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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.

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.

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.

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.

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.

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.

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.

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.

Juwita Siregar; Modella Raghel Monika; Aulia Putri Nadifa; Natasya Melinda Puspita

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

This study analyzes the role of the Golkar Party of Serang City in the formulation and oversight of Regional Regulation Number 11 of 2019 on the Implementation of Tourism Business Governance using the Institutional Analysis and Development (IAD) framework. The study aims to examine how political party institutions perform their functions in local legislative processes, particularly in terms of public representation, interest articulation, and policy oversight. A qualitative case study approach was employed, involving in-depth interviews with party actors and members of the Regional House of Representatives (DPRD), as well as document analysis of relevant policy materials. The findings reveal that Golkar’s role in the formulation and supervision of the regulation was predominantly carried out by its legislative faction through informal mechanisms, while the party’s organizational structure played a limited institutional role. The process of absorbing public aspirations was relatively constrained and tended to favor groups with close social and political ties, indicating that the party has not fully exercised its functions of public articulation and accountability. From the perspective of the IAD framework, this condition reflects weaknesses in internal rules, actor capacity, and interaction mechanisms within the party as a political institution in the policy arena. Therefore, strengthening Golkar’s institutional capacity is essential to enable a more substantive, responsive, and inclusive role in local legislative and policy oversight processes

llham Al Barkah

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

This study aims to determine and analyze the comparison of authority and characteristics between the Nusantara Capital Authority and the Labuan Bajo Authority in the administration of the Indonesian government. The type of research used in the research on the comparison of the authority of the Nusantara Capital Authority Authority and the Labuan Bajo Authority in the Implementation of Indonesian Government is still the same as the initial research proposal, namely using the type of normative law research (normative law research) which is carried out by examining library materials or secondary data. Comparison of the authority between the Nusantara Capital Authority and the Labuan Bajo Authority, namely the authority of the Nusantara Capital Authority (IKN) is regulated in Law Number 3 of 2022 concerning the National Capital and further regulated through Government Regulation Number 27 of 2023 concerning the Special Authority of the Nusantara Capital, namely special authority related to granting investment licenses, ease of doing business, and providing special facilities to parties that support the implementation of the Indonesian Government, as well as the provision of special facilities to parties that support financing in the context of preparation, construction, and relocation of the National Capital, as well as the development of the Archipelago Capital and partner regions and authority in government affairs, while the authority of the Labuan Bajo Authority Agency

Hasyarania Hasyarania; Nurjihad Nurjihad

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

Marriage is the only way to legalize the relationship between men and women in order to realize the happiness of family life. Marriage is also a complement to the religion of Muslims. However, because marriage basically unites two different individuals, it certainly does not rule out the possibility of differences of opinion and other problems. Divorce is the last resort for a marital relationship that can no longer be maintained, divorce can occur for several reasons, including because the couple has changed religions, as contained in the Compilation of Islamic Law Article 116 letter H. Divorce certainly causes a legal consequence, one of which is the effect on children. If the divorce occurs because the wife or a mother has changed, then how is the determination of custody of a child who has not been mumayyiz. The purpose of this study is to find out the judge's considerations in determining child custody due to divorce because the couple changed religion in the decision Number 1515/Pdt.G/2015/PA.Smn. This research is a normative-empirical legal research, this research data uses secondary data consisting of primary, secondary and tertiary legal materials. To complete the secondary data, interviews were also conducted with the judge at the Sleman Religious Court. Based on the results of the research and analysis that has been carried out, it can be concluded that the judge's consideration in deciding the case of determining child custody due to divorce caused by a couple converting (apostasy) at the Sleman Religious Court was given to the Applicant as his father in order to maintain the safety of his child's faith and the best interests for his child and for the sake of the child's future.

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.

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.

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.

Lina Marliana Dewi; Nirmala Nirmala

International Journal of Educational Sciences and Languages 2025 International Forum of Researchers and Lecturers

The Indonesian language holds a strategic role as a unifying national language as well as the medium of instruction in education. However, this role has not been fully internalized within indigenous communities such as the Baduy Dalam tribe, which is known for its strong adherence to tradition and the use of the Baduy dialect of Sundanese in daily life. This study aims to reveal the role of the Indonesian language in communication and education within the Baduy Dalam community and to analyze how the national language is adopted amidst the strong local culture. This research employs a qualitative method with data collection techniques including in-depth interviews, participatory observation, and document studies conducted within the Baduy Dalam community in Lebak Regency, Banten. The results indicate that the Indonesian language is beginning to be used in educational contexts, especially in formal schools around the Baduy area, although its use remains limited in everyday interactions among community members. Proficiency and understanding of Indonesian are more dominant among the younger generation who receive formal education. The social implications of these findings include the opening of access to broader information and knowledge for the Baduy Dalam people, but also present challenges in preserving local language and cultural values. This study recommends educational approaches based on local wisdom to ensure that the role of the Indonesian language progresses in harmony with the preservation of the Baduy Dalam cultural identity.

Minarti, Sri; Yulianti, Evy; Meifilindati, Intan

International Journal of Educational Sciences and Languages 2025 International Forum of Researchers and Lecturers

This research is motivated by challenges in biology learning, including the lack of digital literacy assessment in schools and the use of conventional learning methods that tend to make students bored. Impractical printed teaching materials cannot be integrated into the form of videos. This research aims to develop an e-module based on Science, Technology, Engineering, and Mathematics (STEM) to analyze the feasibility, practicality, and effectiveness of e-modules in improving students' understanding of concepts and digital literacy on human respiratory system materials. This research uses the Development Research (R&D) method with the ADDIE (Analysis, Design, Development, Implementation, Evaluation) development model.  The research was carried out at SMAN 1 Malinau. The implementation stage used a non-equivalent control group  design involving 34 students in the experimental class and the control class. Data collection instruments include validation sheets for media and material experts, practicality questionnaires for teachers and students, and pretest-posttest  tests to measure concept understanding and digital literacy.  Analysis of effectiveness data using N-gain test and hypothesis test (independent sample t-test for concept understanding and Mann-Whitney for digital literacy). The results of the research based on the validation of media experts and subject matter experts show that the STEM-based e-module is declared "Excellent". The e-module is also rated "Very Practical" by biology teachers and students. The e-module was shown to be effective in improving conceptual understanding, where the average N-gain value of the experimental class (58.63; Quite Effective category) was significantly higher (p=0.017) than that of the control class (40.62).

Nur Kholifah; Ikhsan Syaiful; Fadhiela Abhista; M.Sigit; Aulia Melani

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

The digital era has significantly transformed the way Indonesian society communicates, accesses information, and builds social interactions. These rapid changes have created new challenges for strengthening the values of Pancasila, especially as digital platforms increasingly become spaces where misinformation, hate speech, intolerance, and extreme polarization emerge. This study examines the relevance of Pancasila in guiding ethical behavior within the digital environment and highlights the strategic role of young people as key actors in maintaining national identity and moral integrity. Using a descriptive qualitative approach and literature analysis, the study finds that Pancasila remains highly relevant in addressing technological, social, and cultural disruptions. The values of divinity, humanity, unity, democracy, and social justice are essential for promoting responsible digital citizenship, fostering tolerance, encouraging critical thinking, and strengthening social cohesion. The study concludes that strengthening Pancasila-based digital ethics requires collaboration among the government, educational institutions, digital platforms, and society to ensure that digital transformation aligns with national moral foundations.

Vicky Rahmawan Putra; Fedianty Augustinah; Eny Haryati

International Journal of Social Sciences and Communication 2025 International Forum of Researchers and Lecturers

This research seeks to examine adaptive and sustainable internal governance approaches to enhance the operations of the Household Division within the General Bureau at the East Java Province Regional Secretariat. The study concentrates on four main elements: the integration and compatibility of SIM-BMD with financial systems and LPSE, technology-driven centralized logistics frameworks, the execution of asset lifecycle SOPs involving preventive maintenance and quick transfer methods, and the enhancement of human resource capabilities through targeted training and the creation of digital leaders. Employing a qualitative descriptive approach within a case study framework, information was gathered via detailed interviews, participatory observation, and analysis of institutional documents. The results indicate that integrating systems improves transparency, efficiency in reporting, and accountability in asset management. The centralized logistics approach paired with intelligent warehouse techniques greatly enhances distribution efficiency and decreases operational expenses. Additionally, proactive asset lifecycle management reduces the chances of asset deterioration and prolongs its useful life. Nonetheless, inconsistent digital skills among staff continue to pose a significant obstacle, necessitating ongoing training initiatives and guidance. The research suggests promoting a data-centric work environment, inclusive digital advancements, and collaboration among departments to establish a professional, effective, and sustainable internal governance framework consistent with the tenets of good governance and smart government

Girzavania Nugrita Nugroho; Ratri Wahyuningtyas

International Journal of Social Sciences and Communication 2025 International Forum of Researchers and Lecturers

This study examines the influence of internal communication and leadership style on employee work motivation at Public Relation Agency XYZ. The research focuses on understanding how these two organizational factors shape the motivation levels of employees, particularly freelance experts who contribute significantly to the agency’s performance and service quality. Using a quantitative approach, data were collected through a structured survey designed to capture employees’ perceptions of communication effectiveness, leadership characteristics, and motivational conditions within the agency. The collected data were then analyzed using SmartPLS to test the proposed relationships. The findings indicate that both internal communication and leadership style exert a significant and positive influence on work motivation, highlighting the crucial role of clear information flow and supportive leadership behavior. Moreover, the results suggest that enhancing communication practices and applying a more transformational leadership style can substantially improve employee motivation. This study offers practical recommendations for strengthening internal communication systems and leadership development initiatives to foster higher engagement, productivity, and overall motivation among employees at Public Relation Agency XYZ.