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Rico Nur Ilham
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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 86 Documents
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Search results for , issue "Vol. 5 No. 6 (2025)" : 86 Documents clear
LEGAL IMPLICATIONS OF PRETRIAL DECISIONS OUTSIDE THE OBJECT OF PRETRIAL CONSIDERED IN THE LIGHT OF SUPREME COURT REGULATION NUMBER 4 OF 2016 CONCERNING THE PROHIBITION OF REVIEW OF PRETRIAL DECISIONS Rahmat Hidayat; Yuliati; Abdul Majid
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4346

Abstract

Pretrial decisions have an important role in ensuring the protection of human rights and controlling coercive actions by law enforcement officers in the Indonesian criminal justice system. However, in judicial practice, dynamics have developed where pretrial judges decide cases outside the object of pretrial as limited by Article 77 of the Criminal Procedure Code, such as examining the validity of the determination of suspects, preliminary evidence, and even the main points of the case. This development has given rise to legal issues, especially after the issuance of Supreme Court Regulation (Perma) Number 4 of 2016 which expressly prohibits the legal remedy of Judicial Review (PK) against pretrial decisions. This study aims to analyze: (1) the legal basis for the birth of pretrial decisions that exceed the limits of the object of authority; (2) the legal implications of these decisions on the principles of legal certainty, justice, and due process of law; and (3) the relevance of Perma No. 4 of 2016 in providing solutions to the lack of legal remedies for controversial pretrial decisions. This study uses a normative legal method with a statutory, case, and conceptual approach. The data were analyzed qualitatively through systematic and comparative legal interpretation of pretrial practices following Constitutional Court Decision No. 21/PUU-XII/2014 and other progressive pretrial decisions. The research results show that the expansion of pretrial objects is a consequence of the constitutional interpretation of the protection of the suspect's rights, but at the same time creates legal uncertainty and disharmony between the norms of the Criminal Procedure Code and judicial practice. The prohibition of judicial review in Supreme Court Regulation No. 4 of 2016 limits access to justice by closing the room for correction of ultra vires pretrial decisions. Therefore, it is necessary to reconstruct the pretrial regulations in the future Criminal Procedure Code and open up space for limited legal remedies to prevent abuse of pretrial judges' authority.
ENSURING THE BEST INTERESTS OF THE CHILD: JUDICIAL CONSIDERATIONS ON POST-DIVORCE CHILD SUPPORT IN LHOKSEUMAWE Muammar; Faisal; Marlia Sastro; Mukhlis
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4369

Abstract

This study examines the existence and effectiveness of the Sharia Court of Lhokseumawe’s rulings on post-divorce child support obligations through a normative-empirical legal research approach. Normatively, the analysis draws on Law No. 1 of 1974 on Marriage, the Compilation of Islamic Law (KHI), and Law No. 35 of 2014 on Child Protection, while empirically it relies on case studies of court decisions and interviews with judges. The findings reveal that the court consistently upholds the father’s responsibility to provide child support after divorce, reflecting alignment with statutory provisions, Islamic principles, and the doctrine of the best interests of the child. However, variations in the determination of support amounts and weak enforcement mechanisms demonstrate a gap between “law in the books” and “law in action.” Sociological analysis further shows that ineffective enforcement disproportionately burdens women and children, exacerbating economic vulnerability and the feminization of poverty. The study concludes that while the normative foundation of child support rulings is strong, their practical effectiveness requires improvements in drafting quality, standardized guidelines, and enforcement mechanisms, alongside greater collaboration between the judiciary, government, and society to ensure substantive justice and child welfare.
LEGAL ACCOUNTABILITY OF THE OFFICIAL MAKING LAND DEEDS IN UNAUTHORIZED LAND RIGHTS TRANSFERS: A CASE STUDY OF SHM 24451 Fanny Fernian Yahya Artikasari; Isharyanto; Rahayu Subekti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4375

Abstract

This study aims to examine the legal accountability of the Land Deed Official (PPAT) in unauthorized land rights transfers in the case study of SHM 24451. In their function as a public authority, the PPAT, creates authentic deeds, particularly deeds of land rights transfer, which serve as evidence proving that a legal act of rights transfer has occurred lawfully and provides legal certainty. This research is normative juridical legal research using doctrinal, conceptual, and case approaches. A descriptive method is used to analyze data based on the theory of authentic deeds and the theory of official accountability. The problem arises when, during the deed-making process, there is suspicion of non-compliance with formal and material requirements, thus making the PPAT, as a public official, accountable for the legal acts performed. The results indicate that rights transfers that do not meet formal and material requirements can be subject to administrative, civil, and criminal liabilities. This causes legal violations and harms the community. These findings emphasize the importance of compliance with professional ethics, legal principles during the execution of tasks, authority as a PPAT, as well as maintaining the integrity of the profession, institution, and public trust.
RESILIENCE OF CUSTOMARY LAW IN FACING THE ECOLOGICAL CRISIS IN PAYA NIE Fitri Maghfirah; Marlia Sastro; Sela Azkia; Muhammad Yusra; Nanda Setia Saputra
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4376

Abstract

This study employs a qualitative socio-legal approach to examine the role of customary law in addressing climate change and ecological challenges in the Paya Nie wetland ecosystem. Customary law is understood not only as written norms but also as living practices embedded in community life. Thus, the ecological crisis in Paya Nie marked by recurrent drought, flooding, and ecosystem degradation cannot be analyzed solely through normative legal perspectives but requires a broader socio-ecological framework. Research data were obtained from two main sources. Secondary data came from academic journals, legal documents, government reports, and research publications, providing the conceptual foundation to situate customary law within environmental governance. Primary data were collected through participatory observation and in-depth interviews with customary leaders, local stakeholders, and surrounding communities to capture social dynamics, communal solidarity, and unwritten customary mechanisms that remain influential in daily practice. Data were analyzed using a descriptive-analytical method. The analysis first mapped ecological problems in Paya Nie, then linked them to customary and formal legal instruments, including qonun gampong. Finally, the findings were interpreted through the lens of socio-ecological resilience theory to reveal how communities adapt, transform, and innovate in response to climate change. The study shows that customary law in Paya Nie functions not only as a set of traditional rules but also as an adaptive mechanism that strengthens community resilience. It plays a critical role in regulating land use, fostering solidarity, and sustaining ecological balance. These findings contribute to the broader discourse on how living customary law can serve as a local strategy for ecological resilience in the face of global environmental change.
POLICY ON THE LEGAL REGULATION OF CRIMINAL ACTS INVOLVING THE MISUSE OF ARTIFICIAL INTELLIGENCE DEEPFAKES Amalia Andayani Nugraha; Faizin Sulistio; Patricia Audrey Ruslijanto
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4416

Abstract

The development of artificial intelligence (AI) technology has brought significant advances in various areas of human life, but on the other hand, it has also created new challenges in the legal field, especially through the emergence of deepfake technology. Deepfake technology utilizes AI to manipulate images, videos, and voices of individuals to appear realistic, which in practice is often misused for purposes such as fraud, pornography, spreading hoaxes, and damaging reputations. Indonesia currently has no specific regulations governing the misuse of deepfake technology, so law enforcement still relies on general provisions such as the Criminal Code, the Electronic Information and Transaction Law, the Personal Data Protection Law, and the Sexual Violence Criminal Law. This legal vacuum or incompleteness causes legal uncertainty and potential violations of the principle of legality. Through a criminal law policy approach, adaptive legal reforms are needed to keep pace with developments in digital technology. Efforts that can be made include revising the Electronic Information and Transaction Law as lex specialis that regulates provisions on deepfakes or formulating specific regulations on artificial intelligence (AI) that comprehensively regulate ethical aspects, responsibility, and criminal liability. This policy is expected to provide certainty, justice, and protection of individual rights in facing the legal challenges of the digital era in Indonesia.
THE PROBLEMATICS OF THE MEANING OF A CHILD'S STATUS IN NATIONAL LAW: BETWEEN LEGAL CERTAINTY AND JUSTICE Guntur Aris Prabowo; Nurini Aprilianda; Syihabuddin
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v6i1.4275

Abstract

The article titled "THE PROBLEMATICS OF THE MEANING OF A CHILD'S STATUS IN NATIONAL LAW: BETWEEN LEGAL CERTAINTY AND JUSTICE" written by the Author raises the issue of analysis regarding the view of Judges who consider justice should be prioritized over legal certainty in delivering criminal verdicts, especially against Children who conflict with the law. The Author focuses on the limitations of the criminal sentence imposed on Children, then analyzes the provision against the verdict of the Penajam State Court No. 3/Pid.Sus-Child/2024/PN Pnj which exercised judicial activism by imposing a prison sentence exceeding the provisions in Law No. 11 of 2012 on the Juvenile Justice System. The result of the research conducted by the Author is that a criminal sentence of imprisonment can be imposed on the child. If threatened with a life imprisonment or death penalty provision, then the Child can only be sentenced to a maximum of ½, so the maximum imprisonment sentence allowed is 10 years. However, this is countered by the Presiding Judge of Case Number 3/Pid.Sus-Child/2024/PN Pnj by imposing a 20-year prison sentence on Child Junaedi, prioritizing justice over legal certainty.
THE POSITION OF AN APOSTASY WIFE AS A CAUSE FOR THE DISSOLUTION OF A MARRIAGE IN THE COMPILATION OF ISLAMIC LAW AND ITS IMPLICATIONS FOR POST-DIVORCE RIGHTS Alhadi Saputra; Hanif Nur Widhiyanti; Nur Chanifah
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v6i1.4448

Abstract

Conversion to religion (apostasy) in Islamic marriage is a complex phenomenon that gives rise to debate between legal norms and social reality. In the context of Indonesian national law, apostasy has not been explicitly regulated in Law Number 1 of 1974 concerning Marriage. This legal gap is filled by the Compilation of Islamic Law (KHI), which, in Article 116 letter (h), stipulates that conversion to religion or apostasy can be grounds for divorce. However, in religious court practice, there is a disparity in decisions between courts that interpret apostasy as grounds for fasakh (annulment) and those that interpret it as grounds for divorce (talaq). This disparity has legal implications for women's rights after divorce, particularly regarding the right to maintenance during the iddah period, mut'ah, maskan, and kiswah. This study aims to explain the position of a wife who apostatizes as a cause of marital dissolution from the perspective of the Compilation of Islamic Law (KHI) and analyze its legal consequences for post-divorce rights. The method used is normative legal research with a statutory, conceptual, and analytical approach. The results of the study indicate that a wife who apostatizes causes the marriage contract to be annulled (fasakh), but in practice, religious courts often still process it through the divorce mechanism (divorce talak) to ensure orderly legal administration. This disparity impacts the different treatment of the rights of apostate wives. From the perspective of legal utility, judges should consider the value of substantive justice and protection for women, even if the woman concerned has left Islam.
IMPLICATIONS OF PERSONAL DATA LEAKS FROM THE PUBLICATION OF JUDICIAL DECISIONS IN THE SUPREME COURT DECISION DIRECTORY ON PERSONAL DATA PROTECTION Roni Evi Dongoran; Nurini Aprilianda; Faizin Sulistio
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v6i1.4450

Abstract

The publication of court decisions in the Indonesian Supreme Court Decision Directory is a form of public information disclosure. However, in practice, these publications often contain the personal data of the parties involved, such as their National Identification Number, full address, and the identity of victims, even in cases where this information should be redacted. This situation creates the potential for personal data leaks that could open up opportunities for information misuse, violate privacy rights, and pose security risks. This study aims to analyze the implications of personal data leaks originating from the publication of court rulings in the Supreme Court's ruling directory on personal data protection in the era following the enactment of Law-Law Number 27 of 2022 concerning Personal Data Protection and the issuance of the Supreme Court Chief Justice's Decree Number 2-144/KMA/SK/VIII/2022 concerning Public Information Service Standards in Courts. The research method used is normative juridical with a legislative, case analysis, and conceptual approach, supplemented by a study of examples of publicly published decisions. The results of the study show that there are still discrepancies between the practice of publishing decisions and the obligation to protect personal data. These findings indicate the need to strengthen editorial policies, obscuring standards, and internal monitoring mechanisms so that the openness of judicial information does not sacrifice the privacy rights of the public. This study is expected to contribute to improving the governance of decision publication and strengthening the personal data protection regime in Indonesia.
THE LEGAL STATUS OF WILL EXECUTORS IN DEEDS OF BEQUEST UNDER PMNA/KBPN NO. 3 OF 1997 AND ARTICLE 1813 OF THE CIVIL CODE Deas Oktaviara Habiansyah; Riana Susmayanti; Endang Sri Kawuryan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v6i1.4672

Abstract

This research aims to analyze the legal status of the executor of a will (executeur testamentair) in the deed of gift by will (hibah karena wasiat) as regulated in Article 112 paragraph (1) a point 3 letter b of the Regulation of the State Minister for Agrarian Affairs/Head of the National Land Agency No. 3 of 1997 in relation to Article 1813 of the Indonesian Civil Code. The main issue lies in the normative conflict between the concept of a power of attorney, which terminates upon the death of the grantor, and the executor’s legal mandate, which remains valid after the testator’s death. This study employs a normative legal research method using statutory and conceptual approaches, grounded in the theories of legal certainty proposed by Gustav Radbruch, Van Apeldoorn, and Hans Kelsen. The findings indicate that the executor of a will has a distinct legal position from an ordinary agent, as their authority derives from a legal mandate rather than a contractual relationship. Therefore, the executor’s authority does not terminate upon the testator’s death, provided that it is carried out in accordance with the will and applicable law. Nevertheless, normative ambiguity persists, leading to interpretative discrepancies among notaries and land deed officials (PPAT). Regulatory clarification is required to strengthen the executor’s legal legitimacy and ensure the implementation of the testator’s final will in line with the principles of legal certainty and justice.
COMPARATIVE REGULATION OF “INADMISSIBLE DECISIONS” IN CRIMINAL PROCEDURE LAW BETWEEN INDONESIA AND GERMANY Bayu Akbar Wicaksono; Milda Istiqomah; Rika Kurniaty
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4280

Abstract

This article examines the comparative regulation of “inadmissible decisions” in criminal procedure law between Indonesia and Germany. Comparative law is used as an analytical approach to identify similarities and differences between the two legal systems, aiming to formulate clearer and more systematic procedural norms. Both countries belong to the civil law tradition, which emphasizes codification and legal certainty. Germany recognizes two key mechanisms related to inadmissible decisions, namely Verfahrenshindernis (procedural obstacles) and Unzulässige Anklage (inadmissible indictment). These mechanisms serve as legal filters to ensure procedural compliance and the protection of defendants’ rights before the main trial begins. This study concludes that Germany’s systematic procedural framework offers a valuable model for reformulating the normative and procedural basis of inadmissible decisions in Indonesia.

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