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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 150 Documents
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Legal Challenges and Policy Implications for Property Rights Protection in Uzbekistan Bakhromjon Rakhimjonovich Topildiev; Yunus Mukhitdinovich Khodjiev; Nuriddin Aktam ugli Shermatov; Asalya Sultonmurodovna Kayumova; Dildora Elmuradovna Abdullaeva
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.v6i1.893

Abstract

Property rights protection in Uzbekistan has been supported by various legal policies and institutional frameworks; however, its practical effectiveness remains limited. This study aims to examine the underlying causes of these deficiencies, particularly focusing on the lack of doctrinal clarity, inconsistent categorization of legal remedies, and disparities in judicial practices, especially in compensation disputes and land acquisition cases. The research employs a normative legal methodology, incorporating legislative, conceptual, historical, case-based, and comparative approaches to provide a comprehensive analysis. The findings indicate that Article 164 of the Civil Code establishes a solid normative basis by recognizing the rights to own, use, manage, and protect property. Nevertheless, the historical evolution of the legal system, shaped by Islamic and customary traditions, Soviet-era state control, and post-independence reforms, has contributed to persistent inconsistencies in judicial application. The study further identifies key challenges in determining ownership, distinguishing between proprietary and obligational claims, and ensuring uniformity in judicial decisions related to compensation and public interest. Comparative insights demonstrate the importance of coherent legal interpretation, precise legal definitions, and transparent remedial mechanisms. This study concludes that strengthening the legal framework and promoting consistent judicial enforcement are essential to ensuring effective and reliable property rights protection in Uzbekistan.
Marriage Governance and Legal Pluralism in Central Asian Family Law Systems Nurillo Fayzullaevich Imomov; Umida Muminovna Makhmudkhodjayeva; Zavkiddin Aminovich Amonov; Duysenbay Tolybaevich Saparov; Azimjon Abdumumin Ugli Ibrokhimov
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.v6i1.895

Abstract

Existing studies insufficiently examine the interaction between state law, Islamic law, and customary norms in determining the validity of marriage, particularly in relation to legal recognition, registration procedures, and the protection of family rights within pluralistic family law systems in Central Asia. This study analyses how different legal systems respond to such pluralism and identifies its implications for legal certainty and social legitimacy. The research applies a normative juridical method with doctrinal and comparative approaches to assess the relationship between national family law frameworks and socio religious norms. The findings indicate that first, Uzbekistan prioritises state registration as the principal determinant of marital validity, thereby emphasising formal legal certainty within its family law system. Second, Indonesia adopts an integrative approach that recognises both religious legitimacy and administrative registration as essential elements in determining marital validity, reflecting a more accommodative model of legal pluralism. Third, these differing approaches demonstrate distinct strategies in balancing legal certainty with prevailing social and religious values, thereby underscoring the importance of regulatory harmonisation to ensure legal protection, institutional coherence, and broader social acceptance of marriage within pluralistic legal systems.
Achieving Efficiency with Justice in the Reform of Anti-Corruption Law Enforcement in State-Owned Enterprises Amir Firmansyah; Suparji; Pujiono Suwandi
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.v6i1.898

Abstract

The anti-corruption law enforcement approach in Indonesian State-Owned Enterprises (SOEs) is primarily repressive, necessitating a system that incorporates economic efficiency and legal justice. This situation results in legal uncertainty, the potential criminalization of legitimate business decisions, and low effectiveness in eradicating corruption. The objective of this investigation is to evaluate deficiencies in the anti-corruption law enforcement system in Indonesian SOEs and to develop a model for reconstructing law enforcement that incorporates the principles of efficiency and justice. The research methodology employed is a normative juridical approach, incorporating conceptual, statutory, and comparative approaches. The results suggest that, first, primary weaknesses are the ambiguous boundaries between business risks and corruption, regulatory fragmentation, and the weak integration between prevention and law enforcement mechanisms. Secondly, Singapore's success in eradicating corruption in SOEs is attributed to the strict separation of state and corporate functions through Temasek Holdings, which is bolstered by independent and effective law enforcement by the Corrupt Practices Investigation Bureau. Third, this study suggests an Efficiency-Justice-Based Anti-Corruption Enforcement model that integrates repressive, preventive, and restorative approaches within a coherent legal framework. This model includes the following: the internalization of compliance systems at the corporate level, the increased independence of law enforcement agencies, the harmonization of regulations, the strengthening of the business judgment rule, and the redefining of the concept of state losses.
The Illusion of Integrating Customary Law into Indonesia’s Contract Law System on the Communal Sanctions Policy Forum I Wayan Wahyu Wira Udytama; Mella Ismelina Farma Rahayu; I Wayan Gde Wiryawan
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.v6i1.896

Abstract

The Indonesian legal system is characterized by pluralism, where customary law exists alongside formal national law. Although customary law is normatively recognized, its integration into the national contract law system remains limited. This study aims, first, to analyze the normative integration of customary law and contract law in Indonesia; second, to compare the practice of customary law integration in Indonesia with Malaysia; and third, to formulate an ideal model for integrating customary law and contract law systems in the context of communal sanctions. The research employs normative legal methods with a threefold analytical approach are statutory, conceptual, and comparative. The findings indicate that, first, the integration of customary law into Indonesia’s contract law system is still primarily normative and not operational, as reflected in the application of the kasepekang sanction, which demonstrates a dualism between communal customary law and individualistic national contract law, resulting in legal uncertainty and potential injustice. Second, comparative analysis with Malaysia shows that although both countries recognize customary law, Indonesia lacks adequate operational mechanisms, whereas Malaysia implements constitutional, legislative, and judicial approaches that are more effective in contractual practice. Third, the ideal integration model in Indonesia requires transforming communal sanctions into mechanisms that are transparent, proportional, and restorative, aligned with human rights principles and contractual justice.
The Effects of Deradicalization Standardized Policy in Advancing Human Security Ina Purnaningati Saputro; Sri Endah Wahyuningsih; Josua Natal Andus Muara Tampubolon; Muhammad Zulfan Tanjung; Clarizze Yvoine Mirielle
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.v6i1.906

Abstract

Terrorism represents an extraordinary crime because it generates extensive and complex impacts that compel the state to formulate responses beyond purely repressive measures by emphasizing preventive and rehabilitative strategies. The government implements deradicalization programs for terrorist inmates within correctional institutions to reinternalize Pancasila values, transform radical ideologies, and facilitate effective social reintegration. This study analyzes the implementation of deradicalization programs through the perspective of Pancasila values and evaluates the role of correctional institutions within the integrated criminal justice system. This research applies a normative legal method by employing statutory, conceptual, and case approaches and by relying on library-based data derived from legislation, legal doctrines, and relevant academic literature. The findings demonstrate that the legal framework supporting deradicalization programs provides an adequate foundation, yet practical implementation continues to face substantial challenges, including limited institutional capacity, weak internalization of Pancasila values, and the persistence of recidivism among terrorism offenders. These findings indicate that existing policies have not fully achieved their intended objectives. Therefore, this study concludes that the state must strengthen the role of correctional institutions by improving the quality of rehabilitation programs, enhancing coordination among institutions, and developing a more comprehensive approach based on Pancasila values in order to ensure the effectiveness of deradicalization efforts and to advance broader human security objectives.
Legal Protection of Creditors with Rejected Claims under Debt Payment Suspension Framework Anis Mashdurohatun; Jamaslin James Purba; Edi Purwanto; Gunarto Gunarto; Henning Glaser
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.v6i1.916

Abstract

The legal framework governing the Suspension of Debt Payment Obligations facilitates equitable debt restructuring; however, it fails to provide adequate protection for creditors whose claims debtors reject because it lacks a clear dispute resolution mechanism that ensures legal certainty and upholds justice. This study applies a normative juridical method through statutory, conceptual, and analytical approaches. It constructs its theoretical foundation upon principles of justice, the normative values of Pancasila, and progressive legal thought in order to evaluate both normative coherence and substantive fairness. The results demonstrate that first, the current system fails to provide adequate legal protection for creditors because it does not establish a renvoi mechanism to resolve disputed claims within the process, which creates uncertainty in claim verification. Second, the system depends on the discretionary authority of the supervisory judge, which does not consistently produce fair and predictable outcomes for creditors. Third, the regulatory framework prioritizes procedural efficiency over the realization of substantive justice, thereby weakening the protection of creditor rights and indicating the need for legal reconstruction to develop a more balanced framework that ensures legal certainty, fairness, and effective dispute resolution.
The Protection Policies on Predatory Digital Credit Traps Students: Lessons from Indonesia Ali Masyhar; Pupung Purnawarman; Nunung Suryati; Sri Setyarini; Muhammad Azam
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.v6i1.862

Abstract

This study examines the increasing practice of illegal online lending that targets university students and places them in financially vulnerable conditions. The rapid growth of digital lending services has expanded access to credit, but it has also enabled predatory schemes that exploit students with limited income and insufficient financial literacy. This research aims to analyze the factors that encourage student involvement in illegal online lending, identify the operational patterns adopted by unlawful lenders, and formulate effective measures for risk protection. The study uses a sociolegal approach that combines normative legal analysis with empirical data gathered through questionnaires and interviews with students. The findings show that, first, many students understand that online loans do not offer sustainable solutions to financial difficulties, yet many remain unable to distinguish lawful platforms from unlawful services. Second, financial pressure, immediate access to funds, persuasive digital promotion, and limited awareness of legal risks significantly increase student exposure to illegal lending. Third, illegal lenders impose excessive charges, misuse personal data, employ coercive collection methods, and generate financial instability, psychological distress, and declining academic performance. This study concludes that student vulnerability to illegal online lending reflects a structural problem that requires stronger regulation, university-based protection mechanisms, and continuous financial literacy programs.
Revisiting Coastal Spatial Permitting Regulations toward Sustainable Coastal Zone Management Didi Nursidi; Sugianto Sugianto; Nurul Chotidjah; Roqiyul Ma’arif Syam
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.v6i1.889

Abstract

Indonesia faces increasingly complex challenges in managing coastal zones because the rapid expansion of marine spatial utilization has not been followed by an integrated, coherent, and consistent permitting governance system. This study analyzes regulatory inconsistencies in coastal spatial permitting, examines foreign regulatory frameworks through comparative assessment, and formulates a more adaptive and integrated model of coastal permitting governance. The research applies a normative legal method through statutory, comparative, and case study approaches. The findings present three major conclusions. First, Indonesia’s coastal spatial permitting regime contains horizontal, vertical, and temporal inconsistencies among overlapping legal norms and institutional arrangements. These conditions fragment governmental authority, create legal uncertainty, weaken coordination between central and regional institutions, delay approvals for Conformity of Marine Spatial Utilization Activities, and trigger recurring conflicts in coastal space utilization. Second, comparative analysis of the United Kingdom and China demonstrates that effective coastal governance requires integrated spatial planning, strong institutional capacity, and coherent regulatory design. These elements clarify authority allocation, improve licensing efficiency, and strengthen environmental protection. Third, reform of the permitting system through the Coastal Waters Spatial Utilization Conformity framework should integrate planning and licensing mechanisms, apply an ecosystem-based approach, strengthen digital and spatial data systems, expand meaningful public participation, and improve interinstitutional coordination. These measures can create a more equitable, transparent, and sustainable model of coastal governance in Indonesia.
Bedroom Crimes: When Private Desire Meets Criminal Law Sidauruk, Hamonangan Parsaulian; Koswara; Imam Maskur; Muhammad Shidqi Baidlowi; Tajudeen Sanni
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.v6i1.940

Abstract

Pornography offenses continue to raise significant legal concerns because criminal law seeks to safeguard morality, privacy, and human dignity, while the current regulatory framework still allows personal possession or storage of pornographic material. This exception creates uncertainty in legal interpretation, weakens enforcement, and limits protection for victims, especially in cases involving hidden recordings, digital exploitation, and misuse of intimate images when offenders claim personal use. This study aims to examine whether the regulation of pornography for personal use reflects justice, to identify weaknesses in the current legal framework, and to formulate a fairer regulatory reconstruction. This study employs a socio legal research method that combines normative legal analysis with empirical assessment of social realities, law enforcement practices, and public responses. The study evaluates statutory provisions together with actual cases to measure the gap between legal norms and practical implementation. The findings show that the current regulation does not achieve justice because the personal use exception creates a loophole that allows harmful conduct to avoid criminal sanctions. The study identifies three weaknesses. First, the substance of the law contains ambiguity and multiple interpretations that weaken its objectives. Second, the legal structure remains fragmented and less responsive to digital crime. Third, legal culture reflects permissive attitudes that treat pornography as a private matter despite broader social harm. This study concludes that lawmakers should remove the personal use exception and establish clear rules that ensure dignity, morality, privacy, certainty, and justice.
Reforming Supervision in State-Owned Insurance Enterprises: Lessons from South Korea Sitorus, Daniel Kristanto; Sulistiyono, Adi; Suwadi, Pujiyono; Andi Tri Haryono
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.v6i1.923

Abstract

Indonesia’s insurance sector continues to expand rapidly, particularly within state owned enterprises managing substantial public funds. However, corruption cases involving PT Asuransi Jiwasraya and PT Asabri exposed weaknesses in corporate governance, regulatory supervision, and institutional coordination that hinder effective prevention of financial misconduct.  This study analyzes weaknesses in Indonesia’s current supervisory regime and formulates an anti-corruption supervisory model for state owned insurance companies. The study applies normative legal research through statutory, conceptual, and comparative approaches.  The findings reveal that, first, Indonesia’s supervisory system has not established effective risk-based control mechanisms, continuous monitoring systems, or integrated preventive supervision, which consequently weakens the capacity to detect and prevent corruption within state owned insurance companies at an early stage. Second, this study develops a hybrid supervisory model that integrates legal fraud detection, risk-based supervision, early warning mechanisms, legal audits, compliance assessment, administrative veto authority, and preventive involvement of the Attorney General’s Office of the Republic of Indonesia in order to strengthen anti-corruption governance and enhance the protection of public finances.

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