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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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REVIEW COMMUNITY COMPLIANCE AND AWARENESS IN USE OF SOCIAL MEDIA FROM PERSPECTIVE SOCIOLOGY OF LAW Teguh Ferdiansyah Chusnein; 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.v5i6.4856

Abstract

Social media has become part important in life modern society , but also gives rise to challenge law new , like pollution Name good , speech hatred , and the spread of information lie . This research aim analyze level awareness and compliance law public in use of social media in Indonesia and role law as tool controller social . The approach used is juridical-sociological , which studies law No only as rule written but also as phenomenon social . Research results show that even though Law Number 11 of 2008 concerning Information and Transactions Electronics ( last changed with Law Number 1 of 2024) provides guidelines law , violation Still often happen consequence low literacy law , lack of digital education , and the lack of internalization mark ethics . From the perspective sociology law , compliance law depends on understanding and application norm social in digital interactions . This research emphasize importance education laws and approaches restorative For increase awareness law , so that social media can used in a way responsible responsible and harmonious in Indonesian society .
EXCESSIVE DEBT COLLECTION BY CESSIONARIES IN ISLAMIC FINANCE DISPUTES: SUBSTANTIVE JUSTICE AND SHARIA ECONOMIC LAW ANALYSIS Muhammad Rakhmat Alam; M. Hamidi Masykur; Nur Chanifah
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.v5i6.4857

Abstract

The assignment of receivables (Cessie) acts as a strategic mechanism for Islamic Financial Institutions (IFIs) to manage Non-Performing Financing (NPF) and sustain liquidity. However, a significant juridical anomaly has emerged in Indonesia where the third-party assignee (Cessionary), often an unregulated individual investor, collects debts from the debtor (Cessus) at a value significantly exceeding the nominal outstanding value stated in the Cessie deed (over-collecting). This practice frequently involves capitalizing fines and imposing unilateral fees, thereby violating Sharia principles. This research rigorously analyzes the juridical validity of such excessive collection practices from the dual perspectives of Substantive Justice and Sharia Economic Law. Employing a normative legal research method with statute, conceptual, comparative, and case approaches, this study examines the stark disparity in religious court decisions and compares regulations across jurisdictions, including Indonesia, Malaysia, Kuwait, and Egypt. The findings reveal that over-collecting fundamentally violates the civil law principle of Nemo Plus Juris Ad Alium Transferre Potest Quam Ipse Habet and the Sharia prohibition of Riba (usury) and Zhulm (oppression). Through the lens of John Rawls’ theory, it breaches the Difference Principle by exacerbating the plight of the debtor as the least advantaged party. Consequently, such actions are legally void. The study recommends a regulatory formulation through the Financial Services Authority (OJK) by establishing a specific "Capping Rule" on collection rights and urges the issuance of a specific DSN-MUI Fatwa to regulate Sharia-compliant Cessie..
RECONSTRUCTION OF LEGAL FINDINGS AND REASONING ON ACEH'S LEGISLATIVE AUTHORITY WITHIN THE FRAME WORK OF SPECIAL AUTONOMY Abdul Rahman Maulana Siregar; Musannif
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.v5i6.4885

Abstract

This study aims to analyze the process of legal discovery and reasoning by the Aceh People's Representative Council (DPRA) in drafting qanuns, the extent to which these qanuns are in accordance with national laws and general legal principles, and the legal and social obstacles that arise in their implementation. The study uses a qualitative, normative-empirical method, with a literature study approach, semi-structured interviews with DPRA members, legal academics, and community leaders, and observations of the implementation of qanuns in the field. The results show that the Aceh DPRA applies legal reasoning to interpret national legal norms and adapt them to the local Acehnese context, and uses legal discovery to fill gaps or overlapping regulations. Although most qanuns are in line with the Aceh Special Autonomy Law and general legal principles, there are several qanuns that create potential legal conflicts with national regulations. Obstacles to qanun implementation include inconsistencies in norms, limited apparatus capacity, the complexity of qanuns for the community, and the lack of effective oversight mechanisms. The strategy of reconstructing legal discovery and reasoning through the integration of normative studies, empirical evaluation, and multi-stakeholder participation has been proven to be able to improve the quality of Aceh's legislation, ensuring that qanuns are more relevant, effective, and have legal and social legitimacy.
LEGAL PROTECTION FOR CHILDREN UNDER 14 (FOURTEEN) YEARS OLD AGAINST VIOLENCE OFFENDER (ANALYSIS OF GARUT DISTRICT COURT DECISION NUMBER 1/PID.SUS-ANAK/2024/PN GRT) Regina Monica Andriani; Harun Al Rasyid; I Nyoman Nurjaya
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.v5i6.4889

Abstract

Garut District Court issued decision number 1/Pid.Sus-Anak/2024/PN Grt involving Akbar Rozak Alias Akbar who committed violence against the victim Agum Gumelar (deceased) until he died because he was annoyed by the victim who hit him hard while playing volleyball. The crime was committed by slashing 1 (one) cutter knife blade towards the victim's neck and right wrist and the victim was carried away by the Cimanuk River current. For his actions, the Panel of Judges imposed a correctional sanction for 1 (one) year at the Griya Bina Karsa Social Service Center-West Java Provincial Social Service in Cileungsi and participated in job training for 2 (two) months. This study aims to analyze the legal considerations (ratio decidendi) that have been used by the Panel of Judges in the decision of case number 1/Pid.Sus-Anak/2024/PN Grt and analyze the value of legal certainty and benefits for child perpetrators regarding the application of the law carried out by the Panel of Judges in the decision of case number 1/Pid.Sus-Anak/2024/PN Grt. The method used is normative juridical research with a case approach. The results of the study show that the Judge's considerations in decision number 1/Pid.Sus-Anak/2024/PN Grt which imposed sanctions on children were based on the principles of criminal law for children which are different from those for adults. The main focus is the best interest of the child, rehabilitation, and social reintegration. Several important elements in the legal considerations by the Judge consist of consideration of the principles of child protection, the age and maturity factors of the child, the severity of the violent crime committed, the child's attitude in court, recommendations from the Correctional Center, consideration of the type of sanctions, and the implementation of restorative justice. In decision number 1/Pid.Sus-Anak/2024/PN Grt in which the Panel of Judges imposed sanctions against the child, in fact the Panel of Judges did not explain the reasons for imposing other sanctions in the form of 2 months of job training. In fact, Akbar Rozak's child can only be subject to sanctions because he is not yet 14 years old. In addition, job training is one of the main types of punishment for children. So by simultaneously imposing sanctions in the form of action and criminal action against Akbar Rozak's child, it creates legal uncertainty, but on the other hand, imposing these sanctions can provide legal benefits for the child who committed the crime.
LEGAL REVIEW OF PERSONAL DATA PROTECTION FOR CHILDREN IN THE DIGITAL SPACE AND THE RESPONSIBILITY OF SOCIAL MEDIA PLATFORMS Nopit Ernasari; Fariz Rizqi Hasbi
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.v5i6.4904

Abstract

The proliferation of social media and digital platforms has increased the risk of misuse of children's personal data in the digital space, making children vulnerable to cybercrimes such as cyberbullying and identity theft due to a lack of understanding of privacy. This legal review analyzes the international (UDHR Article 12 and CRC 1989) and national (1945 Constitution, Child Protection Law, ITE Law, and 2022 PDP Law) legal frameworks for protecting children's specific personal data. The study shows that although the PDP Law classifies children's data as specific and requires parental consent, its implementation is still hampered by a lack of derivative regulations and low digital literacy. Social media platforms, as PSEs, have preventive and curative responsibilities, reinforced by the 2025 TUNAS Government Regulation, which mandates content filtering and rapid reporting. This study recommends the issuance of derivative regulations, digital education, and multistakeholder collaboration to create a child-safe digital ecosystem.
LEGAL PROTECTION OF THE CUSTOMARY RIGHTS OF THE RIMBA PEOPLE IN JAMBI PROVINCE Hafiyyansah, Irfan; Nurajaya, I Nyoman; Herlindah
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.v5i6.4907

Abstract

The state recognizes and protects Indigenous Law Communities (MHA) and their traditional rights in the constitution. One of the traditional rights held by MHA is customary rights. Some communities in Indonesia still live in groups and depend on the land/environment they recognize as customary rights. One of the Indigenous Law Communities is the Orang Rimba. The Orang Rimba live inside and outside forest areas, some of them still practice a semi-hunting-gathering culture and wander in the forest which they recognize as their living space. This study aims to examine the urgency of protecting the customary rights of the Orang Rimba and the implementation of the protection of their customary rights. Both issues are reviewed in normative juridical research, based on a set of regulations related to the recognition of MHA and customary rights that are still in effect in Indonesia. From the research conducted, it was found that the government has not fully provided legal protection for the customary rights of the Orang Rimba. The solution offered is a partnership agreement for area management and relocation of Orang Rimba settlements through the Remote Indigenous Community program.
CHANGES IN ORGANIZATIONAL STRUCTURE AND WORK CULTURE AT THE OFFICE OF THE MINISTRY OF RELIGION OF ACEH JAYA REGENCY (Study on the Impact of Bureaucratic Reform Policies through Equalization of Positions) Idris Suteja; Syafei Ibrahim; Kridawati Sadhana
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.v5i6.4911

Abstract

Initial findings in the field show that there is resistance from some employees who feel that they have lost status or influence due to a change in position. Some employees also experience confusion about new roles and responsibilities in functional positions, which has an impact on decreased work motivation and organizational effectiveness. The purpose of this study is to determine the Impact of Bureaucratic Reform Policy Through Equalization of Positions with changes in organizational structure and work culture at the Office of the Ministry of Religion of Aceh Jaya Regency. The grand theory used is William N Dunn's theory of policy evaluation. The research method used is a qualitative research method based on the philosophy of postpositivism or interpretation. The focus of his research is Changes in Position Structure, Organizational Culture and Bureaucratic Reform Policy. Research results: Overall, the implementation of bureaucratic reform through equalization of positions at the Office of the Ministry of Religion of Aceh Jaya Regency has had an impact on the organizational structure and work culture. However, these changes are not fully effective because they are faced with a number of internal obstacles, such as employee unpreparedness, weak socialization, and not optimal support systems. Therefore, a more adaptive, participatory, and based on strengthening human resources is needed so that the goal of bureaucratic reform can really be realized at the regional level. The main novelty of this study lies in the comprehensive approach used, the local context raised, and the depth of analysis of the experience of employees as the main actors of bureaucratic reform. This dissertation makes an important contribution in bridging the gap between macro policy and the micro-realities of bureaucracy in the field.
POSITION OF A NOTARY IN THE MAKING AND REVOKING OF A WILL (Study at the Notary Office of Herry Aprizal, SH,Sp.N) Daffaraza Ramadhan; Suwardi
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.v5i6.4938

Abstract

Notaries play an important role in the preparation and revocation of wills due to their authority as the official who makes authentic deeds that guarantee legal certainty regarding the testator's last wishes. This study aims to examine the position and duties of notaries in this process through normative and empirical methods, including analysis of regulations, literature, and field data at the Notary Office of Herry Aprizal, SH, Sp.N. The results of the study indicate that notaries are authorized to prepare and store wills and are required to report the preparation, changes, and revocation of wills to the Estates Office and the Central Wills Register. Revocation is only valid if carried out by the maker in a competent state, and the notary must ensure that the procedure meets legal requirements. The study confirms that notary professionalism is a key factor in ensuring legal certainty and order regarding the implementation of wills.
REFORMULATION OF THE CONCEPT OF JUDICIAL ACTIVISM THROUGH LEGAL DISCOVERIES AND BREAKTHROUGHS AFTER THE NATIONAL CRIMINAL CODE AS AN EFFORT TO BALANCE THE PRINCIPLE OF LEGAL CERTAINTY AND SUBSTANTIVE JUSTICE Entang Nuryanto; Prija Djatmika; Abdul Madjid
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.v5i6.4942

Abstract

Certainty law as fundamental principles of the Indonesian state of law are often face tension with demands justice substantive in practice justice criminal law , especially in the middle dynamics social and developmental type crimes that are not fully accommodated by law positive . Condition the push emergence practice judicial activism as response on limitations of written norms , in particular through invention law ( rechtsvinding ) and breakthrough legal breakthrough . Although​ get legitimacy juridical through Constitution Power National Judiciary and Criminal Code, practice judicial activism Not yet accompanied by clear settings​ about its limitations and parameters , so that potential cause uncertainty law , inconsistency decision , and exceedance authority judicial . This article aim For analyze typology form judicial activism carried out by judges in practice justice Indonesian criminal law and formulate a reformulation model draft ideal judicial activism to balance principle certainty law and justice substantive in implementation of the National Criminal Code. Research This use method juridical normative with approach legislation and approaches conceptual , through analysis to regulation legislation , jurisprudence , and doctrine law . Research results show that judicial activism in practice justice criminal present in three typology main , namely through method interpretation law , construction law , and breakthroughs law that goes beyond normative limits . This article propose a reformulation model judicial activism based seven fundamental parameters that are hierarchical and cumulative . This model expected capable give corridor clear normative​ for judges to engage in judicial activism still measurable , accountable , and non- shift become arbitrariness judicial , at the same time ensure realization balance between certainty law and justice substantive in system justice Indonesian criminal law .
CRIMINALIZATION OF DEEPFAKE PORNOGRAPHY OFFENSES: THE URGENCY OF REGULATION UNDER THE ELECTRONIC INFORMATION AND TRANSACTIONS LAW Novalinda Nadya Putri; Muhammad Enaldo Hasbaj
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.v5i6.4944

Abstract

Deepfake pornography enables the manipulation of an individual’s image or likeness into explicit content without consent, resulting in severe harm to personal dignity, privacy, reputation, and psychological well-being. This study aims to examine the urgency of criminalizing deepfake pornography within Indonesia’s legal framework, particularly under the Law on Electronic Information and Transactions (UU ITE), which currently lacks explicit regulation addressing this phenomenon. Employing a normative juridical research method, this study analyzes relevant Indonesian legislation, including the UU ITE, the Pornography Law, and the Criminal Code, alongside fundamental principles of criminal law. A comparative legal approach is also adopted by examining regulatory responses in several jurisdictions, such as the United States, the European Union, and Japan, which have implemented more specific and adaptive legal measures against deepfake-related offenses. The findings reveal significant legal gaps in Indonesian law that hinder effective law enforcement and fail to provide adequate legal protection for victims. Consequently, this study argues that the explicit criminalization of deepfake pornography within the UU ITE is essential to ensure legal certainty, enhance victim protection, and strengthen cybercrime enforcement mechanisms. The study further recommends regulatory reform that integrates criminal sanctions, platform accountability, and victim-oriented remedies as part of a comprehensive legal response to technology-driven sexual exploitation in the digital era.

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