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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 97 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.
Local Kyai's Religious Elite Transformation and Governance Paradox: A Comparative Study of Indonesia and Iran Radius Setiyawan; Waode Hamsiah; Holy Ichda Wahyuni; Syahrul Ramadhan; Eka Firmansyah
International Journal of Law and Society Vol 5 No 2 (2026): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v5i2.222

Abstract

The intersection of religious authority and political power presents critical governance challenges in Muslim-majority societies, yet systematic comparative frameworks remain limited. This study examines the political agency of religious elites, kyais in Madura, Indonesia, and ulama in Iran, across two structurally distinct institutional contexts: a democratic-electoral system and a theocratic-constitutional system. Using a Most Different Systems Design (MDSD), this study treats religious elites as the primary unit of analysis, addressing cross-level comparability between Madura as a subnational region and Iran as a nation-state at the actor level rather than the systemic level. A qualitative comparative case study within an interpretivist-constructivist paradigm was employed, drawing on interviews, participant observation, FGDs, and document analysis across four regencies in Madura (November 2023–May 2024), supplemented by expert consultations for the Iranian context. Findings reveal two fundamentally divergent trajectories: Madura exhibits pragmatic-electoral engagement producing significant regional variation, while Iran demonstrates constitutional institutionalization through the Wilayat al-Faqih doctrine. Three distinct actor network configurations were identified: hierarchical-institutional (Iran), multipolar-informal (Bangkalan), and pluralistic-deliberative (Sumenep). Paradoxically, religious elite political engagement reinforces exclusive governance practices in both contexts, intensifying clientelism in Madura while generating complex dual accountability structures with limited public participation in Iran. This study proposes that governance quality under religious elite agency is mediated by institutionalization, ideological coherence, and actor network configuration, with direct relevance to SDG 16.
Recontextualizing Abdurrahman Wahid’s Rejection of Islamic-State Formalization: An Interfaith Socio-Legal Critical Discourse Analysis Kholisin; Abdul Basid; Hassan Youssef; Nur Faizin
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.v5i1.235

Abstract

Indonesia's post-Reformasi debates over religion and the state have renewed contestations over Pancasila, constitutional pluralism, and Sharia-oriented governance. This study examines how Abdurrahman Wahid's rejection of Islamic-state formalisation is linguistically constructed, circulated, and recontextualised across interfaith reception. Using socio-legal qualitative Critical Discourse Analysis (CDA), it analyses a translated transcript of Wahid's lecture and open-ended narratives from 16 interfaith respondents. The analysis follows Fairclough's textual, discursive-practice, and social-practice levels, focusing on lexis, modality, evaluation, actor representation, and power relations. The findings show that Wahid distinguishes the obligation to defend the country from the non-obligation to establish an Islamic state, authorising this position through NU deliberation, ulama authority, the Jihad Resolution, and plural national belonging. Reception narratives reveal a discursive split: respondents often reject Islamic-state formalisation while selectively endorsing punitive Sharia as justice. The study contributes to socio-legal CDA by integrating transcript evidence, contemporary interfaith reception, and power analysis. It recommends stronger legal safeguards and interfaith civic education to sustain inclusive citizenship.
Integrative Socio-Legal Model of Sexual Violence Prevention through Habonaron Do Bona Nelvitia Purba; Mella Ismelina Farma Rahayu; Khomaini; Seguito Monteiro
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.v5i1.353

Abstract

Sexual violence against women remains a persistent socio-legal problem in Indonesia despite the enactment of Law Number 12 of 2022 on Sexual Violence Crimes (UU TPKS). This study aims to analyse the implementation of the UU TPKS in Simalungun Regency and examine the role of Habonaron Do Bona in strengthening victim-centred socio-legal protection within an integrative legal framework. This study employs a socio-legal research design combining normative juridical analysis of UU TPKS, particularly Articles 66–70 on victim rights, restitution, and recovery, with empirical qualitative data obtained through interviews, field observations, and document analysis involving law enforcement officers, customary leaders, legal practitioners, and victim support actors. The findings show weak implementation of UU TPKS at the local level. Restitution mechanisms under Articles 67–70 are rarely applied, resulting in minimal compensation for victims due to procedural barriers and limited law enforcement facilitation. Victim recovery rights under Article 66 are also not effectively implemented because psychosocial and medical services remain fragmented. Informal settlement practices persist, reducing access to formal justice. Patriarchal norms, stigma, and community pressure drive low reporting rates. Empirically, Habonaron Do Bona reflects values of truth and justice but is often interpreted to prioritise social harmony over victim protection. The study’s novelty lies in empirically repositioning local wisdom within an integrative socio-legal model that connects legal pluralism with state victim protection mechanisms. The findings imply the need to strengthen restitution enforcement, integrate recovery services, and develop culturally sensitive prevention strategies. The study is limited to one region and qualitative data, suggesting the need for comparative future research.
Choice of Law for Child Custody in Indonesia’s Mixed Marriages: A Best-Interests-Anchored Cascade I Nyoman Sujana; Ni Nyoman Sri Puspadewi
International Journal of Law and Society Vol 5 No 2 (2026): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v5i2.173

Abstract

Indonesia has no codified private international law rule identifying which law governs child custody when a mixed marriage dissolves, so courts default to the lex fori. This gap converts choice-of-law questions into status-denial problems, as illustrated by the District Court of Tabanan Decision No. 375/Pdt.G/2019/PN.Tab., where the resolution of marital validity extinguished the paternal relationship altogether. This article develops a normative model to determine the applicable law governing child custody in Indonesia, anchored in the best interests of the child. Using normative (doctrinal) legal research with statute, conceptual, case, and comparative approaches, primary, secondary, and tertiary legal materials were analyzed through grammatical, systematic, teleological, and constitutional interpretation. The analysis shows that Indonesian practice conflates the preliminary question of marital validity with custody, producing outcomes that are vertically inconsistent with the 1945 Constitution and horizontally inconsistent with the Child Protection and Human Rights Laws. Because lex loci celebrationis governs only the formal validity of marriage, it cannot properly govern custody. The article proposes a Best-Interests-Anchored Cascade: custody is characterized as an autonomous connecting category; the child's habitual residence serves as the primary connecting factor; lex patriae applies only subsidiarily; and public order operates as a narrow shield that may never extinguish filiation. The model offers courts an operable decision sequence and legislators a drafting template for a future Indonesian private international law statute.

Page 10 of 10 | Total Record : 97

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