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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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FIDUCIARY OBLIGATIONS OF THE BOARD OF DIRECTORS IN MANAGING COMPANY SHARES: A CORPORATE LAW AND CAPITAL MARKET PERSPECTIVE Lenny Mutiara Ambarita
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.v5i4.4024

Abstract

Fiduciary duty is a fundamental principle in modern corporate law that requires directors to act in good faith, with due care, and prioritize the interests of the company over personal interests. In the Indonesian context, this obligation has been regulated normatively through Law Number 40 of 2007 concerning Limited Liability Companies and Law Number 8 of 1995 concerning Capital Markets. However, the implementation of fiduciary duty still faces various obstacles, both in terms of legal norms and judicial and capital market practices. This study uses a normative legal method with a statutory, conceptual, and comparative approach. The data used are primary legal materials such as laws, Financial Services Authority regulations, and court decisions, as well as secondary legal materials in the form of literature, scientific journals, and previous research results. The analysis was conducted qualitatively normatively through legal interpretation and construction. The results of the study indicate that although fiduciary duty has a legal basis, its implementation remains weak. From a corporate law perspective, the standards for implementing the duty of care and duty of loyalty remain unclear, making it difficult for minority shareholders to hold directors accountable. In judicial practice, the application of fiduciary duty is often inconsistent due to varying standards of proof. Meanwhile, from a capital market perspective, violations such as insider trading and conflicts of interest involving nominee directors remain rampant, which cannot be fully controlled by the Financial Services Authority (OJK)'s oversight mechanisms.
THE INFLUENCE OF LIVE STREAMING, CASHBACK, AND FREE SHIPPING ON PURCHASING DECISIONS PURCHASE OF TIKTOK SHOP (A STUDY OF MANAGEMENT STUDENTS AT MALIKUSSALEH UNIVERSITY) Nidea Rinzeni; Adnan; Widyana Verawati Siregar; Rusydi Abubakar
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.v5i2.4070

Abstract

This study aims to examine the influence of live streaming, cashback, and free shipping on purchasing decisions on TikTok Shop (a study of management students at Malikussaleh University). Data in this study was collected using a questionnaire as a data collection instrument. The sample size for this study was 102 respondents. This study employed a quantitative approach using multiple linear regression analysis and was processed using the SPSS (Statistical Package for the Social Sciences) software. Hypotheses were determined using SPSS version 25.0. The results of this study indicate that, partially, the Live Streaming variable has a positive and significant effect on purchasing decisions on TikTok Shop, statistically 0.001 < 0.005, and has a t-value > t-table, 2.907 > 1.660. The Cashback variable has a positive and significant effect on purchasing decisions on TikTok Shop, statistically 0.004 < 0.005, with a t-value > t-table, 2.771 > 1.660. Furthermore, the Free Shipping variable has a positive and significant effect on purchasing decisions on TikTok Shop, statistically 0.000 < 0.005, with a t-value > t-table, 9.825 > 1.660. The adjusted R-square value for the independent variables—live streaming, cashback, and free shipping—indicates that 70.1% of the variance is explained by these variables, while the remaining 29.1% is explained by other variables not included in this study.
LEGAL ANALYSIS OF LEGAL PROTECTION FOR CONSUMERS IN FINANCING AGREEMENTS WITH FIDUCIARY GUARANTEES IN THE DIGITAL AGE (RESEARCH STUDY IN THE CITY OF BATAM) Aris Munandar; Soerya Respationo; Erniyanti
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.v5i5.4088

Abstract

Land issues in Batam City have become an important issue due to the development of digital technology, which has driven changes in the mechanism of financing agreements with fiduciary guarantees, from conventional systems to electronic systems through Fidusia Online services. This situation has legal implications, particularly in relation to legal protection for consumers who are faced with standard clauses, the risk of misuse of personal data, and unilateral enforcement practices by creditors. This study aims to analyze the legal regulations regarding the role of notaries in ensuring the validity of digital fiduciary agreements, examine the implementation of the role of notaries in protecting consumer rights, and identify obstacles and formulate solutions in the implementation of legal protection in Batam City. The research method used is normative legal with a regulatory approach to examine regulations related to digital fiduciary, as well as empirical legal through interviews and observations with notaries and consumers in Batam City to obtain primary data. The theories used include the theory of justice as a grand theory, consumer protection theory as a middle theory, and legal effectiveness theory as an applied theory. The results of the study show that normatively, the legal basis for digital fiduciary agreements is found in the Fiduciary Guarantee Law, the ITE Law, the Consumer Protection Law, and the Minister of Law and Human Rights Regulation on Online Fiduciary, although there are still gaps in regulations related to digital deeds and electronic signatures. Empirically, notaries play an active role in explaining the contents of agreements, supervising the obligations of creditors, and protecting consumer rights. However, the effectiveness of legal protection is still hampered by limitations in digital infrastructure, low consumer legal literacy, and arbitrary enforcement practices by creditors. The recommendations include harmonizing digital fiduciary regulations with consumer protection, strengthening the role of notaries in providing digital legal advice, improving infrastructure and technology training, supervising digital contracts by the OJK and the Ministry of Law and Human Rights, and increasing legal education for the public so that they better understand their rights and obligations.
LEGAL ANALYSIS OF THE IMPLEMENTATION OF ELECTRONIC CERTIFICATES IN LAND ADMINISTRATION TO SUPPORT SMART LAND GOVERNANCE (RESEARCH STUDY AT THE TANJUNGPINANG CITY LAND OFFICE) Sella Natasha; Laily Washliati; Maniah
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.v5i5.4089

Abstract

The digitization of land administration through the implementation of electronic certificates is part of the government's efforts to realize smart land governance in Indonesia. The city of Tanjungpinang was chosen as the location for this study because it is one of the regions that has implemented the electronic certificate program in accordance with Minister of Agrarian Affairs and Spatial Planning/National Land Agency Regulation No. 3 of 2023 concerning the Issuance of Electronic Documents in Land Registration Activities. However, implementation in the field still faces a number of obstacles, both in terms of regulations, technicalities, and the readiness of human resources and service users. This study aims to analyze: (1) legal regulations regarding electronic certificates in land administration in Tanjungpinang City, (2) the implementation of electronic certificates in land administration practices, and (3) the contribution of the application of electronic certificates to increasing transparency, efficiency, and accountability of land governance based on smart land governance. The research method used is a descriptive qualitative approach with data collection techniques through literature study, in-depth interviews, observation, and documentation. The research subjects include officials and employees of the Tanjungpinang City Land Office, notary staff, and users of electronic land services. The analysis was conducted by comparing the regulatory framework with the reality of implementation in the field. The results show that although the legal basis for the implementation of electronic certificates is clear, its implementation still faces significant challenges, including limited technological infrastructure, low digital literacy among the public, lack of inter-agency integration, and dualism between manual and electronic procedures. Nevertheless, electronic certificates are considered to have great potential in improving the transparency, efficiency, and accountability of land governance. In order to achieve the goal of smart land governance, it is necessary to strengthen operational regulations, increase human resource capacity, develop equitable digital infrastructure, and conduct intensive public outreach.
LEGAL MODEL OF ERADICATING ILLEGAL CIGARETTES AS A MEANS OF INCREASING STATE REVENUE Bagyo Mulyono; Heri Hartanto
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.v5i5.4090

Abstract

This study examines the legal framework and enforcement efforts to combat the circulation of illegal cigarettes in Indonesia, with a focus on the “Gempur Rokok Ilegal” program implemented by the Directorate General of Customs and Excise (DGCE) in the jurisdiction of KPPBC TMP B Surakarta. Using a doctrinal legal research method with statute and conceptual approaches, the research analyzes preventive and repressive enforcement measures against violations in tobacco excise. Findings show that despite extensive campaigns and enforcement, the distribution of illegal cigarettes remains high, influenced by economic incentives, weak deterrence, and geographic proximity to major tobacco-producing regions. The study concludes that optimal law enforcement requires more intensive surveillance, stronger community involvement, and stricter penalties to deter offenders, thereby safeguarding state revenue from tobacco excise.
FORMULATION OF CRIMINAL LAW POLICY REGARDING NIHIL VERDICTS IN INDONESIAN CRIMINAL COURTS Hensi Septia Utami; Nurini Aprilianda; Faizin Sulistio
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.v5i6.4091

Abstract

The verdict of acquittal in the application of law enforcement still has problems, namely the existence of a conflict of norms or a regulatory gap, whereby Article 193 of the Criminal Procedure Code "orders" judges to impose a sentence if the defendant is proven guilty. However, Article 67 of the Criminal Code, which refers to the types of basic penalties in Article 10 of the Criminal Code, "prohibits" the imposition of penalties if the defendant has already been sentenced to death or life imprisonment. This conflict of norms or regulatory gap creates a dilemma for judges in enforcing the law. This research is a normative type of research , using a statute approach, a conceptual approach, and a case approach, as well as primary, secondary, and tertiary law, and a prescriptive analysis method. This study discusses two main issues, namely the Regulation of Nil Verdicts in Indonesian Criminal Procedure Law and the Ideal Regulation Related to the Concept of Nil Verdicts in Indonesian Criminal Procedure Law in the Future.
LEGAL ANALYSIS OF CHILDREN'S RIGHTS FROM SIRI MARRIAGES (CASE STUDY IN BATAM CITY) Fitri Sembiring Milala; Ali Amran; Maniah
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.v5i5.4092

Abstract

Unregistered marriages are still a common phenomenon in Batam City, causing serious impacts on the status and legal protection of children. Because these marriages are not recognized, children lose their basic rights such as identity, financial support, inheritance, and proper education. This problem is not only individual in nature, but has become a widespread social issue, exacerbated by the high population dynamics in Batam, which are characterized by urbanization, population mobility, and cultural heterogeneity, all of which influence marriage practices in society.This study aims to analyze the legal arrangements for children from unregistered marriages according to Indonesian positive law, the implementation of the rights of children from unregistered marriages in Batam City, and to identify relevant obstacles and solutions. The research focuses on how existing regulations, such as Constitutional Court Decision No. 46/PUU-VIII/2010 and the Child Protection Law, are applied in the field and the challenges faced in ensuring the fulfillment of these children's rights. The research method used is a normative and empirical juridical approach.  Data was obtained through an in-depth literature study of legislation and legal doctrine, as well as direct interviews with key informants such as judges from the Religious Court and District Court, the Head of Civil Registration Services at the Batam City Population and Civil Registration Office, and couples who had entered into unregistered marriages. This approach allowed for a comprehensive analysis of the applicable legal norms and the social reality in the field. The research results suggest that the Batam City Government and related agencies should strengthen the protection of children born from unofficial marriages through clear regional policies, administrative sanctions, and simple child recognition procedures. The implementation of children's rights needs to be strengthened through legal socialization, integrated services, community leader involvement, and outreach programs in areas with low registration rates to ensure that every child receives proper recognition and protection.
JURIDICAL ANALYSIS OF THE NAME TRANSFER PROCESS OF LAND RIGHTS AS MARITAL COMMUNITY PROPERTY (A Case Study at the Office of Notary & Land Deed Official YONDRI DARTO, S.H. in Batam) Nadia Defani; Laily Washliati; Agus Siswanto Siagian
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.v5i5.4093

Abstract

The process of transferring land rights as part of marital property after divorce is an important aspect in providing legal certainty for the entitled parties. Within the national legal framework, joint property is explicitly regulated in Article 35 paragraph (1) of the UUP, and to implement the transfer of rights, an authentic deed in the form of a Deed of Separation and Division of Joint Property is required, drawn up by a notary in accordance with the authority based on Article 15 paragraph (1) of the Notary Law. This deed then becomes the basis for the PPAT to issue an APHB for the purpose of transferring ownership at the Land Office. This study aims to analyze the process of transferring land rights to joint property through a research study at the Notary and PPAT Yondri Darto, S.H., in Batam. This study analyzes the legal regulations, their implementation, as well as the obstacles and solutions. This study uses a descriptive method with a normative approach (legal research) to obtain secondary data and an empirical approach (sociological jurisprudence) to obtain primary data through field research. Based on the results of the study, it can be concluded that the mechanism of transfer of ownership through the Deed of Separation and Division of Joint Property and APHB is a legal and efficient solution, as long as the procedures and documents are fulfilled in accordance with legal provisions. Obstacles that often arise include a lack of understanding by the parties and administrative obstacles. Therefore, the parties are advised to immediately take legal steps after divorce, while Notaries and PPATs ensure procedural compliance with the support of legal education, administration, and technology-based service systems.
THE ROLE OF INDIGENOUS COMMUNITIES IN SUSTAINABLE TOURISM IN WAKATOBI: A GOOD GOVERNANCE PERSPECTIVE Mahrudin Udin; Purwanto; Retno Sunu Astuti; Ida Hayu Dwimawanti
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.v5i5.4099

Abstract

Wakatobi, located in Southeast Sulawesi, Indonesia, is recognized as one of the country’s leading marine tourism destinations and designated as a UNESCO Biosphere Reserve. However, the sustainability of tourism development in this region relies not only on ecological potential but also on the role of indigenous communities in governance practices. This article examines the role of indigenous communities in sustainable tourism governance in Wakatobi through the lens of good governance. Data were collected using a qualitative approach, including semi-structured interviews with customary leaders, village officials, tourism actors, and domestic and international tourists. The findings demonstrate that indigenous communities play a pivotal role in ensuring transparency through customary marine regulations, fostering participation via homestays and cultural festivals, strengthening accountability in community-based tourism funds, enhancing effectiveness through the integration of customary and formal rules, and promoting equity in the distribution of economic benefits. This study contributes to the literature on sustainable tourism governance by highlighting the centrality of indigenous knowledge in achieving inclusive and sustainable outcomes.
LEGAL PROTECTION FOR CAR RENTAL BUSINESS ACTORS AGAINST RENTERERS WHO ARE IN DEFAULT (Study of Decision Number 32/Pdt.G/2019/PN Btl and Decision Number 1065/Pdt/2023/PT.DKI) Natassya Fachrina; Dewi Iryani; G. Nyoman Tio Rae
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.v5i5.4101

Abstract

The development of the car rental business in Indonesia faces significant legal challenges, particularly related to default by renters. This study aims to analyze the legal protection available to car rental businesses when facing renters who default, by examining two court decisions: Decision Number 32/Pdt.G/2019/PN Btl and Decision Number 1065/Pdt/2023/PT.DKI. The research method used is normative juridical with a case-based approach and a statutory approach. The results show that legal protection for car rental businesses can be achieved through preventive and repressive channels. Preventive protection is carried out through the creation of a comprehensive written agreement, while repressive protection can be achieved through a lawsuit for default or unlawful acts. Both decisions analyzed show that the courts provide legal protection to business owners by punishing renters who default by paying compensation. However, the implementation of this legal protection still faces obstacles, particularly in terms of executing decisions and recovering losses. This study recommends the need to strengthen regulations specifically for the car rental business and improve guarantee mechanisms that can protect the interests of business owners.

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