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Tia Devianty; Abdul Mutolib; Nunung Hastika; Pandji Santosa

This study examines the implementation of policies for the recognition and protection of the indigenous law community in Kampung Kuta, Ciamis Regency. A qualitative approach was employed, gathering data through in-depth interviews, observations, and document analysis. Thematic analysis identified key issues, and triangulation ensured validity by cross-referencing multiple data sources. A central finding is the ongoing conflict between customary laws in Kampung Kuta, which support communal land ownership, and national land regulations that emphasize individual land registration, leading to legal ambiguity and disputes. The study reveals substantial challenges, including inadequate socialization by the government, which has resulted in limited awareness within the indigenous community regarding their rights. Furthermore, limited financial and human resources impede effective implementation, while bureaucratic inefficiencies and poor coordination among implementing agencies have delayed policy outcomes. To address these issues, it is essential to improve resource allocation, conduct regular community workshops to enhance understanding of indigenous rights, and establish a legal framework that harmonizes customary and national laws. Strengthening local authorities and aligning policy objectives with the cultural context of Kampung Kuta are also critical steps. These measures are necessary to safeguard indigenous rights and preserve Kampung Kuta’s cultural heritage, fostering a sustainable model for indigenous rights protection in Indonesia.  

Dewi Andhani; Winston Karunna; Emi Rachmawati; Amri Yusri; Pandji Santosa

The objective this study is to analyze the implementation of Bandung Barat Regency Regional Regulation No. 5 of 2018 about the Placement and Protection of Indonesian Migrant Workers (PMI) originating from Bandung Barat Regency referring to the Hill and Hupe's theory of Policy Implementation. This matters all the more since the migrant worker-related cases that garner the highest volume if not interest–like illegal, clandestine worker departures, back wages, and exploitation–reflect the lack of protection systems, the unmet obligation towards the respect of individual rights and human dignity. This qualitative case study reveals key factors influencing policy implementation — low levels of socialization and knowledge about the regulation among migrant workers, absence of inter-agency coordination and poor resources for monitoring and enforcement In addition, it builds upon the variables presented by Hill and Hupe in order to present a more integrated analysis of the implementation process of the policy. These results highlight failures in the system, including the lack of inter- agency cross country collaboration and low resource allocation toward the functions that protect PMI. In light of this, the study makes a range of recommendations including for better policy socialization, improved inter-agency coordination and enforcement, and strengthening resourcing and legal compliance capabilities. Practical implications This study advances the theory of public administration and provides practical insights for policymakers, particularly for strengthening the protection of Indonesian migrant workers in an effective manner.

Fathol Bari

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

One of the development efforts within the national development framework, the government/government agencies/institutions at every level carry out development authority for the Public Interest. Based on the concept of the State's Right to Control, the Government, on behalf of the Land State, has the absolute right to regulate, determine and determine land rights for the sake of realizing the welfare of the people. On the other hand, the government has an interest in acquiring land for the public interest. In this research, a juridical study was carried out on what is the state's right to control land in land acquisition for public purposes? And what is the government's authority to acquire land for public purposes? The aim of this research is to determine the state's right to control land for the public interest and to find out what the government's authority is in acquiring land for the public interest. The method used in this research is the Normative Juridical method, namely comprehensively reviewing the legal aspects of statutory provisions related to the settlement of compensation for land acquisition for the public interest. In this research, it was found that the State is only limited to regulating, determining and determining the allocation of land rights, and in procuring land for the public interest, the government or agencies using land as development objects are obliged to provide compensation in accordance with the value determined by the assessment team.

Dahlia Kusuma Dewi; Dio Prasetyo Budi; hafiza binti abdul samath

International Journal of Law and Civil Affairs 2024 International Forum of Researchers and Lecturers

Climate-induced migration is becoming an increasingly significant global issue, driven by environmental changes such as rising sea levels, extreme weather events, and resource scarcity. Despite its growing importance, current legal frameworks inadequately address the protection of climate migrants, leaving them vulnerable and without clear legal rights. This research aims to propose an integrated social-environmental justice framework to address the legal accountability for climate-induced migration, focusing on the recognition of migrant rights, state responsibilities, and environmental protection. The study uses a comparative legal analysis to examine legal systems across various countries and incorporates field data from climate-vulnerable coastal communities through interviews, surveys, and legal case reviews. The research finds that the proposed framework enhances migrant recognition and clarifies state responsibilities in 70% of reviewed legal cases, offering a more comprehensive solution compared to traditional environmental and human rights approaches. The framework's integration of legal, social, and environmental elements provides a holistic response to climate migration, emphasizing equity and sustainability. However, challenges such as political resistance, fragmented governance, and limited funding hinder full implementation. The study concludes by recommending that governments and international bodies adopt this framework and strengthen their commitment to legal protections and climate adaptation strategies for displaced populations. Further research should focus on refining legal frameworks, addressing implementation barriers, and expanding the scope of social-environmental justice to better support climate migrants.

Rachmatul Istiqomah; Imam Suroso

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

Fiduciary collateral as a type of collateral gives the rights of executorial to creditors to do parate execution on the object of fiduciary collateral when a debtor defaults. In practice, however, collateral misuses this right illegally. This becomes the basics for Judicial Review agains Article 15, paraghraphs 2 and 3 of Law No. 42/1999, and the Constitutional Court issued the Ruling No. 18/PUU-XVII/2019. Therefore in this thesis the formulation of the problem raised is first, when a debtor is considered to have committed an act of default, and secondly, it delves into the creditor's execution procedure and the ratio decidendi related to Constitutional Court Decision No. 18/PUU-XVII/2019. The research use descriptive juridicial normative method. The data were gathered by conducting library research. The result of the analysis shows that Ruling does not impede the right of executing by creditors so that it is in accordance with the executorial right in fiduciary collateral. So, there are two possible ways for a debtor to be declared in default: firstly, the agreement of default is stipulated during the main agreement and the initial fiduciary collateral agreement. Secondly, the default is determined by the district court in order to execute the fiduciary collateral object.

Lalu Guna Nugraha; Supanto Supanto; Erna Dyah Kusumawati

Proceeding of the International Conference on Law and Human Rights 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the implementation of legal protection for citizenship rights of former transnational terrorist Indonesian citizens within Indonesia's legal system. Using normative juridical method with statutory and conceptual approaches, this study examines secondary data from primary, secondary, and tertiary legal materials. The results show that Indonesia's legal system has an adequate legal framework to protect the citizenship rights of former transnational terrorists, although its implementation faces various challenges. The deradicalization program and status verification mechanism implemented by the government have not been fully effective due to inter-institutional coordination constraints and community resistance. Additionally, the study identifies that citizenship status cannot be automatically revoked without proper legal process according to Law No. 12 of 2006 on Citizenship, as terrorist groups cannot be categorized as "foreign military" as specified in the law. This research contributes significantly to the development of returnee handling policies by balancing aspects of national security and human rights protection.

Miguel Torres; Sofia Beatriz Mendoza

Proceeding of the International Conference on Law and Human Rights 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rise of mass surveillance technologies has raised significant concerns regarding digital privacy and human rights. This paper explores the legal implications of government surveillance programs and their impact on fundamental rights, such as freedom of expression and the right to privacy. Through a comparative analysis of data protection laws in different jurisdictions, this study assesses the balance between national security and individual rights in the digital age.

Arjun Verma; Vikram Singh Rathore

Proceeding of the International Conference on Law and Human Rights 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

International law plays a crucial role in addressing human rights violations during armed conflicts. This study examines the effectiveness of international legal frameworks, including the Geneva Conventions and the Rome Statute, in protecting civilians and prosecuting war crimes. By analyzing recent case studies from conflict zones, this research highlights the challenges of enforcing international law and suggests strategies for improving compliance among state and non-state actors.

Muslih Muslih; Akbarizan Akbarizan; Akmal Abdul Munir; Akel Fernando; Andi Marwan

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Divorce is a global phenomenon with significant implications for children's rights. This study aims to conduct a comparative analysis of the fulfillment of children's rights after divorce in five countries with different legal systems: Qatar, Egypt, Indonesia, Malaysia, and Jordan. The research employs a normative juridical method with a comparative legal research approach through literature review and legal document analysis. The findings reveal that each country has a unique mechanism for ensuring children's rights after divorce. Diverse legal systems—ranging from common law, civil law, to Islamic law—lead to variations in approaches to ensuring custody, care, and protection for children. The study identifies four critical dimensions in fulfilling children's rights: the right to survival and development, the right to protection, the right to education, and the right to participation. The comparative analysis highlights that cultural factors, legal systems, and political commitment play a fundamental role in determining the effectiveness of child rights protection after divorce. Key recommendations of this study include the need for regulatory harmonization, strengthening enforcement mechanisms, and developing sustainable monitoring systems. This research provides theoretical and practical contributions to understanding the complexity of fulfilling children's rights across global legal systems.

Widia Wiliani Sipayung

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

This study describes the efforts made on the maritime boundary issues that occurred between Peru and Chile. Each began in 1947, where the State claimed jurisdiction and exclusive rights to waters 200 miles from each other's coast. The official dispute that occurred between the two began in 2007 when Peru certified the description of the sea that overlapped between the two parties. This type of research is qualitative. The research method used is descriptive analysis technique. Most of the data was collected through library studies and website searches. The data obtained were then analyzed using a theoretical approach related to International Relations, namely international organizations. The results of the study show that from both countries there were no results that described peace over the dispute that occurred because both countries had different interpretations of the borders they had. The last effort was taken firmly by Peru where the dispute would be submitted to the International Court of Justice in order to obtain peace and a decision on the sea areas of Peru and Chile in accordance with International Law through the International Court of Justice (ICJ).

Sandy Ari Wijaya; Widya Hartati; Ratna Yuniarti; Salmi Yuniar Bahri; Nova Hari Santhi

Jurnal Pengabdian dan Perubahan Sosial 2024 Lembaga Pengembangan Kinerja Dosen

The Community Service Activity (PKM) by ITSKes Muhammadiyah Selong aims to improve the ability and readiness of TPS Supervisors in carrying out supervision and understanding the rights and obligations in supervising TPS in the 2024 Simultaneous Elections (Pilkada) in Montong Gading District, East Lombok Regency. The Capacity Building Activity in the Technical Supervision Work Meeting was carried out for 1 day with a pull day system. In the first session from morning to afternoon, the capacity and abilities of TPS Supervisors were strengthened regarding the tasks and strategies for supervision before voting at TPS. After that, in the afternoon session, a technical understanding was provided regarding the procedures for supervision at TPS during the voting process until the vote counting for the 2024 Simultaneous Election based on KPU Regulation Number 7 of 2024. The last session was a discussion about the material or things that might arise when carrying out supervision at TPS. Capacity building activities in the technical work meeting for Supervision for the 2024 simultaneous elections took place at Lesehan Kebon Dowe, Lendang Belo Village, Montong Gading District on Saturday, November 23, attended by 71 participants from TPS Supervisors throughout Montong Gading District. The agenda for the capacity building activities for TPS Supervisors took place smoothly and conducively and all participants were able to understand the material presented, starting from the regulations or technical instructions for voting and vote counting as well as the supervision patterns that must be carried out by TPS Supervisors based on the provisions of laws and regulations applicable to the 2024 Simultaneous Elections.

Almira Siva Devina Wijarnako; Ellisa Noviana Dera; Wahyu Marginingtyas A.P; Endang Kartini Panggiarti

Jurnal Akuntan Publik 2024 International Forum of Researchers and Lecturers

In the era of globalization, companies face intense competition alongside the implementation of PSAK 22 (revised 2010) in Indonesia, particularly in the merger between PT Bentoel Internasional Investama, Tbk. and PT BAT Indonesia, Tbk. in 2010. Utilizing the purchase method according to PSAK 22, this research applies a qualitative approach with content analysis to compare the practices of business combination accounting before and after the adoption of IFRS. The research focuses on how well PT Bentoel Internasional Investama Tbk. adheres to accounting standards, especially PSAK 22 after IFRS adoption. The adoption of PSAK 22 and IFRS enhances transparency, limits potential earnings management, and improves the quality of financial reporting. Although there is an improvement in disclosing minority rights and non-controlling ownership, these aspects still require further attention. With its positive impact, this research demonstrates that the implementation of PSAK 22 and IFRS in PT Bentoel Internasional Investama, Tbk. can enhance the company's effectiveness in facing competition. Highlighting the positive impact of implementing PSAK 22 and IFRS in PT Bentoel Internasional Investama, Tbk., the research reinforces transparency, integrity, and the quality of financial reporting related to business combinations. The company is expected to be more effective in dealing with competition by reducing opportunities for earnings management practices. Recommendations for further research include expanding the sample size and conducting comparative studies for a more comprehensive understanding.    

Dandy Saputro; Rosita Candrakirana

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

The practice of dentists in Indonesia is an important concern in the health care system, especially regarding consumer protection. Dentists often provide services that exceed the limits of their authority, potentially endangering public health. This article aims to analyze the urgency of legal protection for consumers of health services in dental practices based on a normative perspective and the implementation of applicable regulations. This research uses normative juridical methods with statutory, conceptual and case approaches. The research results show that even though there are regulations such as Law no. 8 of 1999 concerning Consumer Protection and Minister of Health Regulation no. 39 of 2014, implementation is still less effective. This is caused by weak supervision, minimal public knowledge regarding consumer rights, and non-compliance by some dentists with regulations. Therefore, it is necessary to strengthen regulations, increase supervision by the government, and educate the public to realize optimal legal protection for consumers of health services.

Marthen Lona

International Journal of Economics, Management and Accounting 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This study aims to analyze the implementation of the fulfillment of socio-economic rights of the community in Rote Ndao Regency, as one of the underdeveloped regions in Indonesia, and to identify the obstacles faced by the local government in its efforts to fulfill them. Socio-economic rights, such as access to education, health, employment, and public services, are part of the human rights guaranteed by the constitution. However, their implementation often encounters various obstacles in areas with less developed socio-economic conditions. This study uses a qualitative method with a descriptive analytical approach. Data were collected through in-depth interviews, document studies, and field observations. The results of the study indicate that the implementation of socio-economic rights in Rote Ndao Regency is still not optimal. This can be seen from the low level of community access to educational facilities, health services, and basic infrastructure. On the other hand, the local government faces a number of significant obstacles, such as budget constraints, lack of adequate infrastructure, low quality of human resources, geographical barriers, and weak coordination between agencies. As a solution, this study recommends increasing budget allocations for priority sectors, developing basic infrastructure, improving the quality of human resources through education and training, and strengthening cross-sectoral coordination. In addition, active community involvement in the planning and implementation of development programs is also very important to improve the effectiveness of policies. The results of this study are expected to contribute to local governments and other stakeholders in formulating more effective strategies to accelerate the fulfillment of people's socio-economic rights, while improving the quality of life in Rote Ndao Regency.

Rahayu Kojongian

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

This article critically examines the implementation of Law No. 35 of 2014 on Child Protection in Indonesia, focusing specifically on the challenges and strategies for protecting the rights of street children, with a particular emphasis on the context of Kendari City. Using a normative legal and socio-legal research approach, combined with a criminological perspective on vulnerability and exploitation, this study analyzes the effectiveness of the existing legal framework, educational interventions, and social support mechanisms. Key findings reveal that despite a strong legal foundation, significant gaps remain in the practical fulfillment of street children's rights due to socio-economic determinants, inadequate resource allocation, and coordination complexities. The article highlights the crucial role of non-formal education and victim-centered approaches in addressing child criminal exploitation. Comparative insights from international standards, such as the UNCRC and restorative justice principles, underscore the challenges of universal implementation while offering pathways for improved protection. Recommendations include strengthening inter-agency collaboration, expanding tailored education programs, and fostering greater community engagement to ensure a more just and protective environment for all children.  

Vivilia Agnata Mudi

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Mortgage rights are one of the most common legal forms of collateral used in financing transactions in Indonesia. Parate execution is one of the important innovations in the mortgage rights system. This mechanism allows creditors to sell collateral objects directly without going through court proceedings. This research aims to analyze the legal regulations regarding the execution parate for collateral rights objects in positive law in Indonesia, the effectiveness of the implementation of the execution parate for collateral rights objects in legal practice in Indonesia. The research method uses normative research methods and secondary data. The legal arrangements for execution parate in positive law in Indonesia have been well designed to meet practical needs in debt settlement. The execution parate is one of the important mechanisms in the guarantee legal system in Indonesia, especially in the context of mortgage rights.  However, its implementation still faces challenges, especially in terms of protecting debtor rights and potential abuse by creditors.

I Putu Gede Arimbawa; I Nyoman Suarna; Wihelmus Jemarut; I Gusti Ayu Aditi; I Gusti Agung Andriani +1 more

International Journal of Law and Civil Affairs 2024 International Forum of Researchers and Lecturers

Children who have committed legal violations are inmates at the Class II Special Child Development Institution in Lombok Tengah. During the child rehabilitation process at LPKA Lombok Tengah, some children continue to violate the rules, making the conditions unfavorable. The purpose of this research is to ensure the legal basis for the imposition of sanctions and the enforcement of disciplinary sanctions, as well as the obstacles faced by LPKA Lombok Tengah. The method used in this writing is normative-empirical with a case, legislative, and sociological approach. The results of this study are as follows: First, the legal basis for imposing disciplinary punishment is outlined in the Decree of the Minister of Law and Human Rights Number M.HH-03.OT.02.02 of 2014 concerning guidelines for the treatment of children in LPKA. Second, the light disciplinary sanctions include verbal reprimands, moderate sanctions such as apologies and agreements between the staff and the inmates, and heavy disciplinary sanctions such as cleaning the bathroom and restricting visitation activities. The obstacles encountered include the factor of the inmates being difficult to discipline, the condition of the inmates being unwell when sanctions are to be imposed, and the factor of facilities and infrastructure.

Wahyu Safitri

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The existence of law within a state is one of the fundamental aspects and not merely a formality of the state. Law has a very significant function and influence, both in creating justice, order, protection of human rights, and welfare. Indonesia is one of the countries that has legal pluralism, namely customary law, Islamic law, and national law. These three legal systems are important components in every agenda for the formulation and creation of laws in Indonesia. The tendency of legal characteristics includes regulating societal behavior, being coercive and binding, containing prohibitions and commands. Its purpose is to regulate behavior and relationships among humans. Thus, justice, harmony, and social order are created.

Darwin Sibarani

Biotechnology has brought extraordinary advances in health, agriculture, and scientific research, but it has also raised complex ethical challenges, especially in human cloning technology. In the context of biotechnology, cloning refers to the creation of a genetic copy of an organism, and although animal cloning has been successfully carried out for research purposes and increasing agricultural yields, human cloning remains a controversial issue. Ethically, human cloning raises a number of questions regarding human rights, identity, and the potential misuse of this technology for unethical purposes, such as genetic programming or the creation of "design babies." This article examines various ethical views regarding the limits of the use of biotechnology, with a focus on human cloning. The research uses qualitative methods through literature study. Despite the efforts of scientists to continue developing human cloning, as Christians we must take a stand on this matter. The Bible teaches that God as the first initiator created humans in the image and likeness of God, in this case creating humans, God's sole right and obligation.

Dwi Mika Elencia Sirait; Ojak Nainggolan

Perspektif Administrasi Publik dan hukum 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Implementation of Law no. 35 of 2009 concerning Narcotics in Medan City is an important issue in the context of legal protection for children involved as narcotics dealers. This research aims to analyze how the narcotics law is applied in cases involving children, as well as things that are considered in the law enforcement process and how criminal proceedings are carried out in the juvenile criminal justice system. This research provides an in-depth understanding of the application of special regulations, namely Law no. 35 of 2009 concerning Narcotics, while still considering Law no. 11 of 2012 which regulates the Juvenile Criminal Justice System. This approach aims to ensure legal protection for children involved in narcotics crimes, so that the law can be applied fairly and protect children's rights. This research utilizes empirical juridical legal methods, where the main data is obtained through direct interviews with judges serving at the Special Class IA Medan District Court, thus enabling researchers to obtain relevant and in-depth perspectives regarding the application of this law in real practice in the judicial environment.