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International Journal of Educational Review, Law And Social Sciences (IJERLAS)
Published by Sekolah Tinggi Agama Islam Idrisiyyah
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 1,066 Documents
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The Effectiveness of the Restorative Justice Approach in the Juvenile Criminal Justice System in West Java Murshal Senjaya; Wilman Supondho Akbar
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.v5i5.3902

Abstract

The increasing number of juvenile delinquency cases in Indonesia raises serious concerns regarding the effectiveness of conventional punitive approaches in addressing crimes committed by children. In many cases, formal criminal proceedings tend to stigmatize children and hinder their social reintegration. To address this issue, Indonesia has adopted a restorative justice approach through diversion mechanisms regulated under Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. However, the practical effectiveness of this approach in resolving juvenile criminal cases remains a subject of debate. Therefore, this study aims to examine the effectiveness of the restorative justice approach in the juvenile criminal justice system in West Java. The research addresses the following questions: how is restorative justice implemented in juvenile criminal cases, and what factors influence its effectiveness in resolving conflicts involving children in conflict with the law? This study employs a qualitative research design using a normative juridical and socio-legal approach. Data were collected through document analysis of legal regulations and case records, as well as interviews with law enforcement officials, social workers, and community mediators involved in diversion processes. The findings indicate that restorative justice mechanisms, particularly diversion, have contributed significantly to resolving juvenile cases outside formal court proceedings. The approach facilitates dialogue between victims and offenders, promotes reconciliation, and prevents the stigmatization of children through imprisonment. However, the effectiveness of restorative justice is influenced by several factors, including institutional commitment, community participation, and the capacity of mediators in facilitating dialogue. Academically, this research contributes to the development of restorative justice scholarship by integrating normative legal analysis with empirical insights from juvenile justice practices in West Java, thereby offering a more comprehensive understanding of how restorative justice can strengthen child-centered justice systems in Indonesia.
Legal Protection for Children in Conflict with the Law Under the Law on the Juvenile Criminal Justice System in Indonesia Elizabeth Ghozali; Muhammad Ansori Lubis
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.v5i5.3912

Abstract

This research is entitled Legal Protection for Children in Conflict with the Law in a Review According to the Law on the Juvenile Criminal Justice System in Indonesia. The method used in this paper is based on normative juridical research. Writing in this scientific journal uses a statutory and conceptual approach. Journals that use normative legal research are by collecting secondary data sources in the field of law from the point of view of their binding strength. In the normative research method, various library materials are used in accordance with the legal issues being studied. The Law on the Juvenile Criminal Justice System provides a new color in the dynamics and development of law in Indonesia, especially towards the criminal law system. From experience in handling the problem of children in conflict with the law, when all parties play an active role, especially the government, then the number of juvenile delinquents which is now increasing can be suppressed and handled properly. In terms of giving special attention to children's problems, the government must seriously and fully implement what has been mandated by law. There is a need for a national comprehensive child protection system to prevent and deal with violence or exploitation of children in conflict with the law. Thus, the protection of children is not only limited to the government as administrators of the state, but also carried out by parents, families and communities to be responsible for protecting and maintaining children's human rights. On the other hand.
Reframing Penal Policy: Incorporating Community-Based Norms into Indonesia’s National Legal Architecture Rika Kurniasari Abdulgan; Abdy Yuhana
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.v5i5.4012

Abstract

This article examines the urgency of integrating community-based norms into Indonesia’s national penal policy as part of legal reform in the post-modern legal era. The current criminal justice system in Indonesia still largely reflects a centralized and positivistic legal tradition inherited from colonial structures, resulting in limited accommodation of local wisdom and restorative mechanisms that live within indigenous and local communities. This study addresses two primary research questions: first, how community-based norms function within Indonesia’s socio-legal landscape; and second, how such norms may be incorporated into the national penal policy framework without undermining legal certainty and constitutional principles. This research employs a normative-juridical method with conceptual and comparative approaches, utilizing statutory regulations, legal doctrines, scholarly articles, and socio-legal perspectives as primary sources. The findings demonstrate that community-based norms, particularly those emphasizing restorative justice, social harmony, collective accountability, and consensus-based dispute resolution, possess significant potential to strengthen Indonesia’s criminal law reform agenda. The novelty of this article lies in its proposal of a hybrid penal policy model that systematically integrates local customary mechanisms into formal criminal justice institutions through legal recognition, judicial discretion, and participatory governance. Academically, this study contributes to contemporary discourse on legal pluralism and penal reform by offering a contextual framework for harmonizing state law with indigenous normative systems in Indonesia.
Legal Protection of Workers in Employment Termination Disputes in North Sumatra: Between Legal Certainty and Social Justice Rika Jamin Marbun; Rahmayanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.5502

Abstract

This study analyzes the legal protection of workers in employment termination disputes in North Sumatra by examining the relationship between legal certainty and social justice. Employment termination remains a critical labour issue because it affects workers’ economic security, access to welfare, and bargaining position in industrial relations. Although Indonesian labour law provides formal protection through termination procedures, severance rights, compensation mechanisms, and industrial relations dispute settlement, practical barriers continue to limit workers’ access to substantive justice. This study applies a socio-legal approach by examining statutory regulations, relevant legal documents, court-related materials, and the practical context of employment termination disputes in North Sumatra. The findings show that legal protection is formally available through Law No. 13 of 2003, Law No. 2 of 2004, Law No. 6 of 2023, and Government Regulation No. 35 of 2021. However, workers still face unequal bargaining power, limited legal knowledge, financial constraints, lengthy dispute resolution processes, and difficulties in enforcing their rights. Employment termination disputes in North Sumatra commonly involve the legality of termination, procedural compliance, severance pay, compensation rights, and access to dispute resolution mechanisms. The study concludes that effective worker protection cannot rely solely on formal legal certainty, but must also incorporate social justice through accessible, fair, and responsive dispute resolution. This article contributes to labour law scholarship by offering a regional socio-legal analysis that integrates legal certainty and social justice in employment termination disputes.
Risk, Readiness and Reception: Explaining Acceptance of Risk-Based Business Licensing Through the Technology Acceptance Model Ni Komang Ayu Novitasari; Ni Luh Yulyana Dewi
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 6 No. 4 (2026): on Progress
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v6i4.5593

Abstract

This study aims to analyze the acceptance of the risk-based business licensing system through the Online Single Submission Risk-Based Approach (OSS-RBA) by business actors in Bali Province using the Technology Acceptance Model (TAM) framework. The implementation of OSS-RBA has shown significant growth in the issuance of Business Identification Numbers (NIB) from 19,468 in 2021 to 108,365 in 2024. However, the gap between the number of operating businesses and those with formal legality remains significant, given that the total number of SMEs in Bali Province reached 448,434 units in 2024. This study employs a descriptive qualitative approach with data collection techniques including semi-structured interviews, non-participant observation, and documentation involving 30 informants selected through purposive and snowball sampling. Data analysis was conducted using the Miles and Huberman interactive model. Five TAM constructs were used as analytical frameworks: perceived usefulness, perceived ease of use, attitude toward use, behavioral intention to use, and actual system use. The findings indicate that OSS-RBA acceptance is varied, influenced by the digital capacity of business actors and the level of business risk. Perceived usefulness tends to be high, particularly among low-risk business actors. Perceived ease of use is affected by the complexity of technical requirements, including the need for polygon data requiring spatial mapping competency and additional cost implications. Additionally, the practice of using third-party services (proxy use) was identified, reflecting structural dynamics in system utilization. This research contributes to TAM development in the e-government context by highlighting the importance of contextual factors in supporting the optimization of risk-based licensing system implementation.
Digitalization Reform Of Land Certification In The Batam Free Trade Zone And Free Port Area Siti Nurkhotijah; Soerya Respationo; Khairul Riza
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.v5i6.368

Abstract

This study examines the urgency, challenges, and prospects of law enforcement in the implementation of land certificate digitalization in the Batam Free Trade Zone and Free Port Area (KPBPB Batam). The digitalization of land certificates, particularly through the application of electronic certificates, is expected to strengthen legal certainty, prevent document forgery, expedite administrative processes, and enhance transparency in land governance in Indonesia. However, the dual authority of the Batam Authority (BP Batam) and the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) creates regulatory and institutional complexities that have the potential to trigger conflicts in land management. The research method used is normative-empirical with a statute approach, case approach, and socio-legal analysis, supported by primary data in the form of interviews with BP Batam officials, ATR/BPN, notaries/PPAT, and secondary data comprising laws and regulations, legal literature, and related decisions. The results of the study indicate that although the digitalization of land certification offers significant potential to support investment and sustainable development in Batam, its implementation is still hampered by overlapping regulations, weak institutional coordination, limitations of technological infrastructure, and the unpreparedness of human resources. This study concludes that legal reform and regulatory harmonization between BP Batam and ATR/BPN are the main prerequisites for the successful digitalization of land certificates. In addition, strengthening law enforcement mechanisms, implementing the principles of good governance, and ensuring transparent oversight are key to preventing the abuse of authority and land disputes. The contribution of this research lies in enriching the discourse on land law reform in special economic zones and providing policy recommendations for the government, legal practitioners, and investors in facing the challenges of implementation.
The Legality of Land Clearance and Relocation for the Rempang Eco City National Strategic Project in Light of Law Number 2 of 2012 on Land Acquisition Markus Gunawan; Erniyanti; Fadlan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.379

Abstract

The Rempang Eco City National Strategic Project (PSN) in Batam triggered an agrarian conflict when the authorities attempted to clear and relocate residents of sixteen Malay traditional villages (Kampung Tua). The land clearance was framed as a relocation based on the Management Rights (HPL) of BP Batam rather than as land acquisition under Law Number 2 of 2012, raising the question of its legal validity. This study addresses two questions: (1) is the land clearance for the Rempang Eco City project legally valid under Law Number 2 of 2012; and (2) what legal protection is available for the affected communities. The research employs a normative juridical method with statutory, case, and conceptual approaches, using primary legal materials (legislation and official findings) and secondary materials (journals and books), analysed prescriptively and qualitatively. The findings show three legality defects. First, the project is predominantly investment, industrial, and commercial in character and is developed by a private entity (PT Makmur Elok Graha), so it does not squarely fall within the limitative "public interest" categories of Article 10 of Law Number 2 of 2012, and the statutory acquisition procedure was bypassed. Second, the relocation rested on an HPL that had not been certified because the land was not clean and clear; hence, according to the Ombudsman, the relocation lacked legal force. Third, the "compensation" (santunan) under Presidential Regulation Number 78 of 2023 is not the fair and just compensation (ganti kerugian yang layak dan adil) mandated by the statute, and no independent appraisal or deliberation stage was carried out. The study contributes a normative framework distinguishing HPL-based relocation from statutory land acquisition and recommends realigning PSN implementation in special zones with the fair-compensation regime.
Company Merger: Option Or Necessity? Rolib Sitorus; Ricky Banke; Joy Zaman Felix Saragih
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.v5i6.651

Abstract

This study aims to analyze corporate mergers as a business strategy—whether they are pursued as a deliberate choice or as a necessity driven by external pressures such as financial crises, intense market competition, or regulatory changes. In the era of globalization and rapid market dynamics, many companies opt to merge to strengthen their market position, improve operational efficiency, and enhance shareholder value. This research employs a qualitative method with a case study approach, focusing on several Indonesian companies that have undergone mergers in the past five years. Data were collected through in-depth interviews, document analysis, and literature review on mergers and acquisitions. The findings reveal that most mergers are driven by a combination of strategic choices and market-driven necessities. In certain cases, mergers were imperative to ensure business continuity due to poor financial performance or regulatory pressures. The study concludes that corporate mergers should not be viewed dichotomously as either a choice or a necessity, but rather as a strategic process influenced by a variety of internal and external factors.
Mechanism for Resolving The Crime Of Bullying Performed By Students at Schools In Indonesia Bustani; Muhammad Hatta; Joelman Subaidi
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.725

Abstract

Bullying in education is a despicable and illegal act. Bullying can hurt the victim both physically and mentally. Perpetrators and victims of bullying in schools are generally still minors, so that the settlement of these cases must pay attention to the rights of children which have been regulated in Law Number 35 of 2014 Jo. Law Number 17 of 2016 concerning Child Protection. In-Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, the mechanism for resolving cases involving children uses a restorative justice approach through a diversionary case settlement mechanism. The diversion mechanism is carried out outside the court (non-litigation) by carrying out mediation between the perpetrator and the victim and attended by both families of the perpetrators and victims, law enforcers, and the community. Diversion must be pursued by law enforcement at every stage of the judiciary, both at the stage of the investigation, prosecution and examination of cases in court. However, if the diversion mechanism fails or the perpetrator of bullying does not meet the requirements for the diversion mechanism, the crime of bullying will be resolved through litigation through juvenile justice.
Electronic Land Deed Issuance by Land Deed Officials in Indonesia: Regulation, Data Protection, and Legal Certainty Gloria Gita Putri Ginting; Henry Aspan; Muhammad Juang Rambe
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.805

Abstract

Digital transformation in land registration in Indonesia triggers a conflict of laws regarding the electronic issuance of deeds by Land Deed Officials (Pejabat Pembuat Akta Tanah / PPAT). This study aims to analyze the disharmony between Government Regulation Number 18 of 2021 and Government Regulation Number 37 of 1998 concerning the prerequisite of physical presence, its implications for personal data protection governance, and to formulate a regulatory architecture through a comparative study. The method employed is normative legal research utilizing statutory, conceptual, and comparative approaches. This study applies a jurimetric instrument through the Legal Reliability Index (LRI) modeling to quantitatively measure the degree of evidentiary reliability of deeds. The results indicate that non-compliance with the physical presence requirement degrades the status of an authentic deed to a private deed (akta di bawah tangan) pursuant to Article 1869 of the Indonesian Civil Code. Simulation of the LRI formula demonstrates that procedural compliance regarding physical presence serves as the primary determinant maintaining the independent validity of the deed, while concurrently limiting the scope of the PPAT's liability from cyber system failure risks at the Land Office under the Personal Data Protection Law. This study recommends the adoption of a hybrid model based on a cautionary approach, drawing from practices in Germany. Physical presence remains mandatory for the substance of rights transfer to validate intent, whereas the archiving of original deeds (minuta akta) is centrally computerized. Amendments to the PPAT Position Regulations are necessary to align technological efficiency with formal civil law certainty.

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