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Golden Ratio of Law and Social Policy Review (GRLSPR)
Published by Manunggal Halim Jaya
ISSN : -     EISSN : 28082923     DOI : https://doi.org/10.52970/grlspr
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Golden Ratio of Law and Social Policy Review encourages courageous and bold new ideas, focusing on contribution, theoretical, managerial, and social life implications. Golden Ratio of Law and Social Policy Review welcomes papers: Employment, and food, as well as the advantages and disadvantages of globalization from transnational and global perspectives. Gender and poverty, Governance Law Science Social policy, Social development, Social and health governance, Social welfare, Social Security Social Protection Sustainability Development Goals (SDG) The Golden Ratio of Law and Social Policy Review seeks to publish articles that address the intersections of social issues, law science, governance, politics, and policies at various levels or scales — transnational social movements and non-governmental organizations; international intergovernmental organizations, and world-regional and transregional intergovernmental institutions and groupings — using a global or transnational analytical framework. Focusing on aspects of social policy and social governance and factors of globalization and policy diffusion, broadly defined, in both contemporary and historical contexts, the journal serves academic and policy-making or advocacy audiences across the global North and South. Contributions from across all disciplines and fields of study from a wide range of theoretical and political perspectives are strongly encouraged.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 110 Documents
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Information Technology in the Implementation of Land Registration Activities: The Implementation Side Riswandar, Muhammad Rafli; Abbas, Ilham
Golden Ratio of Law and Social Policy Review Vol. 3 No. 1 (2023): July - December
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v3i1.298

Abstract

This study aims to determine how the implementation of land registration activities through information technology activities at the Regional Office of the National Land Agency of South Sulawesi Province in the Division of Determination and Registration of Rights and what factors affect land registration activities through the application of information technology at the Regional Office of the National Land Agency of South Sulawesi Province in the Division of Determination and Registration of Rights. The results of this study indicate that the implementation of land registration activities through the application of Information Technology in the Regional Office of the National Land Agency of South Sulawesi Province was implemented on Law of Information and Electronic Transactions. In addition, related to the implementation of technology utilization, of course, there are problems that are present, one of which is external factors in land registration, community factors are very influential on the smooth process of land registration activities. Without community support, community activities will not run effectively. And internal factors sociologically, every law enforcer has a position and role. The position is a container in which certain rights and obligations are contained. In order for this to work as desired, the author suggests that there needs to be more attention to communication aspects and aspects of service quality at the Regional Office of the National Land Agency of South Sulawesi Province in the Division of Determination and Registration of Rights. This is because there are still employees who do not understand the national land management information system policy well. And it is also necessary to improve the quality of service by paying attention to supporting factors in making services easier and faster. And the need for additional human resources or recruitment of new employees who are able to apply Information Technology, the need to improve the quality of a better internet network and improve/update existing hardware and application software and improve KKP applications managed by the central BPN, and the need for counseling/understanding of land registration activities to the community.
Right to Case Files in Criminal Cases in Indonesia Rahim, Abdul; Rahim, Muhammad Ibnu Fajar
Golden Ratio of Law and Social Policy Review Vol. 3 No. 1 (2023): July - December
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v3i1.305

Abstract

Indonesia, as a democratic country that prioritises human rights, pays special attention to the protection of the rights of its citizens involved in the criminal justice process. In this regard, case files are an important element in the preparation of evidence in criminal cases. However, there is a misalignment in the criminal law regarding how to access case files. Article 72 of KUHAP allows suspects to request a copy of the investigation report, while Article 143(4) of KUHAP requires the prosecutor to include the case file when submitting the case to the court. In order to ensure fairness in the criminal justice system and maintain cost-efficiency in the handling of cases, it is important to explore and clarify the right of access to case files. This paper aims to identify the ideal form of such a right in order to accommodate the needs of suspects, defendants or prisoners in properly preparing their defence in the Indonesian criminal justice process. In the Indonesian criminal justice system, case files are important documents used by suspects, defendants or prisoners to prepare a defence in a criminal case. Unfortunately, the right of access to case files, as stipulated in the Criminal Procedure Code (KUHAP), still creates confusion. Article 72 of the Criminal Procedure Code entitles the suspect to request a copy of the investigation report, while Article 143(4) of the Criminal Procedure Code requires the prosecutor to include the case file when submitting the case to the court. This paper concludes that Article 72 of the Criminal Procedure Code needs to be revised to clarify the right of access to case files. The revision proposes changing the text to read "Upon request of the suspect, accused or convict, or his/her proxy, the relevant official shall provide a copy of the derivative examination report for the purpose of their defence." Similarly, the explanation of Article 143 of KUHAP is revised to clarify that the power of attorney for the appointment of a case is the letter of appointment of the case itself complete with the indictment and case file, except for the case file provided at the request of the suspect, his attorney, or his legal counsel to the prosecutor. These changes provide a more definitive formulation while taking into account the economic approach in the criminal justice process. The right of access to case files remains protected, while the state is not burdened with the obligation to provide case files to all suspects at the prosecution stage.
Perspective on Inheritance Rights in Other Wives Fawwaz Rohmanna, Lidya; Adebayo, Adesoji Kolawole; Alam, Syamsul
Golden Ratio of Law and Social Policy Review Vol. 3 No. 1 (2023): July - December
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v3i1.327

Abstract

This research aims to investigate and understand the position of wives who marry consecutively and who are not the first wife in the perspective of heirs according to the Compilation of Islamic Law. The research method used is normative-juridical. Analysis of the research results shows that the position of other wives in polygamous marriages is equal in rights to the first wife. Joint property in a polygamous marriage is divided fairly, where the legal consequences of the inheritance of a husband who marries more than once legally are that when the husband dies, the division of joint property in his marriage is half of the joint property obtained with the first wife, and half of the joint property obtained with the second wife, each separately without any mixing of assets. Each wife in a polygamous marriage has the right to her husband's inheritance. The conclusion of this study is that there is no difference in inheritance rights between the first wife and subsequent wives, in accordance with the provisions of Religion and the Compilation of Islamic Law applicable in Indonesia. Recommendations from this research include the need for reform in the Law and incorporated in the omnibus rule of law, especially related to the distribution of inheritance in polygamous marriages, as some laws have accommodated what is implied in the Qur'an and AlHadith. The terms in the law need to be adjusted to reflect fair and balanced principles in accordance with religious values. In addition, wives in polygamous marriages need to pay attention to factors that may limit their inheritance rights and follow religious recommendations.
Legal Challenges In The Age Of Social Media: Protecting Citizens From Misuse Of Information Aka Akbar, Rivaldi; Mulyana, Aji; Amalia, Mia
Golden Ratio of Law and Social Policy Review Vol. 3 No. 1 (2023): July - December
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v3i1.328

Abstract

social media has become an integral part of everyday life, bringing about positive impacts but also posing significant legal challenges. This research delves into the legal aspects of the social media era, particularly concerning the protection of citizens from information misuse. The phenomena of spreading false information, defamation, and insults are increasingly alarming, challenging the existing legal framework. This study aims to identify and analyze the legal challenges emerging in the era of social media, focusing on the protection of citizens from information misuse. The research employs a descriptive method with a qualitative approach to identify relevant legal frameworks. The analysis techniques include document analysis, comparison, and information synthesis. The result of the study highlights weaknesses in the existing legal framework and suggests policy updates to address emerging challenges. It is hoped that this research contributes to enhancing legal protection for citizens facing the risks of information misuse in the era of social media.
Supervision of Subdistrict Heads as Temporary Deed Making Officials in the Indonesian Positive Law Perspective Saputra, Tri Eka; Rustan, Rustan
Golden Ratio of Law and Social Policy Review Vol. 3 No. 1 (2023): July - December
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v3i1.287

Abstract

This article discusses supervision of the sub-district head as an official who makes temporary land deeds who violates statutory provisions. The aim is only to provide an overview of the supervision of sub-district heads carried out by the Board of Trustees and Supervisors of officials who make land deeds. The research method used in this article is normative legal research. The results of the research illustrate that supervision by the PPAT supervisory board and supervisors in carrying out guidance and supervision of PPATS, the supervision is not yet comprehensive. This is in Ministerial Regulation Number 2 of 2018, PPAT Guidance and Supervision has not been able to answer substantively regarding the guidance and supervision by PPATS where the position of a PPATS is ex officio so that the guidance and supervision both internally and externally carried out by the National Land Agency is only functional.
The Role of Nadzir in Resolving Waqf Land Disputes Alam, Nur; Salmawati, Salmawati; Zainuddin, Zainuddin
Golden Ratio of Law and Social Policy Review Vol. 3 No. 2 (2024): January - June
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v3i2.329

Abstract

This study aims to determine and analyze the factors that cause waqf land disputes and to know and analyze the role of nadzir in defending the land, in the event of a waqf land dispute. This study uses the empirical method or directly down to the field. The location of the research was carried out at the Luwu Grand Mosque, Palopo City and North Wara KUA. The types and sources of data used are primary data and secondary data with data collection techniques obtained through interviews and literature study. The number of samples as many as 3 people, namely a Nadzir, community leaders and the Head of KUA. The data obtained were processed by qualitative analysis with a deductive approach. The results showed that Nadzir's role in defending the land, in the event of a waqf land dispute, was to protect and supervise what was entrusted to him by representing the waqf land object when sued both inside and outside the court, showing evidence of land waqf , and seeking to resolve the dispute. by deliberation. The factors that cause waqf land disputes include the lack of good communication, the absence of a waqf pledge deed, the heirs suing the waqf land, the increasingly strategic location of the land, the land object does not have legal certainty, and the endowment with a deed below. hand. The research recommendation is nadzir in an effort to defend the land, if there is a dispute over waqf land, that is, play an active role in trying to make the problem resolved by deliberation. It is resolved by deliberation will be much more effective and the disputing parties do not feel disadvantaged but the parties will feel mutually won. There are also people in general who want to endow their land, they should educate themselves or seek information related to land waqf procedures to the authorized official before waqf of land. As well as in implementing the transfer of waqf from wakif to nadzir, the legal position of the nadzir when receiving the waqf land object must be clear.
Law of Trading in Mother’s Milk Perspective of Shafi'i Mazhab In Makassar Arsy, Muhammad; Normiati, Normiati
Golden Ratio of Law and Social Policy Review Vol. 3 No. 2 (2024): January - June
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v3i2.335

Abstract

This study aims to determine the factors and analyze to find out the legal basis regarding trade in mother’s milk. And to find out the views of the schools of thought regarding the Trade of mother’s milk. This research uses normative research methods. Data collection in this study is the view of the schools of thought regarding the Trade of mother’s milk (breast feed). The results of this study indicate that Imam Hanafi and Hanbali that Trade in mother’s milk is prohibited, because mother’s milk is a part of the human body as well as blood, eyes and other body parts. In addition, mother’s milk is also not a market object that can be traded, so it is forbidden to be traded. Meanwhile, according to Iman Maliki and Imam Syafi'i, it is permissible to buy and sell mother’s milk, because mother’s milk is a sacred object and can be used for babies, and it is lawful to drink it, so it can also be traded like sheep's milk. In addition, the difference is in the sacred as a condition for the validity of the object being traded and having a sale value. Imam Maliki and Shafi'i made it sacred and useful as a condition for the validity of the object being traded. Meanwhile, according to Imam Hanafi and Hanbali that sacred objects cannot necessarily be traded, for example natural water. Likewise with breast feed.
A Comparative Legal Study: Euthanasia for Psychological Reasons Taufik Muhlisani Ihsan, Muhammad Ficqhi; Kamal, Muhammad; Aswari, Aan
Golden Ratio of Law and Social Policy Review Vol. 3 No. 2 (2024): January - June
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v3i2.341

Abstract

This research conducts a comprehensive examination of euthanasia within the legal frameworks of Indonesia and the Netherlands, aiming to elucidate the criminal liability associated with this act. Employing a normative legal research approach, the study analyzes written legal materials, including regulations, legislation, books, journals, and related legal sources, to facilitate a cross-jurisdictional comparison. The findings reveal distinctive legal perspectives in the two countries. In the Netherlands, euthanasia was initially deemed a criminal offense under penal code sections 293 and 294. However, the landscape evolved with the enactment of the Dutch Law on Termination of Life on Request and Assisted Suicide in 2001. This legislation, effective from April 1, 2002, decriminalized euthanasia under specific conditions. Conversely, in Indonesia, euthanasia, particularly active euthanasia, lacks explicit recognition in positive law. Despite the absence of clear regulations, it is generally treated as a form of murder due to its implication in ending a person's life. Examining criminal liability in Indonesia, the study identifies article 344 of the Criminal Code as the closest provision related to euthanasia. However, detailed regulations are lacking. Additionally, the medical code of ethics plays a role in shaping responsibility. Doctors violating article 7d of the medical code of ethics, which mandates the immediate protection of human life, particularly patients, may face consequences. In conclusion, this research underscores the contrasting legal stances on euthanasia in Indonesia and the Netherlands. While the Netherlands has embraced a legalized and regulated framework, Indonesia's legal landscape remains silent on the matter. The study also highlights the need for clearer legal provisions in Indonesia and emphasizes the role of medical ethics in shaping the responsibility associated with euthanasia.
Legal Issues Concerning Compulsory COVID-19 Vaccination: Nigeria as a Case Study Aidonojie, Paul Atagamen; Aidonojie, Esther Chetachukwu; Mulegi, Tom; Eregbuonye , Obieshi
Golden Ratio of Law and Social Policy Review Vol. 3 No. 2 (2024): January - June
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v3i2.349

Abstract

It is no news that COVID-19 has rendered severe havoc in the global environment. Although, various medical scientists and scholars were able to find a possible curtailment (Through vaccination) of the deadly COVID-19, however, there seems to be fear of the negative medical outcome of being vaccinated with the COVID-19 vaccine, given several claims of the potential danger. Furthermore, it suffices to state that Nigeria has also had its fair share of the COVID-19 pandemic. In this regard, to curtail the spread of COVID-19 in Nigeria, the Nigerian government sorts to make vaccination compulsory, despite the legal and medical rights of its citizens as enshrined in the constitution and judicial precedent. It is in this regard, that this study sort to adopt a hybrid method of study concerning the legal issues of compulsory vaccination in Nigeria. Concerning this, 310 questionnaires were sent to respondents residing in Nigeria. The study therefore found that there were incidences of COVID-19 in Nigeria and there are laws concerning the control of infectious disease in Nigeria. However, the study further found that it is a legal misnomer to compel an individual forcefully against his/her wishes to be vaccinated. Therefore, the study concludes and recommends that for effective vaccination against COVID-19, the Nigerian government needs to avoid forceful vaccination, but rather a wide sensitization concerning the vaccine's potency as against the negative claim concerning the COVID-19 vaccine. 
Legal Challenges in Overcoming Changes in Social Behaviour Due to the Development of Technology and Information Octaviani Suryanto, Salsa; Mulyana, Aji
Golden Ratio of Law and Social Policy Review Vol. 3 No. 2 (2024): January - June
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v3i2.359

Abstract

The development of technology and information that is spread globally, especially in Indonesia, has a significant impact on changes in social behavior in people's lives. Technological developments not only affect behavioural changes but also affect the way of interacting, acting and communicating. Although it provides convenience for society and has a positive side that can help humans in all matters and fields, technology and information also pose serious legal challenges related to changes in social behaviour that occur in society, such as violations of privacy, freedom of speech and the spread of fake news. The research method used in this article is descriptive qualitative, literature study and reflection method. Data were collected through literature studies, articles, and legislation related to information technology. Therefore, this article aims to identify legal challenges that arise due to the development of information technology that causes changes in individual behaviour. So as to overcome these challenges, improvements and adjustments to laws relevant to the current technological era are needed such as the protection of privacy rights or personal data must be strengthened through strict regulations, law enforcement related to fake news needs to be improved and moral decline must also be addressed. The association between the government and legal bodies must work together to overcome the challenges that occur and maintain a balance between technological progress, legal protection and law enforcement. It is hoped that this article will provide a better understanding of the legal challenges faced due to the growing flow of technology, and provide awareness to each individual to understand in depth the negative impact of information technology.

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