cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Abdul Kadir Jaelani
Contact Email
alanzaelani50@gmail.com
Phone
+6287738904981
Journal Mail Official
journalhumanrightslegalsystem@gmail.com
Editorial Address
Sibela Utara Street No.3, Mojosongo, Kec. Jebres, Kota Surakarta
Location
Kota surakarta,
Jawa tengah
INDONESIA
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
 11   12   13   14   15 
Indigenous, Diversity, and the Future of Human Rights in Regional Legal Systems Yahya Ahmad Zein; Adymas Putro Utomo; Muhammad Husin Ali; Rafiq Idris; Didi Adriansyah
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.v5i2.573

Abstract

Indigenous peoples and cultural diversity present both opportunities and challenges for advancing human rights at the regional level. Although their rights are recognized in the constitution and under international law, the implementation of these protections remains difficult. This study aims to assess the protection of indigenous peoples’ rights within the regional legal framework. The research employs a normative juridical method, utilizing a conceptual approach, statutory analysis, and a comparative perspective with the Philippines. The findings indicate, first, that indigenous peoples in Indonesia remain vulnerable to discrimination, marginalization, and the infringement of their rights, despite constitutional and international recognition. Some regions have responded by enacting Regional Regulations to ensure that indigenous rights are acknowledged and protected. Second, the Philippines, through the National Commission on Indigenous Peoples (NCIP), has established a relatively advanced legal framework to safeguard indigenous communities. Third, the study highlights the need for a new paradigm that prioritizes effective implementation, respect for cultural diversity and local knowledge, harmonization of customary law with national and sectoral legislation, and the recognition and protection of traditional knowledge. Such a paradigm is essential to guarantee the sustainable protection of the rights of customary law communities, reduce legal conflicts, and enhance their social, economic, and cultural well-being within the regional legal system.
Should Indonesia Adopt Legal Representation in Civil Cases? Sundari, Elisabeth; Halim, Helidorus Chandera; Ousu Mendy
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.v5i2.604

Abstract

Despite the recognised benefits of legal counsel and its increasing use in practice, the Indonesian legal framework does not sufficiently encourage legal representation in civil proceedings. This research examines the validity of Indonesia adopting and adapting mandatory legal representation. It encompasses a normative legal approach by examining and analysing qualitatively the Indonesian self-representation legal system and its secondary data of practices, the Netherland’s legal-representation framework comparatively, the theory of access to justice, as well as Posner’s law and economic analysis. This study shows that theoretically and practically, it is viable for Indonesia to adopt mandatory legal representation model in civil proceedings by establishing a compulsory legal framework to make it works effectively and promotes greater access to justice. However, based on a comparison to the Netherland’s framework, Indonesia needs to adapt it to the Indonesian context to overcome attorney fees challenge. First, by requiring legal representation only for complex civil cases. Second, by regulating legal fee agreements based on reasonableness, fairness, and transparency, and imposing strict legal sanctions on lawyers who refuse to provide pro bono legal assistance to litigants who cannot afford attorney fees. Third, strengthen the legal aid system by establishing a Legal Aids Board and providing adequate and sustainable funding. This research demonstrates that legal representation provides greater access to justice compared to self-litigation, in terms of ensuring fair, reasoned, and expedited judicial proceedings. In contrast, self-litigation primarily facilitates access to more affordable justice, as it eliminates the need to pay attorney fees.
Farming Justice on Economic Regulations in Indonesia and France Said, Zainal; Sih Natalia Sukmi; Rustam Magun Pikahulan; Pradana, Syafa'at Anugrah
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.v5i2.589

Abstract

This research addresses a significant issue in Indonesia, where 68% of agricultural land is controlled by just 1% of the population, leading to over 3,200 agrarian conflicts in the last decade and impacting approximately 1.8 million farming households. Only 32% of farmers have access to capital, despite being certified landowners, highlighting a stark inequality in land ownership and farmer’s sovereignty compared to modern and institutionalised agricultural system in France. This research explores how France agricultural models can inspire improvements in agrarian governance in Indonesia by analysing the paradigm of agricultural justice through the lens of economic law. This study employs comparative legal methods to examine and differentiate the regulatory frameworks and institutional mechanisms governing land distribution, market control, and peasant protection in both countries. This study finds that, France actively intervenes in its agricultural sector through SAFER, which regulates land transactions, provides CAP, and allocates 50% of SAFER to smallholder farmers, ensuring fair access and preventing corporate dominance. In contrast, 60% of Indonesian agricultural land is controlled by large corporations, with 6 million hectares in dispute. Agrarian reform is hampered by bureaucracy, overlapping regulations, and corruption. KUR programs and fertilizer subsidies often fail to reach intended target. This study recommends adopting the French model to strengthen institutions, transparency, smallholder support, and oversee monopolies.
Preventing AI Crime Towards A New Legal Paradigm: Lessons From United States Wisnubroto, Aloysius; Hilaire Tegnan
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.v5i2.606

Abstract

Indonesia has several laws to address AI-based crimes; however, the legal and criminal justice systems fail to address technology and AI-based crimes. This study aims to answer questions regarding the causes of the legal system in Indonesia having problems in resolving artificial intelligence-based crime cases and how the legal paradigm is developed and operationalised to anticipate the development of artificial intelligence-based crimes. This research employs a juridical-normative method and comparative law studies. The study shows that, firstly, positive criminal law with a legal-positivistic paradigm does not address adequately the dynamic and complex nature of AI-based crimes, which significantly impact social change. Learning from the US judicial system, which allows for the formation of legal sources through judges’ decisions, the resolution of AI crime cases in Indonesia needs to begin with liberation from the shackles of rigid legal texts. Secondly, to anticipate the development of AI crimes, it is essential to optimise the applicable criminal law through a new law enforcement paradigm developed from the principles of progressive law. This includes applying the principle of law for humans and the pillars of search, liberation, and enlightenment as foundational elements for legal innovation. By embracing the flexibility of the progressive legal paradigm, Indonesia can anticipate to changes in society and effectively manage the growth of AI-based crimes.
Unregistered Marriages in Sabah: Indonesian Migrant Workers at the Crossroads of Faith, Law, and Livelihood Wahib, Ahmad Bunyan; Hayat, Muhammad Jihadul; Awang, Nurulbahiah
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.v5i2.702

Abstract

The immigration policy of Malaysia prohibits migrant workers from marrying during their employment contract, whether with fellow migrant workers or Malaysian citizens. However, despite this prohibition, the practice of marriage between Indonesian migrant workers, often referred to as kawin kampung (village marriage), has been prevalent for many years in Sabah, Malaysia. This marriage practice occurs without the involvement of the state and is not officially registered, thus classified as an unofficial or nikah sirri (secret marriage). Nevertheless, such marriages are recognized socially within the community, even though they are not legally acknowledged (illegal but licit). This research aims to explain the structure and agency involved in marriage practice among Indonesian migrant workers. Taking the floor in Sabah, Malaysia, data were gathered through interviews with related parties in the field. This research employs Giddens' theory of structuration. This research argues that the practice of kawin kampung (village marriage) among Indonesian migrant workers (PMI) in Sabah, is a multifaceted issue influenced by a combination of religious, legal, economic, and social factors. Their religious belief constitutes an essential foundation for sustaining life within the oil palm plantations. Although their marriages cannot be categorized as legally valid under the Malaysian state law, they are many times underhand allowed by the company and can gradually and annually be submitted for official validation (isbat nikah) at the Indonesian representative office. Inconsistent law enforcement against undocumented immigrants has enabled their continued entry, thereby perpetuating the practice of unregistered marriages (kawin kampung) among Indonesian migrants.
Rethinking Subsidiary in Corruption Cases: Indonesian Experiences Nugroho, Fendi; Hartiwiningsih, Hartiwiningsih; I Gusti Ayu Ketut Rachmi Handayani
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.v5i2.714

Abstract

The imposition of additional penalties in the form of restitution in corruption cases in Indonesia continues to reveal significant conceptual and practical weaknesses. A primary issue is the tendency of convicted individuals to opt for subsidiary imprisonment rather than paying restitution, which undermines the effective recovery of state financial losses. Furthermore, inconsistencies in interpretation between prosecutors and judges, weak asset tracing mechanisms, and ambiguities in existing regulations exacerbate the problem. This study examines the legal significance of restitution in corruption cases, identifies the shortcomings in its current implementation, and proposes a ius constituendum model to reconstruct the restitution system to enhance substantive justice and improve state financial recovery. The research employs a normative juridical method, combining statutory analysis, doctrinal review, and case studies, complemented by a comparative study of legal frameworks in the United States and the United Kingdom to highlight gaps in Indonesia’s asset recovery mechanisms. The findings indicate that first, current regulations fail to provide adequate deterrence; second, there is insufficient alignment between state interests and the rights of convicts; and third, existing mechanisms for asset tracing and execution are ineffective. Accordingly, this study recommends legal reconstruction through strengthening the prosecutorial role in execution, ensuring consistency between prosecution demands and judicial decisions, and incorporating the time value of money in determining restitution amounts.
ASEAN’s Migrant Rights Policy Dilemma and Deadlock on Migrant Worker Protection Agusmidah, Agusmidah; Martono Anggusti; Fithriatus Shalihah; Rajali H. Aji; Abdulrahman Sama-Alee
Journal of Human Rights, Culture and Legal System Vol. 5 No. 3 (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.v5i3.581

Abstract

Remittances generated by migrant workers, particularly those from Indonesia, play a significant role in supporting the economic stability of households and national economies. However, the magnitude of these contributions contrasts sharply with the limited legal and social protection available to migrant workers. This research examines the key factors underlying the persistent impasse in migrant worker protection policies within ASEAN and explores potential strategies for improvement through a comparative assessment of the European Union experience. Using normative juridical methods that combine conceptual, regulatory, and comparative analyses, the study evaluates ASEAN legal instruments and compares them with the European Union framework for protecting migrant workers. The analysis identifies three main causes of policy stagnation in ASEAN. First, the region lacks binding obligations that require member states to adopt uniform minimum standards. Second, existing enforcement mechanisms are weak and do not ensure consistent implementation. Third, member states resist the establishment of supranational authority, limiting opportunities for stronger regional governance. Despite these challenges, functional adaptation through the selective adoption of European Union practices offers viable options, including harmonizing minimum standards, establishing regional complaint procedures, and facilitating the portability of social rights. The research concludes that a gradual and priority based approach, especially for high risk sectors, can enhance migrant worker protection while remaining consistent with the principles of the ASEAN Way.
Strengthening Upstream Forest Conservation Policies to Achieve Sustainable Development Goals Absori, Absori; Trias Hernanda; Rizka, Rizka; Bangsawan, Mohammad Indra; Budiono, Arief
Journal of Human Rights, Culture and Legal System Vol. 5 No. 3 (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.v5i3.767

Abstract

Existing studies on watershed and forest conservation in the upstream Bengawan Solo region have largely focused on ecological degradation, technical conservation strategies, or regulatory shortcomings. However, there remains a significant gap in understanding how an ecoregion based approach can be systematically integrated with local wisdom to produce a comprehensive and context specific conservation policy. The study investigates the role of local wisdom in upstream forest management, the existence of gaps in legal protection for watershed conservation, and the impact of integrating local wisdom with legal frameworks on policy effectiveness. An empirical method with a qualitative approach was employed, drawing on primary data obtained through field observations in four regencies, namely Wonogiri, Sukoharjo, Surakarta, and Karanganyar. The results of this study reveal three principal findings. First, sustainable conservation in the upstream Bengawan Solo watershed requires a synergistic model that integrates ecological considerations with community based knowledge systems. Second, fragmented regional regulations and weak legal coordination continue to obstruct effective watershed governance, resulting in inconsistent conservation practices across administrative boundaries. Third, the study highlights the need for comprehensive policy reform through the establishment of interregional cooperation mechanisms supported by a Memorandum of Understanding, which can strengthen institutional governance, harmonize conservation strategies, and enhance long term ecological resilience within the watershed area.
Justice for Child Offenders: A Humanistic Legal Approach Ika Wulan, Sekaring Dyah; Riki Apriyansyah; Mochamad Ali Rizza; Abdel Salam Atwa Ali Al Fandi
Journal of Human Rights, Culture and Legal System Vol. 5 No. 3 (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.v5i3.773

Abstract

This study examines the implementation of the juvenile criminal justice system, which prioritizes Restorative Justice and applies Diversion to resolve cases involving juvenile offenders. This approach emphasizes restoring social cohesion and relationships rather than imposing financial compensation. However, the lack of clear provisions within the legal framework has resulted in Restorative Justice being neither distinctly nor effectively regulated, despite its critical importance. This study aims to evaluate juvenile justice implementation, identify legal gaps, and propose regulatory reconstruction to enhance Restorative Justice effectiveness. This research employs a constructivist paradigm with a socio-legal approach, using descriptive methods and secondary data, including primary, secondary, and tertiary legal sources. Data collection was conducted through literature review and qualitative analysis. The findings indicate that legal protection for children as perpetrators remains insufficient, as current regulations focus on the child’s actions rather than the child as a subject of protection. Key weaknesses are identified in three aspects: legal substance, legal structure, and legal culture. There are no specific provisions for Restorative Justice, law enforcement agencies lack coordination, and public understanding of Restorative Justice remains limited. The study recommends reconstructing regulations to align legal protection with the principles of justice, ensuring that the rights, rehabilitation, and reintegration of child offenders are fully protected.
Asymmetric Decentralization in a Unitary State: Lessons from Pattani, Thailand Triwahyuningsih, Triwahyuningsih; Islahuddin; Putranti , Deslaely
Journal of Human Rights, Culture and Legal System Vol. 5 No. 3 (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.v5i3.602

Abstract

A unitary state centralizes supreme authority within the national government; however, accommodating regional diversity without undermining national unity remains a persistent constitutional challenge. Indonesia’s Daerah Istimewa Yogyakarta and Thailand’s Pattani region illustrate contrasting approaches to the management of asymmetric decentralization within unitary state frameworks. This study compares the constitutional design of asymmetric decentralization in Yogyakarta and Pattani and examines how each state applies the unitary principle in responding to autonomy claims grounded in local identity. The research employs a comparative qualitative method through normative analysis of constitutional provisions and statutory regulations, supported by interviews with relevant stakeholders. The findings demonstrate, first, that the Thai constitutional and statutory framework does not expressly recognize asymmetric decentralization for Pattani and that the central government grants it no special governmental authority distinct from other provinces. Differentiation is confined to religious, linguistic, and educational regulation. Second, the Indonesian constitutional system explicitly grants Daerah Istimewa Yogyakarta a special legal status that confers extensive autonomous authority based on historical legitimacy and cultural identity. Third, Thailand applies the unitary state principle through a rigid and centralized governance model, whereas Indonesia operationalizes it through an approach in managing diversity.

Page 13 of 15 | Total Record : 143

 11   12   13   14   15 

Filter by Year

2021 2026


Reset
Filter By Issues
All Issue Vol. 6 No. 1 (2026): Journal of Human Rights, Culture and Legal System Vol. 5 No. 3 (2025): Journal of Human Rights, Culture and Legal System Vol. 5 No. 2 (2025): Journal of Human Rights, Culture and Legal System Vol. 5 No. 1 (2025): Journal of Human Rights, Culture and Legal System Vol. 4 No. 3 (2024): Journal of Human Rights, Culture and Legal System Vol. 4 No. 2 (2024): Journal of Human Rights, Culture and Legal System Vol. 4 No. 1 (2024): Journal of Human Rights, Culture and Legal System Vol. 3 No. 3 (2023): Journal of Human Rights, Culture and Legal System Vol 3, No 3 (2023): Journal of Human Rights, Culture and Legal System Vol. 3 No. 2 (2023): Journal of Human Rights, Culture and Legal System Vol 3, No 2 (2023): Journal of Human Rights, Culture and Legal System Vol 3, No 1 (2023): Journal of Human Rights, Culture and Legal System Vol 2, No 3 (2022): Journal of Human Rights, Culture and Legal System Vol 2, No 2 (2022): Journal of Human Rights, Culture and Legal System Vol 2, No 1 (2022): Journal of Human Rights, Culture and Legal System Vol 1, No 3 (2021): Journal of Human Rights, Culture and Legal System Vol 1, No 2 (2021): Journal of Human Rights, Culture and Legal System Vol 1, No 1 (2021): Journal of Human Rights, Culture and Legal System More Issue