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Siti Kasiyati; Abdullah Tri Wahyudi; Muhammad Julijanto; Muhammad Taufiq

Proceeding of the International Conference on Law and Human Rights 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyse the development and compare the legal politics of the Religious Court in Indonesia and Turkey. This study is library research with an interdisciplinary approach to historical-legal and comparative law research. This study presents a historical-legal perspective and a comparative analysis of the law to obtain similarities and differences in the legal politics of the Religious Court in Indonesia and Turkey. The legal politics of the Religious Court in Indonesia are divided into pre-Colonial, independence, and reform periods. In Turkey, the Religious Court is divided into three periods: before the Tanzimat, after the Tanzimat, and during Mustafa Kemal Atatürk's reforms. A comparative analysis of the law found that the Religious Courts in Indonesia and Turkey initially applied Islamic law. Still, later restrictions were placed on it in an attempt to abolish it. The difference is that the Religious Court in Indonesia still enforces Islamic law as a positive law in certain fields and regions. The Religious Court in Turkey was abolished and replaced by a regular Court based on European law. The existence of the Religious Court in Indonesia demonstrates the success of legal pluralism, while legal secularism has shifted legal pluralism in Turkey.

Cecep Bihar Aftarudin; Arihta Esther Tarigan; Elianta Ginting

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

An employment relationship is a relationship between a worker and an employer or entrepreneur involving work, wages, and orders. One outcome of this employment relationship is termination of employment. To create a just and prosperous society based on Pancasila and the 1945 Constitution, the government has enacted laws concerning termination of employment, such as Law No. 13 of 2003 concerning Manpower, Law No. 11 of 2020 concerning Job Creation, and Government Regulation No. 35 of 2021 concerning Fixed-Term Employment Agreements, Outsourcing, Working and Rest Hours, and Termination of Employment. This research uses a normative legal method, namely examining the law as it exists or should exist, or the law in books. The research was conducted by analyzing applicable laws and regulations, using library materials or secondary data covering primary, secondary, and tertiary law. Termination of employment is the right of both parties, namely workers and employers. Both parties can terminate the employment relationship according to their respective situations or conditions. This issue often generates debate because each party has different perspectives and arguments regarding termination of employment. As a result, the amount of compensation workers receive in practice also varies. Comparing Law No. 13 of 2003, Law No. 11 of 2020, and Government Regulation No. 35 of 2021 concerning termination of employment, it is clear that the Employee Rights Act No. 13 of 2003 provides more compensation than the Job Creation Law. Therefore, in practice, many companies, including PT Kuoni Indonesia, seek ways to reduce their compensation obligations under the pretext of negotiating with employees.

M. Al Ravi Azis; Koko Adya Winata; Laesti Nurishlah; Syifa Rohmati Mashfufah; Romi Wilza

Proceeding of the International Conference on Social Sciences and Humanities Innovation 2025 Asosiasi Peneliti dan Pengajar Ilmu Sosial Indonesia

This article delves into the application of gamification in Islamic Religious Education (IRE) for primary school students, focusing on its impact on motivation, emotional engagement, and learning psychology. It offers a systematic review of relevant studies, evaluating both the positive outcomes and challenges of using gamification in IRE. A thorough library research approach was used, drawing from academic journals, books, and conference papers. Key databases like Google Scholar, JSTOR, and ERIC were searched to identify studies published between 2010 and 2025. Studies that met specific criteria relevance to the topic, educational level, and a focus on gamification, motivation, emotional engagement, and learning psychology were selected. The findings suggest that gamification in IRE can significantly enhance student motivation, emotional engagement, and learning outcomes. Elements such as rewards, challenges, and interactive activities help create a positive learning environment, promoting better retention and understanding of Islamic teachings. Emotional engagement is particularly heightened when gamification is tailored to the cultural and religious contexts of the students, fostering a deeper connection to the material. The study emphasizes that incorporating gamification in IRE could enhance the overall educational experience for primary students, boosting their motivation and emotional involvement in learning. It also highlights the importance of designing gamified content that is culturally relevant and contextually appropriate to maximize the positive effects on student learning. The study recommends that educators, curriculum developers, and policymakers consider using gamification to improve the quality of Islamic education in primary schools.

Fery Suryono

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

This research undertakes a comparative analysis of the concept of divorce within the frameworks of Islamic Family Law and Buddhist Ethics. Marriage, recognized as a profound bond of both physical and spiritual union, holds significant value in both religious traditions. However, contemporary social realities reveal a high incidence of divorce, prompting a critical examination of the legal and ethical mechanisms governing its dissolution. Within Islamic jurisprudence, divorce (talak) is permitted but considered detestable by Allah, governed by stringent procedural mechanisms including talak (the husband’s right), khulu’ or gugat cerai (the wife’s right to initiate), and fasakh (judicial intervention). These processes carry clear legal implications concerning the waiting period (iddah), the possibility of reconciliation (rujuk), and the division of marital property. Conversely, while Buddhism does not explicitly prohibit divorce, the teachings of the Buddha strongly encourage spouses to exhaust all avenues for peaceful conflict resolution before considering separation as a last resort. The ethical framework in Buddhism grants equal rights to both parties to dissolve the marriage. This study employs a qualitative descriptive analytical method through library research, drawing upon primary legal texts such as Indonesia’s Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law (KHI) for Muslims, alongside the Vinaya Pitaka for adherents of Buddhism. The findings indicate that while both traditions view divorce as a final option, they diverge fundamentally in their legal structures; Islamic law establishes specific, gender-differentiated rights and obligations, whereas Buddhist ethics emphasize mutual consent and personal responsibility without formal legalistic procedures. The research concludes by recommending that couples, regardless of faith, prioritize reconciliation and peace, aligning with the core principles of both religions, and urges policymakers and legal practitioners to promote harmonious family life and reconsider legal frameworks that might better serve the welfare of children and families.

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

Wahid Ramadhan; Andi Rahmah; Andi Tanwir Mappanyukki

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

Abortion is prohibited under the Indonesian criminal law system. In fact, it is categorized as a crime against life, regulated by several laws and regulations, including the Criminal Code and the Health Law. Indonesian criminal law defines abortion as "Termination of Pregnancy," which is regulated by Articles 299, 346, 347, 348, and 349 of the Criminal Code. These articles clearly and unequivocally prohibit abortion for any reason, including abortion for emergency (forced) reasons, such as rape. This type of research is normative legal research (normative legal research method). The normative legal research method is a library legal research conducted by examining legal literature materials such as Legislation, Judge's Decisions, Books, Journals, Theses and Legal Dictionaries. The results of the study indicate that (1) The Judge imposed a sentence of 2 (two) years. This seems light and unfair because the defendant's actions should have been given a heavier sentence as stated in the case that the defendant had committed his crimes seven times. (2) The judge's considerations in imposing criminal sanctions in Decision Number 1224/Pid.Sus/PN.Mks, concluded that the judge's decision to sentence the defendant to two years in prison was lenient and did not reflect the sense of justice that should have been upheld. This was because the defendant's actions were classified as a serious crime that had a widespread moral and social impact on society.

Mulia Syarifatuzzahra; Ahmad Muhammad Mustain Nasoha; Altra Slashearly Ryanlista Firstly; Afri Khoirunnisa; Fika Alda Faruzia +1 more

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

Pancasila, as the state foundation and the source of all sources of law, has a strategic role in shaping the national education system, including religious-based institutions such as pesantren (Islamic boarding schools) and madrasah diniyah (non-formal Islamic religious schools). This study aims to examine how Pancasila values are internalized into the curriculum, school regulations, and educational practices of pesantren and madrasah diniyah. The research uses a qualitative approach with a library study design. Data were obtained from literature, journals, regulations, and official documents. The findings show that Pancasila provides a normative foundation for the development of pesantren education regulations and serves as an ethical guideline for shaping students’ character. The values of divinity, humanity, unity, deliberation, and social justice are reflected in educational practices, although the implementation is often influenced by local culture and the autonomy of pesantren. In conclusion, Pancasila functions not only as the basic legal norm but also as a source of inspiration for moral and civic education in pesantren and madrasah diniyah.

Ismaya Rahailia Nasution; Sidi Ahyar Wiraguna

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The position of judges in the process of proving civil cases occupies a fundamental role in upholding justice and legal certainty within the Indonesian judicial system. This study aims to examine the judge’s position, duties, and authority in the evidentiary process of civil cases through a literature review focusing on doctrines and jurisprudence. Using a normative juridical method with a library research approach, this paper analyzes legal theories, statutory provisions, and judicial precedents that regulate evidentiary procedures in civil law. The findings show that a judge is not merely a passive law enforcer but an active truth-seeker who must interpret and assess evidence based on principles of fairness, propriety, and moral values. The judge’s discretion in evaluating evidence reflects the responsibility to harmonize formal legal norms with the pursuit of substantive justice. Jurisprudence demonstrates that judges play an essential role in shaping evidentiary standards and ensuring that court decisions reflect the ideals of justice and legal certainty. The study concludes that the authority and independence of judges are crucial in realizing a fair trial, as they ensure that decisions are based on verified facts, logical reasoning, and moral responsibility. Strengthening the professionalism and integrity of judges is necessary to guarantee that the evidentiary process in civil proceedings fulfills the principles of equality before the law and promotes justice in society. 

Abdul Husain Natsir; Nurlaelah Abbas

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

This research examines the thought of Khawarij and Murji'ah in contemporary Islamic context with a focus on the relevance and application of these historical theological concepts to issues of extremism and moderation in the modern era. Through a qualitative approach with library research method, this study analyzes the doctrines of both groups and contemporary manifestations of their thinking. The results show that contemporary religious extremism phenomena have ideological connections with classical Khawarij characteristics such as takfirism, textual literalism, and tendency toward violence, while excessive political apathy reflects similarities with Murji'ah. The main challenges identified are how to balance religious commitment with tolerance in plural societies, and to overcome extreme tendencies in religious interpretation. In conclusion, a deep understanding of the historical roots of this thought can contribute to the development of a comprehensive approach to religious moderation in the modern era, with significant implications for social harmony and deradicalization efforts.

Dita Nur Wulandari; Ilma Salsabilah Nafta

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

The film "Ranah 3 Warna" (Ranah 3 Warna) is adapted from the novel "Ranah 3 Warna" by Ahmad Fuadi. "Ranah 3 Warna" explores various aspects of human life. It depicts how differences in social class can lead to conflict. The researcher aimed to determine how social class is portrayed in the film. The purpose of this study was to determine how the film "Ranah 3 Warna" represents, displays, and conveys messages about social class. Based on this, the researcher chose this film for research and analysis using Karl Marx's class theory. This research method employed a qualitative research design with a descriptive study approach. Data collection in this study utilized library research. The approach used in this study was content analysis, with the researcher employing purposive sampling to obtain more in-depth data. The results of this analysis show scenes in the film that present social conflict through scenes and conflicts, particularly those involving the main characters. The Randai family represents the upper class and the Alif family represents the lower class, leading to several social inequalities.

Adelia Adelia

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

This study is motivated by the rapid development of social media, which has become an inseparable part of children’s lives in the digital era. While children gain educational and creative benefits from social media, they are also exposed to risks from negative content such as violence, pornography, and consumerist behavior, as reported by KPAI (2023) and data from We Are Social & Hootsuite (2024). To analyze this phenomenon, a library research method with a qualitative approach related to the development of children’s thinking patterns, and child protection regulations, aiming to gain a comprehensive understanding of social and juridical implications. The results indicate that social media plays a dual role in shaping children’s thinking: providing positive impacts through learning and creativity, while also posing potential negative influences if not properly supervised. Therefore, synergy is required between law enforcement based on Law Child Protection and Law Information and Electronic Transactions, parental supervision, and adequate digital literacy, so that social media can be used as an educational and safe tool for healthy child development.

Destia Purwaningsih; Maulida Maulida; Nabela Nabela; Surya Sukti; Rafik Patrajaya

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

This study provides an in-depth analysis of the urgency of employing a contextual approach to the Qur’an and Sunnah as a hermeneutical framework for addressing the increasingly complex social problems in Indonesia. Based on the premise that divine revelation encompasses both textual and contextual dimensions, this research underscores the necessity of reinterpreting Islamic teachings by considering the sociocultural, economic, and intellectual transformations of modern society. Utilizing library research and extensive scholarly literature review, the study examines the contributions of the contextual approach in revitalizing maqāṣid al-sharī‘ah, advancing social exegesis, promoting productive zakat models, strengthening child protection policies, developing environmental jurisprudence, and enhancing social ijtihād during crisis situations such as the Covid-19 pandemic. The findings demonstrate that a contextual approach enables Islamic teachings to be articulated into more adaptive, inclusive, and progressive ethical principles without compromising their theological foundations. This approach also reinforces the integration of social sciences into Islamic studies, thereby producing legal formulations and public policies that promote public welfare, social justice, and ecological sustainability. Overall, the study concludes that the contextual approach is not merely a method of interpretation but a civilizational paradigm essential for shaping Islam’s relevance within Indonesia’s multicultural society. By fostering a dialogical encounter between scriptural texts and empirical realities, this approach preserves the vitality of Islamic teachings while ensuring their constructive and sustainable contribution to resolving national issues.  

Fu’ad, Asep; Supriatna, Encup; Fahmi, Irfan

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

In Islam, the family is a spiritual institution that plays a central role in shaping human psychological and moral balance. However, modernization, individualism, and value disorientation have led to rising psychological crises and disharmony in Muslim households. This issue requires a scientific approach that goes beyond legal-normative perspectives toward an integrative psychological understanding. This study aims to analyze the concept of Sakinah, Mawaddah, and Rahmah from a psychological perspective to formulate a contextual and applicable model of family well-being. The research employs a qualitative library research method by synthesizing Islamic sources (Qur’an, Hadith, and classical scholarship) with contemporary psychological theories of emotional well-being and spiritual intelligence. The findings reveal that Sakinah represents spiritual-emotional equilibrium, Mawaddah functions as an ethical and transcendental affective energy, and Rahmah embodies compassionate empathy that nurtures healing and forgiveness. Together, these values constitute the Islamic Family Well-Being Model, an integrative paradigm that situates spirituality as emotional regulation, love as affective force, and compassion as moral regulator. This model asserts that genuine harmony in Muslim families can only be achieved through psycho-spiritual balance grounded in divine values.

Jumantoro, Tegar Raffi Putra; Novemyanto, Alfin Dwi

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

Indonesia faces significant challenges in achieving sustainable development, particularly due to the negative environmental impacts of rapid economic growth, such as deforestation, air and water pollution, and the increase in greenhouse gas emissions. Green Bonds have great potential as a financial instrument to promote sustainable development in Indonesia. Indonesia is actively working to develop the market through key policies such as the Financial Services Authority Regulation (POJK) No. 51/POJK.03/2017, which regulates the issuance and offering of sustainable bonds, thus enhancing the suitability of green bonds to finance environmentally friendly projects. The research method used in this study is a normative legal approach with a focus on laws and regulations (UU) and a library research method. Through this approach, the study analyzes relevant regulations and existing literature to explore the potential and challenges Indonesia faces in implementing green bonds, particularly in the infrastructure investment sector. The implementation of green bond investments in Indonesia, especially in the infrastructure sector, is a strategic step in line with efforts to achieve sustainable development. To achieve this, Indonesia must also consider integrating green bonds into broader development policies. This includes developing strategies that combine economic, social, and environmental aspects in the planning and implementation of infrastructure projects.

Agus Afriyal; Alin Dwi Setyani; Imam Maulana Azis; Gestian Adi Irawan

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the pedagogical strategies in teaching Nailur Roja Syarah Safinatun Najah, particularly the chapter on marriage, at Pondok Pesantren Raudlatul Muhibbin Al-Mustainiyyah Surakarta. The teaching of classical Islamic texts (kitab kuning) in pesantren not only emphasizes textual understanding but also requires adaptive strategies to ensure that marriage laws are comprehended both theoretically and practically. This research employed a descriptive qualitative method, with data collected through interviews with students and teachers, as well as library research on classical Islamic texts, pesantren pedagogy, and Islamic marriage law. The findings show that pedagogical strategies combine traditional methods such as bandongan and sorogan with contextual approaches including interactive discussions, group deliberations, and case-based learning. The main challenges for students are difficulties in understanding classical Arabic and relating the material to the contemporary Indonesian legal context. To overcome these issues, teachers provide simplified explanations, use real-life analogies, and encourage active student participation. Therefore, the applied pedagogical strategies effectively enhance students’ comprehension of the marriage chapter both normatively and practically.

Ahmad Sauki Warouw

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

The rapid development of digital technology has increased the risk of privacy violations and cybercrimes targeting personal data. This study aims to analyze the role of criminal law in personal data protection and the prevention of cybercrimes in Indonesia, as well as to identify the challenges and strategies for strengthening law enforcement in the digital era. The research method used is a qualitative approach with a juridical-normative method through library research on regulations, particularly Law Number 27 of 2022 concerning Personal Data Protection (PDP Law), as well as related academic literature. The results of the study show that criminal law serves a dual function, acting as a repressive tool through the imposition of criminal sanctions on offenders, and as a preventive instrument in enhancing compliance with data security standards. Although the PDP Law provides a strong legal foundation, its implementation still faces challenges such as the suboptimal functioning of data protection institutions, limited capacity of law enforcement officers, and low public awareness of digital ethics. This study recommends institutional strengthening, enhancement of law enforcement human resource capacity, as well as public education and cross-sectoral synergy to create an effective and sustainable data protection system. Thus, criminal law plays a central role in safeguarding personal data and preventing cybercrimes in Indonesia.

Friska Nuriman Muchsin; Zuchri Abdussamad; Irawaty Igirisa

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

This study aims to analyze the implementation of four principles of Good Governance in an effort to improve the quality of public services at the Archives and Library Service of Gorontalo Province. The method used in this study is a descriptive research method with a qualitative approach, involving various stakeholders in the process. The results of the study indicate that the implementation of the principles of Good Governance in the Archives and Library Service of Gorontalo Province has been running well. Accountability is reflected through standard operating procedures (SOPs), effective supervision, information disclosure, and active public participation, while transparency is supported by the iArpus application and the SAKTI Card program, which allow for more accessible public access. The principle of the rule of law is consistently applied through regulations, personnel regulations, and the latest Governor's Regulation, ensuring that services become orderly and directed. Although follow-up to public input still needs to be accelerated, overall, the service demonstrates a strong commitment to professional, modern, and responsible public services.

Hanuring Ayu; Annisa Safinatun Nikmah; Ismiyanto Ismiyanto; Ariy khaerudin; Femmy Silaswaty

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

Development technology information , especially use WhatsApp application , has bring up phenomenon use stickers and memes as means expression in digital communication . However , misuse face somebody without permission in meme form or sticker cause problem serious law . Research This aim study provision related laws in Indonesia editing and distribution face individual without consent , use method study normative based studies library . Study results show that action the violate Copyright Act , Act Information and Electronic Transactions (ITE Law), as well as Constitution Personal Data Protection . Violations This can charged sanctions criminal Because concerning moral rights , rights economy and privacy individual . In addition to the aspects law , abuse this is also influenced by factors economy , environment social , and digital culture of society . Therefore that , is necessary education and enforcement more laws firm in order to create ethical and responsible digital space answer .

Herlan Lagantondo; Abdi Sakti Walenta

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

This study examines the effectiveness of Open Data policies in enhancing public participation and government accountability in Poso Regency. Utilizing a library research approach, it analyzes secondary data to assess how open access to public data fosters transparency and civic engagement. The findings reveal that Open Data, through initiatives like the Village Information Sistem (SID), improves administrative efficiency and financial oversight, yet faces challenges such as limited digital literacy, unstable internet connectivity, and public apathy. These factors hinder optimal participation and accountability. The study highlights the need for digital literacy programs, improved infrastructure, and inclusive leadership to maximize the policy’s impact. Open Data serves as a catalyst for sustainable local governance and development in Poso.

Anggun Rahma Dewi; Ahmad Irzal Fardiansyah; Fristia Bardian Tamza

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

The application of restorative justice by the police in cases of assault is based on Indonesian National Police Regulation Number 8 of 2021 concerning Handling Criminal Acts Based on Restorative Justice. This regulation provides a basis for investigators in resolving criminal cases by exploring the values ​​of justice that exist in society. This study aims to analyze the application of restorative justice by the police in cases of assault and the inhibiting factors. The research method uses a normative juridical and empirical juridical approach, with secondary data through library research and primary data through field studies. The results indicate that the resolution of cases of assault complies with the provisions of the regulation, as both formal and material requirements are met, and a peace agreement exists between the perpetrator and victim. This process adopts local wisdom values ​​by involving the perpetrator, victim, their respective families, and community leaders. However, obstacles to its implementation exist, including third-party intervention from the victim's family, the perpetrator's limited financial capacity, external interests, lack of community understanding, and communication barriers between the perpetrator and victim. Therefore, specific regulations regarding restorative justice are needed, incorporated into criminal procedural law provisions, for example through the Criminal Procedure Code (RKUHAP), to provide a strong legal basis and ensure legal certainty.