SciRepID - Scientific Publication Search

Publication Search

50,562 articles from 425 journals · 1,447 citations tracked

Showing 121-140 of 558

Analytics

Elis Yesika br Rajagukguk; Roida Nababan; Sovia Simamora

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

This research examines the legal safeguards for children born outside of marriage in Indonesia after the release of Constitutional Court Decision (MK) No. 46/PUU-VIII/2010, which represented a pivotal shift in national family legislation. Up until now, children born outside of marriage have frequently encountered bias and unfair treatment, both socially and legally. The Constitutional Court (MK) Decision No. 46/PUU-VIII/2010 marks an important advancement in enhancing the civil status of children born outside of marriage, establishing connections not just with their mother and her relatives, but also with their biological father if scientifically validated, for instance, via DNA testing. In this research, the author will examine how judges define legal protection for children born outside of marriage in light of Constitutional Court Decision No. 46/PUU-VIII/2010 and how this decision is executed in legal practices and everyday life, especially concerning the acknowledgment of rights for children born outside of marriage and the obligations of their biological fathers.This study uses a normative research method with a legislative approach and a case approach.  Data was collected through library research covering primary, secondary, and tertiary legal materials, namely by collecting legal materials through studies of books, journals, legal research results,  as well as various official institutional documents such as regulations and other literature relevant to the issues being studied.  The research findings indicate that legal protection for children born out of wedlock needs to be further strengthened through legal reform, public education,  and legal recognition and validation mechanisms, so that the basic rights of children can be optimally fulfilled in accordance with human rights principles and applicable laws and regulations.

Elisabeth Defedra Mbejo Sola; Kotan Y. Stefanus; Hernimus Ratu Udju

Jurnal Relasi Publik 2025 International Forum of Researchers and Lecturers

The legislative body is an institution or council that has the duty and authority to make laws and constitutions in a country. In the general explanation of Law Number 23 of 2014, it is stated that the Regional People's Representative Council, hereinafter abbreviated as DPRD, is a Regional People's Representative Institution which serves as an organizing element of the Regional Government.This research using a qualitative descriptive analysis method, namely by explaining or describing the data obtained by providing logical and correct interpretations in accordance with existing facts and or legal rules that are closely related to this research. So this research is a research that is sourced from primary and secondary data using an empirical juridical approach. Based on the research results, the use of the initiative right of Sikka DPRD members in making local regulations in 2018-2021 is still less than optimal. This can be seen based on data on the number of draft local regulations passed in 2018-2021. The number of local regulations produced by Sikka Regency is 34 (thirty-four) local regulations, including 4 (four) local regulations initiated by the DPRD and 30 local regulations initiated by the Regional Government. DPRD tends to be considered passive in contrast to the Local Government which is more pro-active because the proposal of local regulations (Perda) is more dominated by the regional legislative body than the executive body. The obstacles in the implementation of the legislative function of the DPRD of Sikka Regency are caused by internal factors such as level of education and experience, as well as external factors such as lack of political communication between the DPRD and the Local Government. Based on the results of the study, the author's suggestion is that the proposed local regulations be examined and scrutinized in depth to ensure their legal content and impact on society. The DPRD of Sikka Regency needs to improve the capacity of human resources through training and technical guidance related to the formation of initiative local regulations by involving academics and experts.

Nunung Futrianti; Lahmuddin Zuhri; Hanuring Ayu

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

The right to health services for residents of Senawang Village and evaluating the legal protection mechanisms that can be taken by residents of Senawang Village due to the lack of health services, the type of research used is empirical legal research. The approach method used is a sociological approach and a legislative approach, the type of data is primary data, secondary data and tertiary data. While the data collection techniques are in the form of interviews, literature, and documentation. Finally, with the analysis of the data obtained from this study, it can be concluded that the fulfillment of the right to a healthy life is a basic right that must be guaranteed, because health is part of the primary needs of every human being, which is clearly regulated in Article 28 H paragraph (1) of the 1945 Constitution and Law of the Republic of Indonesia Number 17 of 2023. However, the reality in the field shows that the implementation and implementation of these various policies is still far from expectations. This shows a gap between the ideal regulations on paper and their implementation in real life. Therefore, synergy between infrastructure policies and health services is crucial because without concrete improvements in the infrastructure sector, the goal of realizing equitable, fair, and high-quality access to health services for all Indonesians will be difficult to achieve.

Michael Dolf Lailossa; Parbuntian Sinaga; Retno Kus Setyowati

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

This study examines the application of the ultra petita principle in decisions of the Constitutional Court of the Republic of Indonesia, focusing on the case study of Decision Number 90/PUU-XXI/2023. The ultra petita principle is classically understood as a prohibition for judges to rule beyond what is explicitly requested by the parties to the case. However, in practice, the Constitutional Court often uses this principle flexibly to ensure substantive justice and the effective protection of citizens' constitutional rights. This shows how constitutional adjudication in Indonesia tends to prioritize substantive justice over procedural limitations. This thesis aims to analyze the legal basis used by the Constitutional Court when deciding ultra petita cases, while also examining the resulting legal implications for the administrative system of lawmaking in Indonesia. Using a normative legal approach, this study finds that the Constitutional Court positions itself as the sole interpreter of the constitution with progressive authority. In this sense, the Court's decisions may expand its role beyond the traditional boundaries of judicial authority. However, the Constitutional Court's ultra petita practice has the potential to raise concerns about judicial overreach. Ultra petita decisions not only resolve constitutional disputes but also have the potential to create new legal norms that can directly influence the legislative process and even change the structure of national law. Such outcomes raise the question of how to maintain a balance between judicial activism and legislative supremacy. Therefore, it is crucial to establish clear legal boundaries to ensure the Court remains within the constitutional framework, upholds the principle of checks and balances, and prevents conflicts of authority between branches of state power. Therefore, this research contributes to the academic understanding of the dynamics of the Constitutional Court's authority and the urgency of strengthening the rules of the game in maintaining harmony in the Indonesian state system.

Ulul Albab; Stanny Terianus Rumaseb; Sarwani Sarwani

Kajian Administrasi Publik dan ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Pancasila, as Indonesia’s foundational ideology, plays a central role in guiding the nation’s democratic governance and shaping its human rights framework. Despite its normative strength and universal values, the implementation of Pancasila in protecting human rights remains challenged by selective interpretations, legal inconsistencies, and socio-political dynamics that often limit its transformative potential. This study employs a Systematic Literature Review (SLR) following the PRISMA 2020 guidelines, systematically analyzing peer-reviewed Scopus-indexed publications from 2014–2025. The methodology integrates qualitative thematic synthesis and bibliometric mapping using VOSviewer, combining network, overlay, and density visualizations to capture both substantive content and the intellectual structure of the literature. The review identifies four major thematic dimensions: (1) humanity and social justice as core ethical values of Pancasila; (2) legal framework and reforms that seek to harmonize national laws with constitutional and international human rights principles; (3) challenges and critiques highlighting issues such as weak law enforcement, political intervention, and ideological contestation; and (4) educational and societal impacts, particularly the role of civic education and community-based initiatives in fostering rights awareness. Findings highlight that while Pancasila provides a robust ethical and legal foundation for human rights protection, its practical impact remains constrained by structural weaknesses, limited civic engagement, and inconsistent judicial practices. Bibliometric mapping reveals a growing scholarly interest in the areas of legal modernization, democratic governance, and the integration of human rights education within both formal and informal learning systems. This suggests that contemporary discourse is increasingly oriented toward reform and institutional strengthening. The study concludes that a synergistic application of Pancasila principles, comprehensive legal reform, and active civic participation is crucial for advancing human rights in Indonesia. Strengthening judicial independence, promoting inclusive legal frameworks, and enhancing civic education are key strategies to align Indonesia’s human rights practices with both its national values and international standards. Ultimately, this review contributes to scholarly discourse and policy development by providing a comprehensive synthesis of the intersection between ideology, democracy, and human rights in contemporary Indonesia.

Muh Akbar Yanlua; Mohammad Sarfan Basyir Putuhena; Syah Awaluddin

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

This study aims to analyze the correlation between the principle of equality before the law and the affirmative action policy, which is expressed in the form of a 30% quota for women's representation in the political field, as stipulated in Law Number 7 of 2017 concerning General Elections. The focus of the study is directed at the extent to which this quota policy is in line with the principle of equality before the law and reflects substantive justice in democratic practices in Indonesia. The research method used is normative research by examining laws and regulations, legal doctrine, and relevant literature. This approach is used to assess whether the quota policy for women's representation is in accordance with the constitutional principle of equality, while also considering the challenges of its implementation in a socio-political context that is still gender biased. The results of the study indicate that the 30% quota for women in legislative candidacy is a form of positive discrimination intended to correct structural and historical inequalities in women's political participation. This policy is expected to open wider spaces for participation so that women have equal opportunities to play a role in the legislative process and public policy making. However, this policy has also drawn criticism. Some believe that the quota emphasizes fulfilling numbers rather than the quality and capacity of the individuals nominated. Therefore, the quota must be accompanied by efforts to improve the quality of women's human resources, political education, and transparent, merit-based selection mechanisms. This way, women's representation will not only be formal but also substantial and contribute significantly to democratic development. In conclusion, the 30% quota policy remains necessary as an affirmative step toward de facto equality. However, strengthening capacity and supporting systems is crucial for its implementation to align with the principle of equality before the law and achieve substantive justice.  

Abdul Madjid Podungge; Fadel Ilato; Rizki Ayundari Putri

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

Civil servants play a crucial role in governance and development to achieve the national goals as stipulated in the Preamble to the 1945 Constitution of the Republic of Indonesia. Civil servants (PNS) are the primary foundation for the implementation of the Indonesian government system, as they implement public policy and provide public services. Their integrity, competence, and legal status significantly determine the quality of government bureaucracy. This study aims to determine the role of the Regional Civil Service Agency (BKD) in handling cases involving civil servants using fake diplomas during recruitment or promotion. The approach used is normative juridical, reviewing existing regulations, such as Law Number 5 of 2014 concerning the State Civil Apparatus, Government Regulations, and other technical regulations. Data were also obtained through interviews with BKD officials and analysis of relevant case documentation. The results of the study indicate that in practice, there is still a discrepancy between established legal procedures and their implementation in the field. Several cases indicate that administrative sanctions or termination of civil servants found to have used fake diplomas have not been fully based on proper verification and sanction mechanisms. This raises doubts about the validity of decisions and has the potential to undermine public trust in government institutions. This study emphasizes the importance of enforcing administrative discipline and improving internal oversight systems, as well as the need for stricter and more coordinated regulations between central and regional agencies to ensure that every administrative action has a valid legal basis. Implementing the principles of accountability and transparency in personnel management must be a priority to create a clean and professional bureaucracy.

Kintannia Khairunnissa Indriyanti

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

A fiduciary guarantee agreement is a formal agreement that must be stated in a notarial deed as regulated in Article 4 of the Fiduciary Guarantee Law. This provision states that a fiduciary guarantee is a subsidiary agreement of the main agreement that creates an obligation for the parties to fulfill a performance. Execution, in this context, is a legal action carried out based on a legally binding decision. Article 15 paragraph (2) of the Fiduciary Law explains that the executorial power of a fiduciary guarantee certificate allows for direct implementation without going through a court, is final, and binds the parties. This research uses an empirical normative method, namely combining library studies with field research. Primary data was obtained through interviews with Judges of the Yogyakarta District Court, Judges of the Sleman District Court, the Yogyakarta State Assets and Auction Service Office (KPKNL), and the Yogyakarta Regional Office of the Ministry of Law and Human Rights. Secondary data comes from primary, secondary, and tertiary legal materials. The analysis was conducted qualitatively. The research results indicate that following Constitutional Court Decision No. 18/PUU-XVII/2019, the execution of fiduciary collateral objects can no longer be carried out unilaterally by creditors, but must instead be filed through the District Court. This provision balances the legal standing between debtors and creditors and prevents potential arbitrariness. Nevertheless, execution through the courts is an alternative if there is no agreement between the parties regarding a default. The court's role following the Constitutional Court decision includes resolving disputes between creditors and debtors and ensuring that execution procedures are carried out in accordance with the HIR (Regional Regulations for the Protection of Creditors), RBG (Regional Regulations for the Protection of Creditors), and the Supreme Court's technical instructions. In general, the execution mechanism through the courts is considered quite effective in ensuring legal protection for both parties.

Minan Minan

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In society, there are terms like Lesbian, Gay, Bisexual, Transgender (LGBT) which are generally considered as a form of sexual orientation deviation. Sexual orientation itself refers to a person's emotional, physical, or romantic attraction to either the same or the opposite sex. Some countries legalize homosexual life, including same-sex marriage, but in the context of sexual deviation, homosexuality is considered contrary to the norms and values maintained in society. Based on this, several issues are raised, namely how Indonesian criminal law, especially the Criminal Code (KUHP), regulates LGBT; looking at Law Number 39 of 1999 concerning Human Rights for LGBT; and what legal efforts are made by the government to address issues related to LGBT. The author uses a descriptive analytical research method, with a normative descriptive approach that examines literature and regulations using qualitative legal analysis. The research results show that the provisions regarding homosexuality in Indonesian criminal law, which include Lesbian, Gay, Bisexual, and Transgender, are contained in Book II of the Criminal Code, Chapter XIV concerning Sexual Crimes, Article 292, and for cases involving children, are stipulated in Article 82 paragraph (1) of Law Number 35 of 2014. Furthermore, there is no legal recognition of homosexuality, and the law only permits homosexual practices involving children under the age of majority. The constitution recognizes human rights with limitations that may not conflict with regulations, morals, religious values, or public safety. The government is making efforts by coordinating not only with the LGBT community but also with relevant agencies, preventing violations arising from policies or systems, and continuously raising awareness among the government, the public, and various parties regarding human rights principles.

Wayan Agus Kertiyasa; I Made Mulyawan Subawa; Ida I Dewa Ayu Dwiyanti

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

Indonesia is a country that highly upholds the law, this is stated in the 1945 Constitution of the Republic of Indonesia. In line with these provisions, one of the important principles of a state based on law is the guarantee of equality for everyone faced with the law. The emergence of legal disputes related to land begins with objections related to claims for land rights, both regarding land status, priority and ownership, with the hope of obtaining administrative resolution in accordance with applicable provisions. The problem raised in this study is about court decision no. 148 / pdt.g / 2024 / pn in Tabanan. This study uses an empirical legal research method, namely research with field data as the main data source, such as interview results and observations. In addition, this research is also supported by normative data sourced from books and legislative studies. The purpose of this study is In general, this report aims to provide an overview of the settlement of criminal acts of court decisions in Tabanan. Based on the formulation of the problem How is the Implementation of Decision No.148/Pdt.G/2024/PN.Tab Regarding the Validity of Land Ownership Certificates, What legal remedies can be taken by legitimate heirs in the event of cancellation of the transfer of land ownership certificates. The results of the research conducted. It is known that the lack of concreteness of the Tabanan District Court's decision so that the settlement of civil cases is still ongoing, in process or ongoing, so far the parties involved are still trying to find a solution by collecting evidence and witnesses to resolve land disputes in Tabanan, the author concludes that the court has a central role in deciding cases and the author also advises all people before making land purchases and sales to check the completeness of documents, for example certificates.  

Lusia Tael; Oktovianus Naif; Theodorus A. Silab

Nubuat : Jurnal Pendidikan Agama Kristen dan Katolik 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Mission constitutes a fundamental dimension of the Catholic Church’s identity, intrinsically linked to the divine mandate to participate in God’s work of salvation in the world. Within this framework, the consecrated life of the Congregation of the Missionary Sisters Servants of the Holy Spirit (SSpS) embodies a distinctive expression of Trinitarian spirituality and a prophetic missionary vocation. In the context of Timor Island, this charism is concretely manifested through ministries that directly engage with the realities of local communities. This study adopts a qualitative methodology with a literature review approach, drawing on theological sources, congregational spirituality, and the SSpS Constitution to explore the theological and practical dimensions of the sisters’ mission. The research aims to analyze how the life and apostolate of the SSpS Sisters serve as a tangible witness to the presence of the Triune God, particularly through works in education, healthcare, social services, and pastoral ministry. The findings indicate that the sisters’ mission is deeply rooted in a faith experience centered on the Most Holy Trinity, which shapes their incarnational and intercultural approach to ministry. Their service reflects a prophetic commitment to empowering marginalized communities, promoting human dignity, and fostering social transformation. Furthermore, the integration of religious vows with active engagement in societal issues illustrates a spirituality that bridges contemplation and action, grounded in both fidelity to the Gospel and responsiveness to contextual needs. In conclusion, the consecrated life of the SSpS Sisters on Timor Island stands as a visible and dynamic sign of God’s salvific and prophetic presence. Through their holistic and transformative ministries, they contribute significantly to the mission of the Church and the common good of society, embodying a vision of the “civilization of love” rooted in Trinitarian communion and expressed in concrete service to humanity.

Robiatul Fitriah; Yogi Nugraha; Nadya Putri Saylendra

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

This study aims to determine the role of parents in fulfilling the right to education for girls based on the implementation of Article 31 Paragraph (1) of the 1945 Constitution in the region. This study uses a qualitative descriptive approach with data collection methods in the form of interviews, observations, and documentation. Informants in this study consisted of village heads, parents, and girls who dropped out of school. Data analysis was carried out using the interactive model of Miles and Huberman which includes data reduction, data presentation, and drawing conclusions. The results of the study revealed that some parents showed a high awareness of the importance of education for girls and provided real support by sending their children to school to a certain level of education. However, there are also parents who still limit their children's education to only a certain level, mainly due to limited economic reasons and the influence of cultural values ​​rooted in society. Factors such as economic dependence on girls and the view that higher education is not necessary for women are obstacles in realizing equal access to education. The implementation of Article 31 Paragraph (1) of the 1945 Constitution at the village level has not been optimal because there are no specific policies or programs from the village government that actually guarantee the right to education for girls. This study concludes that parental involvement plays an important role in addressing the inequality of access to education for girls in rural areas, and further support is needed from the government and the community to create an environment that is more supportive of girls' education. The implementation of more inclusive policies based on the needs of the local community is also very necessary to ensure that girls' right to education can be properly fulfilled.

Cindi Amalia Putri; Rohman Kusmayadi, Rudy Catur

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

The family is an essential social unit that contributes significantly to the protection of children's rights and welfare. In the context of Indonesian law, the legal status of children born out of wedlock was severely limited before the Constitutional Court Decision No. 46/PUU-VIII/2010. This study aims to examine changes in the legal status of out-of-wedlock children and their implications for custody after the decision. This research uses a qualitative method with a literature research approach, through the analysis of primary and secondary legal materials, such as Constitutional Court decisions, scientific literature, legal journals, and relevant laws and regulations. Prior to the Constitutional Court's ruling, children born out of wedlock were only recognized as having a civil relationship with their mother and mother's family, which had an impact on limited children's access to legal identity, custody, and inheritance. However, the Constitutional Court Decision No. 46/PUU-VIII/2010 opens up the opportunity to recognize the legal relationship between an out-of-wedlock child and his biological father, as long as it can be scientifically proven (through DNA tests) and legally. This change strengthens the position of children in obtaining custody (alimentasi), including the right to maintenance, protection, education, and financial support from the biological father. This ruling reflects significant progress in the protection of children's rights and the application of the principle of non-discrimination in Indonesian family law. Nevertheless, implementation in the field still faces challenges, both administratively, such as the convoluted recognition process, and socially, especially the stigma against children out of wedlock. Other challenges include low public legal literacy, limited access to scientific proof institutions, and the non-optimal role of the state in guaranteeing the rights of children born out of wedlock.

Meri Ulfa; Marice Simarmata

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

This study analyzes the health financing system in Indonesia from a human rights perspective, particularly after the enactment of Law No. 17 of 2023 concerning Health and Minister of Health Regulation No. 18 of 2022 concerning the Implementation of One Data in the Health Sector. These two regulations reflect the state's commitment to strengthening the national health system based on the principles of justice, transparency, and the fulfillment of citizens' constitutional rights to quality, equitable, and sustainable health services. Through a qualitative approach using document analysis of relevant regulations, policies, and academic literature, this study identifies a paradigmatic transformation in health financing, from merely a fiscal mechanism to a strategic instrument for guaranteeing human rights in the health sector. The results show that despite normative and institutional progress, the implementation of the health financing system still faces several challenges. These challenges include aspects of the community's economic accessibility to health services, limitations in transparency and accountability in fund management, and inequality in the distribution of financial resources between regions. In addition, funding sustainability and dependence on certain funding sources are also issues that need to be addressed. In response to these challenges, this study recommends three main strategies: (1) strengthening the integration and interoperability of financing data through the One Health Data system, (2) diversifying funding sources by involving the private sector, philanthropy, and other innovative schemes, and (3) reorienting health budget allocations to favor vulnerable groups and underdeveloped regions. These efforts are expected to encourage the realization of a fair, transparent, and sustainable health financing system within the framework of fulfilling human rights in Indonesia.

Febri Juhamsyah; Marice Simarmata

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

The implementation of digitalization in the healthcare sector through the Integrated Referral sistem (Sistem Informasi Rujukan Terintegrasi/SISRUTE) offers significant opportunities to expand access and improve the quality of healthcare services, especially in remote and underserved areas of Indonesia. This paper aims to analyze the challenges of implementing SISRUTE from a legal perspective, focusing on the principle of equitable healthcare access. The study uses a normative juridical approach combined with literature analysis, examining national regulations, including Law No. 17 of 2023 on Health, Government Regulation No. 47 of 2021 on Hospital Administration, and supporting ministerial policies. The research identifies several barriers that hinder the effectiveness of SISRUTE implementation, such as uneven distribution of digital infrastructure, limited internet connectivity, lack of adequately trained healthcare personnel, and the absence of supporting local regulations that align with national policy frameworks. These challenges create disparities in the utilization of SISRUTE, particularly in rural and remote areas, undermining the constitutional mandate for equal access to health services. From a legal standpoint, the principle of equity in healthcare has yet to be fully realized through SISRUTE due to these systemic gaps. The study concludes that strategic efforts are needed to improve intergovernmental coordination, harmonize health and digital regulations, strengthen healthcare workers' digital competencies, and invest in robust infrastructure development. Only through an integrated legal, technological, and human resource approach can SISRUTE fulfill its intended function in supporting a fair, inclusive, and effective healthcare referral system nationwide. This paper contributes to ongoing discourse on legal reforms for digital health equity in Indonesia.

Andri Herman Setiawan; Firman Nurdiyansyah Sunandar; Ahmad Juaeni; Johannes Triestanto

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

This research examines the legal framework governing digital employment contracts on gig economy platforms, with particular focus on the tension between operational flexibility and worker protection within the Indonesian legal context. The study employs comparative legal analysis methodology, exam-ining Indonesia's regulatory approach against international frameworks including the European Union's Platform Work Directive (2024), California's AB5 legislation, France's flexicurity model, and Spain's Rider Law. The research analyzes the employment status classification challenges faced by approximately 2.5 million Indonesian gig workers who operate within a legal gray area between traditional employment and genuine self-employment. The investigation reveals that Indonesia's current regulatory framework lacks comprehensive provisions addressing platform-mediated work relationships, creating significant legal ambiguity regarding worker rights and protections. Through comparative analysis, the study demonstrates that jurisdictions implementing presumption-based employment tests, such as California's ABC test, have successfully reduced misclassification by reversing the burden of proof onto hiring entities. The research identifies that the absence of clear classification criteria in Indonesian law undermines constitutional principles of social justice and equal protection as enshrined in Articles 27(2) and 28D(2) of the 1945 Constitution.The study concludes that Indonesia requires adaptive legislation that establishes rebuttable presumptions of employment for platform workers while maintaining appropriate flexibility for genuine entrepreneurial activities. The primary legal insight reveals that effective regulatory frameworks must in-corporate algorithmic transparency requirements, collective bargaining mechanisms, and social security provisions. The research recommends implementing a presumption-based classification system similar to the ABC test, coupled with mandatory platform engagement with elected worker representatives on tariffs and working conditions, thereby ensuring fundamental labor protections without stifling technological innovation.

Raskita Mega Wati Br.Pinem; Siti Aisyah; Fiza Ikramullah Lubis; Siti Nur Ainun; Shirajul Fuadi

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

This study examines the development of Islamic civilization during the time of the Prophet Muhammad (peace be upon him) using an approach that rejects the conceptual dichotomy between the Meccan and Medina phases. The title "Meccan Period (622–632 CE)" in this context is not interpreted geographically, but rather as a historical and substantial continuation of Islamic values instilled in Mecca before 622 CE and culminating in the socio-political institutions in Medina after the Hijrah. This study uses a qualitative method with a literature study approach to examine the causal relationship between the spiritual foundations instilled in Mecca and the development of Islamic civilization institutions in Medina. The results of the study indicate that the Meccan period was a phase in the formation of the spiritual and moral character of Muslims through the strengthening of the values of monotheism, patience, justice, and noble character amidst social and political pressures. These values formed a solid ideological basis for the formation of a civilized Islamic society. After the Hijrah to Medina, these values were not only maintained but also systematically institutionalized. This is reflected in several important aspects, such as the drafting of the Medina Charter as the basis of the constitution that guarantees plurality and social justice, the establishment of the Prophet's Mosque as a center of religious and governmental activities, the regulation of the economic system through the prohibition of usury and the obligation of zakat as a form of equitable distribution of wealth, and the development of an educational system that emphasizes the integration of knowledge and manners. Thus, it is concluded that the consolidated Islamic civilization until 632 AD was the result of a development process based on spiritual and moral values that had been intensively instilled since the early phase in Mecca. This study emphasizes the importance of value continuity in the process of social transformation, as well as the relevance of a spiritual approach in the development of an inclusive, just, and sustainable civilization.

Anen, Bruno Ikun; Salurante, Tony

International Journal of Christian Education and Philosophical Inquiry 2025 Asosiasi Riset Ilmu Pendidkan Agama dan Filsafat Indonesia

This paper examines euthanasia from ethical, theological, legal, and human rights perspectives, focusing specifically on the Christian faith. Euthanasia, defined as the intentional termination of life to avoid physical suffering, raises significant moral and legal dilemmas. This study applies a qualitative method through literature review to explore expert opinions, Indonesian legal provisions, and theological foundations based on the Bible. The findings indicate that euthanasia contradicts the core principles of Christian ethics, Indonesian positive law, and human rights values that uphold the right to life. From a Christian worldview, life is a divine gift and should not be ended by human will. Suffering is understood as part of a spiritual journey that carries redemptive meaning. Furthermore, euthanasia presents complex implications not only for the individual undergoing the act but also for families, religious communities, and healthcare professionals. In Christian ethics, life and death are matters of divine sovereignty, and human agency in ending life is considered a violation of God's authority. The legal stance in Indonesia, as reflected in national laws and regulations, clearly prohibits any form of euthanasia, emphasizing the protection of human life as a constitutional right. From a human rights viewpoint, although autonomy is important, it must be balanced with the principle of preserving life. This study suggests that interdisciplinary dialogue involving theology, law, bioethics, and pastoral care is urgently needed to build awareness and offer compassionate responses to end-of-life issues. Churches, educators, and policymakers are encouraged to develop ethical guidelines and pastoral counseling approaches rooted in biblical truth and legal integrity. A wise and faithful response to the problem of euthanasia requires not only empathy but also a clear commitment to uphold the sanctity of life.

Mustajib Mustajib

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The principle of popular sovereignty is a fundamental foundation of the Indonesian democratic system, as stated in Article 1, Paragraph (2) of the 1945 Constitution. Popular sovereignty emphasizes the importance of the people's right to choose and be chosen in general elections (Pemilu) and regional elections (Pilkada), which serve as the source of legitimacy for a legitimate government. This sovereignty should reflect democratic values that are just and equal. However, in practice, the implementation of popular sovereignty through elections is often tarnished by money politics, which threatens the integrity of democracy itself. This phenomenon indicates a profound distortion of democratic principles, where the election process is more driven by material interests than by political aspirations and ideologies. Money politics not only undermines the quality of elections but also diminishes public trust in the democratic process. This practice allows voters to sell their votes in exchange for money or goods, leading to electoral injustice. It transforms general elections and regional elections from an ideal democratic process into a contest reliant on financial resources, rather than on the quality of the leaders chosen. This article aims to analyze the contradiction between the constitutional ideal of popular sovereignty and the reality of money politics in the administration of general elections and regional elections. This study employs a normative juridical approach with qualitative analysis techniques to explore how current laws have guaranteed the implementation of popular sovereignty. The findings indicate that although the legal framework provides protection for the principle of popular sovereignty, weak law enforcement and the persistent transactional political culture hinder its substantial realization. As a solution, this article recommends several strategic steps, including strengthening regulations to limit money politics, reforming the party system to reduce the dominance of practical politics, and enhancing political education based on democratic values and integrity. With these measures, the principle of popular sovereignty can be more purely and consistently upheld, ultimately strengthening Indonesia’s democratic system to be fair and sustainable.

A. Junaedi Karso

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

Deployment of TNI to secure the prosecutor's office Although the Policy arose based on Telegram No. TR/442/2025 which ordered the deployment of TNI soldiers to strengthen the security of the High Prosecutor's Office and the District Prosecutor's Office throughout Indonesia.Securing the prosecutor's office by the TNI is contrary to civilian supremacy, a distortion of the defense function, because it deviates from the spirit of reform and the constitution. Meaning When the law is passed by legal telegram, the deployment of the military for tasks other than war or what is known as Military Operations Other Than War (OMSP), is strictly regulated in Law Number 3 of 2025 concerning Amendments to Law No. 34 of 2004 concerning the TNI. In Article 7 paragraphs (3) and (4), it is emphasized that: (1). All forms of OMSP can only be carried out based on a state political decision, either in the form of a Presidential Regulation or Government Regulation, depending on the type and scope of its duties. This is a form of "administrative militarization" that slowly but surely erodes the neutrality of the TNI; (2). There is no emergency situation, no reports of armed threats against the prosecutor's office, and no political decisions from the president; (3). The TNI is not an Office Guard, but a Guardian of the State's Future, meaning that the state guard should not be deployed only to guard the office, because the deployment of the TNI for the security of the prosecutor's office is not a solution. It is the beginning of decline. So this policy should be rejected, for the sake of the constitution, for the sake of military neutrality, and for the future of a democratic and civilized Indonesia.