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INDONESIA
Interdisciplinary Journal on Law, Social Sciences and Humanities
Published by Universitas Jember
ISSN : -     EISSN : 27755045     DOI : https://doi.org/10.19184/idj
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
The Interdisciplinary Journal on Law, Social Sciences, and Humanities (IDJ) is a scientific journal which publishes original articles on the most recent knowledge, researches, or applied researches and other development in fields of academic practitioners, researchers, scientists, and consultants. IDJ is a magnificent platform to discuss interdisciplinary disciplines. Manuscript with an interdisciplinary and empirical approach will be preferable. However, the journal will still consider the manuscript with a descriptive approach for publication as long as it provides cases and contextual discussion and uses an interdisciplinary approach to examine the cases. This objective of this journal comes from the current context of issues within the framework of social sciences, law, and humanities that need to be discussed from various kinds of approaches. Thus, the scope of this journal covers interdisciplinary studies on social issues such as poverty, crimes, development, public policy, economy, law, gender, culture, education, and any other social realm.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 6 Documents
 1 
Search results for , issue "Vol 5 No 1 (2024): May 2024" : 6 Documents clear
Analisis Keabsahan Pembebanan Hak Tanggungan Berupa Harta Waris Tanpa Persetujuan Ahli Waris Aldjufri, Ali Reza; Hazhin, Utiyafina Mardhati
INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES Vol 5 No 1 (2024): May 2024
Publisher : Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/idj.v5i1.47718

Abstract

This study aims to assess the validity of the encumbrance of a mortgage in the form of inherited property without the consent of all heirs. Banks, as financial institutions, have a strategic role in supporting the economic growth of society, including functioning as intermediaries for the interests of parties with excess funds (creditors) and parties who need funds (debtors). Banks provide products to those in need of funds through credit facilities. They usually ask for collateral as a legitimization tool to provide legal certainty to creditors that debtors will carry out their obligations. In reality, however, mistakes or negligence can occur where the certificate is pledged as collateral has the status of inherited property but has yet to be divided. Therefore, the author examines whether the undivided inheritance is valid if pledged without all heirs' consent. This writing is normative research, utilizing a statutory and conceptual approach. The data analysis method used is the descriptive qualitative method. The results of this study show that before providing credit services, banks carefully assess the character, ability, capital, collateral, and business prospects of debtor customers. If the pledged collateral is undivided inherited property, banks require the consent of all heirs. Keywords: Bank, Credit, Inherited Property.
Perspektif Hukum Islam dalam Menanggapi Fenomena Mahar Unik di Indonesia Luthfia, Chaula
INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES Vol 5 No 1 (2024): May 2024
Publisher : Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/idj.v5i1.38714

Abstract

According to Islamic marriage contracts, dowry is the husband's obligation and the wife's right. Dowry is a form of respect for women in Islam, which glorifies them by giving them the right to own property. Giving dowry is done in ways that are considered different, impressive, and unique. For example, current trend of giving dowry within the community include setting the amount of dowry with a unique nominal, framing the dowry in certain forms, and giving dowry with unique items. Here, a problem arises with how Islamic Law sees the phenomenon of these unique dowry trends. This research employs library methods, utilizing a normative and philosophical approach. The result of this research is that Islam does not determine the amount of dowry, nor what type or form it should be. Marriage can be achieved even with a simple dowry, as long as it is useful, has value, is sacred and not haram, is tradeable and can raise the wife's prestige. A dowry of a unique item or object is permissible, and the dowry can be simple, if it can benefit the prospective couple.Keywords: Dowry Substance, Unique Dowry Trend, Wedding.
Penyelesaian Peraturan Daerah Bermasalah Berdasarkan Asas Peraturan Perundang-Undangan Aritonang, Syofina Dwi Putri; Nugroho, Ahmad; Syahrani, Nabila; Susmayanti, Riana
INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES Vol 5 No 1 (2024): May 2024
Publisher : Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/idj.v5i1.43679

Abstract

Article 18 of the 1945 Constitution of the Republic of Indonesia stipulates that regional governments can carry out their government affairs based on the principles of autonomy and assistance duties. Regional regulations must be formed appropriately to reflect the needs of society and what needs to be regulated and resolved. So regional regulations must be in line with the guidelines on the principles of statutory regulations. However, as KPPOD data states, up to 2021 there are at least 347 regional regulations that are still problematic. For example, Surakarta City Regional Regulation Number 4 of 2011 concerning Regional Taxes, Mukomuko Regency Regional Regulation Number 5 of 2016 concerning Muslim and Muslim Dress for Students, and Bogor City Regional Regulation Number 10 of 2018 concerning Non-Smoking Areas. The research uses normative juridical research methods with a statutory and regulatory approach, with primary and secondary legal materials. The technique for collecting legal materials in this research was carried out using documentation studies. The research results show that the regional regulations that the author used as a case study in this research have problems in their implementation. These problems include conflicts of norms and regional regulations that differ in substance from the latest decisions testing the regulations used as guidelines by these regional regulations, which ultimately results in the emergence of legal uncertainty in society. Therefore, the competent authorities can immediately revise or revoke these regulations. Keywords: Principles of Statutory Regulations, Regional Government, Regional Regulations.
Endlessness of Statelessness Sanubari, Robindra Akhmad; Antikowati, Antikowati; Yunita, Fenny Tria
INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES Vol 5 No 1 (2024): May 2024
Publisher : Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/idj.v5i1.44563

Abstract

Citizenship Status is a human right and is crucial for people to receive protection from the state. Human rights are a fundamental element of the state, and citizenship status creates a mutual relationship between citizens and their country. Everyone must have citizenship because the relationship between the state and the citizen grants legal certainty. This study aims to determine and analyze the legal protection of stateless persons living and settling in Indonesia. Additionally, this article examines what legal remedies are available to stateless persons to obtain citizenship status in Indonesia. This research is normative research based on societal norms. The research type is based on the absence of regulation concerning non-stateless persons in Indonesia in Law No. 12 of 2006 concerning Citizenship and Government and Regulation No. 2 of 2007 concerning the Procedure to Obtain, Lose, Cancellate, and Retrieve Indonesian Citizenship. Based on the research results, it can be concluded that stateless persons in Indonesia (pid) are protected by the principles of anti-apatride and the concept of maximum protection. Consequently, the government has the discretion to ensure that former citizens and their descendants who lost Indonesian citizenship can recover their status as Indonesian citizens. Keywords: Citizenship, Human Rights, Stateless Persons, Statelessness.
Mendukung Keberlanjutan H.K, Ajeng Pramesthy; Syahna, Adinda; Mulya, Kukuh Budi
INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES Vol 5 No 1 (2024): May 2024
Publisher : Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/idj.v5i1.47151

Abstract

Indonesia is an archipelagic country with vast marine areas. The sea is one of its greatest assets due to its diverse marine ecosystems, including both flora and fauna, as well as valuable mineral resources. However, with the advancement of time, the sustainability of marine ecosystems is threatened by mining activities and exploitation. In particular, exploitative activities carried out by foreign nationals in Indonesian waters often disregard binding legal protections. Therefore, protecting Indonesia's marine areas in the international arena is an urgent matter for the Indonesian government. The United Nations Convention on the Law of the Sea (UNCLOS) of 1982, accompanied by Indonesian regulations, provide detailed regulations regarding the protection and preservation of Indonesia's marine ecosystems. Consequently, it is hoped that these efforts can address issues arising from pollution and damage in Indonesia's territorial waters and Exclusive Economic Zone. This article aims to understand the role of international legal protection in preserving Indonesia's marine ecosystems. Additionally, it assesses how the government responds to the limited role of Indonesian positive law in marine ecosystem preservation, from the perspective of international maritime law. This article utilizes normative legal writing, drawing references from relevant literature, library materials, and applicable legal regulations as concrete data sources. Keywords : UNCLOS 1982, Legal Protection, Marine Environment.
Ketidakpatuhan Sudan Selatan dalam Skema Perjanjian Internasional R-ARCSS Terkait Keterlibatan Tentara Anak dalam Angkatan Bersenjata Fithria, Farah Agnis
INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES Vol 5 No 1 (2024): May 2024
Publisher : Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/idj.v5i1.47302

Abstract

This article aims to discover and understand the reasoning behind actor noncompliance with international agreements. In this case, the Government of South Sudan is not in compliance with international igreements relating to the involvement of child soldiers in the armed forces. International agreements seek to bind members to rules agreed upon by each party. This article discusses the R-ARCSS Agreement, signed by the two parties who previously clashed in the civil war in South Sudan and mediated by the UN and IGAD. This research examines the regulations that South Sudan does not comply with, especially regarding the involvement of child soldiers in the armed forces. The research question for this article is, "Why does South Sudan continue to recruit child soldiers despite having signed the R-ARCSS agreement?" This research uses qualitative methods with a noncompliance theory approach, where three variables illustrate the reasoning for South Sudan’s noncompliance with international agreements, as seen from the unclear provisions in the agreements. These give rise to multiple interpretations (ambiguity), the existence of limited capacity to comply with rules or regulations (capacity limitations), and changes in domestic conditions (temporal dimensions). Keywords: International Agreement, Child Soldiers, Armed Force, South Sudan, Non-compliance Theory

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