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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 State's Injustice: Failing to Protect Fixed-Term Workers' Rights Arpangi, Arpangi; Sanni, Tajudeen 
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.v5i1.531

Abstract

Labor market flexibility is widely promoted, with fixed-term employment contracts as a key component. However, concerns remain about whether this employment status provides fair protection for workers. This study examines regulatory gaps in Indonesia’s fixed-term employment agreements to assess their fairness and propose ideal legal protections. Using a normative legal research method, this study compares the legal frameworks for fixed-term contract workers in Indonesia, Germany, and Somalia. It applies a normative approach, legislative techniques, and legal system theory to identify weaknesses and recommend fair policies. Findings reveal significant differences in legal protection. Germany enforces strict regulations ensuring worker rights, Indonesia adopts a more flexible system but struggles with weak supervision, while Somalia provides minimal protection due to regulatory gaps. Indonesia’s fixed-term employment regulations remain unfair due to legal loopholes, inadequate labor supervision, and low legal awareness among workers and employers. To address these issues, labor regulations should enhance job security, prevent unilateral termination and discrimination, and strengthen dispute resolution mechanisms. An ideal legal framework must balance worker protections with business flexibility, ensuring fairness while supporting economic growth.
Legal Discovery in Indonesia’s Tax Dispute Framework Efendi Ibnususilo; Fithriatus Shalihah; Nisa Istiani; Faiqah Nur Azizah
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.v5i1.496

Abstract

This study analyzes the normative disharmony among the Tax Court Law, the Judicial Power Law, and the General Provisions and Tax Procedures Law (KUP Law) and examines its implications for the independence and institutional authority of the Tax Court in Indonesia. The inconsistency among these statutory instruments generates juridical uncertainty concerning the structural position of the Tax Court within the national judicial system and obscures the proper framework for institutional oversight. This research aims to assess the existing tax dispute resolution system and to formulate institutional reform proposals through a comparative evaluation of tax adjudication models in the United States, Australia, and Russia. Employing normative legal research, this study applies legislative, conceptual, and comparative approaches to examine statutory coherence and institutional design. The findings demonstrate that, first, dual supervision by the Supreme Court and the Ministry of Finance constrains the structural independence of the Tax Court; second, procedural limitations, including case accumulation, extended adjudication timelines, significant litigation costs, and restricted regional accessibility, reduce the effectiveness of dispute resolution; and third, the absence of a structured Alternative Dispute Resolution framework limits procedural flexibility and institutional responsiveness. Based on these findings, this study argues that placing the Tax Court fully under the authority of the Supreme Court and institutionalizing Alternative Dispute Resolution mechanisms would strengthen judicial independence, improve procedural efficiency, and enhance public confidence in the national tax adjudication system.
From Failure to Future Reconstructing Intellectual Property in Bankruptcy Law Maruli, Johnson Sahat Maruli Tua; Eddy Damian; Bernard Nainggolan; Hulman Panjaitan; Christopher J. Johnstone
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.v5i1.569

Abstract

In the context of a knowledge-based economy, intellectual property (IP) has emerged as a critical asset for business competitiveness, yet it remains inadequately recognized in Indonesia’s bankruptcy law. Trademarks, copyrights, and patents key components of IP are often excluded from the core bankruptcy estate due to legal ambiguity and the absence of standardized valuation and management procedures. This research aims to reconstruct Indonesian bankruptcy law to better integrate IP as a vital economic asset in insolvency proceedings. Utilizing a descriptive-analytical method with a juridical-normative approach, this study draws upon doctrinal sources and empirical data collected through interviews with legal practitioners and bankruptcy receivers. The findings reveal that current legal structures fail to reflect the real economic value of IP, resulting in underutilized assets and prolonged legal disputes, as exemplified by the Nyonya Meneer case. The study concludes that reform is urgently needed to incorporate IP into the bankruptcy framework, not only as an asset with immediate monetary value but also as a tool for post-bankruptcy recovery and sustainability. A revised legal framework would ensure equitable treatment for both creditors and debtors and align national insolvency policies with the evolving dynamics of global commerce and innovation.
Legal Environmental Protection and Sustainable Development in the United Arab Emirates Khater, Maya; Yassine Chami; Mohamad Albakjaji
Journal of Human Rights, Culture and Legal System Vol. 5 No. 2 (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.v5i2.469

Abstract

Environmental protection and sustainability have captured global attention in recent years due to rising pollution, resource depletion, and climate change. In response to these challenges, this study examines how the United Arab Emirates (UAE) has developed its national environmental legislation in comparison with international legal frameworks. By applying a critical and comparative legal analysis, the study reviews key international environmental agreements and evaluates how UAE laws align with or diverge from global standards. The findings show that, first, the UAE has actively implemented forward-looking environmental policies through legislative reforms and sustainability initiatives aimed at meeting or exceeding international goals. Second, the UAE has promoted environmental responsibility by attracting clean technologies and fostering innovation, demonstrating its commitment to sustainable development. Third, despite these advancements, the study identifies continuing gaps in law enforcement and limited public participation in environmental decision-making processes. To address these issues, the study recommends enacting new legislation that includes constitutional protection of environmental rights and frameworks to strengthen regional environmental partnerships. The study also urges policymakers to encourage broader community engagement by empowering citizens and residents to participate in environmental policymaking and to file lawsuits against entities that violate environmental laws. This research contributes to the ongoing discourse on environmental governance by offering a legal analysis of the UAE’s evolving regulatory landscape and by proposing inclusive, enforceable approaches to environmental sustainability.
The International Framework for Cyber-Attacks Under the Rules of International Humanitarian Law Al-Billeh, Tareq; Al-Mudanat, Jessica; Almamari, Abdulaziz; Khashashneh, Tawfiq; Al-Hailat , Odai
Journal of Human Rights, Culture and Legal System Vol. 5 No. 2 (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.v5i2.534

Abstract

The research paper analyses the extent of enforcement of the rules of international humanitarian law on perpetrators of cyber-attacks by stating the nature of cyber-attacks and identifying the types of cyber-attacks, highlighting international efforts to regulate cyber-attacks under international humanitarian law, deducing the extent of the suitability of the rules of international humanitarian law that govern cyber-attacks, and determining the extent of the jurisdiction of the International Criminal Court to punish perpetrators of cyber-attacks. This study followed the analytical and critical approach by reviewing the rules of international humanitarian law and the extent of their applicability to cyber-attacks. Finally, the study came to a conclusion with a list of results and suggestions. The most important of these is that the way international justice is done needs to change completely so that the International Criminal Court can better handle cybercrimes. This is to ensure that the inclusion of cybercrimes under the jurisdiction of the International Criminal Court aligns with the principles of international humanitarian law, while also highlighting the similarities between cyber weapons and conventional weapons. This is achieved through collaboration between legal and technical experts in addressing the intricacies of cybercrimes, promoting accountability, and bolstering justice in the digital era
Sustainable Halal Tourism Regulation Based on Local Wisdom in Indonesia and Uzbekistan Jaelani, Abdul Kadir; Reza Octavia Kusumaningtyas; Sarjiyanto, Sarjiyanto; Bobur Sobirov
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.v5i1.671

Abstract

Halal tourism plays a pivotal role in driving economic growth, particularly in countries with significant Muslim populations. However, the absence of comprehensive and harmonized regulatory frameworks remains a critical legal gap in advancing sustainable halal tourism. This research aims to construct a model of sustainable halal tourism regulation grounded in local wisdom by conducting a comparative normative legal study between Indonesia and Uzbekistan. Employing a conceptual, legislative, and comparative approach, the study reveals several key findings. First, in Indonesia, regulatory ambiguity and inconsistency exist regarding the definition and implementation of halal tourism, resulting in fragmented policies across regions. Central government regulations remain limited, while decentralization efforts have yet to empower local governments effectively. The minimal involvement of local authorities and communities in formulating halal tourism policies represents a significant shortfall, especially when local wisdom should be at the center of sustainable tourism development. Second, in contrast, Uzbekistan has developed a more integrated approach where sustainable tourism policies emphasize environmental preservation and cultural heritage, aligning more closely with the principles of halal tourism. Uzbekistan's model demonstrates the potential for integrating local values into national tourism policies as a foundation for sustainability. Third, the findings underscore the urgency for Indonesia to harmonize its halal tourism regulatory framework by integrating local wisdom and increasing the participatory role of local communities. A culturally contextualized legal approach is essential to ensure the long-term sustainability, legitimacy, and community acceptance of halal tourism practices.
The Reduction of Criminal Justice Policy in Indonesia: Justice versus Virality Muhammad, Rustamaji; Shalih Mangara Sitompul; Tojiboyev Sarvar Zafarovich; Rahimah Embong
Journal of Human Rights, Culture and Legal System Vol. 5 No. 2 (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.v5i2.637

Abstract

The phenomenon of virality on social media has had a significant impact on the criminal justice system in Indonesia. Digital public pressure can influence the speed and direction of law enforcement, even shifting fundamental principles such as the principles of legality, equality before the law, and due process of law. This study aims to analyze how virality influences criminal justice policy, identify forms of reduction and erosion of criminal law policy, and formulate a balanced approach between legal justice and digital public pressure. This study uses a normative juridical method with three approaches: a legislative approach, a conceptual approach, and a comparative approach. The results show, first, that virality has shifted the orientation of law enforcement in Indonesia, with viral cases such as those involving Ferdy Sambo and Mario Dandy being processed more quickly due to public pressure, rather than legal urgency. Second, this condition indicates a severe reduction in the principles of legality, equality, and due process, exacerbated by ad hoc legislation and reactive executive intervention. Third, while digital publics can promote accountability, Indonesia needs institutional strategies to balance these pressures without compromising legal integrity. Recommendations include reforming legal education based on digital literacy, establishing digital response units within law enforcement agencies, and strengthening media regulations to prevent trial by media. Indonesia needs to restructure its criminal justice policy so that it remains based on constitutional values and the principles of the rule of law, rather than being driven by popularity in the digital space.
Legislators Qualifications in Pakistan Under Islamic Constitutional Provisions AllahRakha, Naeem
Journal of Human Rights, Culture and Legal System Vol. 5 No. 2 (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.v5i2.491

Abstract

Legislators’ qualifications play a vital role in preserving the integrity, legitimacy, and credibility of democratic governance. In Pakistan, the Constitution outlines specific requirements for candidates in Article 62, which are based on Islamic principles. However, the election laws do not provide clear procedural or definitional guidance for applying these provisions. This study examines the constitutional and Islamic foundations of legislators’ qualifications, interprets these provisions in light of Islamic teachings, and compares them with eligibility criteria in other democratic jurisdictions. The findings show that Pakistan’s electoral framework does not include explicit mechanisms to evaluate a candidate’s good character, Islamic knowledge, or moral conduct. Key terms such as good character, Islamic duties, and major sins remain undefined. This lack of clarity creates legal uncertainty, causes inconsistent enforcement, and raises concerns about fairness, transparency, and equal political rights. The absence of precise definitions also allows arbitrary or politically motivated interpretations, which weaken the rule of law. The comparison reveals that Egypt, Iran, Turkey, and Indonesia use more explicit legal or institutional mechanisms to determine candidate eligibility. The study concludes that lawmakers should clarify constitutional terms in election laws to strengthen legal certainty, ensure consistent application, and improve democratic governance.
Ensuring Legal Protection of Biological Diversity Regulations for Safeguarding Ecosystem Narzullayev, Olim; Anor Mukasheva; Sadikova Dilafruz
Journal of Human Rights, Culture and Legal System Vol. 5 No. 2 (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.v5i2.515

Abstract

The legal protection of biodiversity constitutes a central concern within ecological law theory because it directly contributes to maintaining ecosystem stability and supporting sustainable development. This study aims to analyze the normative framework of biodiversity protection and evaluate its effectiveness in addressing urgent ecological challenges, including species extinction, habitat degradation, and the impacts of climate change. The research employs a normative-legal approach by examining primary and secondary legal materials and applies qualitative analysis to conduct a comparative study of international and national legal standards. The findings demonstrate three critical points. First, although international agreements provide a normative foundation for biodiversity governance, their implementation remains constrained by weak enforcement mechanisms, interpretive ambiguities, limited financial resources, and fragmented institutional coordination. Second, the study highlights the necessity of adopting a holistic and system-based approach to biodiversity governance to confront increasing environmental pressures such as water scarcity, habitat fragmentation, and the decline of endangered species and urban green areas. Third, the research stresses the importance of strengthening institutional capacity and refining legal instruments to secure the long-term resilience of biodiversity initiatives. This study contributes to the development of enforceable and context-sensitive legal strategies, thereby offering valuable insights for policymakers and environmental law practitioners in advancing biodiversity conservation
Rethinking Palm Oil Plastic Regulations for Sustainable and Ecological Justice Anis Mashdurohatun; Yusfandi Usman; Toni Ariadi Efendi; Purwatik, Purwatik; Istiniyati, Istiniyati
Journal of Human Rights, Culture and Legal System Vol. 5 No. 2 (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.v5i2.681

Abstract

Oil Palm Plantations significantly contribute to Indonesia’s economy through agricultural production and exports. However, their development has caused environmental damage and social conflicts, leading stakeholders to resist and call for more sustainable management practices to protect both the environment and local communities. This study aims to evaluate the current regulations on Sustainable Palm Oil Plasma management to identify weaknesses that affect ecological justice and sustainability. It seeks to propose improvements based on ecological justice principles to ensure environmental protection and social fairness. The research uses a constructivist approach, collecting and descriptively analyzing data from stakeholders, supported by relevant legal theories. This research reveals three main findings. First, fundamental problems persist in palm oil plasma management, including land conflicts due to community demands for plasma plantations within company concessions and companies’ failure to fulfill legal obligations such as building plasma plantations. Second, perceptions of sustainability standards like RSPO and ISPO differ significantly between certified and uncertified farmers, with many smallholders lacking access, knowledge, and resources to comply, limiting widespread implementation. Third, recent regulatory changes under the Job Creation Law create challenges in land availability for plasma plantations, especially in regions with limited land, impacting both plantation companies and plasma farmers.

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