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INDONESIA
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
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.
Articles 939 Documents
LEGISLATION AND IMPLICATIONS OF ARTICLE 54 PARAGRAPH (2) OF THE KUHP CONCERNING THE LAW OF PARDON IN CRIMINAL PROVISION IN INDONESIA Debora Oktarina Sihombing; Yuliati; 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.v5i6.4755

Abstract

Law Number 1 of 2023 concerning the Criminal Code (KUHP) introduces the concept of rechterlijk pardon or judicial forgiveness in Article 54 paragraph (2). This provision grants judges discretionary authority to release perpetrators from criminal penalties by considering the severity of the act, the perpetrator's personal circumstances, or the circumstances after the crime, as long as they take into account a sense of justice and humanity. This article aims to analyze the legal ratio and practical implications of Article 54 paragraph (2) of the Criminal Code by reviewing the philosophical, sociological, and legal foundations of the birth of this norm. The research method used is normative juridical with a statutory, case, and comparative approach. The results of the study indicate that this provision is a correction to the overly rigid principle of legality while also opening up space for judges to balance legal certainty, justice, and expediency. The implication is that judges have broader discretion to uphold substantive justice, including integration with the values ​​of restorative justice. However, without clear technical guidelines, this provision has the potential to give rise to subjectivity and disparity in decisions. Therefore, the effectiveness of the application of Article 54 paragraph (2) of the Criminal Code is very dependent on the consistency of the judge's interpretation, the existence of implementing regulations, and adequate supervision.
THE INFLUENCE OF FOOD QUALITY, PRICE FAIRNESS, PRODUCT VARIETY, SERVICESCAPE, STORE BRAND IMAGE ON REPURCHASE INTENTION THROUGH PURCHASE DECISION AND CUSTOMER SATISFACTION OF PIZZA HUT VISITORS IN SAMARINDA CITY Suramli; St Nurhasanah; Sarwo Eddy Wibowo; Usratul Maqfira
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4796

Abstract

This study aims to analyze the influence of Food Quality, Price Fairness, Product Variety, Servicescape, and Store Brand Image on Repurchase Intention Mediated by Purchase Decision and Customer Satisfaction among Pizza Hut visitors in Samarinda City. In the increasingly competitive fast food restaurant industry, understanding the factors that drive purchasing decisions and customer satisfaction is crucial to foster customer loyalty. Through a quantitative approach, this study examines marketing variables such as product quality, fair prices, menu diversity, restaurant atmosphere, and brand image that can influence customer decisions and satisfaction which ultimately impact repurchase intentions. The results of this study are expected to provide theoretical contributions in the study of consumer behavior, as well as practical benefits for restaurant managers in developing more effective marketing strategies to retain customers and improve business performance. The results of the study indicate that price fairness, product variety, and store brand image have a significant effect on purchase decisions, while food quality and servicescape have no significant effect on purchase decisions. Furthermore, food quality, price fairness, product variety, and servicescape have a significant effect on customer satisfaction, while store brand image has no significant effect on customer satisfaction. In the final stage of the model, it was found that purchase decisions, customer satisfaction, and servicescape have a significant effect on repurchase intentions, while food quality, price fairness, and product variety have no significant direct effect on repurchase intentions. These findings indicate that purchase decisions and customer satisfaction play an important mediating variable in explaining the formation of Pizza Hut consumers' repurchase intentions.
LEGISLATION AND IMPLICATIONS OF ARTICLE 54 PARAGRAPH (2) OF THE KUHP CONCERNING THE LAW OF PARDON IN CRIMINAL PROVISION IN INDONESIA Debora Oktarina Sihombing; Yuliati; 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.v5i6.4798

Abstract

Law Number 1 of 2023 concerning the Criminal Code (KUHP) introduces the concept of rechterlijk pardon or judicial forgiveness in Article 54 paragraph (2). This provision grants judges discretionary authority to release perpetrators from criminal penalties by considering the severity of the act, the perpetrator's personal circumstances, or the circumstances after the crime, as long as they take into account a sense of justice and humanity. This article aims to analyze the legal ratio and practical implications of Article 54 paragraph (2) of the Criminal Code by reviewing the philosophical, sociological, and legal foundations of the birth of this norm. The research method used is normative juridical with a statutory, case, and comparative approach. The results of the study indicate that this provision is a correction to the overly rigid principle of legality while also opening up space for judges to balance legal certainty, justice, and expediency. The implication is that judges have broader discretion to uphold substantive justice, including integration with the values ​​of restorative justice. However, without clear technical guidelines, this provision has the potential to give rise to subjectivity and disparity in decisions. Therefore, the effectiveness of the application of Article 54 paragraph (2) of the Criminal Code is very dependent on the consistency of the judge's interpretation, the existence of implementing regulations, and adequate supervision.
ANALYSIS OF THE CRIME OF MOTORCYCLE THEFT COMMITTED BY A CHILD (A Study of Decision Number 7/Pid.Sus-Anak/2017/PN Pga) Haka; Rahmayanti; Redyanto Sidi
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4799

Abstract

This study examines juvenile motorcycle theft based on Court Decision No. 7/Pid.Sus-Anak/2017/PN Pga, prompted by the increasing involvement of minors in such crimes. It addresses factors contributing to juvenile offenses, the law enforcement process, and the legal policy applied in the decision. Utilizing a normative juridical method with statutory, conceptual, and case approaches, this research qualitatively analyzes primary, secondary, and tertiary legal materials. Results reveal that economic hardship, insufficient moral and religious education, negative social environments, and weak family supervision are key contributing factors. In enforcement, Law No. 11 of 2012 on the Juvenile Criminal Justice System was applied, upholding child protection principles. The judge's legal policy, prioritizing the child's best interest, sentenced the offender to 10 months in prison, acknowledging remorse and rehabilitation needs. Conclusively, the juvenile justice system should emphasize restorative over repressive approaches. Recommendations urge active roles from government, society, and families in preventing juvenile delinquency through continuous moral education, supervision, and guidance.
LEGAL REVIEW OF THE ORIGIN OF CHILDREN FROM UNREGISTERED MARRIAGES (Study of Decision No. 483/Pdt.P/2023/PA.Krs) Khairan Nisa Mendrofa; Heriyanti; Elvira Fitriyani Pakpahan; Kartina Pakpahan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4800

Abstract

The three objectives of this study are to: (1) ascertain the parentage of children in unregistered marriages; (2) ascertain the legal ramifications if children in a marriage are not registered under Indonesian law; and (3) ascertain the judge's legal considerations in decision Number 483/Pdt.P/2023/PA.Krs. Empirical and normative legal research are the types of research used in this study. The source and secondary legal materials employed in the data analysis were literary techniques, which were then examined using qualitative approaches. The study's findings indicate that the legal framework dictating how the parentage of children born to unregistered marriages is determined is routinely reviewed. This study makes reference to the laws governing marriage, No. 1 of 1974, and population management, No. 23 of 2006. Marriages that are both registered and unregistered are still regarded as legitimate but are subject to legal repercussions because the unregistered marriage. Marriages that aren't formally recorded with the Civil Registry office. Marriages that are not officially recognized by the Civil Registry Office have an effect on the children as well as the husband and wife legally.
SHIFTING SOCIAL CONTROL AND THE DIRECTION OF LAW ENFORCEMENT IN THE VINA CIREBON CASE THROUGH THE CORRECTIVE FUNCTION OF SOCIAL MEDIA TOWARDS LAW IN ACTION Achmad Benyamin Daniel; Lia Christine; Catharina Dewi Wulansari
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4801

Abstract

the paradigm of social control from formal institutional mechanisms to informal, social media–based control in the digital era. The research is grounded in the prolonged stagnation of case handling, which exposed a significant gap between Law in the Books and Law in Action, later corrected through massive digital public pressure following the case's viral resurgence. The urgency of this study lies in understanding how social media facilitates the transformation of social control, performs a corrective function toward law enforcement practices, and reshapes public perceptions of the legitimacy and authority of the formal judicial system. This research employs a normative juridical method with a sociology of law perspective, using statutory, case, and conceptual approaches, supported by secondary data analyzed through qualitative descriptive-analytical techniques. The findings demonstrate that social media has emerged as a powerful instrument of informal social control capable of compelling law enforcement institutions to become more responsive and transparent, while simultaneously revealing a growing dependence of law enforcement on virality. Conversely, intense digital public pressure also generates risks, including reactive law enforcement, procedural haste, erosion of due process, and threats to the presumption of innocence. This study concludes that law enforcement in the digital age requires a careful balance between critical public oversight and consistent adherence to formal legal procedures in order to safeguard the rule of law and maintain the legitimacy of the justice system.
TRANSFORMATION OF SOCIAL CONTROL RELATED TO THE SHIFT FROM DIRECT INTERACTION TO LAW ENFORCEMENT AUTOMATION IN THE IMPLEMENTATION OF ELECTRONIC TRAFFIC LAW ENFORCEMENT (ETLE) Lia Christine; Achmad Benyamin Daniel; Catharina Dewi Wulansari
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4803

Abstract

This study analyzes the legal sociology implications of the implementation of the ETLE system in Indonesia, which represents a radical shift in social control mechanisms from personal interaction to automation. The main issue that arises is the tension between the system's goal of achieving zero tolerance transparency and the social reality that creates resistance and uncertainty of accountability between vehicle owners and drivers. The urgency of this research lies in evaluating the effectiveness of ETLE in transforming traffic law enforcement, analyzing the impact of changes in social control on perceptions of justice and public trust, and examining the role of legal culture and social structure in the acceptance of the ETLE system. This research employs a normative legal method with legislative, case, and conceptual approaches. Secondary data were collected through literature review of primary legal sources such as the Traffic Law (UU LLAJ) and Police Regulation No. 2 of 2025, as well as secondary legal materials. The data were then analyzed qualitatively. The findings indicate that ETLE effectively reduces corruption and enhances certainty of enforcement at the operational level. However, the automation of social control undermines procedural justice due to ambiguities in identifying legal subjects and shifts the burden of evidence. This leads to the manifestation of entrenched negotiative legal culture as both active and passive resistance, signaling that the legal legitimacy built by technology has not been fully accepted. Therefore, the enforcement of ETLE must be complemented by structural improvements in population data and the enhancement of fair clarification channels to foster long-term normative compliance.
EVALUATION OF POLICY AND RESOLUTION STRATEGIES IN THE BANGKA ISLANDS Septian Abdillah Harys
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4819

Abstract

Illegal tin mining activities in the Bangka Islands have shifted from merely an economic or environmental issue to a serious challenge for Indonesia’s national security, triggering both horizontal and vertical social conflicts that threaten regional stability. This study aims to: (1) analyze the authority of local governments in addressing illegal mining as a form of policy evaluation; (2) identify the implications of the conflicts and the resolution efforts undertaken; and (3) evaluate these measures to support national security. Using an Exploratory Descriptive Qualitative approach, data were collected through in-depth interviews, observations, and document studies in key illegal mining areas in Bangka Regency and Central Bangka Regency. The conflict resolution framework (Susskind, 1994) and the concept of National Security (Slawotsky, 2024) serve as analytical lenses to bridge the gap between the normative framework of Law Number 7 of 2012 on Social Conflict Management and field realities. The expected outcome is the formulation of conflict resolution strategies that are applicable, transparent, participatory, and grounded in ecological justice in order to restore effective state control and strengthen national security stability.
FEMALE VOTER PARTICIPATION IN THE 2024 GENERAL ELECTION OF BAUBAU CITY DPRD MEMBERS Edi Sabara; Andi Tenri; La Didi
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4824

Abstract

Research purposes For analyze participation voters Woman in General Election for Members of the Baubau City Regional People's Representative Council 2024. Problems​ study focused on gaps between height level participation numeric voters Woman with quality participation political in a way substantive , representative , and its influence to taking decision public . For answer problem said , research This use references theoretical from field administration public , participation politics , gender studies , and governance democracy . Data collected through interview in-depth , observation , and documentation with involving organizer elections , voters women , and members legislative women , then analyzed in a way qualitative use technique interactive data analysis . Research results show that mechanism administrative gender responsive elections , policies affirmative , and involvement meaningful Woman in institution organizer elections capable increase participation and trust Woman towards the democratic process . Although representation women in institutions legislative Still limited in a way quantitative , its existence give contribution substantive to policy more public​ inclusive and gender responsive . Research This conclude that strengthening commitment institutional , regulatory gender and culturally sensitive inclusive organization​ is key For overcome obstacle structural and cultural as well as speed up equality political women at the level local .
CRIMINAL LAW OFFENSE OF OMISSION Jonathan Christian; Catharina Dewi Wulansari
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4855

Abstract

Study This study accountability criminal for someone who knows existence agreement wicked For do dangerous crimes​ security general However No report it to party authorized . Research This use method juridical normative with statute approach and conceptual approach, as well as referring to the Criminal Code and literature law related . The object of the research is the case of YD who heard plan burning House service Head of Prison However No report until the event occurred . The results of the research show that YD fulfills elements of Article 164 of the Criminal Code, namely know existence agreement evil , have time For prevent , but intentionally not​ to inform to police or victim. YD is also considered capable responsible answer in a way law Because No proven own disturbance psychological . Research conclusions This confirm that YD's actions fulfill element accountability criminal in form intention ( dolus eventualis ). Findings This expected can increase awareness public will obligation report agreement evil and become references for prosecutor in formulate charges in the case similar .