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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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LEGISLATIVE RATIO OF SEMA NUMBER 3 OF 2023 IN GUARANTEEING SUBSTANTIVE JUSTICE IN DIVORCE CASES Nadia Romadhon; Abdul Rachmad Budiono; Hanif Nur Widhiyanti
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.v5i6.3949

Abstract

The high divorce rate in Indonesia, particularly within the religious courts, has drawn serious scrutiny in the practice of family law enforcement. The most dominant grounds for divorce, namely persistent disputes and arguments, are often presented with weak and subjective evidence, potentially creating legal uncertainty and injustice for certain parties, particularly women. To address this issue, the Supreme Court issued Supreme Court Circular Letter (SEMA) Number 3 of 2023, which tightens the requirements for granting a divorce petition on the grounds of persistent disputes, through a new formulation requiring two cumulative elements: first, proven inability to live in harmony between husband and wife, and second, a minimum of six months of separation of residence, unless domestic violence (DV) is proven. This study aims to examine the Ratio legis of the issuance of SEMA 3 of 2023 and its implications for the fulfillment of substantive justice in divorce cases in the Religious Courts. Using a normative juridical approach with qualitative analysis methods, this study examines related laws and regulations, legal literature, and theories of justice and legal certainty. The research findings indicate that SEMA 3 of 2023 plays a significant role in normatively unifying evidentiary standards and emphasizing judges' prudence in deciding divorce cases. However, in practice, these provisions can also create barriers to access to justice for economically, socially, and psychologically vulnerable parties, particularly in proving separation and domestic violence. Therefore, the fulfillment of substantive justice through the implementation of SEMA is highly dependent on judges' sensitivity in understanding the factual realities of households and their ability to interpret norms progressively, flexibly, and contextually.
"THE URGENCY OF HORIZONTAL SUPERVISION (JUDICIAL SCRUTINY) OF LEGAL AID IN PRE-TRIAL AS PART OF THE HUMAN RIGHTS OF SUSPECTS" Joshua Aditya Setyanugraha; Muktiono; Abdul Madjid
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.v5i5.4173

Abstract

This study examines the urgency of horizontal supervision (judicial scrutiny) of legal aid in pre-trial. Legal aid is a principle contained in the due process of law. The research method used in this study is normative research with a conceptual approach and a case approach. Horizontal supervision in the current pre-trial concept does not include legal aid as an object of judge's authority so that for suspects who are not accompanied by legal counsel as required by Article 56 of the Criminal Procedure Code, the assessment must be submitted to the trial examination. Furthermore, how should horizontal supervision of legal aid provide human rights guarantees to suspects? Horizontal supervision carried out by pre-trial judges or in the future through the concept of Preliminary Examining Judges, it is appropriate to provide a balance between the great power of the apparatus administering the pre-trial function, with the human rights of suspects, including legal aid which is a universal right, so that due process of law can be achieved.
THE PROBLEM OF MAXIMUM IMPRISONMENT TERMS FOR JUVENILES UNDER THE JUVENILE CRIMINAL JUSTICE SYSTEM ACT: A CASE ANALYSIS OF CONCURRENCE OF OFFENSES Bodro Aji Negoro; Setiawan Noerdajasakti; Abdul Madjid
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.v5i2.4183

Abstract

The maximum imprisonment term of ten years for juveniles under Law Number 11 of 2012 on the Juvenile Criminal Justice System (UU SPPA) presents a serious dilemma when applied to cases with aggravating circumstances, such as recidivism or concurrence of offenses. Judicial practice has shown deviations from this provision, one of which is reflected in the Penajam District Court Decision Number X/Pid.Sus-Anak/2024/PN Pnj, which sentenced a juvenile offender to twenty years of imprisonment for premeditated murder and aggravated theft, where trial findings also revealed postmortem sexual assault on the victim’s body. This decision sparked normative debates on whether the judge had exceeded the statutory maximum penalty for juveniles as stipulated by law, or instead fulfilled the demand for substantive justice. The complexity of this issue becomes more pronounced in the context of globalization, where today’s juveniles experience accelerated cognitive and emotional maturity due to extensive exposure to technology and global interaction—conditions that differ significantly from those in 1989, when the Convention on the Rights of the Child set the maximum age limit for juveniles at eighteen years. Employing a normative-juridical method through statutory and case study approaches, this research analyzes the normative conflict between the UU SPPA and judicial practice, and identifies a legal vacuum that requires legislative reconstruction, particularly in formulating clearer sentencing guidelines for juveniles in cases involving aggravating circumstances.
THE LEGAL CERTAINTY OF ELECTRONIC EVIDENCE AUTHENTICATION UNDER THE CIVIL PROCEDURE LAW IN INDONESIA Kevien Dicky Aldison; Patricia Audrey Ruslijanto; M. Sudirman
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.v5i5.4219

Abstract

This study examines the legal certainty of electronic evidence authentication under the Civil Procedure Law in Indonesia. The research highlights the importance of providing regulation to authenticate electronic evidence, as stated in Article 5 of Law Number 1 of 2024, which concerns the Second Amendment to Law Number 11 of 2008 regarding Electronic Information and Transactions. The study adopts a normative juridical approach; the researcher's focus in this legal research is on legal principles and legal inventory research. The researcher aims to analyze the legal principles governing electronic evidence and its authentication process in civil procedure law. The primary purpose of this research is to ensure that legal certainty regarding the authentication of electronic evidence is achieved perfectly and comprehensively. It is considered necessary, given that civil procedure law in Indonesia has not explicitly regulated the authentication mechanism for electronic evidence until now. Therefore, by adding legal provisions that specifically restrict the authentication of electronic evidence in civil procedure law, the value of legal certainty can be achieved fully and comprehensively. This research is expected to contribute in the form of conceptual and normative analysis that can strengthen the argument regarding the urgency of regulating the authentication of electronic evidence. Thus, the results of this research not only provide an academic foundation but also offer constructive ideas that are relevant to the development of civil procedure law in Indonesia, particularly in the context of resolving civil disputes involving the use of electronic evidence.
LEGAL PROTECTION FOR EMPLOYMENT AND PREVENTIVE MEASURES AS A MEANS OF SOLVING THE PROBLEM OF LOW QUALITY HUMAN RESOURCES Yohannes Dongan Tua Situmorang
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.v5i6.4241

Abstract

Every Indonesian citizen naturally desires social welfare. Every need, such as food, clothing, education, health, employment, a comfortable environment, and other basic needs, can be met. Therefore, social welfare also depends on the type and level of knowledge possessed and developed by the community itself. If human resource development efforts in a country are carried out optimally, the level of happiness and prosperity in a country will increase. As is the case with Indonesia, which is constantly developing its human resources in accordance with current developments. Furthermore, workers require legal certainty in carrying out their work. In this regard, the law is essential in regulating human resource management. The government's role must continue to be enhanced in terms of legal protection for all workers. This should include creating clear and fair legal products, socializing these legal products, and taking firm action against violators of established laws and regulations. The problem that has arisen is the large number of foreign workers entering Indonesia. The government's policy of implementing visa-free provisions for a number of countries will have an impact on the emergence of illegal immigrants in Indonesia. This is also feared to eliminate job opportunities for the Indonesian people, and the arrival of foreign workers could even create social, political, and security problems. Regulation of the Minister of Manpower of the Republic of Indonesia Number 14 of 2015 concerning the Ministry of Manpower's Strategic Plan for 2015-2019 explains that Indonesia's labor market still suffers from low-quality human resources. This has resulted in low competitiveness of Indonesian workers compared to foreign workers entering Indonesia. One solution implemented by the Government is collaboration with various domestic and foreign institutions, both government and private, and companies that accommodate or absorb human labor. This is expected to provide the best results in addressing the problem of weak human resources in Indonesia.
LEGAL RECONSTRUCTION OF COPYRIGHT AS MARITAL PROPERTY IN INDONESIAN LAW Piput Milandsari Milandsari; Yenny Eta Widyanti; Yuliati
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.v5i6.4248

Abstract

This study examines the reconstruction of copyright law as marital property within the Indonesian legal framework, focusing on the economic rights of works created during marriage. The research background stems from the complexity of the relationship between intellectual property rights and family law, where copyright often becomes a source of conflict in asset division during divorce. Employing a normative method with legislative, comparative, and conceptual approaches, this study compares regulations in Indonesia and the People's Republic of China. The findings indicate that Indonesia lacks specific rules on the division of economic copyright rights as marital property, whereas China has explicitly integrated them into the Civil Code. Reconstruction is proposed through harmonization of the Copyright Law and Marriage Law, differentiation between moral and economic rights, and the establishment of technical regulations to ensure legal certainty, justice, and protection of creators' rights. These findings contribute to the development of a more responsive national law towards intangible assets in family contexts.
THE IMPACT OF CIVIC EDUCATION ON SOCIAL BEHAVIOR CHANGES AND CRITICAL THINKING SKILLS OF GEN Z AT BANYUWANGI STATE POLYTECHNIC Ninik Sri Rahayu Wilujeng
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 1 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i1.4254

Abstract

Civics education is a key factor in shaping the social and critical behavior of the younger generation in the digital era. It is known that Gen Z's social behavior lately when giving criticism on social media can be said to be impolite. In addition, they are also less concerned about the environment. This study aims to analyze the impact of civics education on the social behavior and critical thinking of Gen Z (students) at Banyuwangi State Polytechnic. This research method uses a quantitative approach with a survey method of 150 students, data collected through a Likert-scale-based questionnaire that measures aspects of social concern, public participation, and critical thinking. The results show a significant positive correlation between the level of understanding of civics education on social behavior and critical thinking skills of students (Gen Z). The highest correlation coefficient is found in the relationship between understanding of Civics Education and Critical Thinking Skills with r = 0.921 (p < 0.01). This finding confirms that in-depth and integrated civics education in the campus curriculum can encourage the birth of more aware, proactive, and critical thinking citizens. Practical implications include the importance of strengthening contextual civics education modules and learning based on case studies, interactive, and relevant to current issues among students (Gen Z).
THE TRANSFORMATION OF WOMEN'S ROLES IN PARLIAMENT: BETWEEN EMANCIPATION AND UPHOLDING HUMAN RIGHTS (CASE STUDY IN BANYUWANGI REGENCY) Eka Lestari; Nikmatul Keumala Nofa Yuwono; Etis Cahyaning Putri
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.v5i5.4261

Abstract

This study explores the transformation of women's roles in Indonesia's parliamentary institutions, focusing on the intersection between women's emancipation and human rights enforcement at the local level, with Banyuwangi Regency as a case study. The research analyzes how gender equality principles—enshrined in international conventions such as CEDAW and Indonesia's national legislation—are reflected in the political representation and policy contributions of female members of the Banyuwangi Regional People's Representative Council (DPRD). Employing a qualitative descriptive approach, data were collected through document analysis, interviews with female legislators and human rights activists, and secondary data from the General Election Commission (KPU) and the National Commission on Violence Against Women (Komnas Perempuan). The findings indicate that while women's representation in Banyuwangi DPRD has increased following the national 30% gender quota policy, substantive advocacy for women's rights and gender equality remains constrained by patriarchal norms, limited political resources, and institutional barriers. The study concludes that gender transformation in local parliaments like Banyuwangi is ongoing, reflecting both progress and persistent inequality in realizing women's political emancipation and human rights protection.
EDUCATION STATUS OF MUSLIM WOMEN IN KAYALPATTINAM S. Benazeer
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.v5i2.4262

Abstract

In Tamil Nadu, education was regarded as an important aspect of society. During the pre-British period, Muslim women received little attention in education, as male education dominated. Though Islam encouraged women’s learning, social customs like the purdah system and early marriages restricted their access. The arrival of the British and the influence of Christian missionaries marked a turning point in Muslim women’s education. Before 1850 A.D., there were no organized Muslim institutions in Tuticorin; education took place at teachers’ homes where Lebbais taught the Quran, Arabic, moral values, Tamil, and basic mathematics. Most families depended on fishing, weaving, cultivation, and cattle grazing for livelihood, which limited girls’ education. Kayalpattinam, an ancient settlement famous since the Sangam age, along with Korkai, Tiruchendur, and Tuticorin, became centers symbolizing Muslim culture and learning in southern Tamil Nadu.
SOCIOLOGY OF LAW AS A MEANS OF SOCIAL ENGINEERING IN RELATION TO CYBER CRIME Andreas Kevin Simanjorang; Catharina Dewi Wulansari
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.v5i5.4268

Abstract

The existence of law can be a tool for organizing, influencing, and renewing community life. Community thought patterns and behavior can be guided in a righteous and constructive direction if the law can be empowered as a strategic force to influence them.Law has become a crucial instrument for controlling and countering social engineering, particularly in the digital 4.0 era, where cybercrime is on the rise. This paper aims to examine the role of law as a tool for social change in everyday life. This paper utilizes a literature review (library research) method.

Page 86 of 107 | Total Record : 1066

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