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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 966 Documents
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POSITION OF ELECTRONIC EVIDENCE IN THE PROCESS OF PROVIDING PROCEDURE IN STATE ADMINISTRATIVE COURT The Position of Electronic Evidence in the Evidentiary Process of State Administrative Court Procedural Law Komang Alit Antara; Moh. Fadli; Sudarsono
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2753

Abstract

This study analyzes the position of electronic evidence in the legal evidence process of the State Administrative Court. The development of information technology has had significant implications for the justice system, especially in the recognition and use of electronic evidence. However, there is a gap between the increasingly digitalized practice of government administration and the PTUN procedural law mechanism which still focuses on physical documents. This study uses normative legal analysis conducted with a statutory and conceptual regulatory approach, using data from related laws and legal literature. The results of the study indicate that the unclear regulations in Law Number 5 of 1986 concerning the PTUN, although the ITE Law has recognized electronic evidence, cause legal uncertainty, differences in judge interpretation, and potential manipulation of evidence. Therefore, this study recommends the reconstruction of PTUN procedural law norms to include explicit provisions regarding electronic evidence, the establishment of a digital forensic validation institution, and the regulation of authentication and security of electronic documents. These steps are important to ensure justice, legal certainty, and efficiency in resolving state administrative disputes in the digital era.
THE URGENCY OF FORMULATING LEGAL REMEDIES BY VICTIMS: A COMPARATIVE STUDY OF INDONESIA AND CHINA Utami Puspaningsih; Yuliati; Faizin Sulistio
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2758

Abstract

Criminal legal remedies are regulated in Chapter XII of the Criminal Procedure Code, namely ordinary legal remedies and extraordinary legal remedies. The interests of victims of crime are represented by the Public Prosecutor, but unfortunately if the Public Prosecutor does not file a legal remedy against the verdict, then the victim cannot file a legal remedy and must accept the verdict. The purpose of this paper is to actualize the participation of victims in criminal justice. The method of this study was normative juridical approach with descriptive analytical specification. The stages of the study were literature research and comparison of legal systems with other countries. This research shows that the participation of victims in judicial practices has become a public concern in the international realm so that it is necessary to balance the roles of victims and defendants in the Indonesian legal system, especially in filing criminal law efforts. Therefore, there is a need for material testing to the Constitutional Court related to Article 50 to Article 68 of the Criminal Procedure Code.
BASIS FOR JUDGES' CONSIDERATIONS IN SENTIMENTING CRIMINAL SENTENCES BELOW THE MINIMUM SPECIFICALLY IN THE CRIMINAL OFFENCE OF INDEMNITY REVIEWED FROM THE PRINCIPLE OF LEGAL CERTAINTY (Study of Decision Number 7/Pid.Sus/2021/PN Sos) Andi Pambudi Utomo; Prija Djatmika; Milda Istiqomah
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2762

Abstract

Hakim memainkan peranan penting dalam menegakkan hukum dan keadilan, termasuk ketika menjatuhkan pidana di bawah batas minimum khusus dalam perkara pencabulan terhadap anak. Meskipun langkah ini dimaksudkan untuk mewujudkan keadilan substantif, penerapannya dapat menimbulkan dilema hukum karena berisiko mengurangi kepastian hukum dan menyebabkan ketidakkonsistenan dalam putusan. Oleh karena itu, perlu dilakukan kajian lebih mendalam untuk menemukan titik temu antara keadilan dan kepastian hukum dalam praktik peradilan. Penelitian ini bertujuan untuk mengkaji dasar pertimbangan hakim dalam menjatuhkan pidana di bawah batas minimum khusus dalam perkara pencabulan anak dari sudut pandang asas kepastian hukum. Selain itu, penelitian ini juga mengevaluasi dampak hukum dari praktik tersebut terhadap sistem peradilan pidana dan jaminan perlindungan hukum bagi korban. Metodologi yang digunakan adalah pendekatan yuridis normatif, dengan penelaahan terhadap regulasi dan studi kasus. Sumber data meliputi bahan hukum primer (peraturan perundang-undangan), bahan hukum sekunder (literatur akademik), serta bahan hukum tersier (kamus hukum). Analisis dilakukan melalui metode interpretasi ekstensif guna menilai penerapan asas kepastian hukum serta ruang kebebasan hakim dalam menjatuhkan putusan. Temuan penelitian mengungkap bahwa hakim mempertimbangkan faktor hukum maupun non-hukum dalam menjatuhkan pidana di bawah minimum khusus. Walaupun langkah ini bertujuan mengharmoniskan antara keadilan dan kepastian hukum, praktik tersebut tetap berpotensi menimbulkan disparitas putusan dan ketidakpastian hukum. Selain itu, penggunaan Surat Edaran Mahkamah Agung (SEMA) sebagai acuan juga menimbulkan perdebatan terkait supremasi hukum dan konsistensi penerapan pidana minimum khusus.
FACTUAL ACTION AS ADMINISTRATIVE DISPUTES (PROHIBITION OF MISLEADING LAWSUIT BETWEEN THE ADMINISTRATIVE DECISION AND THE FACTUAL ACTION) David Pasaribu; Istislam; Sudarsono
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2767

Abstract

This article attempts to comprehend the ideal concept of factual action and analyzes factual action as an object of dispute in the Administrative Court ("Peratun") in relation to the prohibition of misleading the administrative decision ("KTUN") and the factual action. The research method uses normative research with conceptual, statutory, and case approaches. The results show the complexity of factual action related to examine the factual action and also the double-checking system of administrative tort. First, by classifying an object as the factual action or KTUN, and second, by examining factual actions as the administrative tort by government agencies/officials which are clashing/not clashing to the statutory regulations nor general principles of good governance. Furthermore, the misleading lawsuit can occur when the lawsuit disrupes/reverses the definition of each object, both KTUN and factual actions. The cumulation of objects among KTUN with factual actions is possible as long as there are interrelated legal character (innerlijke samenhang) of objects, prioritize the speedy trial, simple, and low-cost principle, and the principle of utility (bring justice closer to the people).
REINFORCING THE JURISDICTION OF THE ADMINISTRATIVE COURT: THE SHIFTING BURDEN OF PROOF MODEL IN OMISSION DISPUTES ON DISASTER MANAGEMENT Muhamad Fadillah; Moh. Fadli; Maria Fransiska Walintukan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2768

Abstract

This article aims to analyze and propose the application of the shifting burden of proof model in resolving omission disputes within the Indonesian Administrative Court (PTUN), particularly in the context of disaster management. Omission disputes frequently arise from governmental negligence in fulfilling legal obligations that are clearly stipulated by statutory regulations. The heavy burden of proof imposed on the claimant, combined with the unequal access to administrative documents, poses significant challenges in proving such negligence. This article adopts a normative-qualitative approach, using the case study of Decision No. 10/G/TF/2022/PTUN.PLG to illustrate the practical issues encountered by the public. The proposed model of shifting the burden of proof provides a pathway for the Administrative Court to reinforce its jurisdiction as a guardian of governmental accountability, while also serving as a corrective mechanism against state negligence in the administration of disaster management.
THE PRINCIPLE OF THE BEST INTERESTS OF THE CHILD IN LAW ENFORCEMENT AGAINST CHILDREN WHO COMMIT RAPE Cindy Shafira; Prija Djatmika; Nurini Aprilianda
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2772

Abstract

Handling rape cases involving children as perpetrators has become a complicated issue within the juvenile justice system in Indonesia. This crime not only causes deep psychological wounds to the victims, who are also still children, but also presents complex legal issues in the law enforcement process against the perpetrators who are legally minors. The principle of "the best interests of the child," as stipulated in” Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA)” and “the Convention on the Rights of the Child”, emphasizes that the approach to children in conflict with the law should focus more on rehabilitation and protection rather than mere punishment. This research aims to deeply explore the underlying considerations of judges in adjudicating cases of rape committed by children, using a case study from the Pasir Pengaraian District Court's verdicts. Through normative legal research methods with a case study approach, it was found that the Judge in adjudicating the case had prioritized the principle of "the best interests of the child." Disparities in court rulings result from the juvenile justice system's uneven practical implementation, notwithstanding its normative orientation toward a restorative justice paradigm that prioritizes rehabilitation. To guarantee a more uniform, equitable, and really child-centered justice system, this study emphasizes the necessity of harmonizing and standardizing the application of the "best interests of the child" principle across the entire legal procedure.
RATIO LEGIS OF THE PROVISION OF SOCIAL WORK CRIMINAL SANCTIONS IN LAW NUMBER 1 OF 2023 CONCERNING THE CRIMINAL CODE M. Fachryan Arief; Saiful Abdullah
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2776

Abstract

Social work punishment is one of the non-imprisonment alternative punishment threats accommodated in Article 85 paragraph (8) of Law Number 1 Year 2023 on the New Criminal Code (KUHP). This provision creates changes in the punishment system in Indonesia. The purpose of the criminal sanction of social work is to provide guidance and mentoring in order to become a good and useful person, especially since the punishment is not intended to degrade human dignity. However, efforts to realize this goal must be carried out through a clear and precise mechanism for the implementation of social work punishment, but the New Criminal Code has not clearly established the mechanism or institution responsible for the implementation of social work punishment. On this basis, this study aims to analyze the ratio legis (purpose) of the regulation of social work punishment in the New Criminal Code and recommend the concept of ideal implementation supervision arrangement in the future. This type of research is normative and the results conclude: First, social work punishment is regulated due to the occurrence of over capacity and is considered ineffective as a coaching space. Second, the ideal concept of the implementation of social work punishment to support the purpose of punishment is not only sufficiently carried out by law enforcement officials and/or Correctional Institutions, but the involvement of social institutions and other institutions will provide a more optimal correctional influence.
Climate Politics and Global Governance: Assessing the Role of International Agreements in Environmental Policy-Making MIR AADIL BASHIR
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2795

Abstract

This research paper explores the intricate interplay between climate politics and global governance, focusing specifically on the role of international agreements in shaping environmental policy-making. As climate change transcends national boundaries, it has become a pivotal issue requiring coordinated global action. The study examines the evolution of major climate agreements, such as the Kyoto Protocol and the Paris Agreement, and evaluates their impact on global environmental governance. By analyzing the contributions and limitations of state and non-state actors, global institutions, and multilateral frameworks, the paper highlights both the progress achieved and the persistent challenges in implementing climate commitments. Emphasis is placed on the dynamics between developed and developing nations, issues of climate justice, and the need for equitable, inclusive, and enforceable global mechanisms. The paper concludes by proposing strategic pathways for enhancing international cooperation and effectiveness in climate governance, underscoring the urgency of collective action in the face of escalating environmental threats.
ONRECHTMATIGE OVERHEIDSDAAD: UNLAWFUL ACTS BY THE STATE IN INDONESIAN CONSTITUTIONAL LAW Rizki Cintia Devi; Moh. Fadli; Bambang Hery Mulyono
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2797

Abstract

Considering that the government's actions in carrying out its functions by using public and private legal instruments will ultimately intersect with the interests of citizens, a means of legal protection is needed to maintain a balance so that the objectives of the public interest can be achieved without necessarily sacrificing the rights of citizens protected by law. This research is a normative-research that studies legal objectives, values of justice, validity of legal rules, legal concepts, and legal norms. Normative legal research can also be said to be a process for finding legal rules, legal principles, and legal doctrines in order to answer the legal issues at hand. The source materials used in this research are primary legal materials, secondary legal materials and tertiary legal materials. Primary legal material is Indonesian Law. Furthermore, the data collected is analyzed qualitatively. The element of “against the law” in the formulation of administrative disputes referred to in Law Number 30 of 2014 concerning Government Administration is to interfere with the rights of others; second, contrary to the legal obligations of the perpetrator; third, contrary to decency; fourth, contrary to the decency, thoroughness, and careful attitude that a person should have in association with fellow citizens or against other people's objects. If these elements are fulfilled, the party aggrieved by the decision of the State Administrative Officer may file a lawsuit with the State Administrative Court. With the development of the concept of KTUN in Article 87 of Law No. 30/2014, it can be seen that concrete actions are one form of KTUN. Thus, the lawsuit against the existence of real actions which is an onrechtmatige overheidsdaad lawsuit which was previously the absolute competence of the District Court, has changed to the absolute competence of the State Administrative Court.
"Kashmiri Women in Politics: Driving Change in Jammu and Kashmir" Shujaat Yousuf pirzada
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2798

Abstract

This paper examines the evolving role of Kashmiri women in the political arena of Jammu and Kashmir, a region historically characterized by conflict and patriarchal norms. Despite socio-political constraints and cultural barriers, women in the region have increasingly begun to assert their presence in electoral politics, grassroots activism, and policymaking. Tracing the journey from early pioneers like Begum Zaffar Ali to contemporary leaders such as Sakina Itoo and Shehla Rashid, the paper highlights the growing visibility and influence of women in shaping the political narrative. It also investigates the current trends, challenges, and prospects for women’s political empowerment, arguing that inclusive governance and gender-sensitive reforms are crucial for sustained democratic development in the region.

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