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Abdul Kadir Jaelani
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JHCLS
Published by Lembaga Contrarius Institute
ISSN : 28072979     EISSN : 28072812     DOI : 10.33292
Core Subject : Health, Social,
Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice
Journal of Human Rights, Culture and Legal System is a double-blind review academic journal for Legal Studies published by Research and Social Study Institute. Journal of Human Rights, Culture and Legal System contains several researches and reviews on selected disciplines within several branches of Legal Studies (Sociology of Law, History of Law, Comparative Law, etc.). In addition, Journal of Human Rights, Culture and Legal System also covers multiple studies on law in a broader sense. This journal is periodically published (in March, July and November). The focus of Journal of Human Rights, Culture and Legal System is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. Journal of Human Rights, Culture and Legal System aims to provide a forum for lectures and researchers on applied law science to publish the original articles. The scope of Journal of Human Rights, Culture and Legal System is Criminal Law, Civil Law, International Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Civil Procedural Law, Adat Law, Tourism Law and Environmental Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 143 Documents
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The Protection of Labor Rights on the Court System Musakhonovich, Mamasiddikov Muzaffarkhon; Esirgapovich, Esanov Azamat; Jaelani , Abdul Kadir; Wan Khairuldin , Wan Mohd Khairul Firdaus; Luthviati, Resti Dian
Journal of Human Rights, Culture and Legal System Vol. 4 No. 3 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i1.115

Abstract

Protection of labor rights is critical to ensuring fairness and justice in the workplace. When employees' rights are violated, they can pursue legal redress through the justice system. However, realizing equitable outcomes is frequently impeded by obstacles in accessibility and enforcement. This research analyzes how the justice system can safeguard and enforce labor rights. This research uses normative legal research that employs comparative, legislative, and conceptual methodologies. The research results show that First, Indonesia has labor laws in place. However, the current regulations continue to encounter numerous challenges, including the lengthy and intricate judicial system mechanism and the discrepancy between theoretical regulations and practical implementation. Consequently, expediting the litigation mechanism and reforming the current regulations to protect labor rights is imperative. Second, Indonesia's labor regulations are deemed to be more responsive to the dynamics of contemporary industrial relations than those of Uzbekistan. Uzbekistan must guarantee the protection of workers' and employers' rights, simplify the litigation process, strengthen the competence of judges, and harmonize and reconstruct labor regulations with civil procedural law. Third, it is recommended that Uzbekistan establish a special industrial relations court, revise the rules on evidence and dispute resolution procedures, and enhance the competence of justices through specialized training. This reconstruction will establish a more equitable, efficient, and pertinent system to the current state of employment.
Corruption Policy Challenges in Combating Land Mafia: Experiences from Several Countries Hartanto, Ponco; Suwadi , Pujiyono; Rustamaji , Muhammad; Kamil, Rizqan
Journal of Human Rights, Culture and Legal System Vol. 4 No. 3 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i3.233

Abstract

This study describes the criminal law technique used to eradicate land mafia in Indonesia, the UK, and the UAE, including corruption law. This is a normative comparative legal study. The results show that the first eradication of land mafia practices in Indonesia, the UK, and the UAE followed the same pattern. In the UK and UAE, law enforcement can use bribery offenses if land mafia practices involve public or state officials with bribery signs and money laundering offenses if the funds are manipulated. Second, no specific criminal law in Indonesia is used to eradicate land mafia practices. However, the law of corruption can be used if the practice causes state financial losses, bribery offenses can be used if the practice involves bribing state officials or public officials, and the Indonesian Criminal Code can be used if the practice involves stealing. Third, Technology can be used to prevent and reduce land mafia in Indonesia by ensuring transparency and accountability of maps and land ownership. The government's "One Map Policy" aims to unify and integrate all land-related data and information into one integrated map. This policy clarifies property ownership and legal status to reduce land mafia possibilities and actions.
The Possibility of Talaq Performers Criminalization in Indonesia: An Essential Lesson from India Suryani, Irma; Budia Warman, Arifki; Roni Efendi; Tenrilawa , Dian Furqani
Journal of Human Rights, Culture and Legal System Vol. 4 No. 3 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i3.282

Abstract

The absence of sanctions against instant triple talaq and out-of-court divorce in Indonesia presents significant challenges for justice on gender equality and women's rights in today’s modern society. This study has the primary objective of analyzing the issues surrounding talaq divorce regulations in Indonesia by reflecting on the regulations in India. The study employs a combination of normative legal research methods, a legislative approach, and a comparative approach, focusing primarily on the marriage laws of Indonesia and India. The findings indicate that the practice of ‘triple talaq’ or instant divorce in India has been banned, with criminal sanctions imposed, including a three-year imprisonment for violators. In contrast, the regulations on talaq in Indonesia remain administrative in nature, requiring individuals to perform talaq in court, with no sanctions established for those who violate the regulations. The lack of criminal sanctions for talaq in Indonesia stems from its dual legal system and the absence of comprehensive guidelines on the procedural aspects of talaq, compounded by the limited resources of religious courts. In addition, the social stigma attached to divorce further complicates the issue. In India, the imposition of criminal sanctions for triple talaq aims to challenge the rigidity of the law and prioritize the rights of women and children. The reconstruction of regulations on divorce can be achieved through three components of criminal sanctions, comprising legal substance, legal structure, and legal culture. Also, it is essential to take humanitarian considerations and local wisdom in Indonesia into account when implementing such criminal sanctions.
The Digitalization of Investment Impact on Developing Tourism Industry Julianti, Lis; Pinpak, Artit
Journal of Human Rights, Culture and Legal System Vol. 4 No. 3 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i3.289

Abstract

Digitalization of investment can boost the development of the tourism sector. However, regulations in Indonesia related to digital investment still need to be improved, thus triggering risks for investors. This research aims to analyze the impact of digitalization of investment on the development of the tourism sector. This research uses normative legal study with a conceptual, legislative, and comparative approach. The research results show that, first, investment digitalization impacts the development of the tourism sector. However, various problems still need to be solved, including suboptimal regulations, overlapping authorities, digital gaps between regions, and a need for more privacy data protection. Second, investment digitalization in Japan and Thailand has several advantages compared to Indonesia, mainly due to more advanced technological infrastructure, strategic government policies, and a more mature digital economy. Third, Indonesia must implement the principle of legal certainty and protection by strengthening investment digitalization regulations and collaborating with various parties to prepare special regulations regarding investment digitalization and increase data privacy protection to realize sustainable tourism and development.
The Compliance of Governance on Family Data Protection Regulation Ni Komang Sutrisni; Putu Angga Pratama Sukma; Embong , Rahimah; Haydarov , Khanlar
Journal of Human Rights, Culture and Legal System Vol. 4 No. 3 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i3.293

Abstract

Digital transformation has changed the way family data is managed and stored. The vulnerability of family data has become a serious concern due to the increase in data breach incidents. This research aims to analyze public compliance with family data protection regulations and the ideality of government governance regulations regarding family data protection regulations. This research uses normative legal research methods to analyze the comparison of family data privacy protection regulations between Indonesia and England. This research examines various legal guidelines and policies by applying legislative techniques and a conceptual approach. The legal system theory is used as an analytical framework to evaluate the effectiveness of regulations, law enforcement, and legal culture's influence on public compliance. Data was collected through a literature review of primary and secondary sources, including documents, archives, books, and scientific research findings. The research results show First, that family data protection regulations in England are first more standardized with a higher level of public compliance than in Indonesia. Secondly, Indonesia still faces challenges such as the weak bargaining position of data subjects, the absence of clear guidelines for data controllers, and the need for an independent oversight authority. This research recommends regulatory improvements, the establishment of competent authorities, and enhanced public education to strengthen Indonesia's personal data protection system, particularly family data.
The Validity of Sanctions Arrangements in Regional Regulations Astariyani, Ni Luh Gede; Hattori, Mariko; Hanum , Willy Naresta
Journal of Human Rights, Culture and Legal System Vol. 4 No. 3 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i3.313

Abstract

The principle of lower-level legislation in the hierarchy of legislation must not conflict with higher-level regulations and must be enforced. This includes regional regulations whose administrative sanction content must not deviate from higher-level regulations. This study aims to determine the validity of regional regulations in regulating the content of sanctions, the regulation of sanctions for regional head regulations that do not comply with the rules above them, and how binding they are when applied. The research method used is the normative legal method, including the approach to legislation and legal concepts. The comparative method is also used to compare this issue with Japan. The results of this study indicate that there is disharmony between regional regulations and their implementing regulations due to the lack of detailed regulations on the content of regional head regulations, which has the potential to cause deviations in the content and affect the validity of the legal product. This has a negative impact and confuses at the implementation level, especially on the content of sanctions that are not in sync with the rules above them. Meanwhile, in Japan, Japanese administrative sanctions are contained in a very structured and standardized manner to minimize inconsistencies in regulations at the regional level. Therefore, the formation of material content regarding sanctions in implementing regulations must be based on legal validity, both materially and formally.
The Regulations of Protection Tourists in High-Risk Tourism Destination Sari, Norma; Fajri, Choirul; Winiarti, Sri; Ahdiani, Ulaya; Zulhuda, Sonny
Journal of Human Rights, Culture and Legal System Vol. 4 No. 3 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i3.366

Abstract

Indonesia is one of the tourism destination countries in the world. The Indonesian government should minimize the risk of tourism activities at high-risk tourist attractions. In the digital era, efforts to optimize tourist protection can be made with artificial intelligence. This study aims to study tourist protection regulations in high-risk tourist areas in Indonesia and compare tourist protection regulations developed by other countries such as the United States of America, Japan, India, and Thailand. This research uses empirical legal legal research, combining normative legal elements with additional empirical data or elements. The results of this research show that there are traveler protection regulations in Indonesia, but their implementation still needs to be improved. Indonesia needs to learn from other countries, such as the United States of America, Japan, India, and Thailand, which have used international standards and implemented Artificial Intelligence. Through the recommended models for using Artificial Intelligence by researchers, it is hoped that they will be able to optimize the protection of tourists at high-risk tourist attractions.
Self-Driving Vehicles and Their Impact on the European Convention on Human Rights Habil Csongor Herke; Szabó, Barbara
Journal of Human Rights, Culture and Legal System Vol. 4 No. 3 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i3.376

Abstract

The integration of artificial intelligence (AI) into criminal justice systems has grown rapidly, offering significant potential to enhance efficiency and decision-making. However, this advancement also raises ethical and legal concerns, such as data privacy violations, algorithmic bias, and transparency in AI-driven processes. This research examines the legal and ethical implications of AI in criminal justice, focusing on its applications in law enforcement and judiciary systems. Through a normative legal analysis, employing statutory, conceptual, and comparative legal approaches, the study draws insights from the European Convention on Human Rights (ECHR) and international literature. The findings highlight societal apprehensions regarding autonomous systems, inadequacies in current legal frameworks, and ethical challenges in programming AI for decision-making. These challenges include ensuring privacy, data protection, and adherence to fair trial principles. The study concludes that prudent legal regulations are crucial for ensuring responsible and ethical deployment of AI in criminal justice systems. Ultimately, the research emphasizes the importance of balancing technological innovation with the protection of fundamental human rights, contributing to a framework for the ethical and sustainable integration of AI into legal systems globally.
The Corruption Reduction with an Administrative Law Approach: Evidence from Australia Hafidz, Jawade; Amalia Fitri, Dini; Muhammad Azam; Arifullah, Achmad; Prasetia Wiranto, Agus
Journal of Human Rights, Culture and Legal System Vol. 4 No. 3 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i3.396

Abstract

The reverse burden of proof mechanism shifts the responsibility to the fraudster to prove that his wealth did not come from corruption. This system raises concerns regarding justice, legal certainty, and the protection of human rights. This research aims to analyze the application of reverse evidence in criminal and criminal acts of corruption in procuring goods and services from the perspective of state administrative law. Reversal of the burden of proof in criminal acts of corruption is essential to eradicate corruption in Indonesia. From the standpoint of state administrative law, reverse evidence functions as a monitoring tool to prevent abuse of authority by public officials and ensure the implementation of the principles of good governance, namely transparency, accountability, and integrity in the procurement of goods/services. The novelty of this study lies in its proposal to explicitly clarify the balance of evidentiary obligations between the public prosecutor and the defendant in reversing the burden of proof under Law No. 20 of 2001, ensuring fair legal certainty and protection of human rights. Indonesia can adopt Australia's Proceeds of Crime Act 2002 approach, enabling asset seizure from suspected corruption without conviction, to enhance accountability and recover state losses effectively.
Regulatory Model for the Cancellation of Authentic Notarial Deeds Based on Principles of Justice Mashdurohatun, Anis; Waruwu , Ingati Margaretha; Saktiawan , Muhammad Dias; Supriyadi, Supriyadi; Aaty El-Sonbaty, Atta Abdel
Journal of Human Rights, Culture and Legal System Vol. 4 No. 3 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i3.407

Abstract

The cancellation of an authentic notarial deed can be carried out by one of the parties or the aggrieved party if the deed contains legal defects, causing it to be downgraded to a private deed. The cancellation must be conducted by filing a lawsuit in the court with jurisdiction over the place where the authentic notarial deed was created. This research aims to analyze the cancellation of authentic notarial deeds from the perspective of civil procedural law, which is not yet based on the principles of justice. It also seeks to identify weaknesses in the current procedures and propose a justice-based reconstruction model for the cancellation of authentic deeds made by notaries. The study uses a socio-legal paradigm with relativism ontology and an empirical juridical approach, employing non-doctrinal legal research methods. Primary data were collected through field research, including interviews and/or questionnaires with competent parties. The findings reveal that the reasons for cancellation include non-fulfillment of objective conditions of agreements, absolute incapacity, lack of authority, contradictions with legal provisions, violations of public order or morality, fulfillment of legal events with void conditions, relative incapacity, defects of will, abuse of circumstances, breach of contract, and non-compliance with formal agreement requirements. The study suggests establishing a legal harmonization institution and including judicial decisions in the legislative hierarchy, as well as reconstructing the National Land Agency’s service system for better deed management.

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