tourism regulations in Indonesia between authorized institutions

Nabila Ikbal; Diana Setiawati

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

Disputes usually occur due to differences in ideas, beliefs, values, needs, and goals, until finally people with different backgrounds cannot work together and cannot avoid disputes. Litigation is the most traditional dispute resolution which is a process in court using applicable law. Alternative Dispute Resolution is a concept of dispute resolution outside the court that prioritizes a win-win solution which is now integrated into the adjudication process as part of CDR or CADR. With a normative research method, which is sourced from secondary legal data, with primary legal materials, secondary legal materials, and tertiary legal materials, using qualitative data analysis methods by interpreting and describing questions contained in documents and laws and regulations. The results of this study indicate that the traditional dispute resolution method is a slow, protracted, and relatively expensive dispute resolution process, while the digital dispute resolution method in an approach to optimizing ADR has advantages in economic factors, scope factors and good relationship building factors.

Khobibah Khobibah; Nabilla Farah Quraisyta

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

In the era of globalization , digital communication media is developing with rapid make it easier everyone in​ respond and express opinion through Network online social . Change.org is one of the sites that can utilized Good individual and also group For submit A petition online against​ decision the perceived government not enough appropriate . Success on monitoring the decision government in Indonesia through this online petition including very good , but sadly Not yet There is regulation specifically that covers it . In line with problem said , the purpose writing article This is For analyze urgency making A Regulation legislation about Online Petitions and their preparation use perspective Good Legislation Making . Research law normative which prioritizes Conception Good Legislation Making become appropriate methodology​ with objective research that was initiated . For make it easier discussion , poured out formulation problem , the first How Urgency Formation Regulation Legislation About Online Petition , Second How Ideal Concept of Regulation Legislation About Perspective Online Petition Good Legislation Making. From results analysis found that in Indonesia indeed Not yet There is regulation special that becomes umbrella law online petitions as well draft idealist making legislation online petition using perspective Good Legislation Makang .