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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 56 Documents
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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.
Ketidakpatuhan Tiongkok terhadap Sino-British Joint Declaration dalam Implementasi Kebijakan “One Country, Two Systems” Hong Kong Putri, Cindy Claudia
INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES Vol 4 No 2 (2023): November 2023
Publisher : Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/idj.v4i2.40872

Abstract

In general, this research discusses China's non-compliance with the Sino-British Joint Declaration agreement in implementing policies on the principle of "One Country, Two Systems" in Hong Kong. The interesting thing in this research is that the “One Country, Two Systems” system is a unique system of government because it has never been implemented in any country other than China. The Gap Research in this research is that China in the last ten years has shown an increasingly disobedient attitude towards the Sino-British Joint Declaration even though the agreement is a solution so that "One Country, Two Systems" can be carried out as it should. This non-compliance made China criticized by many countries but there was no intention of China to return to complying with the agreement. This research uses state security theory, state sovereignty theory, and compliance-based theory. With this theory, it can be seen what factors made China disobedient to the Sino-British Joint Declaration.Keywords: International Agreement, Democratization, One Country Two Systems, China, Hong Kong.
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.
Politik Hukum Penegakan Tindak Pidana Pemilu Perspektif Keadilan Bermartabat Munte, Herdi
INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES Vol 4 No 2 (2023): November 2023
Publisher : Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/idj.v4i2.43656

Abstract

Election criminal law is built and enforced as a legal instrument for eradicating election criminal acts. In fact there is a demand to reform the legal politics of election crime enforcement from the perspective of dignified justice to create honest, fair and dignified elections. The problem studied is how the current law enforcement of election crimes is political and why it is important to reform the law enforcement politics of election crimes based on dignified justice. The research was conducted using a juridical-normative method with statutory and doctrinal approaches. The results of the study show that the regulation of election crimes is contained in a book of election law laws (UU No.7 of 2017 last amended by Law No.7 of 2023) there are as many as 67 articles consisting of offenses and crimes. Many criminal provisions are irrelevant, the enforcement of election criminal law is still far from what was expected, so it is necessary to reform law enforcement in a structured and systematic manner both from the aspect of substance, structure and legal culture. The politics of election criminal law currently places punishment as the foremost legal means, while the demands for the development of law enforcement for election criminal acts that are expected are punishment as a last resort and reform of law enforcement for election criminal acts based on dignified justice (justice that humanizes humans) a necessity in the context of guaranteeing legal objectives (fairness, benefit and certainty) and the objectives of holding elections that are fair and with integrity, legal certainty, effectiveness based on values, principles, norms and rules rooted in the spirit of the nation (volksgeid), namely Pancasila.Keywords: Legal Politics, Crime, Dignified Elections.
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.
Innovation as a Tool to Improve Public Service Delivery: South African Government Perspective Thusi, Xolani; Mahlatse, Ragolane; Matyana, Mandisi
INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES Vol 4 No 2 (2023): November 2023
Publisher : Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/idj.v4i2.39165

Abstract

South African citizens are still facing problems of poor service provision in the local, provincial, and national governments after 28 years of democracy. The standard of public service provision and implementation in South Africa is deteriorating. It is important to note that due to the country's high level of unemployment, the majority of South African citizens rely on government service provision. Because of the government's inability to reach every citizen with efficient and effective service provision, South Africa has the highest level of inequality and a huge gap between the rich and the poor, making efficient service provision a solution to bridge the gap and inequality. This article proposed that the government must develop techniques to boost innovation in the public sector to prioritize service delivery in the country, as there are many challenges surrounding the South African public sector. Qualitative approach was adopted in this research, through the review of recent secondary sources to address the objectives of this study.Keywords: Citizens, Government, Innovation, Service Provision.
Aspek Hak Asasi Manusia dalam Pembentukan Peraturan Perundang-Undangan di Indonesia Rifai, Ahmad; Khanif, Al; Mulya, Kukuh Budi
INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES Vol 4 No 2 (2023): November 2023
Publisher : Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/idj.v4i2.35203

Abstract

The title of this article is the Human Rights Aspects In The Establishment Of Law Regulations In Indonesia. The background of this writing is whereas in the constitution, one of the elements of a rule of law is the fulfillment of human rights in it, so that in this case the red thread can be drawn in this research there are still problems in the implementation of norms for the formation of laws and regulations in Indonesia. This study uses a normative juridical, the problem approach used is a statute approach and a conceptual approach. Based on the result of this research, first, that the urgency of human rights values is the basis for forming laws and regulations in Indonesia because human rights values are natural and its position has been mandated in the 1945 Constitution. Second, that laws and regulations are still found both at the central and regional levels those who have not implemented human rights aspects. Third, that the drafting of this legislation was carried out by the Directorate of Human Rights Instruments as an effort to fill the legal vacuum for a public need for human rights, the Directorate of Human Rights Instrument.Keywords: Human Rights, State Law, Legislation.
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
Pemberatan Pidana Terhadap Kasus Marital Rape Ditinjau dari Perspektif Hak Asasi Manusia Yuwono, Nikmatul Keumala Nofa; Khanif, Al; Triana Ohoiwutun, Y. A.
INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES Vol 4 No 2 (2023): November 2023
Publisher : Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/idj.v4i2.42190

Abstract

The marital rape case is the one sexual violence case based on unequal relations between husband dan wife. In Indonesia, positive law doesn’t differentiate imprisonment or fines between sexual violence perpetrated by another person and sexual violence perpetrated by a partner in marriage. This article was written using feminist legal theory and human rights which describes the position of women in the eyes of the law and the fulfillment of the rights of wives as victims of marital rape. This study uses a juridical-normative method which aims to explain the criminal burden of rape cases based on a human rights perspective. Conclusion in this study is that cases of marital rape that occurred against wives are a form of violation of human rights in which criminal sanctions are needed to distinguish cases of sexual violence committed by other people from cases of sexual violence committed by partners in marriage.Keywords: Criminal Prosecution, Human Rights, Marital Rape.

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