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INDONESIA
International Journal of Law and Society
Published by NAJAHA Education Development Cente
ISSN : 28279050     EISSN : 28279042     DOI : 10.59683
Core Subject : Humanities, Education, Social,
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
International Journal of Law and Society (IJLS) focuses on law and social studies theory and practice. It publishes articles by Indonesian and foreign authors dealing with current national and international law, legal philosophy, legal history and other law-related social science disciplines. It also contains discussions, reviews, annotations, and news from the science community. IJLS is a peer-reviewed journal and welcomes papers on topical legal and social issues.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 93 Documents
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Bridging Policy and Practice: Implementation Gaps in Law Number 14 of 2005 on Teachers and Lecturers during the Merdeka Curriculum Era Ari Kartiko; Mauhibur Rokhman; Muhammad Anas Maarif; Akhmad Sirojuddin; Sahnoza Kayadibi
International Journal of Law and Society Vol 5 No 1 (2026): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v5i1.628

Abstract

This study examines the implementation gaps in Indonesia’s Law Number 14 of 2005 on Teachers and Lecturers within the context of the Merdeka Curriculum and the rapid transformation of digital education. Despite formally recognizing teachers and lecturers as professional educators, persistent discrepancies remain between regulatory expectations and educational realities. This research employs a thematic policy document analysis of the primary legal framework, 12 implementing regulations, and 25 academic and policy documents published between 2005 and 2026. The analysis identifies four major implementation gaps: 1) the bureaucratic and inequitable nature of teacher certification and professional development systems; 2) inconsistencies in welfare distribution and legal protection mechanisms; 3) misalignment between centralized legal frameworks and the flexible orientation of the Merdeka Curriculum; and 4) regulatory limitations in addressing digital transformation, artificial intelligence, and post-pandemic educational challenges. The findings reveal that the law continues to operate within a predominantly administrative paradigm, limiting its responsiveness to contemporary educational demands. This study contributes to the literature by integrating legal analysis with contemporary educational policy transformation, while highlighting the urgent need for adaptive and future-oriented regulatory reform. The study recommends revising the existing legal framework to strengthen teacher protection, contextualize professional development, and integrate digital competencies into national education policy.
Evaluating Policy Feasibility through Maslahah Mursalah: A Socio-Legal Analysis of Mining Concessions and Organizational Readiness in Indonesia Rizka; Ridwan; Ramli; Abdul Kadir Jaelani
International Journal of Law and Society Vol 5 No 1 (2026): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v5i1.206

Abstract

This study evaluates the feasibility of granting mining concessions to religious community organizations under Government Regulation No. 25 of 2024 in Indonesia. While the policy provides legal authorization, it does not necessarily ensure institutional readiness to meet the technical, environmental, and governance demands required in the mining sector. This research applies a socio-legal approach, combined with a conceptual analytical framework grounded in regulatory demand, organizational readiness, and gap analysis. Data are derived from legal documents, organizational reports, and secondary sources to construct readiness indicators across human resources, governance, and operational capacity. The findings reveal a significant misalignment between regulatory demands and organizational capacity, particularly in technical expertise, risk management systems, and environmental compliance mechanisms. This gap indicates limited institutional readiness to implement mining activities effectively. Using Maslahah Mursalah as an evaluative framework, this study finds that potential benefits are constrained by structural capacity limitations, raising concerns about policy feasibility. This study contributes to socio-legal scholarship by integrating policy evaluation with Islamic legal reasoning through a systematic readiness framework.
Ineffectiveness of Qanun Jinayat Against Child Violence: A Normative Study in Aceh, Indonesia Muksana Pasaribu; Elwi Danil; Kurnia Warman; Irzal Rias
International Journal of Law and Society Vol 5 No 1 (2026): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v5i1.362

Abstract

Violence against children remains a persistent and escalating problem in Indonesia, particularly in Aceh Province, where Qanun Jinayat formally enforces Islamic criminal law. Despite the existence of this regional legal framework alongside the national Child Protection Law (Law No. 35 of 2014), the rate of child violence in Aceh has continued to rise, suggesting a fundamental gap between legal norms and their implementation. This study aims to analyze the effectiveness of Qanun Jinayat in handling cases of violence against children in Aceh, with specific focus on the normative discrepancy between Qanun Jinayat and the Child Protection Law in terms of sanctioning systems and law enforcement outcomes. Employing a normative legal research method with legislative and case approaches, this study analyzes primary legal materials including Qanun Aceh No. 6 of 2014 on Jinayat Law, Law No. 35 of 2014 on Child Protection, and relevant court decisions. The findings reveal that Qanun Jinayat has not been effective in reducing child violence due to a dualism of legal provisions. While sanctions under the Child Protection Law are cumulative and more severe, those under Qanun Jinayat are alternative and comparatively lighter, resulting in suboptimal deterrence. This study is limited to normative legal analysis based on legal documents and court decisions, and does not encompass field-based empirical data. Theoretically, this study contributes to the discourse on legal pluralism and the hierarchy of norms in Indonesia's special autonomy regions. Practically, the findings offer policy  recommendations for harmonizing Qanun Jinayat with national child protection standards to strengthen law enforcement in Aceh. This study provides original value by being among the first to systematically examine the normative conflict between Qanun Jinayat and the Child Protection Law, specifically in the context of child violence cases.

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