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Legal Studies Journal
Published by Universitas Nurul Jadid
ISSN : 27973522     EISSN : 27976386)     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Legal Studies Journal (P-ISSN: 2797-3522, E-ISSN: 2797-6386) is a journal managed by the Law Study Program at Nurul Jadid University which is published twice a year, in March and September. The Legal Studies Journal is a forum and means of scientific publication for academics, researchers, and practitioners in the field of law in publishing research results and conceptual review articles. The scopes of this Legal Studies Journal study are; Private Law, Penal Law, Constitutional Law, State Administrative Law, Economic Law, Environmental Law, Human Rights Law and other legal fields.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
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Search results for , issue "Vol 5, No 1 (2025): Maret" : 6 Documents clear
EFEKTIVITAS PENEGAKAN HAK ASASI MANUSIA DALAM HUKUM POSITIF INDONESIA Darmawati, Darmawati
Legal Studies Journal Vol 5, No 1 (2025): Maret
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/lsj.v5i1.10920

Abstract

The enforcement of human rights is a fundamental aspect of a democratic state that upholds the principles of justice and the welfare of its citizens. In Indonesia, human rights are guaranteed by the 1945 Constitution and various laws and regulations, but their implementation in practice faces numerous challenges. The aim of this research is to analyze the implementation of human rights enforcement within Indonesia's positive law, focusing on the obstacles, challenges, and efforts made by the state and relevant institutions. The methodology used in this study is a qualitative approach with descriptive analysis that explores the applicable regulations, law enforcement mechanisms, and human rights violations occurring in Indonesia. This study finds that although Indonesia has various legal instruments to protect human rights, these instruments are hindered by several factors, including inconsistencies between laws and practices in this area, weak law enforcement, and the ongoing occurrence of human rights violations. It is clear that the enforcement of human rights continues to be obstructed by widespread discrimination and impunity within the legal system. The study concludes that to create a better environment for the enforcement of human rights in Indonesia, improvements are needed in the legal system, the enhancement of law enforcement agencies' capacities, and an increase in public awareness and participation.
IMPLEMENTASI PUTUSAN PENGADILAN HAM DALAM KASUS TRISAKTI: TANTANGAN DAN PELUANG BAGI PENEGAKAN KEADILAN TRANSISI Fauziyah, Sa’adah
Legal Studies Journal Vol 5, No 1 (2025): Maret
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/lsj.v5i1.10921

Abstract

This study examines the implementation of human rights court decisions in the Trisakti case, highlighting significant challenges and opportunities for achieving transitional justice. The Trisakti incident, marked by mass student protests against Suharto's authoritarian regime, involved severe human rights violations, including unlawful shootings and repression of dissent. Despite the legal framework established by Law No. 26/2000 on Human Rights Courts, the implementation of court decisions remains riddled with obstacles, such as legal ambiguities, lack of cooperation from military authorities, and inadequate investigation processes. This study emphasizes the need for a collaborative approach involving the government, civil society, and international organizations to ensure justice for the victims and their families. Furthermore, it underscores the importance of educating law enforcement officials about human rights issues to foster a culture of respect for human rights in Indonesia. Ultimately, this research advocates for collective responsibility among all elements of society to realize transitional justice and uphold the rule of law.
PERNIKAHAN DINI DALAM PERSPEKTIF HUKUM DI INDONESIA: TANTANGAN DAN PENCEGAHANNYA Putri, Nadita Felisa
Legal Studies Journal Vol 5, No 1 (2025): Maret
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/lsj.v5i1.10916

Abstract

Early marriage is still a phenomenon that is difficult to eliminate in Indonesia even though there are stricter regulations. This study aims to analyze the challenges faced in preventing early marriage and its impact on individuals and society. With a normative legal approach, this study examines the applicable legal policies and examines the challenges of their implementation. The results of the study indicate that although Law Number 16 of 2019 has increased the age limit for marriage to 19 years, there are still legal loopholes in the form of dispensations that allow early marriage to continue to occur. In addition, social, economic, cultural factors, and lack of public awareness are still the main obstacles in preventing early marriage. Government efforts such as socialization, data collection, and supervision of the KUA still need to be strengthened with stricter sanctions and a community-based approach so that prevention is more effective. Therefore, a more comprehensive strategy is needed that not only emphasizes the legal aspect, but also involves public education and improving economic welfare to reduce the number of early marriages in Indonesia.
PERLINDUNGAN DAN PENEGAKAN HAM DALAM KASUS PELECEHAN SEKSUAL DI INDONESIA Karomah, Lailatul
Legal Studies Journal Vol 5, No 1 (2025): Maret
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/lsj.v5i1.10917

Abstract

Violence against women in Indonesia is still a complex and systematic problem, covering various aspects of life such as family, education, work, social, and politics. Gender inequality rooted in patriarchal culture causes women to be in a more vulnerable position to various forms of violence, whether physical, sexual, psychological, or economic. Gender stereotypes that place women in a subordinate position further exacerbate this condition. Therefore, this research aims to analyse the factors that cause violence against women, the forms of violence that occur, and the effectiveness of legal protection that has been implemented in Indonesia. This research uses a normative juridical method with a legislative approach and case studies to identify weaknesses in the legal protection system for victims. The results show that although there are various national and international legal instruments to protect women, policy implementation still faces various obstacles, including weak law enforcement and low public awareness. As a recommendation, it is necessary to strengthen legal policies that are more pro-victim, increase socialisation of women's rights, and public education to remove social norms that justify gender-based violence. With these steps, it is hoped that the protection of women can be optimised and justice can be realised.
KESENJANGAN GENDER DALAM PEMENUHAN HAK ASASI MANUSIA DI INDONESIA: FAKTOR PENYEBAB DAN SOLUSI Sultona, Saihoh
Legal Studies Journal Vol 5, No 1 (2025): Maret
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/lsj.v5i1.10918

Abstract

The gender gap in access to and fulfillment of human rights (HAM) in Indonesia is a significant issue that continues to grow and hinders women's full participation in society. Even though Indonesia has a constitution that guarantees gender equality, patriarchal social and cultural norms still limit women's freedom and opportunities in various sectors, including education, economics, politics and legal protection. Discrimination which takes the form of wage inequality, gender-based violence, and limited access to education and health prevents women from achieving independence and prosperity. Therefore, it is important to implement legal reforms, improve gender equality education, and create more inclusive policies. This research aims to identify forms of gender inequality and the factors that cause them, through literature reviews and normative legal research techniques. The results of this research show that cultural, economic, educational, legal and political factors play a major role in exacerbating gender inequality in Indonesia, and an integrated solution is needed to overcome this problem.
PERILAKU KEKERASAN TERHADAP ANAK DALAM PERSPEKTIF HUKUM KELUARGA ISLAM FAKTOR PENYEBAB, DAMPAK PSIKOLOGIS, DAN UPAYA PENANGGULANGAN Suryantoro, Dwi Dasa
Legal Studies Journal Vol 5, No 1 (2025): Maret
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/lsj.v5i1.13114

Abstract

 ABSTRACT This study aims to analyze violent behavior against children from the perspective of Islamic family law by examining the causative factors, psychological impacts, and efforts to overcome them through positive legal instruments and Islamic values. The research method used is a qualitative approach with literature study techniques, where the author examines various written sources, such as books, scientific articles, and legal regulations related to child protection. The data obtained were analyzed descriptive-analytically with a normative juridical approach to uncover the relationship between the factors that cause violence against children, the psychological impact it causes, and the relevant coping mechanisms. The results of the study show that violence against children is caused by complex individual, family and social factors, and negatively impacts children's physical, emotional, and psychological development. In terms of positive law, regulations in Indonesia have provided quite comprehensive protection, although their implementation still faces cultural barriers and weak law enforcement. Meanwhile, in Islamic family law, children are seen as the mandate of Allah SWT that must be cared for and treated with affection, so that violence in parenting cannot be justified. The recommendations of this study emphasize the importance of synergy between positive legal instruments and Islamic values in building a complete child protection system, by involving families, communities, and the state collaboratively. Keywords: Violence against children, Islamic family law, child protection, causative factors, countermeasures 

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