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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
LEGAL ANALYSIS OF CHILDREN'S RIGHTS FROM SIRI MARRIAGES (CASE STUDY IN BATAM CITY) Fitri Sembiring Milala; Ali Amran; Maniah
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.v5i5.4092

Abstract

Unregistered marriages are still a common phenomenon in Batam City, causing serious impacts on the status and legal protection of children. Because these marriages are not recognized, children lose their basic rights such as identity, financial support, inheritance, and proper education. This problem is not only individual in nature, but has become a widespread social issue, exacerbated by the high population dynamics in Batam, which are characterized by urbanization, population mobility, and cultural heterogeneity, all of which influence marriage practices in society.This study aims to analyze the legal arrangements for children from unregistered marriages according to Indonesian positive law, the implementation of the rights of children from unregistered marriages in Batam City, and to identify relevant obstacles and solutions. The research focuses on how existing regulations, such as Constitutional Court Decision No. 46/PUU-VIII/2010 and the Child Protection Law, are applied in the field and the challenges faced in ensuring the fulfillment of these children's rights. The research method used is a normative and empirical juridical approach.  Data was obtained through an in-depth literature study of legislation and legal doctrine, as well as direct interviews with key informants such as judges from the Religious Court and District Court, the Head of Civil Registration Services at the Batam City Population and Civil Registration Office, and couples who had entered into unregistered marriages. This approach allowed for a comprehensive analysis of the applicable legal norms and the social reality in the field. The research results suggest that the Batam City Government and related agencies should strengthen the protection of children born from unofficial marriages through clear regional policies, administrative sanctions, and simple child recognition procedures. The implementation of children's rights needs to be strengthened through legal socialization, integrated services, community leader involvement, and outreach programs in areas with low registration rates to ensure that every child receives proper recognition and protection.
JURIDICAL ANALYSIS OF THE NAME TRANSFER PROCESS OF LAND RIGHTS AS MARITAL COMMUNITY PROPERTY (A Case Study at the Office of Notary & Land Deed Official YONDRI DARTO, S.H. in Batam) Nadia Defani; Laily Washliati; Agus Siswanto Siagian
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.v5i5.4093

Abstract

The process of transferring land rights as part of marital property after divorce is an important aspect in providing legal certainty for the entitled parties. Within the national legal framework, joint property is explicitly regulated in Article 35 paragraph (1) of the UUP, and to implement the transfer of rights, an authentic deed in the form of a Deed of Separation and Division of Joint Property is required, drawn up by a notary in accordance with the authority based on Article 15 paragraph (1) of the Notary Law. This deed then becomes the basis for the PPAT to issue an APHB for the purpose of transferring ownership at the Land Office. This study aims to analyze the process of transferring land rights to joint property through a research study at the Notary and PPAT Yondri Darto, S.H., in Batam. This study analyzes the legal regulations, their implementation, as well as the obstacles and solutions. This study uses a descriptive method with a normative approach (legal research) to obtain secondary data and an empirical approach (sociological jurisprudence) to obtain primary data through field research. Based on the results of the study, it can be concluded that the mechanism of transfer of ownership through the Deed of Separation and Division of Joint Property and APHB is a legal and efficient solution, as long as the procedures and documents are fulfilled in accordance with legal provisions. Obstacles that often arise include a lack of understanding by the parties and administrative obstacles. Therefore, the parties are advised to immediately take legal steps after divorce, while Notaries and PPATs ensure procedural compliance with the support of legal education, administration, and technology-based service systems.
THE ROLE OF INDIGENOUS COMMUNITIES IN SUSTAINABLE TOURISM IN WAKATOBI: A GOOD GOVERNANCE PERSPECTIVE Udin, Mahrudin; Purwanto; Retno Sunu Astuti; Ida Hayu Dwimawanti
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

Abstract

Wakatobi, located in Southeast Sulawesi, Indonesia, is recognized as one of the country’s leading marine tourism destinations and designated as a UNESCO Biosphere Reserve. However, the sustainability of tourism development in this region relies not only on ecological potential but also on the role of indigenous communities in governance practices. This article examines the role of indigenous communities in sustainable tourism governance in Wakatobi through the lens of good governance. Data were collected using a qualitative approach, including semi-structured interviews with customary leaders, village officials, tourism actors, and domestic and international tourists. The findings demonstrate that indigenous communities play a pivotal role in ensuring transparency through customary marine regulations, fostering participation via homestays and cultural festivals, strengthening accountability in community-based tourism funds, enhancing effectiveness through the integration of customary and formal rules, and promoting equity in the distribution of economic benefits. This study contributes to the literature on sustainable tourism governance by highlighting the centrality of indigenous knowledge in achieving inclusive and sustainable outcomes.
LEGAL PROTECTION FOR CAR RENTAL BUSINESS ACTORS AGAINST RENTERERS WHO ARE IN DEFAULT (Study of Decision Number 32/Pdt.G/2019/PN Btl and Decision Number 1065/Pdt/2023/PT.DKI) Natassya Fachrina; Dewi Iryani; G. Nyoman Tio Rae
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.v5i5.4101

Abstract

The development of the car rental business in Indonesia faces significant legal challenges, particularly related to default by renters. This study aims to analyze the legal protection available to car rental businesses when facing renters who default, by examining two court decisions: Decision Number 32/Pdt.G/2019/PN Btl and Decision Number 1065/Pdt/2023/PT.DKI. The research method used is normative juridical with a case-based approach and a statutory approach. The results show that legal protection for car rental businesses can be achieved through preventive and repressive channels. Preventive protection is carried out through the creation of a comprehensive written agreement, while repressive protection can be achieved through a lawsuit for default or unlawful acts. Both decisions analyzed show that the courts provide legal protection to business owners by punishing renters who default by paying compensation. However, the implementation of this legal protection still faces obstacles, particularly in terms of executing decisions and recovering losses. This study recommends the need to strengthen regulations specifically for the car rental business and improve guarantee mechanisms that can protect the interests of business owners.
APPLICATION OF DWANGSOM (COERCED MONEY) IN DISPUTE RESOLUTION BREACH OF PAYMENT OF SHARIA LIFE INSURANCE CLAIMS (Study of Supreme Court Decision Number 364 K/Ag/2023) Firdiansyah Hidayatullah; Moh. Fadli; Sihabudin
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.v5i6.4110

Abstract

The ruling in the Supreme Court Decision Number 364 K/Ag/2023 contains a penalty of payment of a sum of Rp538,178,014.00 (five hundred thirty-eight million one hundred seventy-eight thousand and fourteen rupiah) and also contains a penalty of dwangsom (forced money) to the defendant/applicant of cassation in the amount of Rp100,000.00 (one hundred thousand rupiah) for each day the defendant is late in carrying out the contents of the decision that has obtained permanent legal force. If referring to the norm in Article 606a Rv, the judge can only impose a penalty of dwangsom (forced money) if the judge's decision contains a penalty other than the penalty of paying a sum of money. The deviation in the application of the penalty of dwangsom (forced money) in the decision is based on considerations of justice and legal benefits as contained in the legal considerations. The research method in this writing is a normative legal research method by analyzing legal norms with legal principles. The purpose of this writing is to provide an understanding of the judge's authority in imposing a dwangsom (forced money) penalty in a default decision which includes a penalty of payment of a sum of money in a sharia life insurance case which is guided by the principles of justice, legal benefit, and the principle of ta'awun (mutual assistance).
COPYRIGHT OF SCIENTIFIC WORKS BASED ON GENERATIVE AI: REGULATORY CHALLENGES OF ACADEMIC ETHICS Gian Prima Natawijaya
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.v5i6.4186

Abstract

The use of Generative Artificial Intelligence (AI) in scientific writing creates new legal requirements, particularly regarding copyright protection, measures of originality, authorship, and academic integrity. Law No. 28 of 2014 concerning Copyright does not specifically regulate AI-based works, creating a normative gap when faced with the increasingly frequent use of AI-generated content in academic activities.This situation demands an update to the legal regulatory framework to address the dynamic development of AI technology in higher education. A hybrid regulatory approach, combining hard law and soft law, is the ideal framework for addressing these challenges. Hard law is needed as a basis for law enforcement and to ensure copyright protection for scientific works, while soft law plays a crucial role in shaping the behavior of academics through codes of ethics, institutional policies, and internal oversight and disciplinary mechanisms. The collaboration between these two instruments allows for a balance between legal certainty and academic ethical flexibility in regulating the use of AI. International legal practice demonstrates a global trend toward AI governance based on soft governance and self-regulation, without abandoning formal legal sanctions. While policies vary among the United States, the United Kingdom, and Japan, all countries agree in the principle that AI cannot replace humans as responsible creators (human authorship is mandatory). This concept provides an important foundation for Indonesia in formulating national policies that are not merely reactive, but anticipatory and in line with global regulatory developments. This research employs a normative legal research approach in the legal field, constructed on the basis of a study of legal principles, norms, dogmas, or rules, which are then analyzed comprehensively. However, the approach used in this research is normative-progressive, meaning it does not only examine legal dogma statically but also reinterprets existing positive legal norms critically and adaptively to the development of Generative AI technology, which has not yet been fully accommodated in the current Indonesian legal system.
REFORMULATION OF INDONESIA'S RESTORATIVE JUSTICE FRAMEWORK UNDER SUPREME COURT REGULATION NO. 1 OF 2024 Muhammad Hanif Ramadhan; 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.v5i6.4187

Abstract

The Indonesian criminal justice system is undergoing a paradigm shift from a retributive to a restorative approach, solidified by the enactment of Supreme Court Regulation Number 1 of 2024 concerning Guidelines for Adjudicating Criminal Cases Based on Restorative Justice. This regulation aims to provide a standardized framework for judges. However, its practical implementation reveals a tension between formal legal certainty and the pursuit of substantive justice. This research conducts a normative legal analysis to evaluate the adequacy of the conditions and mechanisms within the Supreme Court Regulation as a guide for judges. The study employs statute, conceptual, and case approaches, analyzing primary and secondary legal materials. The findings indicate that the rigid requirements stipulated in the regulation, such as the limit on criminal threats, along with ambiguities in exclusionary clauses like recidivism, are insufficient and often hinder the achievement of substantive recovery. Furthermore, the absence of explicit procedural mechanisms for penal mediation forces judges to rely on discretionary activism. This journal argues for a reformulated regulation that is more flexible and principle-based, proposing the inclusion of a discretionary gateway for judges, harmonizing recidivism rules with the new National Criminal Code, and institutionalizing penal mediation procedures to ensure the restorative process is substantive and consistent.
ANALYSIS OF THE RELATIONSHIP BETWEEN WORK DISCIPLINE AND EMPLOYEE PERFORMANCE AT THE POPULATION CONTROL AND FAMILY PLANNING SERVICE (DPPKB) OF THE NORTH LABUHANBATU REGENCY GOVERNMENT THROUGH ORGANIZATIONAL COMMITMENT AS AN INTERVENING VARIABLE Chindy Wulandari Tiur Romatua Sijabat; Abdul Rahim Matondang; Yeni Absah; Evawany Yunita Aritonang; Prihatin Lumbamraja
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.v5i6.4204

Abstract

Employee performance is a crucial factor in determining the effectiveness of government institutions, particularly in public service agencies such as the Population Control and Family Planning Agency (DPPKB) of Labuhanbatu Utara Regency. In recent years, the agency's performance achievements have declined, allegedly due to low work discipline and weak organizational commitment among employees. This study aims to analyze the effect of work discipline on employee performance, with organizational commitment as an intervening variable. The research employs a quantitative approach using Structural Equation Modeling (SEM) based on Partial Least Squares (PLS). Data were collected through questionnaires distributed to 57 DPPKB employees. The analysis results show that work discipline has a positive and significant effect on both employee performance and organizational commitment. Moreover, organizational commitment also significantly affects employee performance and is proven to mediate the relationship between work discipline and performance. These findings emphasize the importance of fostering discipline and strengthening organizational commitment to improve the effectiveness of public service. In conclusion, optimal improvement in employee performance can only be achieved when discipline is supported by a high level of organizational commitment.
ELEGANT EXTORTION "The Ambiguity of Restaurant Service Charges Through the Perspective of Consumer Protection Law" Dimas Aryo Yuwono; Karya Bima Satria Y
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.v5i6.4208

Abstract

This research examines the ambiguity surrounding the imposition of service charges in restaurants, particularly from the perspective of consumer protection law in Indonesia. It argues that the current practice, where service charges are often mandatory and lack transparency, can be viewed as a form of "elegant extortion." The study analyzes the legal framework, including the Consumer Protection Law and relevant regulations, to assess the rights of consumers and the obligations of restaurant owners. It explores the concepts of justice, balance, and fairness in consumer-business relationships, drawing on philosophical perspectives to propose a legal construction that ensures transparency, freedom of choice, and equitable practices regarding service charges in restaurants outside of hotels. The paper concludes by offering recommendations for both government regulation and restaurant management practices to better protect consumer rights and promote fair business practices.
THE IMPACT OF THE IMPLEMENTATION OF THE MINISTRY OF RELIGION'S POLICY ON THE COMPETENCE OF ISLAMIC TEACHERS IN NORTH SUMATRA Nurhaizan Sembiring
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.v5i5.4199

Abstract

This study aims to analyze the impact of the implementation of the Ministry of Religion's policies on the competence of Islamic religious teachers in North Sumatra. The research uses a descriptive qualitative approach with data collection techniques through in-depth interviews, observations, and documentation studies. The research informants included Islamic religious teachers, madrasah supervisors, and officials of the local Ministry of Religion who were selected purposively. The results of the study show that the policies of the Ministry of Religion, such as certification, Teacher Professional Education (PPG), and religious moderation training, have a positive impact on improving teacher competence, especially in pedagogic and professional aspects. Teachers who participate in PPG are able to develop innovative learning methods and master teaching tools better, while certification increases motivation and well-being. In the personality and social aspects, policies encourage teachers to be role models and instill the value of tolerance. However, policy implementation is not evenly distributed, especially in rural areas that face limited facilities, access to information, and bureaucracy. This study concludes that the Ministry of Religion's policies contribute significantly to improving the competence of Islamic religious teachers, but it is necessary to have equal access and strengthen infrastructure to be more optimal.

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