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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 1,098 Documents
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Money Laundering Risk in Batam's Special Economic Zone: Industrial Vulnerabilities and Enforcement Gaps Ramlan; Darwis Anatami; Parameshwara; Khairul Riza
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.22124255

Abstract

Purpose: This study analyzes the forms of money-laundering risk emerging from industrial activity in the Batam Special Economic Zone (SEZ), evaluates the effectiveness of legal enforcement and preventive measures, and identifies the institutional obstacles that constrain risk mitigation in the zone. Methodology: The research applies a normative-empirical (socio-legal) approach combining statutory and case analysis. Primary data were collected through in-depth interviews with law enforcement officials, financial-intelligence analysts from Indonesia's Financial Transaction Reports and Analysis Center (PPATK), industrial actors, and Batam SEZ authorities, supplemented by secondary data from statutes, court records, and institutional risk assessments, and analyzed using a qualitative-descriptive method. Findings: The Batam SEZ is highly vulnerable to money laundering, particularly through fictitious export-import transactions, under-invoicing, abusive transfer pricing, and the use of shell companies. Although a comprehensive regulatory framework and reporting infrastructure exist, enforcement remains weakened by institutional fragmentation, the absence of fully risk-based supervision, and limited corporate compliance with Anti-Money Laundering standards, patterns that recur across documented cases and parallel compliance failures elsewhere in the zone's regulatory architecture. Limitations: The study is constrained by limited access to confidential financial data and by its focus on a single SEZ; broader comparative research across other zones and jurisdictions is needed. Contribution: The study contributes to the discourse on economic-crime prevention by mapping practical vulnerabilities within SEZ industrial sectors and proposing integrated, risk-based enforcement and asset-recovery strategies, including expanded reporting obligations, strengthened Non-Conviction Based Asset Forfeiture, and the prospective use of Deferred Prosecution Agreements.
THE INTEGRATION OF DIVINE JUSTICE IN JUDICIAL REASONING WITHIN THE INDONESIAN CRIMINAL JUSTICE FRAMEWORK Irwansyah; Muhammad Juang Rambe; Ervina Sari Sipahutar
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 2 (2025)
Publisher : RADJA PUBLIKA

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Abstract

How can the Indonesian criminal justice framework reconcile the tension between rigid formalistic certainty and substantive justice? When positivism in judicial reasoning marginalizes sociological and spiritual dimensions, does it not inevitably precipitate sentencing disparities? Addressing these inquiries, this article examines the intersubjective approach in judicial reasoning (ratio decidendi) to actualize substantive divine justice. Employing doctrinal and philosophical research, this study utilizes statutory, conceptual, and case approaches, focusing on Law Number 1 of 2023 (National Criminal Code) and court decisions. Findings reveal that intersubjectivity transforms judges into active interpreters synthesizing juridical, sociological, and philosophical pillars. This integration institutionalizes Biomijuridika, propelling a shift from retribution toward social equilibrium (blissful laws) via the adjudicative fiat (irah-irah) and judicial pardon (Rechterlijk Pardon). Consequently, judges must cultivate prophetic intelligence to withstand public pressure and prevent impunity. Conclusively, this integration reshapes the ontological and epistemological dimensions of Indonesian criminal law. To mitigate disparities, the Supreme Court should formulate technical guidelines (PERMA/SEMA) defining Rechterlijk Pardon parameters and institutionalize judicial training rooted in prophetic intelligence.
The Potential of Calliandra (Calliandra calothyrus) As Conservation Plants Based on Economic Analysis Afrah Junita; Puti Andiny
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.22124143

Abstract

Kaliandra (Calliandra calothyrsus) is a leguminous plant native to Central America, belonging to the Fabaceae (Leguminosae) family. This plant is a multipurpose species known as a source of high-quality forage for livestock and mostly used for soil conservation. Therefore, Kaliandra is suitable for businesses in both plantation and livestock sectors. Primary data collection was conducted through field observations, captured in digital form (photos or images), and interviews with representative sources. Secondary data were obtained from literature reviews related to theories underlying the background and problem formulation, reviews of official documents or archives from the Seed Control Agency of the Department of Agriculture and Plantations in Aceh regarding the physical and non-physical data of the study objects, as well as journals, internet sources, and others. The financial feasibility analysis of the kaliandra business was conducted by calculating the Net Present Value (NPV), Net Benefit Cost Ratio (Net B/C), and Internal Rate of Return (IRR) using a discount factor of 10%. The results showed an NPV of IDR 416,538,245.51 (NPV > 0). Additionally, the B/C ratio was calculated to be 6.2 (B/C > 1), and the IRR was 12.3% (IRR > i). Based on these calculations, all evaluation criteria were met: NPV is positive, B/C is greater than 1, and IRR is 12.3%, which is higher than the Opportunity Cost of Capital of 10%. Thus, it can be concluded that the development of kaliandra (Calliandra calothyrsus) business is profitable and feasible.
Reconciling Customary Land Rights and National Civil Law in North Sumatra: Toward an Integrative Land Dispute Resolution Framework Novi Juli Rosani Zulkarnain; Hairul Amren Samosir
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : RADJA PUBLIKA

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Abstract

Customary land disputes in North Sumatra reflect an ongoing tension between communal land tenure systems and Indonesia’s national civil and land-law framework. Although customary communities and their traditional rights are constitutionally recognised, their protection remains constrained by conditional recognition procedures, formal evidentiary requirements, fragmented institutional authority, and unequal bargaining power. This study aims to analyse the relationship between customary land rights and national civil law and to formulate an integrative framework for resolving customary land disputes. A qualitative socio-legal research design was employed by combining doctrinal legal analysis with empirical investigation. Legal materials included constitutional provisions, agrarian legislation, civil-law principles, land-registration regulations, mediation rules, and relevant judicial decisions. Empirical data were obtained through semi-structured interviews, document analysis, and field observations involving customary leaders, community members, government officials, land authorities, legal practitioners, mediators, and other relevant stakeholders. The findings reveal that customary communities primarily rely on oral histories, genealogical relationships, ancestral occupation, collective cultivation, and customary boundaries, whereas formal institutions prioritise certificates, cadastral maps, permits, and written administrative records. Existing resolution mechanisms remain insufficient because customary deliberation lacks formal enforceability, administrative procedures are institutionally fragmented, and civil litigation often reduces complex communal disputes to conventional ownership claims. This study proposes an integrative framework consisting of community identification, participatory mapping, verification of customary and formal evidence, temporary protection of disputed land, multi-stakeholder mediation, legally binding settlement, administrative registration, and post-settlement monitoring. The study concludes that customary law and national civil law should function as complementary rather than competing legal systems. The proposed framework contributes to legal-pluralist scholarship and provides practical guidance for achieving legal certainty, substantive justice, social legitimacy, and sustainable land governance.
Legal Certainty and the Reconstruction of Death Penalty Implementation for Premeditated Murder after the Enactment of Indonesia’s New Criminal Code: A Human Rights and Restorative Justice Perspective Abdul Kadir; Suparji Ahmad; Ahmad Redi; Faisal Santiago; Ibnu Sina Chandranegara; Upik Mutiara
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 6 No. 3 (2026)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/ijerlas.v6i3.5734

Abstract

The death penalty for premeditated murder remains one of the most controversial issues in Indonesia’s criminal justice system because it involves legal certainty, justice, and human rights considerations. This study aims to analyze the legal certainty of the implementation of the death penalty for premeditated murder and to examine the reconstruction of capital punishment after the enactment of Law Number 1 of 2023 concerning the New Criminal Code. This research employs a normative juridical method using statutory, conceptual, and comparative approaches. The study relies on secondary legal materials, including legislation, legal doctrines, books, and scientific journal articles related to criminal law and capital punishment. The findings reveal that the New Criminal Code reconstructs the death penalty from an ordinary principal punishment into a special and conditional punishment imposed only as a last resort. The introduction of a ten-year probationary period provides death row convicts with an opportunity for rehabilitation and possible commutation into life imprisonment based on good behavior and personal reform. However, the implementation of this mechanism still faces challenges concerning legal certainty, particularly due to the absence of clear and objective assessment standards. Furthermore, the current system does not adequately accommodate restorative justice principles because victims’ families are not substantially involved in the sentence evaluation process. Therefore, clearer implementing regulations and greater recognition of victims’ rights are necessary to ensure fairness, transparency, and consistency in the implementation of capital punishment in Indonesia. The reconstruction of the death penalty under the New Criminal Code reflects Indonesia’s effort to modernize its criminal justice system while balancing retributive justice, rehabilitation, legal certainty, and human dignity.
Let’s Stop Corruption in the Judiciary! Judicial Human Resource Architecture as an Integrity-by-Design Framework through a Socio-Legal Approach Anang Riyan Ramadianto; Suhadi; Indah Sri Utari
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.22692627

Abstract

Corruption within the judiciary poses a systemic threat to the rule of law, undermining legal certainty, institutional credibility, and public trust. Although anti-corruption strategies have traditionally relied on criminal enforcement and external supervision, persistent cases involving judges indicate structural vulnerabilities that remain insufficiently addressed. This article examines judicial human resource architecture as an integrity-by-design framework for preventing corruption within the judicial environment. The study aims to analyze how recruitment systems, promotion and mutation mechanisms, performance evaluation, career development, intrinsic motivation, and organizational fairness influence judges’ integrity as a structural preventive safeguard. Employing a mixed-method socio-legal approach, the research combines normative legal analysis with empirical data collected from 80 judges through a Likert-scale questionnaire. The data were analyzed using Structural Equation Modeling–Partial Least Squares (SEM-PLS) to test the validity of constructs and examine causal relationships among variables. The findings demonstrate that merit-based recruitment, transparent promotion systems, and fair performance evaluation significantly strengthen judges’ integrity, while organizational fairness and intrinsic motivation function as reinforcing factors in reducing corruption risks. The study concludes that corruption prevention in the judiciary requires a paradigm shift from reactive enforcement toward institutional design grounded in human resource governance. It recommends the systematic integration of integrity principles into judicial recruitment, evaluation, and career management policies to ensure sustainable anti-corruption outcomes and strengthen the legitimacy of judicial institutions.
Socio Legal Perspectives on Law Enforcement Discretion in Resolving Minor Offense Cases Ahmad Sholikhin Ruslie; Ari Purwadi; M. Yasin; Randy Vallentino Neonbeni
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 6 No. 5 (2026): on Progress
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/ijerlas.v6i5.5331

Abstract

The handling of minor offenses is at the intersection between the demands of formal legality and the need for substantive justice at the community level. In this context, the discretion of law enforcement officials is an important instrument to prevent over-criminalization, reduce the burden on the justice system, and open up more restorative resolution space. However, the absence of firm normative boundaries and weak accountability mechanisms make discretion vulnerable to social bias, disparity in treatment, and the reproduction of power imbalances. This study aims to analyze discretionary practices in resolving minor offense cases through a socio-legal perspective that places law as a social practice influenced by cultural, political, and power relations structures. Using a socio-legal approach, this study combines a normative analysis of the legal framework that governs discretion with empirical studies through in-depth interviews and observations of law enforcement practices at the field level. The findings of the study suggest that discretion contributes significantly to the effectiveness of the justice system and the restoration of social relations, but at the same time creates a space for power negotiation that has the potential to erode the principle of equality before the law. The inconsistency of the standard of application and the dominance of the subjective considerations of the apparatus show that discretion is not just a technical instrument, but a social arena full of values and interests. Therefore, this study emphasizes the urgency of establishing human rights-based operational guidelines, strengthening participatory oversight systems, and integrating restorative justice principles in law enforcement policies, in order to ensure that discretion functions as a means of social justice, not a source of legal uncertainty.
The Constitutionality of Presidential Instruction Number 9 of 2025 on the Acceleration of the Establishment of Merah Putih Village/Sub-District Cooperatives An Analysis Under Article 33 Paragraph (1) of the 1945 Constitution of the Republic of Indonesia Firman Hidayat; M. Yamani
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 6 No. 5 (2026): on Progress
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/ijerlas.v6i5.5688

Abstract

This study was prompted by the issuance of Presidential Instruction Number 9 of 2025 concerning the Acceleration of the Establishment of Merah Putih Village/Sub-District Cooperatives, which is intended to strengthen the people's economy through the development of cooperative institutions at the village and sub-district levels. Nevertheless, this policy has generated constitutional debate, particularly because its regulatory approach tends to be centralized and may be inconsistent with the principles of economic democracy and the familial principle as enshrined in Article 33 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. This study aims to examine the legal status of Presidential Instructions within Indonesia's constitutional system and to assess the constitutionality of Presidential Instruction Number 9 of 2025 from the perspective of Article 33 paragraph (1) of the 1945 Constitution. This research employed a normative legal method using statutory and conceptual approaches. Legal materials were collected through library research, encompassing legislation, decisions of the Constitutional Court, and relevant legal literature. The findings indicate that a Presidential Instruction constitutes an internal administrative policy instrument and does not form part of the hierarchy of laws and regulations. Formally, Presidential Instruction Number 9 of 2025 is legally valid. Substantively, however, its constitutionality is conditional and largely depends on its implementation. If implemented in a participatory manner, with due respect for regional and village autonomy, and oriented toward the actual needs of local communities, the policy is consistent with the values embodied in Article 33 paragraph (1) of the 1945 Constitution. Conversely, if implemented through a centralized and top-down approach, it risks departing from the essential character of cooperatives as an expression of economic democracy. Therefore, further research is necessary to evaluate the effectiveness of this policy's implementation across different regions.
Agribusiness Competitiveness Strengthening Strategy to Reduce Imports and Increase Food Exports by Involving Local Farmers in Indonesia to Achieve the Vision and Mission of The National Economy In 5.0 Gumoyo Mumpuni Ningsih; Natali Ningsih; Darminto Pujotomo; Gijanto Purbo Suseno
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 6 No. 5 (2026): on Progress
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/ijerlas.v6i5.5693

Abstract

Food security is a fundamental human right for every individual, as it is one of the most fundamental human needs. Furthermore, ensuring food security for all is a moral, social, and legal obligation. Ensuring food security is also an effort to develop better human resources for national development, as well as a prerequisite for fulfilling other basic rights such as education, employment, and so on. Exports and imports play a crucial role in international trade, significantly influencing the global economy. The impact of exports and imports on countries varies, with various factors underlying the dynamics of international trade. Exports and imports are indeed crucial components of a country's economic framework, influencing various aspects of economic growth and development. This study uses a qualitative descriptive approach. Qualitative descriptive research, in which the formulation of the problem guides the research, explores or captures the social situation to be studied comprehensively, broadly, and in-depth. The results of this study suggest that the Indonesian government needs to implement adaptive export-import policies integrated with other strategies, such as strengthening national food reserves and export promotion. To realize Advanced, Independent and Modern Agriculture, Smart Farming has been developed which changes the pattern of agricultural resource management from conventional to more productive and efficient, through an automated control and monitoring system utilizing Internet of Things (IoT) technology.
Building Information Modelling: Recommendations for Mitigating Post-Construction Failure of Kediri City Square in The Perspective of Regional National Resilience Trias Nurhasanah; Bunga Hidayati; Tjahjanulin Domai
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 6 No. 5 (2026): on Progress
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/ijerlas.v6i5.5696

Abstract

This study is driven by the governance dynamics of regional infrastructure in the 2023 Kediri City Square revitalization project, which offers valuable insights into the complexities of contract management and construction dispute resolution.Theobjective of this research is to explore the anatomy of project implementation challenges, examine the legal dispute processes up to the Supreme Court level, and evaluate the urgency of implementing Building Information Modelling (BIM) as a strategy for strengthening future regional governance and resilience.The research methodology employs a descriptive qualitative approach through a case study. Data were gathered through in-depth interviews with relevant stakeholders and documentary studies of Supreme Court Ruling Number 1333 B/Pdt Sus-Arbt/2024, followed by analysis using NVivo 12 Plus software.The findings indicate that the primary challenges stemmed from limitations in real-time technical and administrative information synchronization, leading to disparities in progress recognition and technical quality standard fulfillment. The study concludes that transitioning to BIM methodology supported by a Common Data Environment (CDE) serves as a strategic and proactive instrument to create a "single source of truth." The implementation of this technology is expected to mitigate administrative risks, enhance public transparency, and reinforce the fiscal resilience of local governments in achieving sustainable infrastructure development.

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