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p-Index From 2021 - 2026
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All Journal Indonesian Journal of Law and Society Law & Pass : International Journal of Law, Public Administration and Social Studies
Nanik Prasetyoningsih
Universitas Muhammadiyah Yogyakarta, Indonesia
Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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State Obligation in Fulfilling the Right to Health through the Mandatory COVID-19 Vaccination Nanik Prasetyoningsih; Zaid Zaid; Wempy Setyabudi Hernowo; Faishal Hilmy
Indonesian Journal of Law and Society Vol 3 No 2 (2022): Technology and Humanity: The Future of Global Village
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v3i2.33651

Abstract

The spread of the COVID-19 virus has become a major international health crisis. Most governments worldwide have had to impose severe restrictions on their citizens' freedoms due to the outbreak to contain the disease. After the vaccine for COVID-19 became available, many countries, including Indonesia, implemented mandatory COVID-19 vaccination. This policy is very controversial to be debated, especially regarding human rights violations (the right to freedom of choice). Therefore, this normative juridical study investigates the state's responsibility in fulfilling citizens' health rights through mandatory COVID-19 vaccination in the human rights aspect. According to the study's findings, for the sake of achieving public health safety and security as well as the fulfillment of public health rights, on that basis, the state is allowed to enforce mandatory COVID-19 vaccination. Nevertheless, the state should continue to apply it humanely that does not violate human rights by ensuring freedom from torture, cruelty, inhumanity, or any other medically degrading dignity, including freedom from medical experiments and research and forced sterilization not having informed consent. On the other hand, the state is also responsible for providing health goods and facilities without discrimination against race. Non-discrimination is essential to realize the high degree of health to be achieved. There must be accessibility, acceptability, and high quality in all products, services, and infrastructure. Lastly, the state may regulate immunizations to be administered selectively to provide maximum benefit to those most at risk.
Reformulation of the Regulation on Money Politics in the Regional Head Election Law in the Context of Criminal Law Reform in Regional Head Elections Sri Rahayu Werdiningih; Nanik Prasetyoningsih
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 3 No. 2 (2026): June
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v3i2.63

Abstract

Direct regional head elections (Pilkada) in Indonesia, implemented since 2005, have not fully guaranteed the realization of democracy due to the widespread practice of money politics. Money politics, involving the exchange of money or material goods for votes, undermines the integrity of elections and distorts democratic processes. This study aims to examine the regulation of prohibitions and sanctions related to money politics within the Election Law and to formulate a concept for criminal law reform regarding money politics in Pilkada. Using a normative juridical method with a qualitative approach, the research analyzes existing legal provisions, identifies gaps and ambiguities, particularly concerning Article 73 of the Election Law, and explores the scope of subjects covered by the regulation. The findings indicate that although legal reforms have been made several times, ambiguities and loopholes remain, especially the unclear explanation of Article 73 and limited subject coverage. Therefore, this study proposes reformulating the legal norms to clarify prohibitions, broaden the scope of subjects beyond just candidates and campaign teams, and introduce protections for whistleblowers. The results of this research are expected to serve as a reference for policymakers and stakeholders in improving the legal framework for elections to ensure democratic integrity and legal certainty.
Eradicating the Spread of LGBT Through Maqashid Ash-Shari'ah Based Family Law: A Transcendental Prophetic Review Indra Firmansyah; Nanik Prasetyoningsih; Achmad Miftah Farid
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 3 (2025): August
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v2i3.20

Abstract

Islam regulates human behavior, including biological relationships and offspring preservation. LGBT individuals face discrimination in society, with 3% of Indonesians being LGBT. LGBT activists often seek human rights that contradict Islamic law, accusing Islam of obstructing freedom of opinion. Islam disagrees with curbing natural sexual instincts, viewing them as gifts from Allah.This study aims to analyze the phenomenon of Lesbian, Gay, Bisexual, and Transgender (LGBT) as a moral deviation in Maqashid Ash-Shari’ah society under the perspective of, or seeking the purpose and wisdom of Islamic Rules related to this deviant phenomenon. Generally, this study explores the meaning of Islam in responding to deviations in humanity, including the LGBT which was classified as deeds cursed by Allah SWT.
Co-Authors Achmad Miftah Farid Faishal Hilmy Indra Firmansyah Sri Rahayu Werdiningih Wempy Setyabudi Hernowo Zaid Zaid