cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Dina Fadiah
Contact Email
dinafadiah17@gmail.com
Phone
+628989009417
Journal Mail Official
philosophyoflaw01@gmail.com
Editorial Address
Program Studi Hukum Program Doktor Universitas 17 Agustus 1945 Semarang Jl. Pemuda No. 70, Kelurahan Pandansari, Kecamatan Semarang Tengah, Kota Semarang, Jawa Tengah 50132 Telp. (024) 8640079
Location
Kota semarang,
Jawa tengah
INDONESIA
Journal Philosophy of Law
Published by Universitas 17 Agustus 1945 Semarang
ISSN : -     EISSN : 28091000     DOI : 10.35973/jpl.v2i2.2313
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The scope of this journal includes the study of Health Law, Economic and Business Law, Criminal, Civil, State Administration, International Law, Human Rights, Customary Law, and Environmental Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 4 Documents
 1 
Search results for , issue "Vol 6, No 1 (2025)" : 4 Documents clear
INTEGRATION OF CUSTOMARY LAW AND CONFLICT RESOLUTION IN MULTICULTURAL SOCIETIES Dewi, Mieke Anggraeni; Kuswarini, Kuswarini; Winarni, Widiati Dwi
Journal Philosophy of Law Vol 6, No 1 (2025)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v6i1.5819

Abstract

The purpose of this research is to analyze the challenges in integrating customary law into Indonesia's national legal system and to identify mechanisms for resolving customary law conflicts. The methodology used is a normative legal research with an empirical and legislative approach, where the data collected comes from literature review and legal studies. These data are qualitatively analyzed to understand the relationship between customary law and state law, as well as the challenges faced in their integration process. The findings show that one of the main challenges in integrating customary law into national law is the difficulty in harmonizing the local wisdom values embedded in customary law with the more formal and universal state legal system. The normative discrepancies between the two often lead to legal conflicts, especially in communities that have a legal system deeply intertwined with local culture and social structure. Additionally, the limited knowledge of customary law among indigenous peoples and law enforcement officers also hampers the effective implementation of state law. A successful integration process requires an inclusive approach involving the government, indigenous communities, and other stakeholders in creating dispute resolution mechanisms based on mediation and cross-cultural dialogue. The conclusion of this study is that the integration of customary law into the national legal system requires strategic measures that respect local wisdom values, strengthen the capacity of indigenous communities in understanding law, and support policies that encourage conflict resolution through dialogue and mediation. The recommendation proposed is the importance of formulating policies that provide space for customary law within the national legal framework, as well as the need for training law enforcement officers on customary law to ensure a harmonious and mutually supportive integration of both legal systems.
ERADICATION OF ILLEGAL FISHING IN INDONESIAN WATERS FROM THE PERSPECTIVE OF INTERNATIONAL LAW Falah, Ashhabul; Arief, Eva
Journal Philosophy of Law Vol 6, No 1 (2025)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v6i1.5860

Abstract

Illegal fishing, or unlawful and unregulated fishing activities, has become a major issue faced by Indonesia as a maritime nation due to its geographical location between the Indian and Pacific Oceans. This activity has negative impacts on the economy, the sustainability of fishery resources, and Indonesia’s marine environment. Numerous arrests of unauthorized foreign vessels that deliberately intrude into Indonesian waters to exploit marine resources highlight the severity of the problem. As Indonesia holds a highly strategic position, it is increasingly vulnerable to various forms of illegal fishing crimes.  This study employs a normative juridical method with a legislative and documentary approach. The data sources include primary data in the form of international legal provisions related to illegal fishing, as well as secondary data obtained from the Ministry of Maritime Affairs and Fisheries. The findings indicate that the eradication of illegal fishing in Indonesian waters, from the perspective of international law, is strictly regulated, particularly under the 1982 United Nations Convention on the Law of the Sea (UNCLOS), which governs state rights within the Exclusive Economic Zone (EEZ) and territorial waters. Indonesia actively participates in various treaties and conventions to combat illegal fishing and collaborates with other nations in these efforts.  Indonesia has encountered fluctuating challenges in its efforts to combat illegal fishing. The relevant authorities enforce strict measures by cooperating with law enforcement agencies and local communities, while the government continuously monitors its waters both independently and in collaboration with other countries. Additionally, the presence of numerous unauthorized activities in Indonesian waters necessitates the involvement of all stakeholders to safeguard the country’s marine and fishery resources from various maritime crimes, particularly illegal fishing.
LAW ENFORCEMENT OF 2024 ELECTION OFFENCES IN CONSTITUTIONAL LAW PERSPECTIVE: A CASE STUDY Aulia, Rahma
Journal Philosophy of Law Vol 6, No 1 (2025)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v6i1.5994

Abstract

Research discusses the challenges and problems faced in law enforcement related to offences of the 2024 simultaneous general elections in Indonesia with a focus on Central Java Province. Through a constitutional law approach, this study explores how Badan Pengawas Pemilu (Bawaslu) plays a role in enforcing the law and preventing offences. The method used in this research is normative juridical with empirical and statutory approaches. Data were collected through a qualitative method by analyzing cases of offences that occurred in Central Java. The results showed that in law enforcement against election offences, Bawaslu Central Java Province focuses on efforts to prevent election offences, with handling offences as the last step if prevention fails. Handling of election offences can come from two sources: namely supervision by election supervisors and reports from the public. If the offence is registered, Bawaslu conducts clarification and if proven, the criminal case is forwarded to the police and the Gakkumdu center, while code of ethics offences are submitted to DKPP and for administrative offences, Bawaslu holds an examination hearing that results in a binding decision. Bawaslu in handling election offences is faced with three challenges, namely multi-interpretive election rules, criminal allegations and a culture of people who are reluctant to report. Constitutional law plays a role in setting clear procedures, such as clarification by Bawaslu, investigation by Sentra Gakkumdu and examination hearings for administrative offences. In practice, justice and consistency in the application of sanctions are still needed, strengthening firmer regulations, increasing institutional capacity and legal protection for reporters.
CUSTOMARY MARRIAGE VS ISLAMIC: LEGAL ANALYSIS AND STATE RECOGNITION IN FUNCTIONAL STRUCTURAL THEORY Ngazizah, Inna Fauziatal; Dzofir, Mohammad
Journal Philosophy of Law Vol 6, No 1 (2025)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v6i1.6049

Abstract

This article explores the complex interaction between customary marriage and Islamic marriage within the framework of Indonesian legal pluralism. It seeks to examine the legal validity and state recognition of marriages conducted under customary traditions compared to those performed according to Islamic law. The analysis is grounded in the functional structural theory, which posits that each legal and social institution has a function to maintain societal stability. In Indonesia, where both customary (adat) and Islamic norms operate alongside formal state law, the recognition and regulation of marriage practices become a critical point of inquiry. Through normative-juridical analysis, the study reveals that customary marriages—although socially legitimate within their local communities—often face challenges in obtaining state recognition, particularly in relation to administrative documentation such as marriage certificates and civil rights protections. Meanwhile, Islamic marriages, regulated under the Marriage Law No. 1 of 1974 and administered by the Religious Courts, receive formal recognition when they conform to procedural legal requirements. The article emphasizes the need for the state to harmonize these legal systems to avoid marginalization of indigenous practices while ensuring legal certainty for citizens. Using functional structural theory, the study argues that both customary and Islamic marriage systems serve crucial roles in maintaining social order, identity, and cohesion. Legal pluralism, when managed inclusively, can enhance rather than undermine state authority. Thus, this paper calls for more integrative legal mechanisms that accommodate Indonesia’s socio-cultural diversity without compromising legal clarity or individual rights.

Page 1 of 1 | Total Record : 4

 1 

Filter by Year

2025 2025


Reset
Filter By Issues
All Issue Vol 6, No 1 (2025) Vol 5, No 2 (2024) Vol 5, No 1 (2024) Vol 4, No 2 (2023) Vol 4, No 1 (2023) Vol 3, No 2 (2022) Vol 3, No 1 (2022) Vol 2, No 2 (2021) Vol 2, No 1 (2021) Vol 1, No 2 (2020) Vol 1, No 1 (2020) More Issue