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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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POLICY ON THE LEGAL REGULATION OF CRIMINAL ACTS INVOLVING THE MISUSE OF ARTIFICIAL INTELLIGENCE DEEPFAKES Amalia Andayani Nugraha; Faizin Sulistio; Patricia Audrey Ruslijanto
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.v5i6.4416

Abstract

The development of artificial intelligence (AI) technology has brought significant advances in various areas of human life, but on the other hand, it has also created new challenges in the legal field, especially through the emergence of deepfake technology. Deepfake technology utilizes AI to manipulate images, videos, and voices of individuals to appear realistic, which in practice is often misused for purposes such as fraud, pornography, spreading hoaxes, and damaging reputations. Indonesia currently has no specific regulations governing the misuse of deepfake technology, so law enforcement still relies on general provisions such as the Criminal Code, the Electronic Information and Transaction Law, the Personal Data Protection Law, and the Sexual Violence Criminal Law. This legal vacuum or incompleteness causes legal uncertainty and potential violations of the principle of legality. Through a criminal law policy approach, adaptive legal reforms are needed to keep pace with developments in digital technology. Efforts that can be made include revising the Electronic Information and Transaction Law as lex specialis that regulates provisions on deepfakes or formulating specific regulations on artificial intelligence (AI) that comprehensively regulate ethical aspects, responsibility, and criminal liability. This policy is expected to provide certainty, justice, and protection of individual rights in facing the legal challenges of the digital era in Indonesia.
THE ROLE OF AMICUS CURIAE IN IMPROVING THE QUALITY OF JUDICIAL DECISIONS IN CRIMINAL CASES IN INDONESIA Yessika Florencia; Milda Istiqomah; Faizin Sulistio
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.v5i6.4417

Abstract

The criminal justice system in Indonesia has not explicitly regulated the requirements, procedures for submitting, and the position of amicus curiae in the criminal justice system in Indonesia. There are judges who reject the submission of Amicus curiae because there is no procedural law governing it, judges argue that procedural law in the judicial process is very important in realizing legal certainty in Indonesia. Meanwhile, judges who accept amicus curiae applications use Article 5 paragraph (1) of Law No. 48 of 2009 concerning Judicial Power as the basis for accepting amicus curiae in trials. Progressive judges use Amicus curiae in their consideration of their decisions both from a philosophical, juridical and sociological perspective, where the hope is that the judge's decision will not only provide legal certainty but also truly provide a sense of justice and benefit to the parties. This study aims to determine the role of amicus curiae or friends of the judiciary in improving the quality of judges' decisions in the criminal justice system process in Indonesia. This research uses normative juridical method by using statutory approach and comparative approach. The results showed that the existence of amicus curiae can make a positive contribution to the decision of criminal cases in Indonesia. It is time for a regulation regarding the role and position of amicus curiae in the criminal justice system in Indonesia, so that there is an increase in the quality of decisions by accommodating the values of life and development in society.
LEGAL CERTAINTY OF MARRIAGE BETWEEN CHRISTIANS AND CATHOLICS IN THE DECISION OF THE NORTH JAKARTA DISTRICT COURT NUMBER 423/PDT.P/2023/PN JKT.UTR Samuel Fajar Hotmangara Tua Siahaan; Rachmi Sulistyarini; Djumikasih
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.v5i6.4422

Abstract

Interfaith marriages can be registered by the state as long as there is a court decree declaring the validity of the marriage and registerable, as regulated in the act of marriage and act of population administration. This also applies to interchurch marriages between Catholics and Christians in Indonesia. Regarding this matter, The North Jakarta District Court issued Decree Number 423/Pdt.P/2023/PN Jkt.Utr, which granted the petitioners' request for registration of their interchurch marriages. However, in its legal reasoning, the Judge stated that the petitioners' interchurch marriage was not considered an interfaith marriage. Furthermore, the Judge did not obtain evidence of the Christian Church's approval of their interchurch marriage. Through this study of this decree, the author conducted legal research using a statutory, a conceptual, and a systematic approach, thus concluding that the decree order does not fulfill the principle of legal certainty.
THE PROBLEMATICS OF THE MEANING OF A CHILD'S STATUS IN NATIONAL LAW: BETWEEN LEGAL CERTAINTY AND JUSTICE Guntur Aris Prabowo; Nurini Aprilianda; Syihabuddin
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.v6i1.4275

Abstract

The article titled "THE PROBLEMATICS OF THE MEANING OF A CHILD'S STATUS IN NATIONAL LAW: BETWEEN LEGAL CERTAINTY AND JUSTICE" written by the Author raises the issue of analysis regarding the view of Judges who consider justice should be prioritized over legal certainty in delivering criminal verdicts, especially against Children who conflict with the law. The Author focuses on the limitations of the criminal sentence imposed on Children, then analyzes the provision against the verdict of the Penajam State Court No. 3/Pid.Sus-Child/2024/PN Pnj which exercised judicial activism by imposing a prison sentence exceeding the provisions in Law No. 11 of 2012 on the Juvenile Justice System. The result of the research conducted by the Author is that a criminal sentence of imprisonment can be imposed on the child. If threatened with a life imprisonment or death penalty provision, then the Child can only be sentenced to a maximum of ½, so the maximum imprisonment sentence allowed is 10 years. However, this is countered by the Presiding Judge of Case Number 3/Pid.Sus-Child/2024/PN Pnj by imposing a 20-year prison sentence on Child Junaedi, prioritizing justice over legal certainty.
THE POSITION OF AN APOSTASY WIFE AS A CAUSE FOR THE DISSOLUTION OF A MARRIAGE IN THE COMPILATION OF ISLAMIC LAW AND ITS IMPLICATIONS FOR POST-DIVORCE RIGHTS Alhadi Saputra; Hanif Nur Widhiyanti; Nur Chanifah
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.v6i1.4448

Abstract

Conversion to religion (apostasy) in Islamic marriage is a complex phenomenon that gives rise to debate between legal norms and social reality. In the context of Indonesian national law, apostasy has not been explicitly regulated in Law Number 1 of 1974 concerning Marriage. This legal gap is filled by the Compilation of Islamic Law (KHI), which, in Article 116 letter (h), stipulates that conversion to religion or apostasy can be grounds for divorce. However, in religious court practice, there is a disparity in decisions between courts that interpret apostasy as grounds for fasakh (annulment) and those that interpret it as grounds for divorce (talaq). This disparity has legal implications for women's rights after divorce, particularly regarding the right to maintenance during the iddah period, mut'ah, maskan, and kiswah. This study aims to explain the position of a wife who apostatizes as a cause of marital dissolution from the perspective of the Compilation of Islamic Law (KHI) and analyze its legal consequences for post-divorce rights. The method used is normative legal research with a statutory, conceptual, and analytical approach. The results of the study indicate that a wife who apostatizes causes the marriage contract to be annulled (fasakh), but in practice, religious courts often still process it through the divorce mechanism (divorce talak) to ensure orderly legal administration. This disparity impacts the different treatment of the rights of apostate wives. From the perspective of legal utility, judges should consider the value of substantive justice and protection for women, even if the woman concerned has left Islam.
CONSTITUTIONALITY ISSUES OF PARATE EXECUTION IN SHARIA ECONOMIC DISPUTES (CASE STUDY OF DECISION NUMBER 950/PDT.G/2019/PA.JP) Muhamad Dadi Dwiono; A. Rachmad Budiono; Siti Rohmah
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.v6i1.4449

Abstract

Parate execution is a mechanism of direct enforcement without prior judicial proceedings, as regulated under Article 6 of Law No. 4 of 1996 concerning Mortgage Rights. However, this mechanism often conflicts with Article 224 HIR/258 R.Bg, which requires execution through court execution by court fiat. This study examines the constitutionality of Article 6 in relation to Article 224 HIR/258 R.Bg, using Central Jakarta Religious Court Decision No. 950/Pdt.G/2019/PA.JP as the primary case study. It also analyses the concept of justice in Islamic law and Jeremy Bentham’s theory of legal utility. The findings reveal a normative conflict that creates legal uncertainty and undermines substantive justice, particularly in Sharia-based financing. Harmonisation between statutory law and Islamic legal principles is therefore necessary to achieve legal certainty and substantive justice.
IMPLICATIONS OF PERSONAL DATA LEAKS FROM THE PUBLICATION OF JUDICIAL DECISIONS IN THE SUPREME COURT DECISION DIRECTORY ON PERSONAL DATA PROTECTION Roni Evi Dongoran; 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.v6i1.4450

Abstract

The publication of court decisions in the Indonesian Supreme Court Decision Directory is a form of public information disclosure. However, in practice, these publications often contain the personal data of the parties involved, such as their National Identification Number, full address, and the identity of victims, even in cases where this information should be redacted. This situation creates the potential for personal data leaks that could open up opportunities for information misuse, violate privacy rights, and pose security risks. This study aims to analyze the implications of personal data leaks originating from the publication of court rulings in the Supreme Court's ruling directory on personal data protection in the era following the enactment of Law-Law Number 27 of 2022 concerning Personal Data Protection and the issuance of the Supreme Court Chief Justice's Decree Number 2-144/KMA/SK/VIII/2022 concerning Public Information Service Standards in Courts. The research method used is normative juridical with a legislative, case analysis, and conceptual approach, supplemented by a study of examples of publicly published decisions. The results of the study show that there are still discrepancies between the practice of publishing decisions and the obligation to protect personal data. These findings indicate the need to strengthen editorial policies, obscuring standards, and internal monitoring mechanisms so that the openness of judicial information does not sacrifice the privacy rights of the public. This study is expected to contribute to improving the governance of decision publication and strengthening the personal data protection regime in Indonesia.
THE LEGAL STATUS OF WILL EXECUTORS IN DEEDS OF BEQUEST UNDER PMNA/KBPN NO. 3 OF 1997 AND ARTICLE 1813 OF THE CIVIL CODE Deas Oktaviara Habiansyah; Riana Susmayanti; Endang Sri Kawuryan
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.v6i1.4672

Abstract

This research aims to analyze the legal status of the executor of a will (executeur testamentair) in the deed of gift by will (hibah karena wasiat) as regulated in Article 112 paragraph (1) a point 3 letter b of the Regulation of the State Minister for Agrarian Affairs/Head of the National Land Agency No. 3 of 1997 in relation to Article 1813 of the Indonesian Civil Code. The main issue lies in the normative conflict between the concept of a power of attorney, which terminates upon the death of the grantor, and the executor’s legal mandate, which remains valid after the testator’s death. This study employs a normative legal research method using statutory and conceptual approaches, grounded in the theories of legal certainty proposed by Gustav Radbruch, Van Apeldoorn, and Hans Kelsen. The findings indicate that the executor of a will has a distinct legal position from an ordinary agent, as their authority derives from a legal mandate rather than a contractual relationship. Therefore, the executor’s authority does not terminate upon the testator’s death, provided that it is carried out in accordance with the will and applicable law. Nevertheless, normative ambiguity persists, leading to interpretative discrepancies among notaries and land deed officials (PPAT). Regulatory clarification is required to strengthen the executor’s legal legitimacy and ensure the implementation of the testator’s final will in line with the principles of legal certainty and justice.
COMPARATIVE REGULATION OF “INADMISSIBLE DECISIONS” IN CRIMINAL PROCEDURE LAW BETWEEN INDONESIA AND GERMANY Bayu Akbar Wicaksono; Milda Istiqomah; Rika Kurniaty
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.v5i6.4280

Abstract

This article examines the comparative regulation of “inadmissible decisions” in criminal procedure law between Indonesia and Germany. Comparative law is used as an analytical approach to identify similarities and differences between the two legal systems, aiming to formulate clearer and more systematic procedural norms. Both countries belong to the civil law tradition, which emphasizes codification and legal certainty. Germany recognizes two key mechanisms related to inadmissible decisions, namely Verfahrenshindernis (procedural obstacles) and Unzulässige Anklage (inadmissible indictment). These mechanisms serve as legal filters to ensure procedural compliance and the protection of defendants’ rights before the main trial begins. This study concludes that Germany’s systematic procedural framework offers a valuable model for reformulating the normative and procedural basis of inadmissible decisions in Indonesia.
THE LEGAL STATUS OF ARTISTIC WORKS CREATED BY GENERATIVE ARTIFICIAL INTELLIGENCE FROM THE PERSPECTIVE OF INDONESIAN COPYRIGHT LAW Made Ardia; Yenny Eta Widyanti; Djumikasih
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.v6i1.4486

Abstract

The development of Generative Artificial Intelligence (AI) has produced new forms of artistic works that generate uncertainty within Indonesia’s copyright law regime. Law Number 28 of 2014 on Copyright continues to position humans as the sole legal subjects eligible to be recognized as authors, thereby rendering works created entirely by AI unable to satisfy the requirements of originality and human authorship. The disparity between technological advancements and existing legal norms has resulted in regulatory gaps, particularly concerning the legal status of copyright holders and the scope of legal protection for generative AI based artistic works. Through normative juridical research, this study examines the necessity of legal reconstruction to accommodate this phenomenon without disregarding the foundational principles of copyright protection. The findings indicate that human intellectual contribution remains the essential basis for recognizing artistic works assisted by generative AI, while current regulations have yet to provide adequate legal certainty. Therefore, regulatory reforms that are adaptive and humanistic are required to ensure that legal protection remains relevant and equitable in the era of generative AI development.

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