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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 939 Documents
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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): May
Publisher : 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): May
Publisher : 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.
CHALLENGES OF GENDER DISCRIMINATION AND PAY INEQUALITY ENCOUNTERED BY WOMEN IN SOUTH AFRICAN WORKPLACES Phoke Alpha Rakgwata; Tumelo Sekgobela
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2815

Abstract

Women experience various challenges that leads to gender inequality. The patriarchal system in various countries subject women to slavery and undue pressure. Globally, women continue to be subject of inequality and are not treated the same way that other genders would. Religion, culture, norms and customs are some of the elements that contribute to the challenges faced by women throughout the world. The patriarchal system believes in subjecting women to have less rights as compared to the male gender. The purpose of this paper was to address the challenges faced by women in their workplaces on daily basis. It further sought to challenge the perception about women incompetence in performance of their duties. Gender equality will achieve its intended purpose when there is diversity and equal treatment of all genders. The study adopted the qualitative research approach to gain better understanding of the phenomenon within the natural setting. The ecological theory was used as a theoretical framework to understand the gender discrimination, inequality and pay gap. The theory was applied to bring foundation and confirm the findings of the study. The study found that South African workplace is vulnerable for gender discrimination, inequality and pay gap. Transformation of the workplace should be prioritized to be inclusive of all genders. It further highlighted the importance of the implementations of the existing policies.
INCONSISTENCY IN THE PROVISION OF RESTITUTION FOR VICTIMS OF SEXUAL VIOLENCE CRIMES IN LIGHT OF JUDICIAL DECISIONS IN INDONESIA David Mangaraja Lumban Batu; Setiawan Noerdajasakti; Faizin Sulistio
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2816

Abstract

Indonesia, as a state governed by the rule of law, is committed to protecting human rights through the Criminal Justice System. One of the main challenges is the handling of sexual violence crimes. To this end, Law No. 12 of 2022 on Sexual Violence Crimes (UU TPKS) affirms the right to restitution for victims as part of their recovery. However, implementation in practice shows differences in judicial considerations and attitudes in determining restitution, despite its clear regulation in the law. This study aims to analyze the factors hindering the implementation of restitution for victims of sexual violence crimes, with a focus on cases carrying penalties exceeding four years. This research is expected to provide recommendations to enhance law enforcement compliance in fulfilling the obligation to provide restitution, thereby better protecting victims’ rights.
SENTENCING OF CHILD OFFENDERS UNDER 14 YEARS OLD IN CASES OF SEXUAL VIOLENCE AGAINST CHILDREN BASED ON THE PRINCIPLE OF THE BEST INTERESTS OF THE VICTIM Geraldo Gracelo Mario Situmeang; Setiawan Noerdajasakti; Abdul Madjid
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2823

Abstract

The imposition of sanctions on child offenders under 14 years old in cases of sexual violence against children presents a legal dilemma between protecting the child offender and upholding the rights of the victim. Law No. 11 of 2012 on the Juvenile Justice System (Law on Juvenile Justice System) stipulates that children under 14 years old may only be subjected to measures, while Law No. 12 of 2022 on Sexual Violence Crimes (Law on Sexual Violence Crimes) emphasizes victim protection and recovery. This article examines the imbalance between these two regulations and analyzes the most appropriate sanctions based on the principle of the best interests of the victim. Using a normative juridical approach and case studies, it is found that while the Law on Juvenile Justice System aims to protect child offenders from the adverse effects of criminal sanctions, in cases of sexual violence against children, this approach risks neglecting victims’ rights. Therefore, a more flexible legal interpretation is needed to ensure that sanctions not only focus on the offender but also consider justice for the victim.
Challenges Affecting Conservation Areas With Unsustainable Harvesting Of The Mopane Worms Mr Takalani Ernest Dzhanngi; Thizwilondi Madima; Justice Makhanikhe
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2842

Abstract

Challenges affecting conservation areas with unsustainable harvesting of the Mopane worms This study explored the challenges affecting conservation areas with unsustainable harvesting of the Mopane worms. It was observed that conservation areas in South Africa continued to use pesticides and deforestation, which could potentially lead to the extinction of Mopane worms. Pesticides were found to damage the leaves of Mopane trees, adversely affecting the mass production of Mopane worms. As Mopane worms are an indigenous staple crucial for local livelihoods, their decline poses significant concerns for the communities dependent on them. The overharvesting of Mopane worms without adequate ecosystem protection led to environmental unsustainability. This study highlighted the need for conservation areas to adopt alternative pest control methods and avoid deforestation to protect Mopane worm breeding habitats. The study was guided by the Afrocentricity Theory developed by Molefi Kete Asante in 2020, which emphasizes recognizing African values and perspectives. A qualitative research design was employed, utilizing purposive and snowball sampling methods for selecting participants. Semi-structured interviews were conducted, and thematic data analysis was used to interpret the findings. Data saturation was achieved with the 13th participant. The study revealed that sustainable management and harvesting practices are essential for preserving Mopane worms for future generations. Implementing integrated pest management strategies and promoting conservation practices that do not compromise Mopane worm habitats are crucial for ensuring the long-term viability of Mopane worm populations. The study concluded that balancing conservation efforts with local economic needs is vital for the sustainable harvesting of Mopane worms. Effective measures must be taken to mitigate environmental impacts while supporting the livelihoods of the local communities.
Problems That Traditional Health Practitioners And Western Health Practitioners Encounter In Interfacing Favour Siema; Thizwilondi Madima; Isreal Siema
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2849

Abstract

The study focused on the Problems that traditional health practitioners and western health practitioners encounter in interfacing .The interfacing of traditional health and western health care system has become increasingly important in recent years, particularly in Africa and other developing region however, the interfacing of traditional health practitioners and western health practitioners is often hindered by various challenges. Thus, the traditional health care system of South Africa, which was the primary health care for the indigenous people is mostly undermined by various religious groups. The youth and the scientific institution demonize the indigenous health care system and its practice as they associate it with witchcraft and other evil practices. Traditional health practitioners and western health practitioners have distinct diagnostic methods, philosophical approaches to health and illness. Western health practitioners focus on biomedical and scientific explanation while traditional health practitioners focus on spiritual and holistical aspects. The researcher observed a growing trend in the twenty-first century towards interfacing Traditional Health Practices (THPs) with Western doctors. It appears that basic health care systems were provided by traditional medical professionals in civilizations prior to the arrival of colonialism. The objective of the study was as follows, to examine problems that traditional health practitioners and western health practitioners encounter in interfacing. The study adopted an employ sociocultural theory. The study used a qualitative research design and was exploratory in nature. Data was generated using semi-structured interviews as data collection instruments.The finding of the shows that western practitioners do not believe that the ancestors do exist, and they undermine the diagnosing methods of traditional practitioner, as they say it is based on speculations due to lack of scientific results.The study recommend that education could make our community conscious of the conventional health care system and work to make youth and scientific groups be able to know and understand the importance of traditional health care system, integration of traditional health and western healthcare system and Funding traditional health care system.
The Use Of African Medicines In The Treatment Of Ḓorobo (Gonerrhoea), Among Female Youth Isreal Siema; Thizwilondi Madima; Favour Siema
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2850

Abstract

The aim of this study was to explore the use of African medicines in the treatment of ḓorobo (Gonerrhoea), among female youth. Sexually transmitted infections are a major problem in South Africa. The Department of Health shows that most cases of sexual transmitted disease are reported each year. Currently there is lack of documentation to substantiate assertions regarding indigenous health care methods of the African communities relating to sexually transmitted infections. The objectives of the study were as follows; to explore the use of African indigenous medicine in the treatment of ḓorobo, the study adopted an African Healing Theories. The study used a qualitative research design and was exploratory in nature. Data was generated using semi-structured interviews as data collection instruments and analysed thematically. Purposive sampling was employed to select participants. The study discovered that most of the people uses African indigenous medicine for their daily health care needs in the treatment of ḓorobo in rural society. Moreso, African indigenous medicine is used by many people as primary health care since it is cheap and easily accessible, but it is said that it has some difficulties since it does not conform to the health standards of the country.
THE INDONESIAN SUPREME COURT REGULATION: ENABLING OFFENDERS AND VICTIMS TO FULFILL RESTORATIVE JUSTICE AGREEMENTS DURING PROBATION Alya Dean Putri; Prija Djatmika; Setiawan Nerdajasakti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2853

Abstract

This study investigates the application of conditional sentencing within the framework of restorative justice as outlined in Indonesian Supreme Court Regulation (PERMA) No. 1 of 2024. This regulation offers a mechanism that enables offenders to fulfill their obligations from restorative agreements during the probation period, promoting both offender accountability and victim restoration. The research analyzes the procedural aspects of restorative justice in criminal cases in Indonesia, particularly focusing on how it is implemented in courts. It highlights the benefits of integrating restorative justice with conditional sentencing, while also identifying challenges and gaps in the legal framework. Additionally, the study calls for further empirical research to evaluate the practical effectiveness of this approach and the legal consequences if offenders fail to fulfill their obligations during the probation period.
THE MEANING OF TWO VALID MEANS OF EVIDENCE IN DETERMINING A SUSPECTS IN THE PRE-TRIAL PROCESS Sultan Agung; Yuliati; Faizin Sulistio
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2855

Abstract

The purpose of this study is to find out whether 2 (two) valid evidence is only based on the quality of the evidence or should the quality of the evidence; and analyze the difference between examining the quality of evidence and examining the subject matter at trial. The method of this research is normative juridical with conceptual, statutory and comparative approaches. The results of the study show that the proof of 2 valid evidence to establish a person as a suspect in the pretrial process does not focus on determining the material truth, but rather on procedural and formalistic aspects. Basing the decision on two pieces of evidence quantitatively can cause big problems for the judge so that in addition to having to pay attention to the amount of evidence, but also having to check the quality of the evidence as the principle of evidence in Perma Number 4 of 2016 emphasizes that the testing of the quality of this evidence must be carried out carefully and carefully, so that the legal process remains fair and does not harm the rights of the suspect.

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