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Sarah Marissa Aromagira Girsang; Fally Avriantara

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The 1945 NRI Constitution as the Constitution of the Republic of Indonesia has guaranteed equality before the law for everyone, therefore the State guarantees and is obliged to ensure that its citizens have better access to legal aid. The data still displays a difference in the number of Legal Aid Organizations (LOB) and the underprivileged individuals seeking justice. There are thousands of law firms that have been established and spread across the Indonesian territory in both litigation and non-litigation fields, which can be the solution or answer to this inequality. The type of research is juridical-normative and employs a legal approach to research. The interpretation method involves an interpretation-systematic approach that analyzes qualitative data. As for the conclusion reached, (1) The Regulation on the Granting of Legal Aid in Indonesia are based on the provisions of the Herziene Indische Reglement (HIR), Act No. 18 of 1981 on the Law of Criminal Procedure, Act No. 18 of 2003 on Advocates, Act No. 48 of 2009 on Judicial Authority and Act No. 16 of 2011 on Legal Aid. (2) The role of a law firm in improving access to legal aid in the community is to provide legal aid or legal services free of charge as an embodiment of the officium nobile and to cooperate or collaborate with certain local Legal Aid Institutions with the form of tangible activities such as holding legal counseling accompanied by the provision of legal aid services.

Adam Ilham Fabian; Lego Karjoko; Fatma Ulfathun Najicha

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Legal protection and human rights for workers are basic rights guaranteed by the constitution. The impact of the development of information technology through online buying and selling has created new jobs such as expedited couriers. However, the lack of protection, especially regarding Occupational Safety and Health (OHS), creates inequality of rights for expedition courier workers. This research aims to explore the legal protection arrangements, especially in the aspect of OHS, for expedition courier workers, with reference to the principles of Pancasila justice. The research method uses a statutory and conceptual approach, with the collection of legal materials through literature studies with legal material analysis techniques used in this legal research is deduction reasoning. The principles of Pancasila justice require regulation in accordance with the values of Pancasila. The lack of regulations covering OHS for couriers results in inequality of rights and frequent work accidents. Therefore, revision of the Occupational Safety regulation needs to be carried out by prioritizing the values of Pancasila justice to ensure the safety of workers, including expedition couriers. The government needs to review the Occupational Safety Law to cover new types of work, such as gojek and expedition services, in accordance with the justice values of Pancasila as the Ideology of the Indonesian nation

Agus Haryanto; Rizky Wahyuni; Wulan Sari

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This article examines the socio-legal impact of gender-based violence legislation on survivors and societal perceptions of justice. By evaluating the effectiveness of various legal protections and support systems for victims, the study assesses challenges such as enforcement, social stigma, and cultural attitudes. Findings suggest that while legal protections are essential, achieving gender justice requires broader social reforms to address deeply rooted biases and to empower survivors.

Valeria Huarcaya; Rafael Quispe

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study analyzes how socioeconomic inequality affects access to justice, focusing on the effectiveness of legal aid systems in various countries. By comparing government-funded and NGO-supported legal aid programs, the article examines the barriers faced by marginalized communities in obtaining legal representation and fair trials. Results suggest that improving access to legal aid is crucial for reducing disparities in the legal system and promoting equitable justice.

Nopiana Mozin; Jamaludin Jamaludin; Najamudin Najamudin

International Journal of Islamic Religious Studies and Sharia 2024 International Forum of Researchers and Lecturers

The relationship between traditional Islamic jurisprudence (fiqh) and modern international human rights norms has long been characterized by debate and tension. Islamic law is commonly perceived as divinely grounded and normatively authoritative, whereas human rights frameworks are often viewed as secular, universal, and rooted in modern legal philosophy. This perceived dichotomy has contributed to the widespread assumption that Sharī‘a and human rights are inherently incompatible, particularly in sensitive areas such as gender equality, freedom of religion, and minority rights. Reassessing this tension is especially important for Muslim-majority societies that must reconcile religious legitimacy with global human rights obligations. This study explores the potential for harmonizing classical Islamic jurisprudence with contemporary human rights norms by identifying shared values, points of divergence, and feasible pathways for integration. Using a qualitative normative legal approach, the research employs doctrinal analysis of primary Islamic legal sources alongside international human rights instruments, supported by comparative analysis of key rights, including the protection of life, religious freedom, and gender equality. Interpretative analysis is applied to examine how classical and contemporary Islamic scholars conceptualize human rights within the Sharī‘a framework. The findings reveal substantial convergence between Islamic law and human rights norms, particularly in their shared emphasis on human dignity, justice, equality, and social welfare. While interpretative tensions persist, they are largely shaped by contextual and institutional factors rather than by the core ethical objectives of Islamic law. Integrative approaches grounded in ijtihad, maṣlaḥa, and maqāṣid al-sharī‘a offer constructive pathways for harmonization.

Ludfi Ludfi; Rinovian Rais

International Journal of Islamic Religious Studies and Sharia 2024 International Forum of Researchers and Lecturers

This research explores the role of Maqāṣid al-Sharīʿah in modern governance systems, focusing on its application to contemporary issues in Muslim-majority societies. The study examines the challenges posed by traditional Islamic jurisprudence and its rigidity in addressing evolving social, political, and economic conditions. Specifically, it aims to assess how Maqāṣid al-Sharīʿah can enhance governance by promoting justice, public welfare, and the protection of rights, as well as offering an adaptable framework for legal reforms. The research employs a comparative literature review and thematic analysis, examining classical and contemporary texts to identify key themes related to the integration of Maqāṣid into governance. The main findings suggest that Maqāṣid al-Sharīʿah provides a more flexible and responsive legal framework compared to traditional textual fiqh, especially in the context of modern governance challenges such as human rights, social justice, and public welfare. The study concludes that integrating Maqāṣid principles into contemporary Islamic governance can lead to more equitable and effective systems, enhancing social cohesion, economic stability, and the protection of human rights. Future research could explore specific case studies of Maqāṣid implementation in various governance contexts to further understand its practical applications.

Taufiq Taufiq; Kardina Engelina Siregar; Mohammed Dawood Ansari

International Journal of Islamic Religious Studies and Sharia 2024 International Forum of Researchers and Lecturers

Islamic education holds a strategic position in shaping students’ moral character and social attitudes within multicultural societies. However, Islamic educational curricula are frequently perceived as prioritizing normative-textual transmission and doctrinal compliance, leaving limited room for interfaith dialogue and the cultivation of inclusive dispositions. This study critically assesses Islamic educational curriculum orientations and examines how sharia-based moral pedagogy can foster interfaith tolerance among students. The study also responds to the limited empirical linkage between sharia moral education and measurable developments in tolerance, inclusivity, and dialogic competence in Islamic schooling contexts. Using a qualitative design with descriptive-critical analysis, the research draws on curriculum document analysis and classroom observations across several Islamic educational institutions. Data are analyzed thematically to identify how three key curricular dimensions-akhlak (ethical conduct), maqāṣid al-sharī‘ah (higher moral objectives), and Islamic civilization history-are embedded and enacted in teaching practices, as well as how these elements shape students’ attitudes toward religious difference. The results indicate that akhlak-centered learning supports empathy, mutual respect, and non-discriminatory behavior by framing morality as lived practice rather than abstract instruction. Integrating maqāṣid al-sharī‘ah strengthens students’ inclusive orientation by emphasizing public good, justice, and human dignity as guiding principles for social relations. Additionally, teaching Islamic civilization history-especially narratives of coexistence-enhances students’ awareness of interfaith engagement and positions dialogue as compatible with Islamic identity. A comparative analysis suggests that sharia-based moral pedagogy is more effective than normative-textual curricula in building tolerant and inclusive student dispositions, mainly because it enables reflective learning, contextual moral reasoning, and dialogic interaction.

Batbayar Enkhtaivan; Tserendorj Myagmarsuren; Uugantsetseg Munkhbat

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study explores the influence of cultural traditions on the formation and adaptation of legal norms in multicultural societies. By analyzing cases from countries with diverse ethnic groups, the article evaluates how traditional practices sometimes conflict with formal legal standards, particularly in family and property law. Findings indicate the importance of incorporating cultural considerations into legal frameworks to enhance social cohesion while ensuring justice and equality.

Rawuh Yuda Yuwana; Chairul Hakim

International Journal of Islamic Religious Studies and Sharia 2024 International Forum of Researchers and Lecturers

This study explores the intersection of classical Islamic philosophical thought and modern environmental ethics to propose a Sharia-based eco-theology model for addressing global sustainability challenges. It investigates key Islamic environmental principles, such as khalifah (stewardship), amanah (trustworthiness), and mizan (balance), which emphasize humanity’s responsibility to protect and preserve the environment. These values, derived from Islamic teachings, offer a moral and spiritual framework for ecological stewardship, aligning closely with contemporary concerns like sustainability, biodiversity preservation, and climate change mitigation. The research integrates these Islamic principles with modern ecological ethics, including ecocentrism, deep ecology, and environmental justice, to construct a holistic eco-theological model. Through this framework, the study emphasizes the importance of balancing ecological, economic, and social factors to promote environmental justice. The findings suggest that Islamic eco-theology can play a significant role in fostering environmental responsibility within Muslim communities and beyond, contributing to global sustainability efforts. Practical applications of these principles are seen in educational initiatives, such as the incorporation of eco-theology into curricula at Islamic institutions, and in community-based environmental projects. The research also highlights the challenges and limitations of traditional interpretations of Islamic environmental ethics, suggesting the need for progressive and adaptive approaches in addressing modern environmental issues. Future research directions include exploring the integration of this eco-theology in policy-making, Islamic education, and cross-cultural applications, ensuring its relevance to diverse communities facing environmental challenges.

Sulis Tyaningsih; Yurna Yurna

Jurnal Manajemen dan Pendidikan Agama Islam 2024 Asosiasi Riset Pendidikan Agama dan Filsafat Indonesia

The study discussed in this study is a library study that seeks to present descriptively with methods of qualitative and library research, i.e. library-based research, in the process of data collection, researchers conduct research and analyze library sources obtained from the theories of literary books. (library research). The result of the study of the library obtained there was a gap between the desired idealism and the reality in its implementation; 1) Islamic law idealism offers principles that are fair, fair, and based on Islamic moral values. However, in the reality of its implementation, there are challenges that result in the gap between such idealism and reality. Factors such as varied social, political, cultural, and interpretation of Islamic teachings affect the gap between idealism and the reality of the Islamic law. These factors can hinder the implementation that corresponds to the desired idealism. 3) The impact of the gap between idealism and the reality of Islamic law is visible in societies, where there is sometimes an inconsistency between public expectations of fair implementation and realities that do not meet those expectations. This can lead to dissatisfaction, injustice, and social tension. 4) To overcome this gap, efforts involving various parties are needed, including religious leaders, Islamic law scholars, legal practitioners, and the general public. In this regard, a deeper understanding of Islamic teachings, the strengthening of justice institutions, the involvement of society in the process of law-making, and the promotion of dialogue and understanding between groups can be effective measures. Building understanding and cooperation between religious leaders, Islamic law scholars, and legal practitioners with the general public is key in strengthening the implementation of Islamic Law in accordance with desired idealism. It is essential for the implementation of Islamic law to justice, sustainability, and well-being for society.

Indra Yuri Pradana; Edi Pranoto

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze and evaluate the implementation of fulfilling prisoners' rights at the Class IIB Demak Detention Center. Fulfilling prisoners' rights is an important aspect in the criminal justice system which focuses on rehabilitation and social reintegration. This research uses a qualitative approach with data collection techniques through observation, interviews and documentation studies. The results of the research show that the implementation of fulfilling the rights of prisoners at the Class IIB Demak Detention Center experiences a number of challenges. Some rights, such as the right to health facilities, education and work, have not been fully fulfilled optimally. Limited facilities and infrastructure, a lack of manpower, and internal regulations that do not fully support the fulfillment of prisoners' rights are the main factors for deviations. However, this research also identified several good practices in fulfilling prisoners' rights, such as the existence of rehabilitation programs that focus on skills development and education. Collaborative efforts between internal and external parties are also recognized as a positive step in improving the living conditions of prisoners. Based on these findings, this research recommends improvements in the management of facilities and infrastructure, increasing the number of workers, as well as improving internal regulations to optimally support the fulfillment of prisoners' rights at the Demak Class IIB Detention Center. It is hoped that the results of this research can contribute to improving the system of detention and rehabilitation of prisoners in Indonesia in general.

Valentino Aquila De Wahyu; Aurelia Eka Junita; Amanda Destiana; Krisna Agus Setyabudi; Farrah Nidau Daini +1 more

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The National Police of the Republic of Indonesia (Polri) is a government institution whose main task is to ensure law enforcement, security and public order, provide services as well as protect and develop. Therefore, the National Police plays an important role in ensuring security and public order and enforcing the law to create peace and justice for all Indonesian people. In every criminal case, criminal investigations must be carried out professionally, transparently and responsibly to uphold the supremacy of law that reflects a sense of justice. (1) (5) The Criminal Procedure Code explains that an investigation is a series of investigative actions used to search for and discover an incident that is suspected of being criminal in order to determine whether an investigation can be carried out according to the Criminal Procedure Code.

Nur Hidayatul Fithri; Budi Endarto; Muhamad Chaidar

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The existence of fintech P2P Lending can help Indonesian people who are still unreached by banking services to borrow funds with easy, fast terms and without making a direct agreement. Electronic lending system make it easy public to borrow funds with easy reuqirements and without need to meet for make a agreement. Trading system transaction originally paper based and then shift to electronic based system (digital) is something that needs to be studied further about validity of the e-contract as the basis of relations between two parties that make agreement, by using legal protection theory, legal certainty theory, and theory of justice. The purpose of this research is to study together validity of e-contract in Fintech P2P Lending industry. The results of this research analysis show that the practice of online lending and borrowing based on fintech P2P Lending still does not have legal certainty for loan recipients, the benchmark for the validity of an agreement in fintech P2P Lending only refers to article 1320 of the Civil Code regarding the conditions for the validity of the agreement. The Fintech Lending Law should be drafted immediately to guarantee legal certainty for P2P Lending fintech.

Daniel Ochieng; Sarah Nabirye; James Kalungi

International Journal of Social Welfare and Family Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This research examines the effectiveness of domestic violence legislation in protecting survivors and ensuring access to justice. By analyzing case studies, the study highlights the progress and challenges in enforcement, such as legal gaps, cultural barriers, and resource constraints. Findings suggest that while legislation has improved protections, additional support mechanisms and public awareness are essential to provide survivors with adequate safety and support.

Fikri Dwi Fadillah; Muhammad Zirly Annadziif

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

International criminal law deals with extraordinary crimes, including the crime of genocide, which has been prohibited and regulated by various international treaties such as the 1948 Genocide Convention, the statute of the International Criminal Tribunals for the Former Yugoslavia (ICTY), the statute of the International Criminal Tribunals for Rwanda (ICTR), and the 1998 Rome Statute. This research aims to understand the crime of genocide in the context of International Law and its related dispute resolution methods. This research uses a doctrinal or normative juridical research approach. The results show that genocide crimes often arise as a result of the struggle for tribal rights which is a minority group. In addition, the existence of religious and racial fanaticism can also play a role in encouraging cultural discrimination that leads to the crime of genocide. In response to these crimes, International Law has developed regulations and dispute resolution mechanisms. This research provides an in-depth understanding of the root causes of the crime of genocide and highlights the role of International Law in addressing such acts. Dispute resolution methods, whether through peaceful or coercive means, become relevant in responding to the crime of genocide and upholding international justice. As such, this research contributes to further understanding of the complexity and urgency of addressing the crime of genocide within the framework of International Law.

Tedy Subrata

Faedah : Jurnal Hasil Kegiatan Pengabdian Masyarakat Indonesia 2024 FKIP, Universitas Palangka Raya

Special Education for the Advocate Profession (PKPA) is a mandate from Law of the Republic of Indonesia Number 18 of 2003 concerning Advocates. Special Education for the Advocate Profession is a form of education that must be followed by someone with a bachelor's degree with a higher legal education background. Special Education for the Advocate Profession (PKPA) has relevance to the Law of the Republic of Indonesia Number 20 of 2003 concerning the National Education System (SISDIKNAS) which states that the types of education consist of general, vocational, professional, vocational, religious and special education. This Community Service activity aims to produce professional lawyers who are reliable, independent and responsible so that they are able to appear as enforcers of justice in administering justice honestly and in accordance with legal objectives, namely, legal justice, legal benefits and legal certainty for all by enforcing equality at the forefront. before the law. This activity was attended by 30 (thirty) prospective advocate participants which was held on October 14 2023 at Tangerang Raya Tiga Raksa University, Tangerang Regency. The method used by Service Learning (SL) is intended to integrate learning into the Special Education for the Advocate Profession (PKPA) or the partnership of the National Leadership Council of the Indonesian Advocates Association (DPN PERSADIN) with the Faculty of Law, University of Greater Tangerang (UNTARA). Apart from that, the Participatory Action Research (PAR) approach is oriented towards empowering participants in Special Education for the Advocate Profession (PKPA). This is due to the need and resolution of legal problems in society. Higher education officials must place society as the main actor in development and change. The result of this activity is to give birth to the profession of advocates and provide an understanding that Advocates are a profession that is noble, free, independent and responsible in upholding the law, and that the activities of this profession are guaranteed and protected by law for the sake of implementing the Rule of Law.

Jason Fernando; Abharina Nasution; Daniella Wehelmien Salmun; Jeremy Bryce Lim; Maxi Leinderd

Intellektika : Jurnal Ilmiah Mahasiswa 2024 STIKes Ibnu Sina Ajibarang

This research aims to explain that left-wing groups have returned to political participation in the Latin American region, which has given birth to the Pink Tide 2.0 phenomenon. The rise of the Pink Tide 2.0 phenomenon began with Mexico in 2018 and Argentina in 2019. This trend continued throughout 2021 and 2022, when many left-wing leaders won elections in Latin America; including Bolivia, Peru, Honduras, Chile, Colombia and Brazil. Elements of the political movement like its predecessor were characterized as "anti-American" and prioritized social-based development, but had a new transformation that focused on environmental protection and fighting climate change, realizing social justice for every race, gender political emancipation (feminism and LGBTQ+), as well as sustainable economic restructuring to eradicate poverty and inequality. This research uses qualitative methods with literature study, as well as social developmentalism theory according to Lena Lavinas. This research concludes that Pink Tide 2.0 emerged due to Latin American society's distrust of right-wing leaders, because they saw stagnant development and increasingly massive inequality following the worsening of the regional economy during the 2010s and the Covid-19 pandemic. Pink Tide 2.0 is the rise of left-wing regimes in Latin America to involve broader segments of society in the sustainable development of each sector.

Nasrullah Wahyu Maulana; Muhammad Yasin

Jurnal Riset dan Publikasi Ilmu Ekonomi 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

In this era of globalization, economic growth is increasingly rapid. As an effort to improve people's welfare based on justice and prosperity which are the goals of national development, the Indonesian economy will also be followed by policies in the tax sector. 1. Based on the background of the problem above, the problem can be formulated as follows: Does PBB and BPHTB revenue have an effect on PAD in Sumenep Regency? 2. Does PBB revenue have a significant effect on PAD in Sumenep Regency? 3. Does BPHTB revenue have a significant effect on PAD in Sumenep Regency?. From the results of the data analysis and discussion that have been described, the following conclusions can be drawn: 1. The influence of PBB's contribution to PAD in Sumenep Regency 2013-2022. Where PBB partially has a positive and significant effect on PAD with a calculated T value of 28.518 and a significance level of 0.000 < 0.05. 2. Influence of BPHTB Contribution to PAD of Sumenep Regency 2013-2022. Where BPHTB partially has a positive and significant effect on PAD with a calculated T of 2.318 and a significance level of 0.000 <0.05. 3. Effect of PBB Contribution, BPHTB on PAD of Sumenep Regency 2013-2022, Based on the results of the F test simultaneously the PBB contribution variable and the BPHTB contribution variable have a positive and significant effect on PAD with an F table value of 2113.398 > 3.16 and a Sig. 0.000 < α = 0.05.

Nur Faidah

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The problems in this research are: 1) Why are the regulations for protecting the rights of prisoners in the criminal justice system in Indonesia not based on the value of justice, 2) What are the weaknesses in the regulations protecting the rights of prisoners in the current criminal justice system. The research method uses the constructivism paradigm, with an empirical juridical approach, and a descriptive research type. Types and sources of data using secondary materials in the form of primary legal materials, secondary legal materials, and tertiary legal materials. Methods of data collection using literature, and qualitative analysis methods. The results of the study are: 1) Regulations for the protection of convicts' rights in the criminal justice system in Indonesia are not based on the value of justice; 2) Weaknesses in the regulation on the protection of convicts' rights in the current criminal justice system from the aspects of legal substance, legal structure and legal culture.    

Ibrahim Ahmad; Roy Marthen Moonti

Jurnal Inovasi Sosial dan Pengabdian 2024 Lembaga Pengembangan Kinerja Dosen

Access to justice is a fundamental right that is still difficult to reach by rural communities, including in Deme Dua Village and Bubalango Village. Paralegals play an important role in providing legal assistance for people who have limited access to professional advocates. This study aims to analyze the strengthening of the role and function of paralegals in improving access to justice in the two villages. The research method used is a qualitative approach with a descriptive method to understand the dynamics of paralegals' roles in resolving legal disputes and the challenges they face. The results showed that paralegals contribute to legal education, conflict resolution through mediation, and legal assistance for vulnerable groups. However, they face obstacles such as limited resources and lack of recognition from the formal legal apparatus. In conclusion, strengthening the role of paralegals can improve access to inclusive justice in rural communities, but needs policy support and more systematic training.