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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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Tanggung Jawab Pidana Pengurus Partai Politik sebagai Korporasi dalam Tindakan Korupsi dan Pencucian Uang Rachmawati, Ayudya Rizqi; Manab, Abdul; Mulya, Kukuh Budi
INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES Vol. 5 No. 2 (2024): November 2024
Publisher : Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/idj.v5i2.52501

Abstract

The progress of democracy in a country positions political parties as key actors with a central role in the political system. However, the involvement of political parties in criminal acts such as corruption and money laundering has tarnished their reputation as organizations, eroded public trust, and posed significant challenges to law enforcement. This study explores the criminal liability of political parties as corporate entities, supported by primary, secondary, and tertiary legal sources, and is conducted within a normative legal research framework. The findings indicate that there are five main perspectives to examine the political, philosophical, legal, historical, and sociological foundations of criminal law regarding corporate responsibility in cases of corruption and money laundering. The ideal approach to prosecuting political parties as corporations involves rethinking the issue of corporate crime and focusing on two distinct categories of corporations: private corporations and special or public corporations, each subject to different criminal provisions. It is necessary to reform the nature of corporations as platforms for implementing ideas by revising certain elements of anti-corruption and anti-money laundering laws related to corporate entities. Many issues concerning fines, for instance, can be addressed by enacting laws with explicit provisions for corporate sanctions. Keywords: Political Party, Corporation, Criminal Acts of Corruption, Money Laundering Crime.
Pendaftaran Tanah Wakaf yang Berasal dari Tanah Negara Berdasarkan Peraturan Menteri Agraria dan Tata Ruang No. 02 Tahun 2017 Jauhari, Muhammad Fikri
INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES Vol. 5 No. 2 (2024): November 2024
Publisher : Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/idj.v5i2.52585

Abstract

In Islamic law, there is a command known as Waqf. There are organizations that are comparable to waqfs from the standpoint of the Common Law, Anglo-Saxon, and Anglo-American legal systems, specifically charity trusts. When it comes to the purpose, zakat and waqf are similar in that they both aspire to carry out charitable deeds for the good of society. Other religious organizations, such as INFA, zakat and shadaqah distribution institutions, or Badan Amil Zakat, Infaq, and Shadaqah (BAZIS), are one of the rights to control land in addition to other land ownership rights. In theory, these organizations also serve as zakat trustees, with the beneficiaries being specific individuals, the impoverished, and waqf orphans. After that, waqf institutions were recognized and included into Indonesian positive law, namely in the area of agricultural law. The purpose of this research is to serve as study material for gaining knowledge about the processes and methods for awarding waqf rights coming from state land. Research methodologies were used to write this paper. normative and legal, as well as in compliance with Minister of Agrarian Regulation Number 02 of 2017, which outlines the process for awarding waqf for State Land.The word "wakaf that comes from state land" is crucial.Keywords: Waqf, State Land, Regulation of the Minister of Agrarian and Spatial Planning.
Child Stunting in Southeast Asia and Indonesia: A Disregard for the Right to Survival and Development? Hafandi, Raisha
INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES Vol. 5 No. 2 (2024): November 2024
Publisher : Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/idj.v5i2.52309

Abstract

The objective of this research paper is to examine and clarify the regulations and policies that pertain to the application of the fundamental notion of the right to development for children. In addition to the aforementioned, an investigation will be conducted into the measures taken by the Association of Southeast Asian Nations (ASEAN) and Indonesia to address the prevalence of stunting in the region. There is a greater prevalence of stunted children in countries situated primarily in South and Southeast Asia, as well as in countries in sub-Saharan Africa. Indonesia is among the countries with a high occurrence of undernourishment, including stunting. Stunting in Indonesia represents a substantial public health concern that necessitates a multi-faceted and collaborative approach. The issue of stunting can impinge upon the state’s obligation to fulfil the rights to survival and development in children. In essence, the United Nations Committee on the Rights of the Child has interpreted the concept of child development as requiring an understanding that extends beyond the physical to encompass mental, moral, spiritual and psychological dimensions. The research is supported by data drawn from two sources: doctrinal data and data derived from empirical observation. However, empirical data is obtained from the results of previous research, which were derived from observations conducted in the field. It can therefore be concluded that stunting represents a concrete violation of the rights of the child to survival and development. In response, the ASEAN and Indonesia have enacted a series of policies and regulations aimed at addressing the issue of stunting in Southeast Asia and Indonesia. Furthermore, it is essential to implement a multisectoral approach to stunting reduction in Indonesia that engages health workers, families, the government, and communities.Keywords: Stunting, Children Rights, Development.
Kebijakan Hukum Pidana dalam Penanganan Malpraktik Medis Berdasarkan Perspektif Viktimologi Qomariyah, Selly Ismi; Tanuwijaya, Fanny; Khanif, Al
INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES Vol. 5 No. 2 (2024): November 2024
Publisher : Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/idj.v5i2.49308

Abstract

Settlement of medical malpractice cases using litigation is deemed ineffective in terms of benefits both for the health profession as perpetrators and for patients who are victims. Law Number 17 of 2023 concerning health in handling medical malpractice using the principles of restorative justice is expected to be the answer to this problem. Research This study uses a doctrinal legal research method which aims to test the suitability of the principles of restorative justice in legislation with a victimology perspective, which is then updated through reorientation of the suitability of criminal law policy formulations with a victimology perspective in medical malpractice. The results of this research are in principle the current criminal law policy. with the perspective of postmodern victimology in terms of handling medical malpractice, it is compatible. Regarding the issue of criminal liability for perpetrators of medical malpractice, it lies in individuals, namely medical personnel and/or health workers, then corporations, namely health service facilities, but it does not rule out the possibility that criminal liability can be prosecuted against both of them. Even though according to the principles of justice restorative justice has been included in the Health Law but there are no regulations regarding the minimum requirements for suspected medical malpractice that can be resolved using the principles of restorative justice and guidelines for implementing efforts to apply the principles of restorative justice outside of court. Cases of alleged medical malpractice are like icebergs that are more likely to remain untouched than which is already in legal proceedings at both the investigation/investigation and trial levels, while at this stage it is the spearhead of the success of implementing the principles of restorative justice. Therefore, it is necessary to formulate a criminal law policy in the form of material legal rules related to minimum requirements for medical malpractice that can be pursued with restorative justice and formal law related to alternative implementation guidelines. dispute resolution outside of court.Keywords: Medical malpractice, Criminal Law Policy, Victimology, Restorative Justice.
Problematika Tanggung Jawab Sosial dan Lingkungan Perusahaan: Perspektif Penyelenggaraan Pemerintahan Daerah dan Hak Asasi Manusia Nursasmita, Muhammad Akbar
INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES Vol. 5 No. 2 (2024): November 2024
Publisher : Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/idj.v5i2.48135

Abstract

The challenge of implementing social and environmental responsibility from a regional government perspective creates its own problems, especially in the context corporate social responsibility which have correlation fulfillment human rights. This research uses normative research methods. The results of this research found that CSR is a concept that continues to develop and finds a balance between companies or business entities that are seeking profit and their responsibilities to society and the environment. Furthermore, the implementation of CSR in the local government faced several problems, such as legal and social. On the other hand, the justification for CSR carried out by business entities can be seen from a human rights perspective, where apart from the state as the holder of obligations, business entities can also play an important role in their obligations towards human rights.Keywords: CSR, Local Government, Human Rights.
Sister City Surabaya - Liverpool: Tinjauan Yuridis Berdasarkan Perspektif Hukum Indonesia dan Vienna Convention on the Law of Treaties (VCLT) 1969 Sagala, Kaleb Anggi Three Putra; Nababan, Roida; Simamora, Sovia; Sagala, Christo Sumurung Tua
INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES Vol. 5 No. 2 (2024): November 2024
Publisher : Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/idj.v5i2.52294

Abstract

This research aims to examine more deeply the authority of local governments in conducting parallel diplomacy. By using a descriptive qualitative approach. The purpose of this research is to find out that Liverpool and Surabaya's cooperation in the creative industry has resulted in useful projects. Educational cooperation, urban cooperation, and port management development are some of the activities that have been implemented in the sister city agreement. The results showed that the application of pacta sunt servanda in the MOU is going well, because it has experienced many significant developments such as developments in the MSME business and the opportunity to introduce Surabaya products to the city of Liverpool. Able to encourage other local governments to carry out international agreements to build and develop a region. This cooperation is very important as an alternative to increasing income and supporting technological backwardness in the region.Keywords: Sister City, Cooperation, Pacta Sunt Servanda, International Agreement.

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