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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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FORMS OF JUSTICE AND CRIMINAL LEGAL PROTECTION FOR CHILDREN THROUGH DIVERSION IN THE FUTURE Darwanto; Sudarsono; Abdul Madjid; Bambang Sugiri
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4549

Abstract

Children are a gift from God Almighty, potentially as the next generation to continue the ideals of the struggle of the Indonesian nation, so that they have the right to survive, grow and develop. For this reason, children are considered to need to be given physical and spiritual protection, because every child who is in conflict with the law is always sentenced to imprisonment, even though imprisonment has not gained the trust of the community, thus causing problems. The background underlying this writing is the application of diversion in resolving cases involving children as perpetrators of criminal acts who are sentenced to more than 7 years. Concretely, the problem raised in this writing is how the form of child justice protection through diversion and how the legal regulations on diversion in Indonesia are just. This writing uses a normative research method with a statute approach. Through analysis with this method, it can be seen that the provisions of diversion which are legally regulated in the Republic of Indonesia Law Number 11 of 2012 concerning the Juvenile Justice System have been able to be carried out starting from the investigation stage and the results of the diversion agreement are issued in the form of a Court Decision, and there is an expansion of several articles in the Republic of Indonesia Law Number 11 of 2012 concerning the Juvenile Justice System which is further regulated in the Regulation of the Supreme Court of the Republic of Indonesia Number 4 of 2014 concerning Guidelines for the Implementation of Diversion in the Juvenile Criminal Justice System. However, in the continuation regulated by Perma Number 4 of 2004, it does not explicitly regulate the maximum criminal limit for juvenile criminals set above 7 (seven) years
BULLYING IN THE STUDY OF LEGAL SOCIOLOGY Tabita Denes Febrian; Catharina Dewi Wulansari
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v6i1.4609

Abstract

The sociology of law is the study of the reciprocal relationship between law and society. It is a branch of science that studies, observes, and explains, using an empirical analytical approach, legal issues confronted with other phenomena in society. The sociological approach of law shows us that state law is not the sole guideline for behavior. In reality, other laws are effectively obeyed by society. Based on the Indonesian constitution, Article 31 Paragraph 3 of the 1945 Constitution, the government is obliged to manage and organize a national education system to foster faith and noble morals. Regarding bullying, which is a long-standing phenomenon that practically occurs in students' lives, perpetrators will continually intimidate and ridicule their peers. This must be stopped because it can cause victims to hinder class attendance. From a sociological perspective, any violence constitutes abusive behavior. Therefore, the enforcement of ethics generally stems from self-awareness. This situation seems very critical to eradicate, especially in the field of education, which has been systematically carried out outside the framework of the legal approach.
CRITICAL ANALYSIS OF RELIGIOUS REASON AND POSITIVE LAW IN MARRIAGE DISPENSATION DECISION Ridwan Fariz Maulana; Rachmi Sulistyarini; Siti Rohmah
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4616

Abstract

This study aims to uncover how religious interpretation and legal practice influence each other and to what extent this influence hinders or encourages the protection of children's and women's rights. This study utilizes library research focused on integrative literature analysis by combining various theories. The results suggest that the normalization of marriage dispensation reveals a fundamental paradox between religious reasoning and positive law that fails to meet within the humanitarian horizon, where religion is trapped in a morality that justifies patriarchy and the law loses its critical power due to submission to social pressures and conservative interpretations. In this situation, judges, as dual interpreters, often mediate between faith and the constitution pragmatically, so that legal decisions turn into pseudo-moral legitimations that actually negate the principle of child protection. This phenomenon not only marks normative tensions but also demonstrates an epistemological crisis in which religion and law have both lost their prophetic function as liberating forces, and therefore demands a reconstruction of reason that places substantive justice and human dignity above texts, traditions, and the fear of sin.
CHALLENGES IN THE LEGAL PROFESSION IN THE CONTEXT OF LEGAL SOCIOLOGY Azizah Dzakiah Nurhakiki; Catharina Dewi Wulansari
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v6i1.4617

Abstract

The sociology of law is a discipline within sociology that experimentally and analytically examines the interdependent relationship between law and various social phenomena. It examines the function of law in society and how society influences and creates legal frameworks. It encompasses law as a regulatory system and a social phenomenon shaped by several social elements, including norms, values, culture, and social structures. As the study of the interaction between law and society, the sociology of law presents numerous challenges to the legal profession. These challenges include limited legal knowledge and understanding, the impact of social and cultural change, and technological developments. Furthermore, issues such as corruption, conflicts of interest, and lack of access to legal services also pose serious challenges to the legal profession.
QUIET FIRING AND SILENT FIRING FROM THE PERSPECTIVE OF INDONESIAN LABOR LAW Achmad Benyamin Daniel; Lia Christine; Catharina Dewi Wulansari
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v6i1.4618

Abstract

Quiet firing and silent firing are emerging phenomena in employment, arising alongside the transformation of industrial relations in the digital and platform economy era. Quiet firing refers to a company's strategy of encouraging employees to resign without formal termination, while silent firing occurs when employees are "quietly forced out" through the neglect of their roles or psychological pressure. This article analyzes these two phenomena within the context of Indonesian labor law, with a comparison to the labor law systems in Singapore and the United States. An interdisciplinary approach is employed to review the juridical, social, economic, and psychological aspects affecting workers. The analysis results indicate that the lack of explicit regulation regarding quiet firing and silent firing creates a legal vacuum that potentially violates the principle of labor protection as stated in Article 27 paragraph (2) and Article 28D of the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) and Law Number 13 of 2003 juncto Law Number 6 of 2023 concerning Job Creation. In the international context, ILO Convention No. 158 affirms that every termination of employment must have a valid reason and be carried out through due process. Therefore, this article recommends the establishment of new norms within national labor law to address these practices of concealed termination, as well as strengthening the mechanism for labor supervision based on social justice.
ENHANCING MARITIME SHIPPING OPERATIONS DECISION-MAKING IN A FERTILIZER COMPANY THROUGH A DYNAMIC DASHBOARD: A QUALITATIVE CONTENT ANALYSIS Edwin Octoriza
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4668

Abstract

This research examines how a dynamic dashboard can enhance decision making process in PT Pupuk Indonesia’s maritime fertilizer distribution system and identifies the performance metrics required to be embedded in the dashboard. The study employs a qualitative research methodology by using semi structured interviews with three key stakeholders from the Distribution Compartment: the Senior Vice President of Distribution, the Vice President of Distribution Planning and Controlling, and an Officer of Shipping Operations. The interview data were analyzed using Johnny Saldaña’s (2009) First Cycle and Second Cycle coding techniques to systematically generate insights and derive thematic conclusions. The analysis reveals that current decision making process rely heavily on fragmented information and partially manual workflows, resulting in inconcistencies and limited visibility. Existing digital system does not provide enough operational level metrics and this study highlights the need for data integration across functions and subsidiaries, real time updates, and standardized operational KPIs to be embedded to support decision making.
EFFECTIVENESS OF THE EARLY CASE DETECTION SYSTEM (SDDP) IN PREVENTING DISPARITY IN DECISIONS AND SUPPORTING THE PRINCIPLE OF JUDICIAL TRILOGY IN THE BALIGE DISTRICT COURT Pearl Princila Br. Manurung; Rachmi Sulistyarini; Hamidi Masykur
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4669

Abstract

This study analyzes the effectiveness of the Early Case Detection System (SDDP) integrated into the Case Tracking Information System (SIPP) as an instrument to prevent disparity in decisions in civil cases in the general court environment. The focus of the study is directed at the implementation of SDDP at the Balige District Court as a representation of the implementation of electronic court technology ( e-court ) in the case handling process. This study uses a juridical-empirical method with a sociological approach to examine the relationship between the electronic court system and the objectives of the court in the Trilogy of Justice: simple, fast, and low cost. The research results indicate that the SDDP has not been effective. This is due to the absence of regulations mandating its use, low technical understanding among judicial officials, and the suboptimal quality of data in the SIPP, which hinders the ability to detect cases with similar subjects, objects, and legal relationships. This study concludes that the SDDP has significant potential to increase legal certainty and prevent conflicting decisions, but regulatory improvements, technical competency, and system updates are needed to achieve maximum effectiveness.
RECONSTRUCTION OF A REHABILITATION APPROACH FOR VICTIMS OF DRUG ABUSE WITH COMMUNITY-BASED INTERVENTION WITH JUSTICE VALUES Kevin Krissentanu Winner; Milda Istiqomah; Bambang Sugiri
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4670

Abstract

The method of handling victims of drug abuse can be done through community-based rehabilitation with therapy methods using a psychosocial approach. Community-based Social Rehabilitation still faces challenges in its implementation. The purpose of this study is to reconstruct the rehabilitation approach for victims of drug abuse with community-based interventions with justice values in order to provide legal protection to victims of drug abuse and reform the Indonesian narcotics criminal law . The research method used is legal research with a statutory regulatory approach, a comparative approach, and a conceptual approach. Based on the research that has been done, it is known that regulations regarding the rehabilitation of victims of drug abuse with a community-based intervention approach still require synchronization of cooperation between the National Narcotics Agency and Regional Governments. because the implementation of community-based interventions without involving Regional Apparatus Organizations causes suboptimal gradual handling programs for victims of drug abuse. In addition, there is an urgency to carry out reconstruction based on the principle of justice referring to the purpose of rehabilitation as treatment or care for drug addicts, so that addicts can recover from their addiction to narcotics.
EVALUATING THE ROLE OF RELATIVE COMPETENCE IN LIMITING JUSTICE ACCESSIBILITY BEFORE ADMINISTRATIVE COURTS. Fery Rochmad Ramadhan; Tunggul Anshari Setia Negara; Shinta Hadiyantina
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4671

Abstract

The Administrative Court Procedure Law, as set out in Law Number 5 of 1986 and amended by Law Number 51 of 2009, aims to balance the inherently “unequal positions of claimants and government defendants”. Yet Indonesia’s extensive geography and shifting authority following the Job Creation Law have effectively centralized challenges to central government administrative decisions in Jakarta. Although the Administrative Court adheres to the actor sequitur forum rei principle, Article 54(4) provides for exceptions through a open legal policy by making “Peraturan Pemerintah” that has never been issued. This regulatory vacuum undermines access to justice, as claimants face strict filing deadlines, mandatory administrative effort, and significant geographical barriers. The absence of the mandated regulation reveals a broader disharmony in the legal framework and suggests governmental reluctance to establish venue rules that would facilitate citizen access to judicial review. Critical analysis with other jurisdictions demonstrates that relative competence rules can be structured to account for the nature of governmental acts, the extent of public harm, and the imperative of ensuring meaningful access to justice.
THE HARMONIZING INSTITUTIONAL AUTHORITY TO DETERMINE STATE FINANCIAL LOSSES IN CORRUPTION CASES Dian Devananda Akbar; Prija Djatmika; Nurini Aprilianda
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v6i1.4684

Abstract

The disharmony in authority among various institutions including the Supreme Audit Agency (BPK), the Government Internal Supervisory Apparatus (BPKP), the Corruption Eradication Commission (KPK), Inspectorates, Regional Apparatus Work Units (SKPD), Public Accountants, and Judges in calculating state financial losses in corruption crime cases has led to legal uncertainty and debates over which institution holds the legitimate authority to determine such losses. Through juridical, philosophical, and sociological analysis, this study finds that the source of disharmony lies in the ambiguous norms of the Corruption Crime Law, which does not explicitly designate a single institution authorized to determine state losses. Based on its constitutional position, this research asserts the urgency of establishing BPK as the sole institution authorized to calculate state losses, accompanied by vertical harmonization of the roles of other institutions, strengthening of BPK's institutional capacity, standardization of audit methodologies, and a reaffirmation of corruption as a serious crime requiring evidentiary certainty. This study concludes that harmonizing authorities is an urgent step to strengthen the effectiveness and integrity of corruption law enforcement while enhancing public trust in Indonesia's anti-corruption mechanisms.

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