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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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Effectiveness of Online Single Submission Policy for Faster Land Transactions Compliance Raita Varia; Sudiro, Amad; Mella Ismelina F. Rahayu; Tolib Turgun Ugli Rakhmonov
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.v5i3.781

Abstract

The Job Creation Law, the Online Single Submission–Risk Based Approach, and the Basic Agrarian Law collectively reshape Indonesia’s land licensing system while simultaneously creating substantial regulatory and institutional challenges. This study evaluates the effectiveness of the OSS-RBA policy in accelerating land transaction compliance while preserving legal certainty and administrative efficiency. The research adopts a doctrinal legal method by examining statutory instruments, implementing regulations, and administrative procedures governing land licensing and spatial conformity. To strengthen the analysis, the study integrates a comparative legal approach to assess patterns of institutional coordination and digital governance. The analysis concentrates on three central dimensions: regulatory consistency in land rights verification and spatial suitability, institutional coordination among competent authorities, and the integration of spatial and land information systems. The results show that regulatory overlaps and normative inconsistencies continue to generate legal uncertainty in land licensing. Fragmented institutional authority further weakens coordination and delays administrative decision-making. In addition, limited interoperability between spatial and land databases reduces the effectiveness of digital licensing services. This study concludes that the OSS-RBA policy will effectively accelerate land transaction compliance only through regulatory harmonization, strengthened inter-agency coordination, and the establishment of an integrated spatial–land information system to ensure legal certainty, good governance, and sustainable land administration.
Regulatory Barriers to Consumer Protection in Digital Marketplaces Ariawan, Ariawan
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.v5i3.782

Abstract

The rapid expansion of digital technology has transformed commercial activities from conventional face-to-face interactions into online marketplaces, creating new patterns of consumer vulnerability. Although Indonesia has implemented various regulations through the Consumer Protection Law, the Electronic Information and Transactions Law, and government regulations, existing norms remain unable to address legal risks that arise within digital transactions. This study examines three core issues: first, legal problems and challenges in the implementation of consumer protection for online transactions in Indonesia; second, regulatory differences between Indonesia and Malaysia in governing online buying and selling activities; and third, an ideal policy model for strengthening consumer protection in the digital economy. This research adopts a normative juridical method supported by statutory, conceptual, and comparative approaches. Legal materials are analyzed qualitatively to assess normative gaps and identify reform needs. The study finds three principal results. First, Indonesian regulations remain fragmented, outdated, and unable to accommodate digital-era risks such as information asymmetry, data misuse, and platform liability. Second, Malaysia provides a more comprehensive regulatory framework, particularly regarding transaction validity, business liability, dispute resolution, and sanctions. Third, effective consumer protection requires an integrated reform model that strengthens legal substance, institutional structure, and legal culture to build a more secure, transparent, and equitable digital transaction ecosystem.
Proliferation of Policies on Notarial Supervisory Institutions Based on Justice Akbar, Adi; Desi Kumalasari; Rizal Alamsyah Hadi Saputra; Yekti Mahardika; Uktamjon Zarifjon ugli Tukhtaev
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.v5i3.789

Abstract

The current regulatory framework governing notarial responsibility demonstrates normative inconsistency and insufficient grounding in principles of justice, particularly in fraud-related cases; meanwhile, law enforcement practices continue to impose disproportionate legal liability on notaries. This study examines the principle of justice in assessing the legal responsibility of notaries in the execution of authentic deeds, especially in cases involving allegations of malicious intent (mens rea). It further analyzes deficiencies within the existing regulatory framework and proposes a reconstruction of justice-based regulation to ensure balanced legal protection for both notaries and deed signatories. The study adopts a constructivist paradigm with a sociological juridical approach, supported by doctrinal analysis and theoretical review. It employs a descriptive-analytical research design and is grounded in theories of justice, legal system functionality, and progressive law. The findings demonstrate, first, significant normative disharmony between Article 1 Number 6 and Articles 66A and 67 of the Notary Law, particularly concerning overlapping authority between the Notary Supervisory Board and the Notary Honorary Council, which creates institutional ambiguity in supervision and guidance. Second, these regulatory inconsistencies lead to procedural neglect in law enforcement practice and generate legal uncertainty for notaries, particularly during investigation and prosecution processes. Third, the study proposes regulatory reconstruction through amendments to Articles 15, 16, and 17 to strengthen justice-oriented legal protection while maintaining professional accountability. This reconstruction is essential to ensure legal certainty, institutional coherence, professional independence, and balanced protection for all parties.
Assessing Legal Protection Effectiveness for Women Facing Digital Sexual Violence Purnama Pratiwi, Putri Fransiska; A. Saiful Aziz; Fransiskus Saverius Nurdin; Gunarto; Maggouri Abdelaali
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.v5i3.795

Abstract

The Electronic Information and Transactions Law functions as the principal legal framework for addressing online gender-based sexual violence in Indonesia; however, legal and structural weaknesses within this framework continue to obstruct the achievement of effective legal protection for victims. This study critically examines both the normative construction and empirical implementation of the ITE Law in order to formulate a more victim-oriented model of legal protection for individuals affected by online sexual violence. The research applies a constructivist paradigm through an empirical juridical method and utilizes a socio-legal approach supported by statutory and case-based analyses. This study identifies three principal findings. First, Article 27 paragraph (1) of the ITE Law prioritizes the regulation of digital content over victim protection, thereby weakening the victim-centered approach to online gender-based sexual violence. Second, the reliance on electronic document-based evidence, coupled with persistent victim-blaming practices, constrains the fulfillment of victims’ restitution rights and weakens their procedural legal position. Third, patriarchal cultural dominance sustains social stigma against female victims and discourages access to legal remedies. Based on these findings, this study proposes regulatory reform through the insertion of the phrase “with consent,” reclassification of offenses to protect victim identity, and strengthening public awareness of digital privacy to ensure effective and equitable legal protection.
Indonesian Presidential Election on Presidential Threshold Policy: Evidence from Various Countries Siboy, Ahmad; Sholahuddin Al-Fatih
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.v5i3.639

Abstract

The study develops a constitutional design to regulate the number of presidential and vice-presidential candidates following the Constitutional Court’s annulment of the presidential threshold. It observes that the absence of a model framework from the Court creates a regulatory vacuum that may expose the presidential election to political fragmentation, heightened polarization, and procedural inefficiencies. To address this issue, the research aims to construct a constitutional framework capable of enhancing electoral stability while sustaining democratic competitiveness. The study employs a normative juridical method supported by statutory analysis, case studies, and comparative assessment to identify feasible regulatory alternatives. The analysis demonstrates that the most effective approach to limiting the number of candidates is to regulate the number of political parties eligible to participate in general elections, given their role as the primary gatekeepers of nomination. The findings propose several regulatory instruments, including a moratorium on the establishment of new political parties, stricter requirements for party formation, enhanced eligibility criteria for electoral participation, a minimum age requirement for political parties, a maximum threshold for the number of qualified parties, and the disqualification of previously registered parties that fail to meet revised standards. The study concludes that these mechanisms collectively form a coherent constitutional strategy for maintaining a manageable number of presidential candidates and ensuring the continuity, integrity, and effective governance of the electoral process.
Integrating Environmental Monitoring Policy on State Control Frameworks for Energy Security Narzullayev, Olim; Shukhrat Fayziev; Nariman Rajabov; Shukhratjon Khaydarov; Oybek Otamirzaev
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.v5i3.720

Abstract

Environmental monitoring constitutes a foundational element Environmental monitoring is a fundamental component of state control in the energy sector, yet its practical integration into regulatory decision-making remains limited in many jurisdictions. This article examines how environmental monitoring is incorporated into state-control frameworks to support energy security, focusing on Uzbekistan and Azerbaijan as comparative case studies. The research responds to a pressing legal issue: although both states have formally established monitoring systems through environmental and energy-sector legislation, monitoring outcomes are often procedural, weakly digitalized, and insufficiently linked to licensing, environmental expertise, or enforcement mechanisms. Using descriptive-legal, doctrinal, and comparative legal methods, and drawing upon national legislation, international instruments, and recent regulatory reforms, the study identifies three core findings. First, monitoring results in Uzbekistan seldom influence regulatory or strategic decisions, and institutional fragmentation limits their effectiveness. Second, Azerbaijan experiences comparable difficulties, particularly in relation to transparency deficits, overlapping institutional mandates, and weak integration of environmental data into supervisory processes. Third, liability frameworks in both jurisdictions remain largely declarative and fail to create adequate deterrent effects. The study concludes that enhancing energy security requires legally mandating the use of monitoring results in state decision-making, developing unified digital data systems, improving interagency coordination, and strengthening liability mechanisms. These reforms would align monitoring policy with state-control frameworks and contribute to more sustainable and secure energy governance.
Transparent Peace Fines for Economic Crimes Policy Wijayanti, Suci; Suparji, Suparji; Suwadi , Pujiyono
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.v5i3.794

Abstract

The peace fine mechanism has increasingly been applied as an alternative to formal judicial proceedings in resolving economic crimes in Indonesia. However, its growing use reveals significant juridical and conceptual problems, particularly the lack of an integrated legal framework and the fragmentation of regulation across sectoral laws. These conditions generate legal uncertainty and raise concerns regarding accountability and the potential abuse of discretionary power by law enforcement authorities.  This study aims to examine the normative foundation, scope, and limitations of the peace fine mechanism by focusing on the boundaries of prosecutorial authority and the implications for the principle of legality. To achieve this objective, the research applies a normative legal method with a doctrinal approach, systematically analyzing statutory instruments, including the Economic Crime Law, the Prosecutor’s Law, the Anti-Corruption Law, and relevant sectoral regulations. This study produces three principal findings. First, existing sectoral legislation implicitly recognizes non-judicial settlement mechanisms; however, the Indonesian legal system does not provide a comprehensive regulatory framework that clearly delineates the criteria, procedures, and legal consequences of the peace fine mechanism. Second, the absence of such regulation generates legal uncertainty and enables large corporations to circumvent criminal liability. Third, based on these findings, the study affirms the urgent necessity for the State to formulate and enact a comprehensive Economic Criminal Law to guarantee legal certainty, accountability, and coherence in the application of both judicial and non-judicial settlement mechanisms for economic crimes
Real Justice, Real Impact with the Prosecutors in Action Yofhan Wibianto, Muhamad; Hartiwiningsih, Hartiwiningsih; Gusti Ayu Ketut Rachmi Handayani, I
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.v5i3.804

Abstract

The prosecution service, as dominus litis, plays a pivotal role in ensuring the balance between the principle of legality and the pursuit of substantive justice within the criminal justice system. The enactment of the 2023 National Criminal Code, which formally recognizes the concept of living law, represents a significant paradigm shift by requiring criminal law enforcement to respond to social values and local community norms rather than relying solely on a rigid textual framework. This study addresses two central research questions: first, how the Criminal Procedure Code structurally constrains prosecutorial authority at the investigation and pre-prosecution stages; and second, how the formal recognition of living law generates implementation challenges, including normative conflict, discriminatory application, and legal uncertainty. Using a normative juridical research method with statutory, conceptual, and comparative approaches, this study finds a fundamental paradox within the prosecutorial function. Although prosecutors possess formal legitimacy as controllers of criminal cases, they lack adequate legal instruments to exercise this authority substantively. The absence of clear operational standards for applying living law risks undermining legal certainty and weakening the principle of equality before the law. Comparative analysis of prosecutorial practices in Canada, the Netherlands, and Germany demonstrates alternative models that integrate restorative justice, legal pluralism, and prosecutorial supervision more effectively. This study concludes that strengthening the prosecutorial role requires not merely procedural reform of the Criminal Procedure Code, but also ethical reinforcement, professional capacity building, and judicial verification mechanisms to ensure alignment with constitution, and universal human rights principles.
Doctrinal and Comparative Assessment of GMO Liability Laws in the UAE Imad, Dina; Khater, Maya; Abouhaiba, Nagwa; Qutieshat, Enas; AlMatrooshi, Ali
Journal of Human Rights, Culture and Legal System Vol. 6 No. 1 (2026): 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.v6i1.701

Abstract

Genetically modified organisms (GMOs) have become an integral part of modern biotechnology. However, their increasing use has sparked complex debates. The controversy pertains to balancing the benefits of biotechnological improvements against potential risks to biodiversity and public health.  The current study aims to critically evaluate the legal texts related to accountability and civil liability for damages caused by GMOs. It seeks to assess the adequacy of UAE legislation in establishing effective mechanisms for liability and compensation for environmental and health impacts, thus answering the central question to what extent does the current UAE law enhance accountability compared to international standards. It employs a descriptive-analytical and comparative legal approach based on the analysis and critique of relevant international and UAE legal documents. The findings reveal that the UAE has established an advanced regulatory system aligned with international standards; however, significant legal gaps remain in definitional clarity, sanctions framework, liability rules, and enforcement provisions. The study concludes with a synthesis table and figure mapping points of convergence and difference between national and international instruments. The study recommends further development of the rules related to compensation and penalties to ensure appropriate legal deterrence for GMO-related harm and calls for legislative amendments that enhance the clarity of texts and their integration with international frameworks.
State Loss Settlement Policies in the Bank Indonesia Liquidity Assistance Case Hasbullah, Hasbullah; Adolf, Huala; Suseno, Sigid
Journal of Human Rights, Culture and Legal System Vol. 6 No. 1 (2026): 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.v6i1.798

Abstract

Despite extensive policy and legal responses to the Bank Indonesia Liquidity Assistance (BLBI) program, existing scholarship has predominantly concentrated on macroeconomic stabilization measures, institutional accountability, and post-crisis regulatory reform. However, these studies have paid limited attention to the mechanisms of fund misappropriation at the implementation level and to the normative gaps in supervisory and legal frameworks that enabled state financial losses.   This study examines legal and structural causes of ineffective BLBI loss recovery, evaluates comparative crisis resolution frameworks, and formulates an ideal legal model ensuring certainty, asset recovery, and public interest protection. The research adopts a normative legal methodology employing legislative, conceptual, and case-based approaches. The findings demonstrate that, first, the BLBI dispute exposes systemic deficiencies in Indonesia’s law enforcement system, particularly weaknesses in substantive legal norms, institutional capacity, and legal culture, which collectively prolonged dispute resolution and imposed a substantial fiscal burden on the state. Second, comparative analysis shows that countries such as Thailand and South Korea effectively managed banking liquidity through independent, coherent, and responsive legal frameworks, while Indonesia continues to encounter structural constraints that impede effective BLBI settlement. Third, effective recovery of state losses requires the reconstruction of an integrated legal framework that prioritizes legal certainty, asset-focused enforcement, institutional independence, legal culture reform, and clearly defined national procedures, supported by robust inter-agency coordination and international cooperation to prevent the recurrence of structural impediments.

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