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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 82 Documents
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Ethical Governance in Public Service: A Comparative Study of Hadaya al-‘Ummal in Islamic Law and Gratification in Indonesian Law H, Rajab; Paee, Rokiah; Thalhah; Nurdin, Rustina
International Journal of Law and Society Vol 3 No 3 (2024): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v3i3.120

Abstract

Corruption continues to undermine governance, economic growth, and public trust in Indonesia. This study compares the Islamic concept of Hadaya al-’Ummal which strictly prohibits public officials from accepting any gifts that might compromise their integrity with the Indonesian legal framework on gratification, which permits gift acceptance provided that such benefits are reported within a specified period. Employing a qualitative comparative analysis grounded in Principal-Agent theory, the research examines five dimensions: the definition of gift-giving, the scope of recipients, legal sanctions, reporting mechanisms, and the handling of gifts. Data were collected from classical Islamic texts, legislative documents, and recent empirical studies to offer a comprehensive perspective on how ethical principles and legal measures interact in the context of corruption control. The findings reveal that Hadaya al-’Ummal offers a clear ethical guideline rooted in Islamic teachings, yet its informal enforcement limits its practicality in modern public institutions. In contrast, while the Indonesian legal framework provides explicit sanctions and formal reporting channels, its broad definitions and cultural nuances result in ambiguities and inconsistent application. High-profile cases have highlighted these challenges and underscored the need for clearer definitions and more effective oversight. The study argues that an integrated approach that refines legal definitions improves reporting systems and promotes comprehensive bureaucratic reforms while maintaining ethical accountability is essential to reduce corruption. These insights have important implications for developing anti-corruption strategies that enhance transparency, accountability, and ultimately, public trust.
Comparative Legal Analysis of Stunning Methods in Halal Animal Slaughter Between Muslim-Majority and Muslim-Minority Countries Kurniawan, Adityo Wiwit; Alam, Azhar; Yuspin, Wardah; Rizka
International Journal of Law and Society Vol 4 No 1 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i1.103

Abstract

The global halal industry is growing rapidly, driven by the growth of the Muslim population and increasing demand for products that meet sharia standards and animal welfare. One of the central issues in this industry is the method of stunning in the slaughter of halal animals, which has sparked debate between sharia principles and modern animal welfare standards. This study conducts a comparative legal analysis of stunning methods in halal animal slaughter between majority Muslim countries (Indonesia, Malaysia, and Saudi Arabia) and minority Muslim countries (the United Kingdom, the United States, and Australia). The results show that Muslim-majority countries generally accept stunning methods with strict conditions in accordance with Sharia principles, such as MUI Fatwa No. 12/2009 and Malaysian Halal standards, which permit stunning as long as the animal remains alive during slaughter. Conversely, Muslim-minority countries require stunning to meet international animal welfare standards, although they grant exceptions for ritual halal slaughter in the interest of religious freedom. The study also revealed differences in fatwas, such as Aceh's ban on all forms of stunning, which is deemed contrary to the principle of ihsan and increases animal suffering. These regulatory differences reflect the challenges of harmonizing Sharia principles with modern animal welfare standards and global market demands. Therefore, interdisciplinary dialogue between religious scholars, scientists, and halal industry stakeholders is essential to develop evidence-based stunning standards, operator training, and consumer education to support the sustainable and globally trusted modernization of the halal industry.
Intellectual Property Law in the Age of Artificial Intelligence: Legal Challenges and Regulatory Perspectives Popov, Viktor; Popova, Sofiia; Zlakoman, Ihor; Kolomiiets, Serhii; Petrova, Nataliia
International Journal of Law and Society Vol 4 No 1 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i1.133

Abstract

The study's relevance is stipulated by the rapid development of artificial intelligence (AI) and the need to adapt legal regulation in intellectual property to modern technological challenges. The absence of a unified approach to determining authorship and protecting rights to objects created by AI creates legal uncertainty and hinders innovation development. The study aims to analyse the existing approaches to regulating intellectual property rights created by AI and develop recommendations for improving the legislation. The object of the study is the legal acts and doctrinal approaches to the regulation of rights to the results of AI activities. This research uses a multidisciplinary approach by combining comparative legal methods, content analysis, historical, structural-system, forecasting, and empirical analysis. This approach allows for an in-depth analysis of intellectual property regulations in the context of artificial intelligence in various jurisdictions and the preparation of data-based policy recommendations and future projections. The study results showed a significant fragmentation of AI regulation in different jurisdictions. It analyses the models used in the USA, EU, China, UK, and other countries, identifying their strengths and weaknesses. Recommendations on harmonizing international standards and adapting the Berne Convention and the TRIPS Agreement to modern technological conditions are proposed. The practical significance of the work is to form the basis for the development of universal legal mechanisms that will help protect intellectual property rights created by AI and stimulate innovative development. The findings can be used to improve legislation at the national and international levels.
Analyzing Social Services for Child Victims of Violence: A Case from Malang, Indonesia Sukmana, Oman; Ibrahim, Fadli Erwan; Nugroho, Agung; Sulatsri; Sukmana, Erinda Dwimagistri; Wahyudi
International Journal of Law and Society Vol 4 No 1 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i1.135

Abstract

The phenomenon of child maltreatment, including physical, sexual, social violence, emotional abuse, or neglect towards children in Indonesia, tends to increase. Child victims of maltreatment will experience various psychosocial problems, requiring assistance and social welfare services. This study aims to analyze the forms of social welfare service programs for child victims of maltreatment in Malang City. The research approach uses a qualitative method and the research subjects were purposively determined, specifically employees of the Office of Women's Empowerment and Child Protection in Malang City. Data collection techniques were carried out through observation, interviews, and documentation. Data analysis techniques followed the stages of qualitative data processing, which include Data Collection, Data Display, Data Condensation, and Conclusion and Verification. The results indicate that forms of violence against children include physical violence, psychological violence, sexual abuse, maltreatment, and neglect or abandonment. Meanwhile, the social welfare service programs for child victims of maltreatment include social assistance in the form of psychological support and consultation, social support (social aid) in the form of goods, and social protection in the form of social advocacy.
The Practice of Paneta Mawinne in The Sumbanese Tribe of East Nusa Tenggara Perspective of Islamic Law Muthoifin; Al-Gifari; Afiyah, Ishmah; Geraldine, Edwards; Affandi, Muchammad Taufiq
International Journal of Law and Society Vol 3 No 3 (2024): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v3i3.138

Abstract

This research aims to explore the phenomenon of forced marriage, particularly the practice of Paneta Mawinne or arrest marriage, among the Sumba tribe in East Nusa Tenggara, Indonesia. The study specifically examines this practice through the lens of Islamic law, analyzing whether such cultural customs align with or contradict Islamic legal principles. The research adopts a qualitative approach using secondary data collected through literature reviews from credible sources. Data were gathered over several months from academic journal articles, online news outlets, and social media platforms, including relevant videos that document the practice. The analysis focuses on Islamic jurisprudence regarding marriage, which emphasizes mutual consent, justice, and the absence of coercion. Findings indicate that Paneta Mawinne involves significant elements of force and lack of consent, especially on the part of the bride, which is fundamentally incompatible with the principles upheld in Islamic law. Islamic teachings require the voluntary agreement of both parties in a marriage contract, making any form of coercion a violation of Sharia. The originality of this study lies in its intersectional analysis, combining anthropological insights with Islamic legal evaluation to assess a localized cultural practice. By highlighting the contradiction between local customs and Islamic values, this research contributes to broader discussions on cultural relativism, religious norms, and human rights. Ultimately, it calls for greater awareness and legal clarity to ensure that traditional practices do not undermine individual autonomy and religious ethics in Muslim communities.
Legal Framework Analysis of Islamic Religious Education Policy Implementation Tobroni; Abu Bakar, M. Yunus; Firmansyah, Eka; Abdeljelil, Moncef Ben
International Journal of Law and Society Vol 3 No 3 (2024): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v3i3.143

Abstract

This study examines the harmonization of national legal frameworks with the Islamic education system at Al-Istiqamah Modern Islamic Boarding School Ngatabaru using a comprehensive juridical-empirical case study methodology. Employing a qualitative approach, the research systematically explored the intricate relationship between national education regulations and institutional practices through a multi-method data collection strategy. The research methodology employed three primary techniques: in-depth interviews with diverse stakeholders (school leadership, teachers, administrative staff, education supervisors, and student representatives), extensive document analysis of national education regulations and internal school policies, and comprehensive field observations. This approach captured nuanced perspectives on policy implementation and provided a structured framework for understanding legal and institutional dynamics. Findings revealed a sophisticated approach to harmonizing national legal frameworks with Islamic educational systems. The boarding school achieved 83% compliance with national education standards through strategic curriculum integration, with an innovative quality assurance system driving educational improvements. This was evidenced by a 15% increase in national examination scores and an 85% stakeholder satisfaction rate. The study identified critical policy harmonization challenges, including learning time allocation, evaluation system alignment, and teacher competency development. The boarding school responded with adaptive strategies featuring an integrated learning system and targeted teacher professional development programs. The research's significance is highlighted by graduate performance outcomes, with 80% accessing prestigious universities and 75% entering the workforce within one year of graduation. This provides a comprehensive analysis of educational policy implementation in modern Islamic boarding school contexts.
Legal Review of Inclusive Education Policy: A Systematic Literature Review 2015-2025 Kartiko, Ari; Arif, Muhamad; Rokhman, Mauhibur; Ma’arif, Muhammad Anas; Aprilianto, Andika
International Journal of Law and Society Vol 4 No 1 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i1.152

Abstract

Inclusive quality education is essential for national development, aligning with Indonesia's goal to educate intelligent, responsible, and noble citizens without discrimination. Binding legal regulations become the basis for implementing inclusive education that is fair and without prejudice. As for these two research questions: how are the legal rules governing inclusive education in Indonesia and other countries? What are the challenges of implementing inclusive education in Indonesia? Using the systematic literature review research method, with keywords in Indonesian and English, "inclusive education policy" AND "law", and "inclusive education policy" AND "law" AND "Indonesia" in the 2015-2025 period. The researcher obtained the results of 68 articles that were appropriate and complete "full paper", with the final details; articles from Scopus 19 and Google Scholar 49 total of 68 articles. The results of the study show that in terms of legal regulations, inclusive education in Indonesia is much clearer and more binding than in Japan, Malaysia, Vietnam, and Myanmar, only losing to Finland, which is much better in terms of law and implementation. However, Indonesia still has several challenges in implementing inclusive education, such as limited human resources, the need to provide collaboration space for teachers, government and parents, minimal facilities and infrastructure and weak supervision and evaluation. Theoretical implications of clear and binding inclusive education legal regulations start from the definition, rights, obligations, monitoring systems, and sanctions if violations are found compared to other countries.
Factors and Proposals for Improving the Efficiency of the Enforcement of Judicial Decisions in Ukraine Zhukevych, Ihor; Dzikovskyi, Maksym; Kiriushyn, Dmytro; Koziar, Roman; Korniienko, Petro
International Journal of Law and Society Vol 4 No 1 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i1.157

Abstract

This study aims to analyse the primary factors limiting the efficiency of judicial decision enforcement in Ukraine, identify the key determinants, and propose measures to enhance this process. The methodological foundation of the research used an analysis of regulatory legal acts and scientific literature. Academic sources were selected following the PRISMA method, which made it possible to attract the most relevant scientific literature (47 publications). The findings highlight that the failure to enforce judicial decisions in Ukraine is a multifaceted issue requiring further resolution. Specific challenges include economic constraints, inconsistencies in accessing data from various databases and registers, corruption-related matters, and the disproportion between state and private executors. Proposals for improvement include updating government programmes for the compensation of judicial debts and amending regulations on the sale of state property by lifting moratoriums on such sales. It is also proposed to increase the state’s share to 75% and restructure existing debts. Another potential measure involves increasing the number of private executors, granting them broader powers, and improving their access to state information. The methodology explicitly prioritised studies published in English to facilitate additional critique and analysis within the multinational research community, which tends to engage more actively with English-language publications. The conclusions emphasise that the current situation regarding the non-enforcement of judicial decisions requires further comprehensive reforms, particularly in the existing legislative framework. A promising area for further research is the analysis of foreign practices that can be applied to Ukrainian realities.
Disparity in Parliamentary Power in the Formation of Laws in Indonesia: Considering Proportional Bicameralism Mukhlis, Muhammad Mutawalli; Arowosaiye, Yusuf Ibrahim; Masum, Ahmad; Paidi, Zulhilmi Bin; Maskun
International Journal of Law and Society Vol 4 No 1 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i1.160

Abstract

This research aims to investigate the issues encountered by parliamentary institutions in Indonesia, focusing specifically on the disproportionate power of the first chamber the (Dewan Perwakilan Rakyat / DPR) People’s Representative Council, relative to the second chamber, the (Dewan Perwakilan Daerah / DPD) Regional Representative Council throughout the legislative process. This research presents normative-conceptual proposals for a reconstruction formula aimed at equilibrating the legislative functions of the two chambers, in alignment with the principles of balanced or robust bicameralism. This study utilises a doctrinal legal research framework, involving the analysis of primary and secondary legal sources in the literature. This study incorporates constitutional, theoretical, and statutory/normative techniques. This study applies a general qualitative descriptive analysis technique, focusing on interpreting legal texts and normative content in a structured manner to identify patterns, meanings, and implications in the legislative relationship between DPR and DPD. The research findings reveal that the legislative authority of the two chambers (DPD & DPR) in legislation making, as delineated in the 1945 Constitution of the Republic of Indonesia and statutory rules, remains disproportionate. This results from the DPD's limited authority to propose draft legislation and discuss proposals without final approval. The DPD continues to be acknowledged as a co-legislator or supplementary power in the legislative process, unlike the unrestricted authority of the DPR. Therefore, the relationship between the two chambers as representative entities must be redefined based on robust or equitable bicameralism. To execute rebuilding plans, it is essential to amend several parts of the Constitution and revise other legislative rules. The two chambers are expected to collaborate and meet the ambitions of both national and local governments to produce high-quality legal documents; however, this study is limited in scope to normative and doctrinal analysis, and further empirical research is needed to assess practical implementation.
Right to Privacy in the Development of Digital Technologies Rustamovich, Bekov Ikhtiyor; Khoshim ugli, Madiev Fakhriddin; Al-Fatih, Sholahuddin
International Journal of Law and Society Vol 4 No 1 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i1.171

Abstract

This article analyzes the legal concept and nature of the right to privacy in the context of rapid digital technology development. The study focuses on how constitutional and legal frameworks regulate privacy rights amid digitalization, with particular attention to Uzbekistan’s legal system. Through comparative legal analysis, the research examines legislation and policy documents from countries with advanced digital infrastructures, such as the United States, European Union member states, and Japan. These jurisdictions offer diverse approaches to safeguarding personal data and privacy in the digital environment, which are used to identify similarities, differences, and best practices that may be adapted in Uzbekistan. The primary objective of this study is to formulate recommendations and legal improvements to strengthen the constitutional and legal foundations for protecting the right to privacy in Uzbekistan. The research tasks include analyzing the conceptual and normative nature of the right to privacy, assessing the constitutional guarantees of personal data protection in digital spaces, and proposing appropriate legal mechanisms for enhancing privacy safeguards. The study’s subject matter encompasses theoretical perspectives, relevant national and international legislation, and scientific-legal interpretations concerning privacy rights in digital contexts. This research highlights the urgent need for a more comprehensive legal framework that reflects the realities of technological progress while preserving individual rights. An original contribution of the study is the formulation of author-defined legal concepts such as “right to freedom and private life” and “personal data,” along with identification of privacy’s core legal traits: non-interference and legal protection. These insights aim to inform both legal theory and practical policy reform in Uzbekistan.

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