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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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Digital Evidence in Human Rights Violations and International Criminal Justice Al-Billeh, Tareq; Al-Hammouri, Ali; Khashashneh, Tawfiq; AL Makhmari, Mohammed; Al Kalbani, Hamad
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.v4i3.446

Abstract

The rapid development of the use of digital technologies has facilitated access to digital information and evidence. This information and digital evidence are obtained via the Internet, social media or satellite. And may be used to investigate violations of human rights and international criminal law. Therefore, there is a problem of rebalancing between the right to privacy and the use of information and digital evidence in the investigation of violations of human rights and international criminal law. This study has objective of unified universal principles that set out the origins and rules for the use of information and digital evidence in the investigation of violations of human rights and international criminal law. In order to ensure international and national justice and criminal accountability and to document all violations of human rights and international criminal law. The analytical approach will be used through analysis of previous studies on the use of digital information and evidence in the investigation of violations of human rights and international criminal law. And analysis of the Berkeley Protocol on Open-Source Digital Investigations. Several findings and recommendations were reached in this paper, the most important of which is the need for the international community to recognize the information and digital evidence obtained to demonstrate violations of human rights and international criminal law.
The Government’s Role in Interfaith Marriage Rights Protection: A Case Study of Adjustment and Social Integration Rosidah, Zaidah Nur; Karjoko, Lego; Palil, Mohd Rizal
Journal of Human Rights, Culture and Legal System Vol. 3 No. 2 (2023): 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.v3i2.105

Abstract

The research aims to determine the government's role in interfaith marriage rights protection in Indonesia and Malaysia. This research belongs to normative research that examines the role of government in the religious difference in marriage in Indonesia and Malaysia. This research employed a case approach, namely the study of the role of government in interfaith marriage rights protection. The techniques of collecting law items were conducted using literature research, while the analysis techniques were performed using deductive syllogism and interpretative methods. The results indicated that interfaith marriages are not technically recognized in Indonesia since the marriage connection is regarded to be a contract between two persons of the same religion.  While this is going on, interesting cases frequently take place near the Malaysian and Indonesian borders, particularly in the Sambas region. The Indonesian government's role in intermarriage rights protection is manifested in the Indonesian judiciary. The courts have sanctioned multiple interfaith marriages. Religious conflicts that occur in Malaysia cannot be avoided. It may become a ticking time bomb or a flesh-piercing thorn
The Effectiveness of International Law in Limiting Humanitarian Disasters in the Palestine-Israel Conflict Gunawan, Yordan; Pangestu, Rian Ade; Hardiyanti, Lista Arofa; Genovés , Manuel Beltrán
Journal of Human Rights, Culture and Legal System Vol. 5 No. 1 (2025): 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.v5i1.307

Abstract

The Israeli-Palestinian conflict involving several Arab and Western countries that has been going on for decades has caused a humanitarian disaster. The UN resolution to stop the conflict is also considered ineffective in resolving the conflict. Since the Hamas attack on October 7, 2023, against Israel, the conflict has reached its peak and caused a humanitarian disaster that certainly violates the 1947 Geneva Convention. Then, questions arose in the International Community about whether this conflict could be resolved. This research is a normative legal research with a Juridical Approach and a Case Approach. This research also uses a literature review that aims to critically examine the effectiveness of international law on the Israeli-Palestinian conflict so that the public can know the mechanisms that can be used to resolve the conflict. The results of the study show that this conflict can be resolved in several ways, such as by ratifying the 1947 Geneva Convention, then confirming the role of the UN, and also confirming the jurisdiction of the ICC in resolving this conflict.
Developing Artificial Intelligence Legislation in Thailand: Lessons from the European Union Netipatalachoochote, Stanati; Pailler, Ludovic
Journal of Human Rights, Culture and Legal System Vol. 5 No. 1 (2025): 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.v5i1.424

Abstract

Artificial Intelligence (AI) is a transformative technology driving global digital transformation, significantly impacting daily life and business operations. As AI continues to advance and integrate into various sectors, the need for a well-defined regulatory framework becomes increasingly urgent. This study investigates the development of AI legal frameworks in the European Union (EU) and Thailand, analyzing their legislative approaches, priorities, and regulatory structures. Utilizing a qualitative research methodology, this study examines legislative documents, policy reports, and expert analyses to identify key similarities and differences. The findings indicate that both jurisdictions adopt a research-based and collaborative approach to AI regulation. However, while the EU prioritizes fundamental rights protection in its legal framework, Thailand places greater emphasis on fostering business growth and technological innovation, with comparatively fewer safeguards for fundamental rights. This divergence has resulted in distinct regulatory obligations, particularly for high-risk AI systems. The study concludes that Thailand could benefit from adopting aspects of the EU’s regulatory approach to achieve a more balanced framework—one that not only promotes AI-driven economic growth but also ensures stronger protections for fundamental rights and ethical considerations.
Aligning State Finance Regulations with SOE Bankruptcy Policy: Evidence from the United States Waluyo, Waluyo; Tegnan , Hilaire; Setiowati , Noni Oktiana
Journal of Human Rights, Culture and Legal System Vol. 5 No. 1 (2025): 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.v5i1.470

Abstract

Existing regulations governing the execution of state-owned enterprise (SOE) assets in Indonesia lack coherence, resulting in legal uncertainty and inconsistencies between state financial policies and bankruptcy laws. This misalignment is evident in the conflicting interpretations of Constitutional Court Decisions No. 48/PUU-XI/2013 and No. 62/PUU-XI/2013, as well as contradictions among the State Finance Law, State Treasury Law, State-Owned Enterprises Law, and Bankruptcy Law. This study aims to examine these regulatory uncertainties and propose solutions that promote legal certainty and justice. This research adopts a normative legal methodology, utilizing a legislative approach and comparative analysis, with a particular focus on the United States as a reference model. The study draws on primary and secondary legal sources, which are analyzed using a deductive method. The findings highlight three key aspects: first, there is significant disharmony within Indonesia’s financial and bankruptcy regulations concerning SOEs. Second, in contrast, the United States provides a more structured bankruptcy framework that facilitates business resolution while allowing for government intervention in cases where bankruptcy poses a systemic risk. Third, the study presents several policy recommendations to align Indonesia’s state financial and bankruptcy regulations with those governing SOEs, ensuring a more coherent and just legal framework. The findings of this study suggest that the Indonesian government should consider these recommendations to enhance policy frameworks for executing SOE assets, particularly within Limited Liability Company, thereby ensuring a balance between financial accountability and economic stability.
Unraveling the Complex Policies Regulating Conflicts of Interest and Criminal Corruption Wedha, Yogi Yasa; I Made Hendra wijaya; Hudali Mukti; Turymshayeva , Arida
Journal of Human Rights, Culture and Legal System Vol. 5 No. 1 (2025): 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.v5i1.486

Abstract

Corruption is significantly influenced by conflicts of interest in a variety of industries. Indonesia has implemented a variety of regulations to prevent corruption and conflicts of interest. Nevertheless, its implementation continues to encounter a variety of obstacles. This investigation aims to evaluate the intricacy of policies that regulate conflicts of interest and corruption and investigate strategies that can enhance the efficacy of corruption prevention and eradication in Indonesia. The research method employed is normative juridical, incorporating a conceptual approach, legislation, and comparative studies with Kazakhstan, which has a more stringent anti-corruption legal system. The study's findings indicate that Indonesia has implemented numerous regulations prohibiting corruption and conflicts of interest. However, there is a lack of transparency in decision-making, poor law enforcement, weak coordination between institutions, and disharmony between regulations. In contrast, Kazakhstan implements more stringent sanctions, centralized institutions, and regulations. A comprehensive approach to the prevention of conflicts of interest and malfeasance necessitates the optimization of legal substance, legal structure, and legal culture. The following strategies must be implemented: the development of clear regulations, the enforcement of stringent laws, the enhancement of transparency and accountability, and the protection of whistleblowers. To guarantee transparency, integrity, and pure governance in Indonesia, it is imperative to implement more comprehensive policy reforms that are not solely based on legal requirements but also consider social and cultural factors.
Assessing the Government's Commitment to Achieving Ecological Justice for Society Sudiana, Anak Agung KT; Ni Putu Noni Suharyanti; Umirov Fitrat Faxriddinovich
Journal of Human Rights, Culture and Legal System Vol. 5 No. 1 (2025): 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.v5i1.489

Abstract

Ecological justice is essential for maintaining environmental sustainability and ensuring fair access to natural resources. However, its implementation is often hindered by economic and political interests, weak institutional capacity, and inadequate legal frameworks. This research evaluates the Indonesian government's commitment to ecological justice by analyzing the effectiveness of its environmental policies. Using a normative legal research method with a conceptual approach, legislative analysis, and comparative study, this study examines Indonesia’s policy framework and governance challenges. The findings show that despite various policy commitments, regulatory weaknesses, insufficient protection of indigenous rights, and limited public participation hinder progress. Indonesia prioritizes economic growth over environmental sustainability, leading to ecological degradation. Industrial dominance, legal loopholes, weak law enforcement, and corruption further exacerbate these issues. Meanwhile, Saudi Arabia has demonstrated a strong commitment through initiatives like the Saudi Green Initiative and major investments in renewable energy. To achieve ecological justice, Indonesia must strengthen environmental policies, improve law enforcement, and enhance cross-sector collaboration. By adopting Saudi Arabia’s targeted strategies, increasing transparency, and integrating green technologies, Indonesia can accelerate its transition toward sustainable and inclusive development.
Evaluation of Legal Aid Service Quality and Supervision in Indonesia and Malaysia Tri Utami, Nurani Ajeng; Raharjo, Agus; Prayitno, Kuat Puji; Wahyudi, Setya; Bintoro, Rahadi Wasi; Ismail, NoorFajri
Journal of Human Rights, Culture and Legal System Vol. 5 No. 1 (2025): 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.v5i1.502

Abstract

In Indonesia's justice system, the poor are a marginalized group whose economic hardships hinder the ability to understand legal information and access legal services. To address this issue, Indonesia initiated a state-funded Legal Aid Program in 2011 leading to a surge of accreditation applications from Legal Aid Organizations (OBHs) seeking access to the funding. Therefore, this research aimed to examine the quality of legal aid services provided by state-funded OBH and to propose an ideal model for monitoring the quality of the services. A conceptual and comparative approach to relevant regulations was used and supported by primary data from interviews with Legal Aid Extension Officers at the Ministry of Law and Human Rights as well as Advocates affiliated with the organizations. The results showed that the quality of legal aid services in Indonesia remained poor due to the indication of double funding where both the Ministry and Regional Governments allocated budgets for the same services. Additionally, some OBH advocates still charge service fees and failed to provide assistance according to the service standards. Malaysia's legal aid system also showed better quality management as it integrated both state and private sector participation while assigning the assessment of legal aid eligibility to the Director of Legal Aid rather than the service-providing organizations. This approach led to more accurate implementation and better oversight. Furthermore, the research found an urgent need for integrated supervision of legal aid services in Indonesia, along with strict sanctions for both OBH and advocates who violated service standards. Malaysia’s firm approach to monitoring and eligibility determination served as a model worth considering.
The Influence of Women's Leadership Policy on Challenges and Opportunities in the Digital Age Retno Wulandari, Wahyuni; Ahmad , Nadzriah
Journal of Human Rights, Culture and Legal System Vol. 5 No. 1 (2025): 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.v5i1.503

Abstract

The digital era brings significant changes in various aspects of life, including women's leadership. However, gender inequality remains a significant issue in the digital era for women's leadership, so whether current policies have addressed this. This research aims to explore the challenges and opportunities of women's leadership in the digital era and to reformulate policies to bring about justice and equality for women's rights in the workplace. The method used in this research is normative legal research with a legislative, conceptual, and comparative approach with Malaysia to find effective policies for women's rights in leadership positions, especially in this digital era. The research findings indicate that, first, women still face significant challenges, such as gender bias and discrimination, limited access to technology, and workplace imbalance. Secondly, digitalization has created significant opportunities for women to enhance their leadership roles across various sectors, yet persistent gaps in technology access and digital literacy require stronger policy interventions to ensure equal participation. Third,  Strengthening digital literacy, improving digital protection regulations, and fostering collaboration with technology companies are essential strategies for building an inclusive digital ecosystem that empowers women to lead and drive equitable digital transformation.
The Impact of Human Rights Principles on the Criminal Act of Caning: Asymmetric Decentralization Insight Prasetyo, Dedy Ardian; Rahimah Embong
Journal of Human Rights, Culture and Legal System Vol. 5 No. 1 (2025): 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.v5i1.528

Abstract

The implementation of caning punishment in Aceh highlights the challenges of balancing regional autonomy with national and international human rights obligations. This study examines the extent to which human rights principles influence the execution of caning punishment within an asymmetric decentralized system. Using a normative juridical methodology, the research incorporates conceptual, legislative, and comparative approaches. A key comparison is drawn between the implementation of caning in Aceh, Indonesia, and Malaysia, where sharia law also informs the legal system. The findings reveal that caning in Aceh is often excessive, discriminatory, and perpetuates a culture of violence. Unlike Malaysia, where caning is conducted privately within prison facilities to protect the dignity of the accused, Aceh carries out the punishment publicly, emphasizing deterrence and transparency. The study underscores the need for reform, including stricter oversight, alternative rehabilitative punishments such as social work or legal education, and enhanced public and legal awareness of the balance between sharia law and human rights. By adopting a more regulated approach, Aceh can uphold its cultural and religious identity while aligning with human rights standards, ultimately improving Indonesia’s international reputation and fostering a more just and humane legal system.

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