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ADLIYA: Jurnal Hukum dan Kemanusiaan
Published by Universitas Islam Negeri Sunan Gunung Djati Bandung
ISSN : 19788312     EISSN : 26572125     DOI : -
Core Subject : Religion, Humanities,
Religion Humanities
Adliya : Jurnal Hukum dan Kemanusiaan merupakan terbitan berkala ilmiah ini berisi artikel bidang ilmu Hukum yang diterbitkan secara berkala 2 kali dalam satu tahun yaitu pada bulan Juni dan Desember.
Arjuna Subject : -
Articles 214 Documents
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Reassessing The Limits of Humanity in Executing Humanitarian Intervention within the RtoP Framework Sasmini
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol. 19 No. 2 (2025): ADLIYA: Jurnal Hukum dan Kemanusiaan
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v19i2.40483

Abstract

Humanitarian Intervention (HI) is the third pillar of the Responsibility to Protect (RtoP) framework, which frequently invokes the concept of humanity as the fundamental source of legitimacy. However, the absence of clear criteria defining the limit of humanity has led to a double standard in the implementation. Therefore, this study aims to examine two main legal issues, namely the broader legal implications of the principle of humanity in the international legal system and the standard threshold to legitimize the intervention within the RtoP framework. A doctrinal legal method was used with regulatory, conceptual, and case approaches. In addition, interpretative methods were used for legal argumentation. The results showed that the concept of humanity has historically played a crucial role in shaping international law. The evolution of international humanitarian law (IHL) and international human rights law, particularly within the context of international criminal law, is closely related to the concept of humanity. According to this concept, intervention may be justified to prevent and stop humanitarian crises within a specific state to protect the victims. However, only actions that exceed the limits of humanity, including extraordinary acts of cruelty and crimes under universal jurisdiction, can serve as the basis for HI legitimacy. Moreover, the threshold for invoking HI must also include a determination that the state is unwilling or unable to prevent or stop the ongoing atrocities.
Local Government Policy on The Impact of Climate Change in Coastal Regions Based on The Concept of Green Autonomy (Environmental Autonomy) Kholik, Saeful; Nurlinda, Ida; Muttaqin, Zainal; Priyanta, Maret; Jibril, Abubakar Muhammad
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol. 19 No. 2 (2025): ADLIYA: Jurnal Hukum dan Kemanusiaan
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v19i2.40655

Abstract

The current centralized regime is preventing the implementation of climate change policy in line with the needs of affected regions. Consequently, many regions with distinctive coastal and small-island characteristics have been adversely affected by centralized policy largely due to a lack of regional government authority to establish climate change mitigation policy tailored to local needs. In this context, mitigation efforts based on green autonomy, namely the authority of regional government to establish climate change mitigation policy, are essential. Therefore, this research aims to identify the form of regional government policy addressing the impacts of climate change in coastal and small island regions, based on environmentally friendly autonomy. A doctrinal legal method was used with a descriptive-analytical approach, specifically a juridical-normative analysis that provides a descriptive analysis of regional government authority in climate change prevention. The results showed that the concept of climate change based on green autonomy emphasizes regional authority, independence, and independence in environmental management, particularly climate change efforts. This approach is operationalized by establishing cross-sectoral policy across structured and non-structured stages, starting with preparing coastal spatial plans consistent with regional interests without excluding national objectives. In conclusion, the concept of green autonomy offers a value contribution for government consideration in establishing climate change mitigation policy, and represents a new legal development for regional government in implementing concurrent authority matters.
Reformulating Organ Transplantation Policies Through Comparative Perspectives on Human Trafficking Laws in Indonesia and The Philippines Iqbal, Muhamad; Indriani, Iin; Susanto; Nunna, Bhanu Prakash
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol. 19 No. 2 (2025): ADLIYA: Jurnal Hukum dan Kemanusiaan
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v19i2.44603

Abstract

With the help of new technologies, the healthcare industry has made significant progress in addressing various diseases, including organ transplantation as a medical innovation to overcome organ failure. However, Indonesia continues to face an imbalance between organ demand and available donors, resulting in illicit practices and potential human organ trafficking. Using a normative juridical and comparative approach, this study analyses the legal frameworks in Indonesia and the Philippines regarding the prevention and punishment of organ trafficking. The findings show that Indonesia’s legal system lacks a coherent structure to regulate organ transplantation, leaving loopholes that allow exploitation under kinship-based donations, while the Philippines enforces a more detailed regulatory and institutional mechanism. Consequently, this study concludes that a reformulation of Indonesia’s criminal policy on organ transplantation is essential to integrate human trafficking perspectives, strengthen enforcement mechanisms, and align national regulations with international bioethical and legal standards.
Regulating Online Dispute Resolution in The Digital Era: A Comparative Socio-Legal Analysis Batdulam, Munkh-Erdene; Septianita, Hesti
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol. 19 No. 2 (2025): ADLIYA: Jurnal Hukum dan Kemanusiaan
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v19i2.45323

Abstract

This paper examines the growing relevance of Online Dispute Resolution (ODR) as a mechanism for resolving conflicts in the digital era. It explores how ODR challenges traditional legal concepts, partic-ularly the definition of “written form,” and how it contributes to fair, efficient, and accessible dispute settlement at both domestic and international levels. The study employs a socio-legal approach, com-bining doctrinal analysis of international and national regulations with comparative research across jurisdictions. Empirical insights from surveys and interviews with practitioners and users of ODR platforms supplement the analysis, highlighting the practical effectiveness and limitations of ODR in real-world contexts. ODR has emerged as a critical tool in e-commerce and digital transactions, with global online buyers projected to exceed 2 billion. The COVID-19 pandemic further accelerated its adoption, making digital mediation and arbitration a necessity rather than an option. Despite its advantages in accessibility and efficiency, gaps remain in legal harmonization, recognition of electronic communications as valid “written forms,” and trust in digital platforms.
Legal Framework Governing Foreign Property Ownership in Indonesia’s Special Economic Zones Elsi Kartika Sari; Ninuk Wijiningsih; Ahmad Sabirin
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol. 20 No. 1 (2026): ADLIYA: Jurnal Hukum dan Kemanusiaan
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v20i1.46366

Abstract

This study aims to examine the tension between the principle of nationality in the Basic Agrarian Law (UUPA) which limits the ownership of land rights to Indonesian citizens and the new policy providing access to property ownership for foreign nationals in Special Economic Zones (SEZs) through the Job Creation Law, Government Regulation Number 18 of 2021, and Decree of the Minister of ATR/BPN Number 1241 of 2022. Even though various studies have discussed the regulation of property ownership by foreign nationals, few studies analyse the constitutional implications and normative consequences of extending rights on the basis of nationality as the foundation of Indonesian agrarian law. Normative legal methods are used through legislative and conceptual approaches, with qualitative analysis of primary and secondary materials. The novelty of this study lies in the use of Progressive Law theory, combined with the perspectives of legal certainty and constitutional identity, to interpret the relationship between the UUPA and the post-Job Creation Law regulations. Furthermore, expanding access to property ownership for foreign nationals does not necessarily alter the principle of nationality; rather, it represents a limited reinterpretation to support investment and economic development goals. The results show that the current regulations allow foreign nationals to own landed houses and flats in SEZs, subject to certain requirements, such as minimum price limits, land area, ownership limits, and legal immigration status. However, various limitations remain in place, including restrictions on the type of land rights, location of ownership, and surveillance mechanisms to prevent speculation and safeguard state sovereignty. In this context, regulatory harmonisation is needed to ensure legal certainty while maintaining Indonesia's constitutional identity in agrarian governance amid the demands of global investment liberalisation.
Formulating Social Media Blacklisting as An Additional Criminal Sanction for Online Child Sexual Crimes in Indonesia: A Normative and Comparative Analysis Muhamad Adystia Sunggara; Zico Junius Fernando; Fardana Kusumah
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol. 20 No. 1 (2026): ADLIYA: Jurnal Hukum dan Kemanusiaan
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v20i1.48636

Abstract

The expansion of social media is transforming the modus operandi of child sexual crimes by enabling offenders to groom, manipulate, exploit, and blackmail children through digital platforms. Indonesia’s current criminal justice system remained largely dependent on imprisonment and fines, while the offender’s post-conviction access to the same digital environment used to commit the crime was insufficiently regulated. Therefore, this study aimed to examine the possibility of formulating social media blacklisting as an additional criminal sanction for online child sexual crimes in Indonesia. A normative legal study was conducted with statutory, conceptual, and comparative methods to analyse Indonesian criminal law, child protection norms, digital rights, and comparative practices in the United Kingdom, the United States, South Korea, Germany, and Scandinavian jurisdictions. The results showed that social media blacklisting was normatively justified only when it was expressly regulated by statute, imposed by judicial decision, based on individual risk assessment, limited in duration and scope, and subject to proportionality review. This study contributed to penal reform scholarship by proposing a rights-based and risk-based model of digital additional punishment that protected children, prevented digital recidivism, and avoided unconstitutional blanket restrictions on access to information and expression.
Paradigm Shift in Indonesian Waqf Law: The Transformation of Traditional Waqf Toward Benefit-Based Monetary Waqf from A Utilitarian Perspective Agung Rachmat Hidayat; Nia Kurniati; Yusuf Saepul Zamil; Melania Fidela Ghaida
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol. 20 No. 1 (2026): ADLIYA: Jurnal Hukum dan Kemanusiaan
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v20i1.52044

Abstract

The development of waqf law in Indonesia reflects a paradigm shift from traditional waqf centred on immovable property to productive, cash-based models oriented toward realising social and economic benefits. Therefore, this study aimed to analyse the transformation of the cash waqf law through Law No. 41 of 2004 on Waqf from the perspective of the utilitarianism of Jeremy Bentham and John Stuart Mill. A normative legal methodology was employed, drawing on legislative, conceptual, and philosophical approaches. The results showed that Law No. 41 of 2004 on Waqf shifted the legal orientation of waqf from asset preservation toward optimising benefits through the expansion of objects, productive management, and the development of monetary waqf as an instrument for the economic empowerment of the Muslim community. From Bentham’s perspective, the transformation was reflected in the increased number of beneficiaries, the speed at which benefits were delivered, and the certainty generated by productive waqf. Meanwhile, Mill’s perspective was evident in the concept's orientation toward improving public welfare through education, health, and economic empowerment in Indonesia. The application of utilitarianism to waqf law was constrained by several limitations, including the potential to marginalise minority rights, the inability to adequately safeguard the intentions of both the donor and the beneficiaries, and the failure to account for the spiritual dimension, which was not reduced to a utility-based calculus. The development of the law balanced the principle of social utility with Sharia values, which serve as the philosophical foundation of waqf.
Reconciling Accountability and Child Protection: A Doctrinal Analysis of Warning Sanctions in Indonesian Juvenile Justice System Abdul Malik Mufty; Ayub Jose Luhut Parulian Simanjuntak; Nurul Chaerani Nur; Dwight Nusawakan
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol. 20 No. 1 (2026): ADLIYA: Jurnal Hukum dan Kemanusiaan
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v20i1.52594

Abstract

Children in conflict with the law require legal responses that balance criminal accountability with the protection of their developmental rights. In the Indonesian juvenile justice system, warning sanctions (pidana peringatan) constitute the least intrusive criminal sanction under Law No. 11 of 2012 on the Juvenile Criminal Justice System. Existing investigations on this subject matter have primarily focused on diversion, restorative justice, and institutional reforms, while limited attention has been given to warning sanctions as an independent legal mechanism in juvenile sentencing. Therefore, this study aims to address the stated gap by examining the legal significance and protective function of warning sanctions in child-centred criminal justice. To achieve the stated objective, a normative legal method was adopted using statutory, conceptual, and comparative approaches. The analysis showed that warning sanctions serve not only as the mildest form of punishment but also as a proportionate legal response, enabling courts to affirm responsibility while avoiding unnecessary penal intervention. When applied through reasoned judicial assessment, warning sanctions support behavioural correction, reduce stigmatisation, and safeguard children's developmental interests. This study contributes to the existing body of publications by positioning warning sanctions as a normative instrument that mediates the relationship between criminal accountability and child protection. The results clarify the doctrinal role of warning sanctions in juvenile sentencing policy and strengthen the conceptual foundation for proportionate and child-centred responses to juvenile offending in Indonesia.
Interim Election as a Constitutional Bridge for Aceh's Legislative Vacuum after Decision No. 135/PUU-XXII/2024 Apri Rotin Djusfi; Agung Munandar; Adella Yuana; Dara Quthni Effida; Anhar Fazri
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol. 20 No. 1 (2026): ADLIYA: Jurnal Hukum dan Kemanusiaan
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v20i1.54520

Abstract

The Constitutional Court Decision No. 135/PUU-XXII/2024, which establishes unified concurrent local elections (Pemilu Daerah), creates a two-year legislative vacuum (2029–2031) in the Aceh House of Representatives (DPRA) and the Regency/Municipal House of Representatives (DPRK). This issue originates from a systematic domino effect caused by the fixed-term executive rule under Article 65 of the Law of Aceh Governance (UUPA) clashing with the rescheduled 2031 local electoral calendar. Therefore, this normative-doctrinal legal study aimed to reconstruct the transitional legal mechanisms governing the occupation of local legislative seats. In the process, statute, conceptual, case, and comparative methods were adopted. Brazil’s 1988 ADCT, Nepal’s 2007 Interim Constitution, and the legal mindsets of Constitutional Court Decisions No. 55/2019 and 143/2023 served as comparative legal analogies. Furthermore, data were analysed qualitatively using a prescriptive method. The results showed that Model 1 (Limited Extension) and Model 2 (Collective Parliament) contained fundamental democratic deficits, as both bypassed direct electoral mandates. Model 3 proposed institutionalising an Interim Election with a one-off shortened term leading up to the 2031 concurrent cycle and was considered the most rational and constitutional solution. This scheme is technically viable for integration into the 2029 elections, supported by the General Elections Commission (KPU) Regulation No. 10/2023 and the digital infrastructure of the Aceh Independent Election Commission (KIP). In conclusion, the Interim Election served as a solid jural bridge to safeguard popular sovereignty while fully protecting the exclusive political recruitment rights of local political parties under Article 76 of the UUPA.
Legal Protection Against Online Child Sexual Exploitation: A Comparative Study of Indonesia and the Philippines Suci Ramadhan; Kholis Bidayati; Muhammad Alwi Al Maliki; Abdurrahman Hakim
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol. 20 No. 1 (2026): ADLIYA: Jurnal Hukum dan Kemanusiaan
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v20i1.41129

Abstract

Online Child Sexual Exploitation (OCSE) has evolved into a form of cybercrime in the digital era that produces, disseminates, and commercialises child sexual abuse material across jurisdictions. Indonesia and the Philippines are two countries highly vulnerable to this crime, but with different legal systems. Therefore, this study aims to analyse and compare the legal protection frameworks for OCSE victims in Indonesia and the Philippines using Lawrence M. Friedman's Legal System Theory. The study used a normative legal design with statutory, comparative, and conceptual approaches. Data sources included laws, institutional reports, and scientific literature. The results showed that the Philippines had a more comprehensive legal framework through the Cybercrime Prevention Act of 2012, the Anti-Online Child Sexual Abuse or Exploitation Act (OSAEC), and the Anti-Child Sexual Abuse or Exploitation Act (CSAEM) of 2022, supported by mandatory reporting and integrated coordination through the Philippine Centre for Internet Crimes Against Children (PICACC). Meanwhile, Indonesia did not yet have regulations that specifically and comprehensively regulated OCSE. Existing regulations were scattered across various laws, and institutional coordination remained ineffective and unintegrated. This study concluded that the effectiveness of legal protection against child sexual exploitation was determined not only by the comprehensiveness of regulations but also by institutional integration and a supportive legal culture. Therefore, harmonisation of regulations, strengthening inter-institutional coordination, and increasing awareness of digital law were strategic steps to strengthen child protection.

Page 21 of 22 | Total Record : 214

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