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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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Establishing Consumer Trust Through Data Protection Law as a Competitive Advantage in Indonesia and India Prastyanti, Rina Arum; Sharma , Ridhima
Journal of Human Rights, Culture and Legal System Vol. 4 No. 2 (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.v4i2.200

Abstract

Data protection laws play a crucial role in enhancing consumer trust in the digital economy, especially with the rise of online cybersecurity threats due to firm expansion. Despite advances, personal data protection laws remain controversial globally, with challenges in implementation hindering progress in some regions. This research examines the competitive advantage of building consumer trust through the Personal Data Protection Law. This research uses juridical-normative research with a legislative approach and comparison with other countries. A comparison was made with India, one of the countries with higher awareness of the importance of personal data protection laws than other countries. The results show that Consumer trust in a company is measured by the extent to which they believe the company will protect their data. Public privacy policies and government regulations that enforce data security measures and increase transparency positively impact trust by reducing concerns about privacy risks. Although data protection laws have been introduced, obstacles such as lack of legal assistance and overlapping sectoral regulations still exist, hindering the smooth implementation of these laws. Nevertheless, implementing data protection laws, such as Indonesia's Private Data Protection Law No. 27 of 2022 and India's Digital Personal Data Protection Act of 2023, is crucial for boosting consumer confidence and regulating data processing. Data security is critical in establishing and maintaining consumer trust in companies as online cybersecurity threats increase with business expansion.  
The Effectiveness of Accelerating Halal Product Certification: Regulations and Companions Rofi'ah, Khusniati; Safira, Martha Eri; Rosele , Muhammad Ikhlas
Journal of Human Rights, Culture and Legal System Vol. 4 No. 2 (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.v4i2.203

Abstract

A variety of regulations have regulated halal certification policies. However, the implementation of accelerated halal certification regulations in Indonesia has not been effective because there still needs to be improvement in substance, structure, and legal culture. This research aims to analyze the effectiveness of accelerating halal certification between Indonesia and Malaysia. This socio-legal research uses a comparative approach with Malaysia. The data used are primary and secondary interviews, surveys, case studies, and literature studies.  The research results show that, first, that the effectiveness of halal product regulations in Indonesia has yet to be maximized in terms of substance, structure, and legal culture. Second, the regulatory and companion factors required for halal certification are strategies to accelerate halal certification in Indonesia. The government must promptly enhance regulations regarding halal products, supervise law enforcement, and conduct outreach and education initiatives for the public in response to the numerous challenges encountered in expediting halal product certification. This research will impact accelerating certification, which can increase economic growth and serve as a legal basis for formulating the adoption of Indonesian government regulations.
Zakat Maal Management and Regulation Practices: Evidence from Malaysia, Turki and Indonesia Mukhlishin, Mukhlishin; Wahab , Abdul; Setiaji, Bambang; Tazhdinov, Magomed
Journal of Human Rights, Culture and Legal System Vol. 4 No. 2 (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.v4i2.204

Abstract

This research investigates the management and regulatory practices of zakat maal (wealth tax) in Malaysia, Turkey, and Indonesia, aiming to provide a comparative analysis grounded in empirical data. Methodologically, the study employs a comparative qualitative analysis based on secondary data from academic literature, government reports, and institutional publications. The results show, first, Malaysia employs a centralized and technologically integrated approach, ensuring transparency and efficiency in zakat collection and distribution. In contrast, Turkey adopts a decentralized model driven by non-governmental organizations and community participation, fostering flexibility but posing challenges in standardization and oversight. Indonesia's hybrid model combines governmental oversight with private sector involvement, aiming to balance regulatory control with local adaptability, yet needs help in coordination and public trust. Second, the policy enhancements such as improved coordination mechanisms, strengthened regulatory frameworks, and enhanced public awareness to optimize Zakat's role in poverty alleviation and social welfare across Malaysia, Turkey, and Indonesia. This research contributes to the broader discourse on Islamic finance and social policy by providing nuanced insights into zakat management practices, offering valuable implications for policymakers, practitioners, and scholars interested in enhancing zakat efficacy globally.
Judges' Philosophical Orientation in Resolving Anti-SLAPP Disputes Rachmawaty, Rachmawaty; Hartiwiningsih, Hartiwiningsih; Rachmi Handayani, I Gusti Ayu Ketut; Danendra, Ravi
Journal of Human Rights, Culture and Legal System Vol. 4 No. 1 (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.v4i1.215

Abstract

The Anti-SLAPP mechanism in Indonesia still needs to fulfill the four fundamental dimensions of effective Anti-SLAPP. Deciding on Anti-SLAPP in an interim decision is a progressive step because it is a translation of the Anti-SLAPP mechanism in the form of a case dismissal procedure as early as possible. Because no complete rules govern it, this creates confusion for judges. This research aims to analyze the philosophical orientation of judges in resolving disputes for anti-strategic lawsuits against public participation fighters based on Pancasila justice. This research is normative legal research employing two approaches—a philosophical approach and a conceptual approach—and collects and obtains data through direct interviews with judges. This research shows that the Judge's decision in resolving anti-SLAPP disputes based on Pancasila values still needs to be stronger. So, development that damages the environment and benefits the government and corporations will continue. Based on these facts, it is known that the regulation and implementation of anti-SLAPP in Indonesia still do not provide justice for all elements of it because one of the causes is the limitations of the existing anti-SLAPP rules in Indonesia. The factors that caused the Judge's decision not to be based on Pancasila justice can be seen from the lack of legal protection for environmental fighters in Indonesia. Then, the Judge's philosophical orientation in resolving Anti-SLAPP disputes with Pancasila justice refers to the five principles of Pancasila.
Blocking Dangerous Content in Electronic Communications Networks: Evidence from Netherlands, United States and Singapore Mulyawarman, I Gede Adhi; Arya Sumerta Yasa, Putu Gede; Cait, Lamberton
Journal of Human Rights, Culture and Legal System Vol. 4 No. 1 (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.v4i1.216

Abstract

In recent years, the blocking of internet sites with harmful content or those deemed to be (illegal content) has increased. The policy of blocking dangerous sites has pros and cons regarding freedom of expression. Blocking is considered to be carried out to control citizens' expression, which can impact all areas, especially freedom of opinion, which can be seen as a threat to certain parties. This research aims to compare criminalization policies for blocking dangerous content in electronic communications networks in the Netherlands, the United States, and Singapore and provide thoughts on law enforcement models for blocking dangerous content in more democratic electronic communication networks. This is normative legal research using a law and case approach and comparing several countries. The conceptual approach is directed at the concept of a democratic state and the protection of human rights to formulate relevant policy models. The results of blocking studies in the Netherlands, The USA, and Singapore already have regulations and policy directions for blocking dangerous content, or at least rules regarding law enforcement for cybercrime. The difference is in the level of sensitivity to the specifications of existing problems. The policy model for blocking dangerous content with special regulations outside the Criminal Code must be carried out in a non-repressive manner so that it does not violate the ultimum remedium principle and becomes over-criminalized. The formulation of policy model of all crime prevention plans using the criminal law system, which pays attention to the problem of formulating criminal acts (criminalization), criminal responsibility, and criminal regulations and punishment.
Does the Government’s Regulations in Land Ownership Empower the Protection of Human Rights? Hariyanto, Hariyanto; Azizah, Mabarroh; Nurhidayatuloh, Nurhidayatuloh
Journal of Human Rights, Culture and Legal System Vol. 4 No. 2 (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.v4i2.222

Abstract

Protection of land ownership has been regulated in various policies to protect human rights. However, it is essential to comprehensively examine the government's role in protecting land ownership because there are still various land conflicts. This research analyzes the government's role in protecting land ownership based on human rights principles and compares it with the Netherlands. This research uses a normative legal approach, using laws and cases and comparing policies with the policies of other countries. The research results show first, the Indonesian government guarantees the protection of land ownership through basic regulations on agrarian principles and the Indonesian government is trying to protect land ownership by registering land, limiting foreign land ownership, and developing governance plans at the regional level. Second, the Dutch government protects land ownership through a systematic, transparent land registration system implemented effectively to provide legal certainty for owners, investors, and related parties. Thirdly, Indonesia's regulatory approach adheres to the  basic regulations on agrarian principles  system, and the Netherlands uses civil law. However, both countries experience the same problems, such as land ownership disputes and scarcity. Therefore, the government needs to implement human rights-based policies through a transparent and fast land ownership process and public consultation in resolving land disputes.
The Relevance of Ihdad Regulations as a Sign of Mourning and Human Rights Restriction Zaidah, Yusna; Raihanah Abdullah
Journal of Human Rights, Culture and Legal System Vol. 4 No. 2 (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.v4i2.229

Abstract

Ihdad is a form of mourning carried out by families. The sharia mandates ihdad for women who have lost their husbands. There is no fiqh regarding ihdad for husbands. It often gives rise to the perception that there is a tendency to discriminate against women. However, customary law has regulations for mourning periods for husbands. This article aims to determine the relevance of Islamic law in regulating the mourning period for women and men with the value of protecting human rights. The research was carried out normatively by comparing shariah, positive legal regulations in Indonesia, notably the customs of the Banjar community, and regulations in Malaysia. The theories underlying this research include customary law theory, al-maslahah, and human rights protection. The results of this research illustrate that Islamic fiqh does not regulate ihdad for husbands. In Indonesia, KHI regulates the mourning period (ihdad) not only for wives but also for husbands. Meanwhile, in Malaysia, there is no ihdad for husbands, and the rules are explicit in the Enactment of the Islamic Family Law. The customary law of the Banjar community regulates the mourning period for the husband by not remarrying and not interfering with inheritance matters during the mourning period for a period of one hundred days. Customary laws that do not conflict with sharia and meet the requirements for implementing 'urf can be implemented. Ihdad is and will continue to be relevant to protecting human rights by prioritizing the values of maslahah and respect. The rules in Indonesia and Malaysia are based on Islamic law, considering religious and humanist values in the form of leniency.
The Effectiveness of Recovering Losses on State Assets Policy in Dismissing Handling of Corruption Rukmono, Bambang Sugeng; Suwadi , Pujiyono; Saiful Islam , Muhammad
Journal of Human Rights, Culture and Legal System Vol. 4 No. 2 (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.v4i2.259

Abstract

The recovery of state financial losses due to corruption in Indonesia does not reduce the criminal risk for corruptors, and the purpose of this study is to examine the effectiveness of asset forfeiture from corruption in Indonesia. This comparative normative legal research compares the recovery of state losses due to corruption in Indonesia and Saudi Arabia. This research confirms that. First, the current legal framework for collecting and seizing corruption-related assets in Indonesia must be revised to recover state financial losses. Second, the existing mechanisms need to be improved for law enforcement against corruption, particularly the recovery of state losses. When compared to Saudi Arabia, the mechanism for recovering corruption assets in Indonesia is less efficient, considering that in Saudi Arabia, corruptors may lose 70% of their wealth confiscated by the Saudi Arabian government. Third, the seizure of corrupt assets in Indonesia must use the paradigm of unexplained wealth. This approach allows for confiscating assets belonging to people whose value is grossly disproportionate to their known income and who cannot prove (using reverse proof) that they acquired the assets legally.
Digitalization of Legal Transformation on Judicial Review in the Constitutional Court Setiawan, Heru; Ketut Rachmi Handayani , I Gusti Ayu; Hamzah, M. Guntur; Tegnan , Hilaire
Journal of Human Rights, Culture and Legal System Vol. 4 No. 2 (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.v4i2.263

Abstract

Efficient, affordable, and uncomplicated justice poses a complex dilemma within the Indonesian judicial system. However, applying technological advancements to assessing legal regulations can resolve this issue. This research aims to examine the necessity and implementation of digitalization in the Constitutional Court's judicial review process. This research utilized a normative legal approach, characterized by its prescriptive and applied nature, to examine the development and implementation of digitalization in the justice systems of the European Union, the United States, and the United Kingdom through comparative studies. The research results show that: first, technology in the Constitutional Court's judicial review process can most effectively promote openness and clarity in the decision-making procedure. However, there remain several areas in which the Constitutional Court must further refine itself to attain digital status, as inconsistencies persist in its practical rulings. Consequently, the Constitutional Court must increase the rate of digital transformation in its judicial review operations. Second, numerous other nations, including the European Union, the United Kingdom, and the United States, have observed the implementation of technological advancements, leading to enhanced transparency and accessibility in their justice systems. Thirdly, to overcome the challenges above, we must apply the fundamental principles of good judicial governance, procedural law at the Constitutional Court, the paperless principle, and the contactless service principle when developing digital transformation for future judicial review at the Court. This will enable us to achieve transparency and accessibility in the Constitutional Court's judicial system.  
The Regulation of Legal Protection for Poor Communities Toward Justice in Indonesia and the Netherlands Partogi Sihombing , Januardo Sulung; Saraswati , Retno; Yunanto, Yunanto; Turymshayeva , Arida
Journal of Human Rights, Culture and Legal System Vol. 4 No. 2 (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.v4i2.274

Abstract

Poor people often have difficulty accessing legal aid in court. In the criminal, civil, and state administrative justice systems, providing legal assistance to the poor is essential for achieving justice. This research aims to illustrate how legal aid, provided by advocates, can transform the reality of justice for impoverished individuals. This study uses normative legal research, providing a descriptive account through a legal framework encompassing legal aid, the judiciary, judicial authority, and advocates. The research also uses a conceptual approach to human rights and justice, aiming to establish an ideal model of legal protection for people experiencing poverty. The research results demonstrate that providing legal assistance to people experiencing poverty not only shields the community from arbitrary actions by the authorities that violate the law but also fosters order and peace, ensuring the community receives justice. However, in Indonesia, establishing criteria for the impoverished remains challenging; structurally, the institutional budget is insufficient; culturally, the impoverished often harbor misconceptions and skepticism about the quality and affordability of legal aid. Meanwhile, in the Netherlands, providing legal protection is carried out through legal assistance, with the consideration of offering toevoeging and consideration of legal assistance based on people's salaries. Based on the number of cases for which assistance is provided, the results and public awareness are much better, although not optimal. The concept of providing legal aid must also be directed towards a responsive and structural type, combined with the concept of access to law and justice. Budgetary policies or rules must be regulated concretely and balanced from the individual validation stage, selecting the type of service and appointing a lawyer for evaluation.

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