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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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THE ROLE OF JUDGES IN ADJUDICATING DEFAULT CASES CONTAINING ELEMENTS OF ABUSE OF CIRCUMSTANCES IN THE BANKING SECTOR Wandita Pramesthi; Reka Dewantara; Yenny Eta Widyanti
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.v5i3.2867

Abstract

In the Indonesian civil law system, the role of judges is crucial in adjudicating cases involving contractual legal relationships, particularly in banking default cases. Injustice often arises from the abuse of circumstances, where debtors who are in a weak position are often victims of adverse bank policies. Additionally, high interest rates and oppressive contractual clauses pose significant challenges for judges. This research shows that disparities exist in court decisions on abuse of circumstances, creating legal uncertainty. Using a normative juridical approach, this research examines the need for clear legal guidelines from the Supreme Court to establish uniformity in the handling of default cases. Stronger regulations are expected to ensure that judges make more judicious decisions and uphold justice for all parties. This research emphasises the importance of applying the principle of fairness in contracts, so that freedom of contract does not neglect the rights of weaker parties.
THE URGENCY OF CRIMINALIZING SURROGATE MOTHER PRACTICES REVIEWED FROM INDONESIAN CRIMINAL LAW Putri Carera Santi Romauli Simamora; Prija Djatmika; Setiawan Noerdajasakti
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.v5i3.2868

Abstract

The advancement of science goes hand in hand with the development of increasingly varied community needs, requiring the law to continue to be dynamic in order to keep pace with these developments. So that with the advancement of technology and the development of science in the health sector, it is hoped that it can help support the welfare and health of mankind. But in this case, the question arises whether Indonesian law has accommodated technological advances in the health sector, especially in terms of the implementation of surrogate mothers. In Indonesia, the regulation regarding the inability of surrogate mothers is still not explicitly regulated in the law so that it still seems vague, both in terms of its regulation and in terms of its sanctions. Using a normative legal research method, this study analyzes whether according to Indonesian positive law, the practice of surrogate mother can be criminalized.
CONSTRUCTION OF THE APPLICATION OF DOMESTIC VIOLENCE CRIMINAL ACT IN UNREGISTERED MARRIAGES Yudita Trisnanda; Rodiyah Tangwun; Indah Sri Utari
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.v5i3.2869

Abstract

Unregistered marriages are still a common phenomenon in Indonesia, even though marriage registration plays an important role in providing legal certainty and protection, especially in cases of domestic violence (KDRT). Law Number 23 of 2004 concerning the Elimination of Domestic Violence stipulates that the scope of legal protection is only for husband and wife relationships that are legal according to state law. This raises legal problems if violence occurs in unregistered marriages, because victims, especially women, cannot obtain maximum protection. This study aims to examine the construction of the application of law to the crime of domestic violence in unregistered marriages and its urgency in the Indonesian legal system. The research method used is a normative legal approach with a qualitative analysis of relevant laws and case studies. The results of the study indicate the existence of dualism in law enforcement that creates uncertainty and injustice for victims. Therefore, a comprehensive legal construction is needed so that the Law on the Elimination of Domestic Violence can also be applied to cases of violence in marriages that have not been administratively registered but are religiously legal.
LEGAL IMPLICATIONS OF THE ADMISSION OF EXCEPTIO NON ADIMPLETI CONTRACTUS ON A COUNTERCLAIM IN A BREACH OF CONTRACT CASE Sinar Tamba Tua Pandiangan; Rachmi Sulistyarini; Hanif Nur Widhiyanti
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.v5i3.2878

Abstract

In Indonesian judicial practice, there is a divergence of opinions among judges regarding the legal consequences/implications of the acceptance of Exceptio non adimpleti contractus on counterclaim. This has prompted the author to research the legal implications of the acceptance of Exceptio non adimpleti contractus on the counterclaim in breach of contract cases. This research utilizes a normative legal research method. If Exceptio non adimpleti contractus is granted, the counter claim may still be considered by the panel of judges to fulfill the principles of simple, swift, and low-cost justice. This approach is considered more efficient and avoids delays also additional costs that would arise if the defendant were required to file a new lawsuit. Moreover, within the framework of progressive legal theory, adjudicating a case while considering the counterclaim, even after Exceptio non adimpleti contractus is granted, can provide real benefits to society by ensuring prompter and more affordable access to justice.
ADMINISTRATIVE COURT JUDGES' EFFORTS TO PROVIDE LEGAL PROTECTION IN ENVIRONMENTAL DISPUTES (Decision Number 59/G/2023/PTUN.JKT) Muhammad Fathur Rahman; Moh. Fadli; Adi Kusumaningrum
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.v5i3.2896

Abstract

The enactment of Law Number 32 of 2009 concerning Management and the Environment has been based on a legal basis and a philosophical basis that has elements of protection for Human Rights. In the provisions of Perma Number 1 of 2023 concerning Guidelines for Adjudicating Environmental Cases, it not only expands the objects of Environmental disputes but also adds a PTUN touchstone in testing the validity of Decisions or Actions taken by Officials/State Administrative Agencies, namely human rights provisions. As the third touchstone, it does not mean that Human Rights Provisions can be set aside in testing environmental disputes. Because environmental disputes are closely related to Human Rights. So that PTUN Judges can classify which Decisions or Actions are classified as violating the Law, AUPB or Human Rights Provisions. This research method is carried out by reviewing literature sources, namely by examining legal principles and norms. This article aims to provide an understanding of Judicial Activism in Environmental cases by the Panel of Judges, which is not impossible based on the Theory of Legal Protection in order to realize the objectives of the law, namely justice, benefit and legal certainty.
LEGAL REVIEW ON THE MISUSE OF ASSET DISCLOSURE DATA IN THE TAX AMNESTY PROGRAM IN THE CASE OF MONEY LAUNDERING CRIMINAL OFFENSES Heru Karyono; Bambang Ali Kusumo
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.v5i3.2904

Abstract

This study aims to analyze the misuse of data disclosed in the Tax Amnesty Program in the context of money laundering criminal offenses (ML). The Tax Amnesty, regulated by Law No. 11 of 2016, provides taxpayers the opportunity to disclose undeclared assets without the risk of criminal sanctions. However, the emergence of practices misusing this protected data, particularly in money laundering investigations, creates complex legal issues. This research uses a normative juridical approach to examine legislation, the principle of non-self-incrimination, and the role of law enforcement authorities in utilizing amnesty data. The findings of the study show a tension between the legal protection of data disclosed in this program and the authority of law enforcement agencies to investigate and act on potential money laundering. The study concludes that the use of Tax Amnesty data for criminal purposes, particularly in relation to ML offenses, must be done with caution to avoid violating fundamental principles of human rights protection and legal certainty.
Key Factors In The Home Environment Contributing To The Low Pass Rates Of Primary Students In Selected Schools In Marondera District: A Comprehensive Review Using A Decision-Oriented Model Chrispen Chiome; Prisca Mtizwa
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.v5i3.2907

Abstract

This article uses a decision-oriented model to provide a comprehensive review of the key factors in the home environment of learners contributing to the low pass rates of primary students in selected schools in the Marondera District. The home environment plays a significant role in shaping a child's academic achievement, and various factors contribute to this influence. This review examines the relationship between home environment and academic performance, highlighting the key factors that impact learners' success. The study’s design was embedded mixed-methods research design. The sample comprised of two hundred and sixteen respondents and participants who were randomly and purposively selected. The study’s data collection and generation instruments were the questionnaire, document analysis, interview and observation. Qualitative data was analysed using the traditional thematic content analysis and quantitative data wase analysed using statistical methods. The key findings include parenting styles, education of parents, financial position of parents, resources for education in the home, attitudes of parents towards schooling, socio-economic context environment and parents’ conflict. The research concluded that there were serious impediments in the home environment that has affected learners. The study recommends multifaceted approach that also upgrades the school environment as a way of improving the pass rate of the children in this study. The study also recommends a vast supply of safety nets and equitable distribution thereof. As well as encouraging parents to create a home that is conducive for their children’s access to quality education.
Navigating the Intersection of Vulnerability and Resilience: The Lived Experiences of the Abused Foster Children in South Africa. Decent Munzhelele; Mukhethwa Doreen Mugivhi; Phoke Alpha Rakgwata
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.v5i3.2908

Abstract

Foster care is the temporary placement of a child who needs care and protection. The child is placed in the care of a suitable person who is not the parent or guardian of the child. This study aims to critically explore the nuanced experiences of foster children who have endured abuse, focusing on the intersections between vulnerability and resilience within the South African foster care system. The primary objective of this article is to understand how abuse shapes the psychological, emotional, and social well-being of these children, while also identifying the factors that contribute to their resilience and capacity to overcome adversities. Utilizing a qualitative research approach, the study adopts an exploratory research design, which allows for an in-depth examination of existing literature and secondary data sources relevant to the subject matter. As a comprehensive desktop study, the research synthesizes a range of qualitative data derived from reports, academic articles, governmental and non-governmental documents, and other pertinent resources. Thematic data analysis was employed to systematically identify and interpret recurring themes and patterns in the data, with a particular focus on the vulnerabilities these children face and the adaptive strategies they develop to navigate their challenges. The findings reveal a complex and multifaceted picture of foster children's lives, where the Psychological Trauma and Long-term effects of abuse are compounded including, stigma and Social Exclusion in their foster care system, role of Cultural and Societal Factors in Shaping Resilience and barriers to access support services have been found as the central findings. The findings of this article intend to inform and influence policymakers, the department of social development to provide the conducive environment that is more effective for child protection.
ANALYSIS OF CONTROVERSIAL ARTICLES IN THE DRAFT CRIMINAL PROCEDURE CODE (RUU KUHAP) AND THEIR IMPLICATIONS FOR CRIMINAL LAW POLICY Heru Karyono; Bambang Ali Kusumo
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 2 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i2.2917

Abstract

The Draft of the Indonesian Criminal Procedure Code (RUU KUHAP) is formulated as a reform of Indonesia’s criminal procedure system to align with legal developments and societal needs. However, a critical review of several key articles within the draft reveals potential issues that may affect the effectiveness of law enforcement and the protection of human rights. These issues include imbalances in investigative authority, ambiguity in the concept of restorative justice, threats to privacy rights through wiretapping, and inconsistencies between witness protection and criminal sanctions. Additionally, limitations on pretrial rights, unclear provisions regarding electronic evidence, and uncertainty in the review (judicial reconsideration) mechanism are significant concerns. Using a normative juridical approach and qualitative analysis, this article recommends the refinement of problematic articles in the draft to ensure alignment with principles of justice, legal certainty, and human rights protection, while also addressing the needs of a modern and balanced criminal justice system.
ENHANCEMENT OF GUIDELINES FOR ADJUDICATING CRIMINAL CASES THROUGH RESTORATIVE JUSTICE IN COURT INSTITUTION Dedi Putra; I Nyoman Nurjaya
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.v5i3.2918

Abstract

This research aims to analyze guidelines for adjudicating criminal cases through restorative justice in offenses affecting victims, the categorization of drug offenses suitable for restorative justice adjudication, and verdict forms not yet covered in Supreme Court Regulation Number 1 of 2024 concerning Guidelines for Adjudicating Criminal Cases Based on Restorative Justice. This research employs normative legal analysis through conceptual, legislative, and case methodologies. The analysis concludes that the rule has not established criteria for adjudicating narcotics offenses. The principle of restorative justice pertains not just to crimes with discernible victims but also to victimless acts, such as drug-related crimes. Individuals impacted by substance abuse are entitled to medical and social rehabilitation, which may reinstate their autonomy from narcotics, in alignment with the ideals of restorative justice. The author also suggests including several types of verdicts, such as imposing penalties, mandating restitution to parents, granting exemptions from punishment, absolving individuals of all legal rights, and enforcing compliance with peace accords. The diversity of verdicts assists judges in selecting the appropriate form when administering a sentence to the defendant within the context of restorative justice.

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