cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Suparna Wijaya
Contact Email
wimsolusiprima@gmail.com
Phone
+6287780663168
Journal Mail Official
jolas.jurnalku@gmail.com
Editorial Address
Serpong, Tangerang Selatan
Location
Unknown,
Unknown
INDONESIA
Journal of Law, Administration, and Social Science
Published by PT WIM Solusi Prima
ISSN : -     EISSN : 28092295     DOI : -
Core Subject : Economy, Humanities, Social,
Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
Journal of Law, Administration, and Social Science merupakan media penyebarluasan hasil penelitian di rumpun ilmu sosial, ilmu politik, dan humaniora. Sub rumpun Ilmu sosial terdiri dari bidang Ilmu Komunikasi, Jurnalistik, Hubungan Masyarakat, Periklanan, Televisi dan Film, Manajemen Komunikasi dan Media, Komunikasi Penyiaran Islam, Ilmu Kesejahteraan Sosial, Sosiologi, Antropologi, Ilmu Sosiatri, atau Kependudukan. Sub rumpun ilmu politik terdiri dari bidang Ilmu Politik, Hubungan Internasional, Ilmu Administrasi, Ilmu Pemerintahan, Ilmu Sosial Politik, atau Kebijakan Publik. Sub rumpun ilmu humaniora terdiri dari bidang Ilmu Humaniora, Ilmu Sejarah, Ilmu Hukum, Notariat, Kriminologi, Ilmu Kepolisian, Ketahanan Nasional, Studi Pembangunan, Kajian Wilayah, Kajian Budaya, Arkeologi, atau Kepariwisataan.
Arjuna Subject : Ilmu Sosial - Administrasi Publik
Articles 237 Documents
 20   21   22   23   24 
Regulatory gaps in the protection of the human rights of female live streaming hosts in platform-based employment relations Fransiska Triwidya Purba
Journal of Law, Administration, and Social Science Vol 6 No 2 (2026)
Publisher : PT WIM Solusi Prima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54957/jolas.v6i2.2222

Abstract

The rapid growth of the digital economy has generated new forms of platform-based employment, including the profession of live streaming hosts. This occupation has become increasingly popular among women due to its flexibility and accessibility as a source of income. However, the expansion of digital labor has not been accompanied by an adequate regulatory framework capable of ensuring the protection of workers' human rights, particularly those of women. This study aims to analyze the regulatory gap in the protection of women's human rights as live streaming hosts through a sociology of law perspective. The research employs an empirical legal method with a qualitative approach. Primary data were collected through semi-structured interviews with female live streaming hosts, while secondary data were obtained from laws and regulations, academic literature, and relevant supporting documents. The findings reveal significant regulatory gap s that hinder the fulfillment of fundamental labor rights, including access to social security, health protection, job security, and protection from digital violence and harassment. Furthermore, oversight mechanisms for digital platforms remain limited, resulting in an imbalance of bargaining power that places female workers in a vulnerable position. These findings demonstrate a discrepancy between law in books and law in action, which contributes to the structural exclusion of women within the digital economy. Therefore, regulatory reform and stronger policy measures grounded in a human rights approach are necessary to ensure fair, safe, and equitable working conditions for women in the evolving digital labor ecosystem.  
The imbalance of relations between tax authorities and legal representatives in the tax court: An analysis of substantive justice and the constitutional guarantee of equality before the law Akmal Suprobo
Journal of Law, Administration, and Social Science Vol 6 No 3 (2026)
Publisher : PT WIM Solusi Prima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54957/jolas.v6i3.2246

Abstract

This study examines the implications of Constitutional Court Decision Number 26/PUU-XXI/2023 for the protection of human rights in tax dispute resolution in Indonesia, particularly concerning the principles of equality before the law and the right to a fair trial. This research employs a normative legal method using statutory, conceptual, and case approaches. The legal materials consist of legislation, court decisions, and relevant literature on human rights and the tax judiciary system. The findings indicate that prior to the decision, the Tax Court operated under a dual supervisory system involving both the Supreme Court and the Ministry of Finance. This arrangement created an imbalance between taxpayers and tax authorities, raising concerns regarding judicial independence and impartiality in tax dispute adjudication. Through Constitutional Court Decision Number 26/PUU-XXI/2023, the authority over the organizational, administrative, and financial supervision of the Tax Court was fully transferred to the Supreme Court. This institutional reform strengthens judicial independence and enhances the protection of the right to an independent, impartial, and fair hearing. Furthermore, the decision encourages broader reforms within the Tax Court system, including improvements to the licensing framework for legal representatives and greater transparency in judicial administration. Consequently, the decision represents a significant milestone in establishing a more equitable, independent, and human rights-oriented tax dispute resolution system in Indonesia.
Implementation of health standards in the mitigation of infectious diseases at the class I correctional facility in Malang Kesya Stevany Santoso; Windi Adelia Gustiara; Daffa Ailla Ardika; Ella Nurlita; Salsabila Varah Lila; Hasna Naifa Putri; Athirah Faqihatun Nisa; Henny Rosalinda
Journal of Law, Administration, and Social Science Vol 6 No 5 (2026)
Publisher : PT WIM Solusi Prima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54957/jolas.v6i5.2192

Abstract

This study analyzes the implementation of the International Health Regulations (IHR) 2005 in mitigating infectious diseases within Indonesian prisons, specifically focusing on Class I Malang Prison. Despite Indonesia recording an average national core capacity score of 75% in the 2023 SPAR, significant gaps remain in surveillance indicators (70%) and health service provision/IPC (60%), particularly in closed institutional settings. Using a qualitative descriptive-analytical method, this research evaluates the impact of participatory socialization in building inmates' political awareness and health literacy. The findings indicate that a bottom-up approach through strengthening inmate participation serves as an effective compensatory mechanism for systemic and facility limitations caused by overcrowding. In conclusion, strengthening national health security requires the integration of prison surveillance systems into the national network and housing policy reforms to structurally reduce the risk of infectious disease transmission.
Reconstruction of copyright law to accommodate generative artificial intelligence works Ngakan Prananta Britania
Journal of Law, Administration, and Social Science Vol 6 No 5 (2026)
Publisher : PT WIM Solusi Prima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54957/jolas.v6i5.2223

Abstract

The development of generative Artificial Intelligence (AI) has challenged the foundations of copyright law, which has traditionally required human contribution or human authorship as a prerequisite for copyright protection. In Indonesia, Law Number 28 of 2014 on Copyright does not explicitly regulate the legal status of works generated through the use of AI, resulting in a normative gap that may encourage practices aimed at avoiding royalty obligations, as reflected in the Constitutional Court case Number 37/PUU-XXIII/2025. This study employs a normative legal research method using statutory, conceptual, and comparative approaches. The analysis is conducted through Gustav Radbruch's Theory of the Purpose of Law to examine the fulfillment of justice, legal certainty, and utility, as well as Nonet and Selznick's Responsive Law Theory to evaluate the ability of the legal system to respond to technological disruption. The findings indicate that a comparative study of regulations in the United States, the European Union, and China demonstrates that these three jurisdictions continue to uphold the principle of human creative contribution as the basis for copyright protection, albeit with varying degrees of responsiveness. The European Union adopts the most systematic approach through risk-based regulation, the United States remains adaptive through the development of judicial precedents, while China demonstrates a progressive approach by recognizing prompt engineering as a form of human creativity under certain circumstances. This study concludes that Indonesia's Copyright Law requires a paradigmatic reconstruction through the redefinition of the concept of authorship for AI-assisted and AI-generated works, the regulation of Text and Data Mining through an opt-out mechanism, the implementation of compulsory collective licensing to ensure a fairer distribution of royalties, as well as transparency and labeling obligations for works generated with the assistance of generative AI.
Legal protection for victims of criminal acts of neglecting children with disabilities from the perspective of Maqashid Syariah Sabrina Putri; Rizal Rizal; Muhamad Sadi
Journal of Law, Administration, and Social Science Vol 6 No 4 (2026)
Publisher : PT WIM Solusi Prima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54957/jolas.v6i4.2224

Abstract

This study examines legal protection for victims of criminal abandonment of children with disabilities from the perspective of maqashid syariah. Children with disabilities face double vulnerability and require special protection from the state, family, and society. Based on data from the Ministry of Women Empowerment and Child Protection, 1,381 cases of child abandonment were recorded in Indonesia in 2024, while the WHO estimates around 240 million children with disabilities worldwide. This study employs a normative juridical method using statutory and conceptual approaches. The results show: first, forms of abandonment of disabled children include physical, educational, emotional, social, and health neglect; second, from the perspective of maqashid syariah, legal protection for victims of abandonment constitutes part of three primary objectives of Islamic law hifz al-nafs (protection of life), hifz al-aql (protection of intellect), and hifz al-nasl (protection of lineage). Optimal legal protection encompasses not only criminal sanctions against perpetrators but also rehabilitation, legal assistance, health services, inclusive education, and psychological recovery.
Business interests above human lives: An analysis of business-related violations in the Kanjuruhan tragedy from a human rights perspective Muhammad Ammar Darmaputra
Journal of Law, Administration, and Social Science Vol 6 No 4 (2026)
Publisher : PT WIM Solusi Prima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54957/jolas.v6i4.2254

Abstract

The Kanjuruhan Tragedy of 1 October 2022 represents a significant human rights incident that exposed weaknesses in business governance within Indonesia’s sports industry. The event, which resulted in hundreds of deaths and injuries, highlighted the tension between commercial interests and the responsibility to protect human rights. This study aims to examine the business and human rights dimensions of the Kanjuruhan Tragedy through the framework of the United Nations Guiding Principles on Business and human rights (UNGPs) and Presidential Regulation Number 60 of 2023 concerning the National Strategy on Business and human rights. The research employs a normative legal method using statutory, conceptual, and comparative approaches. Data were collected through a literature review of legal instruments, official documents, investigation reports, and relevant academic sources. The findings indicate that the scheduling of the match to accommodate prime-time television broadcasting contributed to excessive crowd density and heightened safety risks. Furthermore, the study identifies failures by business actors and related stakeholders to implement adequate human rights due diligence, risk mitigation measures, and crowd management practices. These shortcomings demonstrate the absence of effective safeguards required under contemporary business and human rights standards. The study concludes that stronger corporate accountability mechanisms, effective implementation of human rights due diligence, and the integration of business and human rights principles into sports event governance are necessary to prevent similar incidents in the future and to ensure greater protection of fundamental rights.
Human rights protection in land acquisition in forest areas for infrastructure projects Ilham Desri Satria
Journal of Law, Administration, and Social Science Vol 6 No 4 (2026)
Publisher : PT WIM Solusi Prima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54957/jolas.v6i4.2255

Abstract

This study examines the implications of Forest Area Use Approval (PPKH) in land acquisition for the Bakauheni–Terbanggi Besar Toll Road project with particular attention to the protection of property rights and Economic, Social, and Cultural Rights (ESCR). The research is motivated by the legal conflict arising from the overlap between forestry law and land law regimes, which creates uncertainty for individuals holding legally registered Freehold Title (Hak Milik) over land subsequently designated as forest areas. Employing a socio-legal approach, this study combines statutory analysis, field observation, and document review to assess the legal and social consequences of the PPKH mechanism. The findings demonstrate that the application of PPKH to land already certified under Freehold Title generates legal dualism between state control over forest areas and the recognition of private property rights under the national land law system. This situation weakens property rights protection, limits access to fair compensation, and adversely affects the livelihoods of agrarian communities whose economic and social well-being depend on land ownership and use. Furthermore, the study finds that the current implementation of PPKH does not adequately safeguard human rights, particularly the rights to property, work, and an adequate standard of living. The research concludes that converting forest areas into Other Land Use Areas (APL) prior to land acquisition provides a more appropriate legal framework by ensuring greater legal certainty, enhancing compensatory justice, and strengthening human rights protection within the implementation of national strategic infrastructure projects.
The right to safe and adequate transportation as a human right: A normative legal analysis of Indonesia’s public transportation system Kharisma Mega Suryadewi
Journal of Law, Administration, and Social Science Vol 6 No 4 (2026)
Publisher : PT WIM Solusi Prima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54957/jolas.v6i4.2258

Abstract

Public transportation constitutes a fundamental instrument in modern society, serving not merely as a means of mobility but also as a medium for fulfilling various constitutional rights of citizens. Access to education, healthcare, employment, and public services largely depends on the availability of safe, adequate, affordable, and non-discriminatory transportation systems. From a human rights perspective, transportation should not be viewed solely as an economic or infrastructural sector, but rather as part of the state's obligation to ensure human welfare and dignity. Although Indonesia has enacted various regulations governing public transportation, significant issues remain, including traffic accidents, limited accessibility for vulnerable groups, weak passenger protection mechanisms, and inadequate implementation of public service standards. This research aims to analyze the legal position of the right to safe and adequate transportation as a human right and to examine the effectiveness of Indonesia's transportation law system in protecting passengers' rights. Using normative legal research methods with statutory, conceptual, and human rights approaches, this study finds that the right to safe and adequate transportation possesses a strong constitutional foundation within Indonesia's legal system despite not being explicitly recognized as a separate right. The state bears obligations to respect, protect, and fulfill this right through regulatory frameworks, supervision, and quality transportation services. However, a gap remains between legal norms and practical implementation. Therefore, a stronger human rights-based transportation paradigm is required within national transportation development.
Implementation of the business judgment rule doctrine under Law Number 16 of 2025 on the protection of the human rights of state-owned enterprise management in exercising their authority Yogi Herlambang
Journal of Law, Administration, and Social Science Vol 6 No 4 (2026)
Publisher : PT WIM Solusi Prima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54957/jolas.v6i4.2263

Abstract

State-Owned Enterprises (SOEs) possess a dual character as profit-oriented business entities and as instruments of the state in delivering public services. In law enforcement practice, the business losses incurred by SOEs are frequently equated with state financial losses, so that business decisions taken by directors in good faith are exposed to the risk of criminalization of policy. This condition may infringe the right to fair legal certainty and the right to a sense of security as guaranteed by Article 28D(1) and Article 28G(1) of the 1945 Constitution and Law Number 39 of 1999 on Human Rights. This study analyzes the implementation of the Business Judgment Rule (BJR) doctrine under Law Number 16 of 2025 concerning the Fourth Amendment to Law Number 19 of 2003 on SOEs and its relevance to the protection of the human rights of SOE management. The study employs a normative juridical method with statutory, conceptual, and case approaches, examining Constitutional Court Decisions Number 48 and 62/PUU-XI/2013, Constitutional Court Decision Number 25/PUU-XIV/2016, and the court decisions in the Hotasi Nababan, Karen Agustiawan, and Sofyan Basir cases. The findings show that the inconsistency of convictions in judicial practice reflects genuine legal uncertainty, whereas Law Number 16 of 2025 reinforces the BJR by affirming that the assets and losses of an SOE belong to and are the responsibility of the SOE as a legal entity. The rights to legal certainty and to a sense of security are derogable rights, yet they intersect with a non-derogable core, namely the principle of legality and recognition as a person before the law (Article 28I(1)), so that their limitation is subject to the requirements of Article 28J(2). Remedies for criminalization that violates human rights may be pursued through pretrial motions, acquittal or release from prosecution, judicial review, compensation and rehabilitation, and guarantees of non-repetition through legal reform. Accordingly, the BJR functions not only as an instrument of good corporate governance but also as an instrument for the protection of human rights, although Law Number 16 of 2025 still leaves disharmony with the state finance and anti-corruption law regimes that requires de lege ferenda reconstruction.   Kata kunci: Perlindungan HAM, Business Judgement Rule, BUMN, Kriminalisasi Kebijakan.
A socio-legal analysis of development vs. ecological justice: A case study of indigenous peoples' human rights violations in the food estate national strategic project in Gunung Mas Violenza Alif
Journal of Law, Administration, and Social Science Vol 6 No 4 (2026)
Publisher : PT WIM Solusi Prima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54957/jolas.v6i4.2266

Abstract

The Food Estate National Strategic Project (NSP) in Gunung Mas Regency, Central Kalimantan, was conceived as a solution to the threat of a global food crisis. However, its implementation has triggered a severe clash between the state’s development ambitions and the ecological rights of the Dayak Indigenous Peoples. This journal analyzes how the Food Estate project instigates human rights violations against indigenous communities, examined through the lens of Ecological Justice. The research employs a qualitative normative-legal method with a socio-legal approach, utilizing secondary data analysis (desk research). The findings demonstrate that this project disregards the principle of Free, Prior, and Informed Consent (FPIC), expropriates sociological living spaces, excludes indigenous forest rights following the Constitutional Court Decision No. 35/PUU-X/2012, and causes severe environmental degradation (deforestation and flooding) that burdens local communities in the absence of distributive justice. The state prioritizes corporate food security at the expense of ecological sustainability and indigenous livelihoods.

Page 23 of 24 | Total Record : 237

 20   21   22   23   24 

Filter by Year

2021 2026


Reset
Filter By Issues
All Issue Vol 6 No 5 (2026) Vol 6 No 4 (2026) Vol 6 No 3 (2026) Vol 6 No 2 (2026) Vol 6 No 1 (2026) Vol 5 No 6 (2025) Vol 5 No 5 (2025) Vol 5 No 4 (2025) Vol 5 No 3 (2025) Vol 5 No 2 (2025) Vol 5 No 1 (2025) Vol 4 No 6 (2024) Vol 4 No 5 (2024) Vol 4 No 4 (2024) Vol 4 No 3 (2024) Vol 4 No 2 (2024) Vol 4 No 1 (2024) Vol 3 No 2 (2023) Vol 3 No 2a (2023) Vol 3 No 1 (2023) Vol 2 No 2 (2022) Vol 2 No 1 (2022) Vol 1 No 2 (2021): Desember 2021 Vol 1 No 1 (2021): Juni 2021 More Issue