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International Journal of Educational Review, Law And Social Sciences (IJERLAS)
Published by CV. RADJA PUBLIKA
ISSN : -     EISSN : 2808487X     DOI : https://doi.org/10.54443/ijerlas
Core Subject : Religion, Humanities, Science, Education, Social,
Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other
This journal accepts articles on results of the research in fields of Education, Cross Culture, Law, Environmental Empowerment which are the latest issues from the results of activities or practical implementations that are problem solving, comprehensive, meaningful, latest and sustainable findings with clear goals and visionary in various activities that have innovation and creativity. So that they do not just replicate the same activities in different places but must have to measurable results and impacts for society and support the achievement of the goals set in modern human development.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 80 Documents
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Search results for , issue "Vol. 5 No. 5 (2025)" : 80 Documents clear
THE EFFECT OF INCENTIVES AND WORK FACILITIES ON TEACHERS' WORK MOTIVATION AT THE AL-KARIM EDUCATION FOUNDATION MORAWA CAPEX Safira Aisya Ulyasari; Sri Gustina Pane; Julkarnain
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3737

Abstract

The purpose of this study is to determine the effect of incentives and work facilities on teacher work motivation at the Al-Karim Tanjung Morawa Education Foundation. This study uses a quantitative method, data sources are obtained from secondary data, namely respondent data and primary data sources, namely interviews, observations and questionnaires distributed directly to respondents. The population in this study were 35 teachers at the Al-Karim Tanjung Morawa Education Foundation, sampling using non-probability sampling techniques with saturated samples because the research population is relatively small. The data analysis method uses validity and reliability tests to determine the accuracy of the measuring instruments used in the study, then classical assumption tests, multiple linear regression tests and hypothesis tests are tested using SPSS version 27. The results of this study indicate that incentives have a positive and significant effect on teacher work motivation at the Al-Karim Tanjung Morawa Education Foundation, work facilities have a positive and significant effect on teacher work motivation at the Al-Karim Tanjung Morawa Education Foundation, and incentives and work facilities simultaneously have a positive and significant effect on teacher work motivation at the Al-Karim Tanjung Morawa Education Foundation.
CHALLENGES IN IMPLEMENTING OPTIONAL CLAUSES IN INTERNATIONAL SALE OF GOODS AGREEMENTS(CHALLENGES IN APPLYING CHOICE CLAUSES IN INTERNATIONAL SALE OF GOODS CONTRACTS) Priscillia Putri Feliana
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3757

Abstract

This research analyzes the application of choice of law and choice of forum clauses in international sale of goods contracts by Indonesian courts. It highlights the inconsistencies in juridical decisions which often confuse or ignore these concepts, causing legal uncertainty. Using a juridical-dogmatic method, the study explores four contractual clause conditions: both clauses present, only choice of law, only choice of forum, and neither. By examining several court decisions, the study reveals conceptual confusion and misapplication of private international law (PIL). It concludes that courts should distinguish these clauses clearly and apply relevant PIL principles. The study recommends ratifying the Draft Bill on PIL by adopting HCCH principles to guide judges in transnational disputes.
RATIO DECIDENDI IN DETERMINING RIGHTS TO RESTITUTION FOR CHILDREN AS VICTIMS OF RAPE Jessyca Fatmawaty Hutagalung; Setiawan Noerdajasakti; Faizin Sulistio
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3764

Abstract

This study discusses the legal regulations and basis for judges' considerations (ratio decidendi) in determining the right to restitution for children as victims of rape. The granting of restitution is often inconsistent due to differences in judges' interpretations of applicable legal norms, particularly the Child Protection Law and the Law on Sexual Violence. This study uses a normative juridical method with a qualitative approach through a review of the Cikarang District Court Decision Number 225/Pid.Sus/2024/PN.Ckr and the Padang District Court Decision Number 327/Pid.Sus/2019/PN.Pdg. The results of the study indicate that the judges in both decisions based their restitution determination on the principles of protecting victims' rights, restorative justice, and comprehensive recovery for the victims' physical, psychological, and social losses. In the Cikarang District Court Decision, restitution was awarded in the amount of Rp 29,800,000 and Rp 15,183,000 to the two child victims, while in the Padang District Court Decision the restitution awarded was much larger, namely Rp 194,125,000 to the victim's parents. The difference in nominal values occurred due to differences in the details of the proof of losses and the lack of standard technical guidelines in calculating restitution. From these findings, it can be concluded that although restitution has been recognized as an inherent right of child victims, the practice of determining restitution remains diverse and has the potential to create legal uncertainty. Therefore, clearer synchronization of regulations and technical guidelines is needed to optimize the fulfillment of restitution and ensure the protection and restoration of victims' human rights.
THE URGENCY OF LEGAL REGULATIONS RELATING TO THE AUTHENTICATION OF EVIDENCE ELECTRONICS IN THE INDONESIAN CRIMINAL JUSTICE SYSTEM Fayadh Ayyasi Regar; Milda Istiqomah; Faizin Sulistio
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3773

Abstract

This study aims to analyze the urgency of electronic evidence authentication in the Indonesian criminal justice system and formulate future legal regulations that provide legal certainty regarding the validity of electronic evidence. The research method used is a juridical-normative with a statutory and conceptual approach, which is based on a literature review of national regulations and international legal instruments such as the Budapest Convention. The results of the study indicate that the absence of provisions for electronic evidence authentication in the Criminal Procedure Code creates legal uncertainty and opens up opportunities for digital evidence manipulation in court. The discussion emphasizes the importance of digital forensics as a technical authentication mechanism to ensure the integrity, authenticity, and reliability of electronic evidence. In addition, the conformity of electronic evidence with the principles of relevance and legality is still not fully regulated in the criminal procedural law system. The conclusion of this study is that electronic evidence authentication needs to be immediately regulated firmly in legislation as a form of adaptation to developments in information technology to realize justice and legal certainty in the digital era
THE POWER OF EVIDENCE OF WITNESS TESTIMONY OBTAINED FROM CHILD VICTIMS UNDER 15 (FIFTEEN) YEARS OF AGE IN CRIME AGAINST CIVIL ACTIONS Trisna Gamayanti Ma’na
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3774

Abstract

One of the pieces of evidence in criminal cases is testimony based on things heard, seen and experienced by the witness directly related to the crime that occurred. Testimony is given by a person who is legally considered an adult and meets the qualifications as a valid witness as regulated in Law Number 8 of 1981. This condition does not cause obstacles in the process of proving a crime, but sometimes a crime or criminal event is only witnessed by a child, especially if the child is under 15 (fifteen years old) who is the victim of the crime. If we look at the provisions contained in Article 171 letter (a) of Law Number 8 of 1981, a child who witnesses by seeing, hearing and/or experiencing the crime himself by stating the reasons based on their knowledge can give testimony without being sworn in. Therefore, it is permitted to obtain information from child witnesses. However, the position of witness information obtained from child victims of crimes against morality which is basically not sworn in could result in the defendant of the crime against morality arguing in court that the crime allegedly committed by the defendant was done on the basis of mutual consent and not by coercion. This certainly needs to be carefully examined by the judge in the process of proof in order to assess the evidence as a consideration for the judge in sentencing decision. When resolving a case, it is necessary to pay attention to the evidence against child witnesses in the criminal justice process, this situation will make the child again face the perpetrator who does not rule out the possibility of suppressing the child's psyche and will affect the child's psychology and also especially the child's testimony in court which in the end the child's testimony will influence the judge's considerations when making a decision on the case. Based on the description above, it can be concluded that although the evidence in the form of witness statements obtained from child victims of crimes against morality can be heard in court, to determine the evidentiary strength of the evidence, it is necessary to examine the position of the child witness's statement as evidence in court as stipulated in statutory regulations.
“MADNESS AS RESISTANCE: SUBVERTING PATRIARCHAL CONTROL IN HAN KANG'S THE VEGETARIAN" Muhammad Fauzi Razak; Nur Sapta Riskiawati; Sofyan Sukwara Akfan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3802

Abstract

This article examines the concept of madness as a form of resistance in Han Kang's novel The Vegetarian, which deeply depicts a woman's psychological and bodily rebellion against the shackles of a patriarchal and conformist Korean society. The main character, Yeong-hye, exhibits behavior labeled as "madness" after she decides to stop eating meat—a decision that later develops into a rejection of language, social expectations, and even her own body. Drawing on Michel Foucault's theory of madness as a social construction and R.D. Laing's anti-psychiatry perspective, this study argues that Yeong-hye's descent into what is considered madness is not simply a mental disorder, but a conscious form of resistance embodied through the body. Her rejection of familial and societal norms represents an attempt to reclaim agency in a world that often oppresses women's subjectivity. Through a close reading of the narrative, this article reveals how The Vegetarian critiques mechanisms of control, discipline, and normalization within domestic and institutional structures. Ultimately, Yeong-hye's madness emerges as a counter-narrative that shakes the rational order and challenges dominant ideologies about gender, conformity, and sanity.
ANALYSIS OF JUDGES' FORGIVENESS (RECHTERLIJK PARDON) FOR CHILDREN PERPETRATED BY THEFT UNDER AGGRAVATING CIRCUMSTANCES (CASE STUDY OF DECISION NO. 2/PID.SUS-ANAK/2021/PN RGT) Atika Ramadhani Tarigan; Ferdy Saputra; Laila M. Rasyid
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3928

Abstract

The concept of Rechterlijk Pardon gave judges the authority to exclude the implication of punishment, especially in legal violations involving children. This research aims to analyze the application of the concept in a case involving a child committing theft, referring to Decision Number 2/Pid.Sus-Anak/2021/PN Regt. The case showed the judge's policy of choosing not to impose a sentence even though the child was declared guilty. The focus of the study was on how the judge's pardon was implemented in the juvenile criminal justice system in Indonesia, as well as the alignment of the decision with the principle of Rechterlijk Pardo. The method used was normative juridical with case study approach, collecting information sourced from statutory provisions and court decisions. The findings shwed that the judge chose not to impose a sentence on the child who committed theft even though the elements of the offense were proven. The judge's considerations included the child's age, family background, educational history, remorse, and potential for social rehabilitation. The judge argued that punishment would not bring about substantive justice and might harm the child's future life. The essence of Rechterlijk Pardon is a reflection of the transition toward a justice system that prioritizes recovery and restorative justice. Judges have a central role in ensuring harmony between law enforcement and safeguarding children's rights. Thus, this concept becomes an important instrument for giving a second chance to children in conflict with the law.
EX OFFICIO JUDGE'S AUTHORITY TOWARDS FULFILLMENT OF WOMEN'S AND CHILDREN'S RIGHTS AFTER DIVORCE AS REVIEWED FROM THE PRINCIPLE OF ULTRA PETITA Helpan Setiabudi; Abdul Rachmad Budiono; Hanif Nur Widhiyanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3864

Abstract

This study aims to analyze the ex officio authority of judges and the ultra petita principle in divorce cases in Religious Courts, as well as their implications for the protection of women's and children's rights. The background of this study is based on the fact that divorce cases in Indonesia continue to increase annually, but only a small proportion of decisions contain the determination of women's and children's rights after divorce without a request from the litigants. This study uses a normative legal research method with a statutory, case, and conceptual approach. Data sources consist of primary, secondary, and tertiary legal materials, analyzed using description, interpretation, evaluation, and systematization techniques. The results show that ex officio authority is an important instrument held by judges to protect the rights of vulnerable parties in divorce cases, such as determining iddah (waiting period), mut'ah (waiting for temporary dowry), child custody, and child living expenses. However, its application often clashes with the ultra petita principle, which limits judges from deciding cases beyond what the parties request. The tension between these two principles leads to inconsistent decisions, which impacts on the suboptimal protection of women's and children's rights. This study concludes that there is a need to harmonize ex officio authority and the ultra petita principle through clear technical guidelines and training for judges, so that substantive justice and legal certainty can be achieved in a balanced manner. Recommendations include strengthening judges' understanding of the protection of vulnerable groups, utilizing socio-economic data in decisions, and consistent application of ex officio authority across all Religious Courts.
REVIEW OF LEGAL PROTECTION FOR CRIMINAL ACTS CHILD NARCOTICS AS DRUG DEALERS IN Law 35 of 2009 concerning Narcotics and Law no. 35 of 2014 concerning Child Protection (Study of Decision Number 7/Pid.Sus/2024/PN Mdn) Daniel Mulia; T. Riza Zarzani; Henry Aspan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3865

Abstract

This research analysis is related to the Review of Legal Protection for Narcotics Crimes for Children as Drug Dealers in Law 35 of 2009 concerning Narcotics and Law no. 35 of 2014 concerning Child Protection (Decision Study: 7/Pid.Sus-Anak/2024/PN.Mdn. Which in this case occurred where in this case the perpetrator of a narcotics crime was a minor and committed the crime of narcotics distribution and was subject to punishment based on article 114 Paragraph 1 with a sentence of life imprisonment or a minimum of 5 years and a maximum of 20 years, the final decision in the trial was deemed by the author to not fulfill the elements of child protection by considering that the child was a victim ordered by the defendant Teguh and dropped out of 6th grade elementary school because of family economic factors and laziness in studying as regulated in Law 35 of 2014 concerning child protection the judge's decision regarding legal protection for criminal acts of child narcotics dealers based on Law No. 35 of 2009 concerning Narcotics and Law no. 35 of 2014 concerning Child Protection where by considering these two laws, children who commit criminal acts can obtain their rights and can be.
LEGAL REVIEW FOR PERPETRATORS OF THE CRIMINAL ACTS OF EXPLOITATION OF HUMAN TRAFFICKING BASED ON THE TPPO LAW (Study of Case Decision Number: 2400/Pid.Sus/2023/Pn.Mdn) Ganda Permana Ketaren; Chairuni Nasution; Yasmirah Mandasari Saragih
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3866

Abstract

In Indonesia, since the beginning of independence, the government has created the 1945 Constitution which includes protection for all Indonesian people and provides welfare for its citizens. The problem of "human trafficking" has now become a public problem that must be immediately addressed by the government, both central and regional, because without any action taken by the government in anticipating and handling this human trafficking case, it is feared that it will continue to extend the series of human trafficking cases. The formulation of the problem drawn in this study is how the criminal sanctions for perpetrators of human trafficking are based on the laws and regulations in force in Indonesia, How is the Author's Analysis of the application of the law for perpetrators of human trafficking crimes based on the study of Court decisions number: 2400 / pid.sus / 2023 / Pn.Mdn The research method carried out in this study is research using descriptive normative studies, namely describing, finding legal facts in full and systematically examining the problems studied. The results in this study, the Author has a different view of the Decision given by the judge, especially regarding the reduction of the defendant's sentence. This article also compares the Human Trafficking Law with Law Number 1 of 2023 which provides several changes in the eradication of human trafficking crimes.

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