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Dhiya Fathiyyatul Aulia

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

The Regional Regulation Formation Agency (Bapemperda) is a legislative body under the Regional People's Representative Council (DPRD) that plays a key role in the creation of regional regulations. This study analyzes the function of the Bapemperda of the West Java Provincial DPRD in 2025 throughout the entire regulation formation process using a qualitative approach. The results show that Bapemperda carries out strategic tasks including the preparation of Propemperda (Regional Regulation Proposals), coordination and harmonization of Draft Regional Regulations (Raperda), monitoring discussions, and evaluating the content of the material. In 2025, Bapemperda established 10 Draft Regional Regulations (Raperda) (3 proposed by the DPRD and 7 proposed by the Governor). Bapemperda functions as a bridge for political communication and quality control of regional regulations. Its effectiveness is influenced by coordination, member professionalism, and consistent application of regulatory principles. Challenges faced include time constraints, complexity of substance, and political dynamics. The study recommends strengthening institutional capacity and optimizing the documentation system to support good governance.

Erni Susanty Tahir; Aris Prio Agus Santoso; Aryono Aryono

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

This study analyzes the legal framework and social implications of the modification licensing process in customary buildings. Modifications are often carried out in response to modernization, material changes, and contemporary functional needs, which have the potential to clash with efforts to preserve cultural values and local wisdom. Using a qualitative approach with case studies in several indigenous villages in Indonesia, data was collected through in-depth interviews, observations, and review of licensing documents and related policies. The results of the study show that there is a tension between formal licensing laws (such as Building Permits/IMB) and customary laws that apply in local communities. An effective licensing process requires intensive dialogue and collaboration between local government authorities, customary institutions, and building owners to ensure modifications still respect the values contained in cultural heritage. The study recommends a flexible and consultation-based licensing framework that harmoniously integrates positive legal aspects and customary norms, while promoting community awareness and participation in heritage conservation.

Maskawati Maskawati; Muhammad Tryas Budi Firamulia; Burhanuddin Burhanuddin

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

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

Rengga Kusuma Putra; Lita Tyesta Addy Listya Wardhani; Edvardas Juchnevicius

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

This research explores the development of a participatory governance model for community based waste management systems, aiming to enhance both legal compliance and public social welfare outcomes. Community based waste management (CBWM) plays a critical role in addressing environmental and health challenges, yet its success is often hindered by weak governance structures, limited community involvement, and insufficient regulatory frameworks. The study introduces a governance model that integrates local community participation into decision making processes, encouraging ownership and responsibility among residents. The primary goal is to improve compliance with environmental regulations while promoting social welfare by fostering better public health and community cohesion. A review of literature highlights key theories of participatory governance, focusing on its ability to enhance legal adherence and increase social equity. Previous studies on CBWM demonstrate the potential of community involvement in overcoming barriers to legal compliance, such as weak enforcement and fragmented governance. However, challenges like inadequate infrastructure, socio economic factors, and cultural habits still impede full participation and compliance. The study utilizes a mixed methods approach, including stakeholder analysis, participatory workshops, and regulatory compliance assessments, to evaluate the effectiveness of the model. The results show that communities involved in participatory governance exhibit higher compliance with waste management laws, improved sanitation, and healthier living conditions. Furthermore, the model fosters social capital and community empowerment, contributing to long term sustainability. In comparison to centralized waste management systems, the participatory approach is found to be more adaptable, accountable, and socially accepted. While the model presents several benefits, challenges such as infrastructure limitations and cultural barriers remain. Future research should further investigate how to address these challenges, particularly through technological integration and cross sector collaborations, to ensure the scalability and sustainability of the participatory governance model.

Linda Ikawati; Fifiana Wisnaeni; Sandra Leoni Prakasa Yakub

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

This study explores the integration of customary law and government regulations in environmental protection, emphasizing the role of community perceptions in shaping effective legal frameworks. Marginal ecosystems, such as coastal areas, urban fringes, and sacred natural sites, often face vulnerability due to fragmented governance systems that fail to coordinate customary practices with formal legal structures. The research investigates how integrating local traditions and state regulations can enhance biodiversity conservation, improve community engagement, and ensure the long term sustainability of environmental management efforts. Findings reveal that when customary laws are formally recognized and incorporated into state regulations, they significantly enhance the legitimacy and effectiveness of conservation policies. Communities in regions like Bali, Indonesia, and Pacific Islands have shown that hybrid legal approaches, which respect traditional ecological knowledge, result in greater participation and trust in conservation activities. However, challenges such as administrative complexity, lack of standardized guidelines, and the need for adequate funding and support for community based governance hinder the full potential of this integration. The study highlights the importance of simplifying legal processes and fostering mutual understanding between customary practices and formal regulations to achieve successful ecosystem protection. This research emphasizes the need for policy reforms that ensure the inclusion of customary law in environmental governance frameworks, ultimately promoting a more inclusive, adaptive, and sustainable approach to managing marginal ecosystems.

Aziz Widhi Nugroho; Martitah Martitah; Dede Rusmana

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

Rapid This study examines the effectiveness of environmental legal instruments in addressing water access inequalities in multicultural rural communities. Despite the existence of various legal frameworks, disparities in water access remain prevalent, especially in rural areas where socio economic, cultural, and governance challenges persist. Legal instruments such as the Water Framework Directive (WFD) and the Clean Water Act (CWA) have proven effective in improving water quality and access in urban settings, but their impact in rural communities is often limited. The study explores the role of legal pluralism, where both statutory and customary laws coexist, in enhancing water governance. It also evaluates the importance of integrating cultural sensitivity into legal frameworks to foster community participation and sustainable water management. Through a mixed methods approach combining legal analysis and socio economic assessments, this study provides insights into the barriers to effective water governance and proposes policy recommendations for improving water access. Key findings suggest that inclusive governance models, which respect local customs and empower communities, lead to more sustainable and equitable water management outcomes. The study highlights the need for legal reforms that recognize the diverse cultural, governance, and infrastructural contexts of rural communities, ensuring that water access policies are both culturally adaptive and legally effective. By integrating these approaches, future policies can more effectively tackle water access inequalities in multicultural rural settings.  

Retno Eko Mardani; Ani Purwanti; Bagus Hermanto

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

Rapid urbanization, especially in developing countries, has worsened spatial inequality and environmental degradation, impacting vulnerable urban communities living in informal settlements with limited access to services and increased environmental risks. This study examines the role of spatial planning law in promoting social justice and environmental protection in urban areas, particularly for marginalized populations. While spatial planning laws have the potential to promote equity and sustainability, inconsistent enforcement and inadequate evaluation mechanisms reduce their effectiveness. Using a qualitative legal analysis approach, the research reviews statutory frameworks, urban planning documents, and case studies to assess the practical application of these laws. Findings show that integrating spatial planning laws with social justice and environmental sustainability principles can enhance the living conditions of vulnerable communities by ensuring equitable resource access and reducing exposure to environmental hazards. However, fragmented legal frameworks, weak enforcement, and a lack of participatory planning hinder their impact. Comparing with traditional urban planning, social justice-oriented spatial planning provides more sustainable outcomes by prioritizing equity and environmental protection. The study recommends policy reforms to strengthen law enforcement, encourage inclusive decision-making, and integrate social justice and sustainability into urban planning frameworks. Further research is needed to assess the long-term impacts and role of these laws in achieving equitable urban development.

Satriya Nugraha; Retno Saraswasti; Nikmah Fitriah

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

This study examines the effectiveness of national legislative strategies in promoting corporate accountability for industrial pollution and social justice violations. It analyzes a comparative legal framework, focusing on laws, enforcement mechanisms, and corporate liability regimes in countries such as France, Germany, Norway, China, and Australia. The research evaluates how mandatory due diligence laws, judicial measures, and transparency mechanisms help hold corporations accountable for environmental impacts. It compares voluntary compliance models with mandatory legal frameworks, noting the limitations of voluntary agreements in driving substantial environmental changes. Findings show that countries with strong legal frameworks, like the EU and Australia, achieve higher corporate compliance and environmental performance, while voluntary measures struggle to produce meaningful results. The study emphasizes the need for stronger enforcement, higher penalties for violations, and enhanced public transparency. Additionally, it explores integrating environmental justice considerations, such as community participation and fair compensation, into national strategies. The study offers policy recommendations for improving corporate responsibility through better legislation, harmonizing laws across jurisdictions, and fostering collaboration among governments, corporations, and civil society. It also suggests future research directions, including examining the long-term impacts of environmental justice policies in different global contexts.

Siti Risdatul Ummah

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

Paid online matchmaking services that have developed through Facebook use consumer profiles to promote and find partners. This practice raises legal issues, particularly those related to consumer protection and the risk of digital harassment—also known as cyberbullying—in the form of derogatory, discriminatory, or offensive comments about consumers' personal standards that are displayed publicly. The purpose of this study is to assess the legal liability of business actors for cyberbullying when operating online matchmaking services and to assess the extent to which legal protection tools are available to consumers. This study uses a normative legal approach, utilizing case studies of legislation and conceptual studies on the practice of paid matchmaking services on social media. The results of the study show that businesses are required to guarantee the safety, comfort, and protection of consumer rights in all digital-based commercial activities, including managing content and interacting with people on social media. Non-material losses, such as psychological pressure and abuse of consumer dignity, are caused by a lack of supervision and a lack of moderate comment mechanisms. Therefore, regulations on personal data protection must be strengthened, content moderation responsibilities must be determined, and legal accountability mechanisms for business actors in the digital ta'aruf business must be made clear.

Nurwihda Ramadani; Sakina Sakina; Putri Abelia Z; Kurniati Kurniati

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

Injustice against women in contemporary Islamic law practice is still a serious problem, especially in cases of divorce, child custody, and the division of common property, which are often decided textually without considering the social, economic, and psychological aspects of women. This phenomenon shows that the application of Islamic law is still normative and does not fully reflect substantive justice as the purpose of maqāṣid al-syarī'ah. This research aims to analyze the nature of justice for women in the modern era, identify the steps needed to realize this justice, and formulate Islamic legal solutions based on maqāṣid al-syarī'ah that can be applied contextually in the religious justice system. The research method used is qualitative with a normative-empirical approach through literature analysis, case studies, and empirical data from religious court decisions and reports of official institutions such as Komnas Perempuan. The results of the study show that justice for women can only be achieved through a dynamic maqāṣid approach, by placing the interests of women and children above the legal-formalities of classical fiqh. The efforts needed include the integration of empirical data in judges' decisions, reform of religious justice policies, increasing the capacity of judges in understanding maqāṣid, and empowering women through legal literacy.

Dony Kusuma Madani

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

Intellectual Property Rights (IPR) have the potential to be recognized as an object of Rahn Tasjily collateral because they meet the criteria of property that can be transferred in accordance with the principles of muamalah in Islamic banking. However, its implementation faces legal challenges, particularly related to the dualism between the provisions of Fiduciary Guarantee (UUJF), which contains potential riba and gharar, and the DSN-MUI Fatwa No. 68/2008, which rejects such non-Sharia elements. This study aims to analyze the position of IPR as marhun according to the principles of muamalah and to identify substantial barriers in its application in Islamic Financial Institutions (LKS), particularly in the aspects of valuation and execution. The method used is normative law with an approach to regulations and concepts, analyzed descriptively and qualitatively using secondary data. The study concludes that the conflict between UUJF and Rahn Tasjily, the high risk of gharar in valuation, and the delays in execution due to the Constitutional Court's decision, highlight the urgent need for OJK and DSN-MUI to issue technical regulations to harmonize and mitigate risks in accordance with Sharia principles.

Emmy Rachmasari

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

This research examines the legal vulnerability of Foundation assets whose land title certificates (SHGB) are still registered under the name of the founder or management, which can lead to disputes after the founder's death. The case of Vihara Thien En Thang reflects this issue, where conflict arose when the founder's heirs claimed the land as part of the inheritance. Through false statements, they successfully issued a Replacement HGB Certificate, while the original certificate was still held by the Foundation. The main objective of this research is to analyze the legal status of the deed of gift made by the founder to the Foundation and the legal implications of issuing the Replacement HGB Certificate based on false data. This study uses a normative legal method (juridical normative), with a statute approach and conceptual approach. Secondary data, consisting of primary, secondary, and tertiary legal sources, was collected through literature study and analyzed descriptively and qualitatively. Thus, this research aims to provide an understanding of its vulnerabilities and offer recommendations for protecting the legitimate assets of the Foundation.

Ali Fuad Hasyim

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

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

Frans Jomar Karinda; Achmad Faishal; Anang Shophan Tornado; Fuad Fazil Osmanov

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

Legal certainty (rechtssicherheit) is a fundamental pillar of the rule of law, ensuring that legal provisions are clear, consistent, and predictable. In the Indonesian criminal justice system, the Public Prosecutor holds a central position as the Dominus Litis (the owner of the case), determining which cases proceed to court. However, the implementation of prosecutorial authority often leans towards rigid legal positivism, creating a paradox where procedural certainty is achieved at the expense of substantive justice. Disparities in prosecution demands for similar crimes often lead to public distrust and legal uncertainty for justice seekers. This study aims to analyze the challenges in maintaining legal certainty and proposes a strategy to enhance the prosecutor's role through the integration of Restorative Justice and professional discretion. The research employs a normative juridical method with statutory and conceptual approaches, analyzing Attorney General Regulation No. 15 of 2020. The study finds that enhancing legal certainty requires shifting the paradigm from "mechanical prosecution" to "discretionary prosecution" based on conscience. To achieve this, prosecutors must be equipped with high-level cognitive skills to interpret "certainty" not just as textual compliance, but as the consistent application of fairness.

Erfan Efendi Yudi Arianto; Suprapto Suprapto; Achmad Faishal; Kamran Azizli

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

Corruption in Indonesia is not merely a moral transgression but an extraordinary economic crime that depletes national resources. The ultimate objective of corruption eradication, therefore, must be the restoration of state financial losses (asset recovery).  However, the current formulation of the criminal law system specifically Article 18 of Law No. 31 of 1999 contains a critical policy flaw. The provision of "Subsidiary Imprisonment" (Pidana Pengganti) allows convicts to substitute their financial restitution obligations with a disproportionately short prison term. This mechanism inadvertently provides an economic incentive for corruptors to conceal assets and choose imprisonment, resulting in significant state revenue loss. This study aims to critique the current penal policy formulation and propose a comprehensive reformulation of the compensation system. The research employs a normative-juridical method with a statutory and conceptual approach, utilizing the "Economic Analysis of Law" theory to evaluate the efficiency of sanctions. The study argues that the penal policy must shift from a "person-based" approach (in personam) to an "asset-based" approach (in rem). It is imperative to abolish the subsidiary imprisonment option for high-value corruption and implement "Non-Conviction Based Forfeiture" to maximize the recovery of state losses. Furthermore, this policy shift requires law enforcers with high-level cognitive skills to trace complex financial trails.

Didik Setyawan; Diana Haiti; Achmad Faishal; Elay Yusifli Elshad

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

The Prosecutor's Office of the Republic of Indonesia (Kejaksaan RI) is currently undergoing a significant paradigmatic shift following the enactment of Law No. 11 of 2021. While historically viewed primarily as a prosecution agency (Dominus Litis) in criminal matters, the current legal landscape demands a stronger role in Civil and State Administrative Law (Datun). However, the institutionalization of the Attorney General as the "Supreme Legal Advisor" to the government remains suboptimal, often overshadowed by its repressive functions. This normative ambiguity hinders the state's ability to receive unified and binding legal opinions. This study aims to analyze the normative basis for this transformation and proposes an institutional framework to establish the Attorney General as the sole authority for state legal counsel. The research employs a normative juridical method with statutory and comparative approaches, analyzing the new Prosecutor's Law and comparing it with the Solliciteur-Generaal concept in other jurisdictions. The study finds that the 2021 amendment provides the necessary legal standing for this transformation, but it requires a competency upgrade for prosecutors to handle complex non-litigation issues. Strengthening the Attorney General's role as the Supreme Legal Advisor is essential to ensure legal certainty in government policies and prevent state financial losses.

Dina Andiza

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

This study discusses consumer protection in the circulation of illegal cosmetic products through electronic commerce systems, focusing on the implementation of Law Number 8 of 1999 concerning Consumer Protection. The main problems of the research include legal regulations related to illegal cosmetics, legal provisions regarding electronic commerce, and consumer protection mechanisms against the circulation of illegal cosmetics on e-commerce platforms. This study uses a qualitative method with a normative legal research approach through literature studies, which involves primary, secondary, and tertiary data sources. The results of the study show that cosmetic distribution permits are regulated in the Regulation of the Food and Drug Supervisory Agency Number 12 of 2023 concerning the Supervision of the Manufacture and Circulation of Cosmetics. In electronic commerce, transactions occur electronically between sellers and buyers by involving a third party as the platform provider. Dispute resolution between consumers and business actors is regulated in the Consumer Protection Law through two channels, namely litigation and out-of-court dispute resolution. The research concluded that every cosmetic in circulation must have a distribution permit in the form of a BPOM Notification, and business actors are responsible for providing compensation in the form of refunds or product replacements. The research recommendations emphasize the importance of consumer prudence, honesty of business actors, and the government's firmness in handling consumer problems.

Rahmat Zarkasih Londa; Hartoyo Hartoyo; Nasoetion, Dedi Wardana; Sri Astutik

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

This study examines the application of restorative justice in traffic accidents during the investigation stage. The main focus of this research is to analyze the regulations and implementation process. The goal is to comprehensively describe how restorative justice policies are regulated by law and how they are practiced in the field, particularly by investigators. The research method used is a juridical- normative method with a qualitative approach. Data were obtained through literature review and in-depth interviews with relevant parties. The results indicate that restorative justice can be applied in resolving traffic accident cases, especially those resulting in minor losses or minor injuries. This regulation is contained in various regulations, such as Police Regulations and Circular Letters that serve as guidelines for investigators. The implementation process involves mediation between the perpetrator, the victim, and other relevant parties to reach a peaceful agreement. This agreement often includes compensation, an apology, or other mutually agreed-upon forms of reparation. The application of restorative justice aims to restore conditions to normal, restore social relationships, and avoid lengthy formal judicial processes. However, its implementation still faces challenges, such as unequal public legal awareness and the criteria for cases that can be resolved through restorative justice.

Siti Sahya Rauf; Zulfadli Zulfadli; Sugimin Sugimin

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

This study discusses the status of marriage books as legal and administrative documents, as well as the mechanism for their disposal as State-Owned Goods (BMN) at the Regional Office of the Ministry of Religious Affairs in Papua Province. The marriage book serves as valid evidence of marriage and plays an important role in population data management. As a document printed using the state budget (APBN), the marriage book is classified as BMN, and its management must comply with regulations. A qualitative approach with an empirical juridical method is used to examine the relationship between legal regulations and their implementation practices. Data were collected through interviews, observations, and literature studies with officials from the Islamic Guidance Division of the Ministry of Religious Affairs in Papua. The results indicate that the disposal of marriage books follows the Directorate General of Islamic Guidance Circular Letter No. 5 of 2024 and Ministry of Finance Regulation No. 83/PMK.06/2016. The disposal process is carried out in stages through administrative and physical mechanisms with principles of accountability and transparency. However, in Papua, the process of collecting unused marriage books has not yet reached the physical disposal stage. The disposal of marriage books is a strategic step in realizing good governance.

Febrian Maulana; Muhammad Syukri Azhari; Pamelda Ariska; Dewi Puspasari; Ariffa Mutri Muslimah +5 more

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

Communal land in Kenagarian Tarantang has undergone conversion into tourism areas, bringing impacts on local environmental conditions. This study aims to explain the forms of communal land conversion into tourist areas, environmental conditions after conversion, and its impact on the environment in Kenagarian Tarantang. The research employed a quantitative associative approach involving 50 respondents randomly selected from 789 households. Data were collected through questionnaires, field observations, and interviews, then analyzed using simple regression analysis. The results showed that communal land conversion occurred intensively for homestay construction and tourism facilities with a total score of 1121 in the good category. Environmental conditions were generally well-controlled with a score of 983 in the very good category, although there were impacts such as reduced vegetation and decreased water quality. Regression analysis confirmed a significant influence between communal land conversion and environmental conditions at 18.49 percent with a significance value of 0.002. Community participation in maintaining the cleanliness of tourism areas was very good, however, stricter government supervision, reforestation programs, and adequate waste management are needed to prevent ecosystem degradation in the future.