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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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The Role of Land Banks in the Customary Land Management Rights of Customary Law Community Units Nur, Sri Susyanti; Polontoh, Herry M.; Anggraaeni, Andi Evi; Kahar
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.v4i1.189

Abstract

Management rights are a form of authority granted by the state to certain parties to manage land. This authority is part of the state's power over land, which is partially transferred to the holder of management rights. Land that can be managed through this right can come from state land or customary land. One of the authorities of Management Rights over state land is the Land Bank, while the Customary Law Community Unity/KMHA provides Management Rights over customary land. Customary Land is a regional property right that is under the governance of the customary law community, whose existence continues to exist but is not bound by certain land rights. These lands can be given Cultivation Rights, Building Rights, and Usage Rights to third parties who cooperate based on the Land Utilization Agreement. Management Rights over state land by the Land Bank have been regulated in the Job Creation Law. However, Management Rights over customary land have not been further regulated after the administration and registration of customary land. This can weaken the existence of KMHA and its customary land because the nature of Management Rights is the right of control from the state so that the land has the status of state land to cooperate with third parties. This research is a normative research, using a legislative and conceptual approach, then analyzed qualitatively and presented descriptively. The results of the study indicate that: Land Banks based on government functions can act as; Dynamizers, Facilitators, and Capacitors in assisting KMHA in managing Customary Land Management Rights. Through land development activities, Land Banks can carry out the function of managing customary land assets. These activities are designed to increase the utilization and use of land that can meet the needs of life and business activities in terms of economics, social, and physical. Thus, Land Banks can later cooperate with third parties to support investment. The mission of the land bank is to secure the availability of land without sacrificing customary land rights for the benefit of the Customary Law Community.
Legal Regulation of National Security in Ukraine: Strategies and Challenges Honcharuk, Vladyslav; Karpenko, Mykola; Prytula, Anatolii; Fierieva, Natalia; Andrushko, Oleksandr
International Journal of Law and Society Vol 4 No 2 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i2.167

Abstract

This article aims to analyse the key challenges facing the legal regulation of Ukraine’s national security sector amidst Russian aggression, to identify current strategies for national security formation, and to develop key recommendations for optimising the regulatory and legal framework. This research is a qualitative study with a systematic approach.The PRISMA approach was utilised for the collection of academic literature. Applying inclusion and exclusion criteria, 44 relevant academic publications were retained. The collected material was processed using comparison, systematisation, and analysis methods. The study shows that Russia's aggression against Ukraine has exposed significant weaknesses in the national and international security systems, prompting Ukraine to reform its legal framework and security strategy, including harmonization with NATO and EU standards. Key challenges identified include cyber threats, the migration crisis, and hybrid threats such as propaganda and foreign intelligence activities. The study emphasizes the need for updating national legislation, improving interagency coordination, and integrating the experiences of other countries such as the United Kingdom, the United States, and Poland. Key recommendations include optimizing the legal framework through international standards, civil society participation, and global strategic partnerships to ensure Ukraine's adaptive and effective national security. The originality of the paper lies in the analysis of modern challenges and prospects for the legal regulation of national security of Ukraine in the context of Euro-Atlantic integration and global transformations of the security environment. The limitations of the study are related to the dynamism of the regulatory framework and rapid changes in the field of cybersecurity, which requires further research to adapt the legal field to new threats.
Islamic, Pancasila, and Constitutional Approaches to Green Financial Crime in Indonesia Thani, Shira; Syahrin, Alvi; Thaib, Hasballah; Ekaputra, M.
International Journal of Law and Society Vol 4 No 2 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i2.190

Abstract

Green This research explores the normative, ethical, and constitutional foundations necessary for addressing green financial crime in Indonesia through an integrated framework that combines Islamic jurisprudence, Pancasila values, and constitutional environmental mandates. While financial misconduct causing ecological harm, such as the misuse of climate funds or carbon trading fraud, continues to escalate, Indonesia's environmental legal framework lacks clear definitions and effective enforcement mechanisms to address such crimes adequately. This study employs a normative legal research method, incorporating statutory, conceptual, comparative, and futuristic approaches, supported by content analysis to examine existing regulations' limitations and alternative normative systems' potential contributions. Islamic legal principles such as ʿadl, maṣlaḥah, mīzān, and sadd al-dharīʿah offer a moral foundation for establishing ecologically responsible financial governance. At the same time, Pancasila affirms a justice-based model rooted in national ideology. Furthermore, constitutional guarantees of the right to a healthy environment remain under-enforced due to legal fragmentation and institutional barriers. This research advocates for a value-based reform model that frames environmental protection as an administrative task and a multidimensional ethical obligation grounded in religious, philosophical, and constitutional perspectives. It proposes a framework for more accountable, sustainable, and spiritually rooted environmental governance in Indonesia.
Basel Accords and Islamic Banking Regulation: A Bibliometric Analysis of Sharia, Governance, and Capital Adequacy Elbanna, Mariam; Muthoifin; Nirwana, Andri; Isman
International Journal of Law and Society Vol 4 No 2 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i2.191

Abstract

This study conducts a bibliometric analysis of research addressing the intersection between the Basel Accords and Islamic banking. Using data extracted from the Scopus database covering 2015 to 2024, 1,149 relevant documents were analyzed. A modified PRISMA framework was applied not to assess content quality, but to guide the structured identification, screening, and inclusion of relevant publications, enhancing transparency and reproducibility in the selection process. The analysis used VOSviewer software (v1.6.19) to identify key trends, thematic clusters, and scholarly networks through co-citation, keyword mapping, and co-authorship analysis. The results show that 62% of the literature focuses on Basel III, while only 12% addresses Basel IV, highlighting a lack of academic engagement with the latest regulatory developments. Thematic analysis revealed three dominant research clusters: the impact of Basel III on capital adequacy in Islamic banks,  challenges related to aligning Basel standards with Sharia principles, and the integration of liquidity risk and financial stability within Islamic financial institutions. Malaysia and Indonesia emerged as leading contributors to this field, with a notable rise in publication output from 2020 to 2022, producing over 500 articles. This growth may reflect increased regulatory interest in financial resilience and Islamic finance during and after Covid-19. The study also identifies gaps in the literature, particularly regarding legal harmonization and practical implementation of Basel standards in Sharia-compliant contexts. By mapping the academic landscape, this research offers insights into current trends and future directions, supporting scholars, regulators, and financial institutions.
Asia’s Strategic Role in Global Supply Chain Resilience: Insights for Inclusive Global IR Frameworks Amid the Russia–Ukraine Conflict Kunkunrat
International Journal of Law and Society Vol 4 No 2 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i2.279

Abstract

This study is motivated by the dominance of Western narratives in analysing the impact of the Russia–Ukraine war on global supply chains, which often overlooks the strategic role of Asian countries in maintaining economic stability. The purpose of this research is to examine Asia's contributions to global supply chain resilience and to assess how Global International Relations (IR) frameworks can incorporate Asian perspectives for a more balanced understanding. Employing a qualitative descriptive approach, primary data were collected through semi-structured interviews with international relations experts, industry practitioners, and economic analysts, alongside observations of regional and global policy forums such as APEC and the World Economic Forum on Asia. In contrast, secondary data were obtained from academic journals, international reports, and current news sources. The findings indicate that Asian states have strategically mitigated disruptions by diversifying energy and material sources, coordinating regionally on food security, and participating in multilateral platforms, demonstrating pragmatism and strategic autonomy while contributing to SDG 8 (Decent Work & Economic Growth), SDG 9 (Industry, Innovation & Infrastructure), SDG 12 (Responsible Consumption & Production), and SDG 17 (Partnerships for the Goals). The study concludes that Asia acts as a normative actor in Global IR, balancing economic interests, national sovereignty, and multilateral cooperation. Limitations include a focus on major Asian economies and ASEAN, potential subjectivity in interviews, and limited access to strategic documents. Nevertheless, the research offers practical implications for policymakers and international organisations by highlighting Asia's proactive role in fostering resilient, inclusive supply chains. It presents original value by challenging Western-centric assumptions, providing updated empirical evidence of non-Western approaches to global economic governance.
Integrating Policy, Public Opinion, and Sundanese Values for Effective Public Leadership and Good Governance Bekti, Herijanto; Pancasilawan, Ramadhan; Komara, Syifa Rachmania; Achmad, Willya
International Journal of Law and Society Vol 4 No 2 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i2.288

Abstract

Effective public leadership is pivotal for achieving transparent, accountable, and responsive governance. This study examines the process of public leadership in implementing good governance in West Java Province by exploring the interplay of policy innovation, public opinion, and local Sundanese cultural values. Employing a qualitative case study approach across several administrative regions, data were collected through in-depth interviews, observations, and document analysis. This study finds that effective public leadership in West Java emerges from the dynamic integration of policy innovation, public opinion, and Sundanese cultural values, which collectively enhance transparency, accountability, and participatory governance. Leaders who internalise cultural principles like “Parigeuing, Dasa Pasanta, and Silih Asih” implement innovative and responsive governance mechanisms and achieve higher public trust and more sustainable policy outcomes. Effective public leadership in a culturally rich context like West Java requires a hybrid model that combines technical governance skills with cultural literacy, ethical practices, and citizen engagement to achieve good governance. Nevertheless, the research provides valuable insights for policymakers, public administrators, and scholars on culturally grounded, innovative, and citizen-centred governance strategies. Originality lies in combining the analysis of policy innovation, public opinion, and indigenous cultural values to understand effective public leadership in a specific Indonesian context, highlighting a modern, participatory, and locally rooted governance model.
Toward a Responsive Legal Framework: Addressing Transaction Security Risks in Indonesia’s Digital Banking Services Haykal, Hassanain
International Journal of Law and Society Vol 4 No 2 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i2.290

Abstract

This study analyses the types and characteristics of these risks and evaluates the effectiveness of legal protection for consumers. Using a normative legal approach, this study focuses on Law No. 10/1998 concerning Banking, Law No. 8/1999 concerning Consumer Protection, Law No. 11/2008 as amended by Law No. 19/2016 concerning Electronic Information and Transactions, Law No. 27/2022 concerning Personal Data Protection, and OJK Regulation No. 12/POJK.03/2021 concerning Commercial Banks. Legal materials are classified into primary sources (laws, regulations, court decisions), secondary sources (books, journals, scientific commentaries), and tertiary sources (dictionaries, encyclopedias) and are collected through documentary studies. Qualitative normative analysis using grammatical, systematic, teleological, and sociological legal interpretations examines the effectiveness of regulations in protecting digital banking customers. The research findings indicate that although Indonesia has a comprehensive legal framework, its enforcement is hampered by overlapping mandates, unclear technical standards, weak interagency coordination, and limited consumer digital literacy. To address these gaps, this study proposes the Integrated Risk Responsive Approach (URRA), which integrates legal clarity, technical protections, and consumer empowerment into a harmonised governance model. The URRA provides preventive, adaptive, and restorative mechanisms that enhance public trust and system resilience. This study theoretically contributes by offering an integrated consumer protection model and guiding regulators and banks toward a coordinated, consumer-centric strategy. Limitations include reliance on normative and secondary data, highlighting the need for future empirical validation and cross-jurisdictional studies to test the implementation and effectiveness of the URRA in the rapidly evolving digital banking environment.
Uruguay's Energy Transition and Intergenerational Justice in the Framework of Ecological Jurisprudence Edor, Edor John; Ncha, Gabriel Bubu; Etta, Robert Bikom; Odey, Elizabeth Akpanke; Eneji, Gabriel Ajor; Ellah, Timothy Ogbang; Effiong, Eke Nta
International Journal of Law and Society Vol 4 No 2 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i2.114

Abstract

The global transition from fossil fuels to renewable energy is one of the most pressing environmental and social challenges of the 21st century. From an ecological jurisprudential perspective, this process is closely linked to the principle of intergenerational justice, which requires states to guarantee the environmental rights of future generations. This study aims at two things: first, to provide a critical legal analysis of Uruguay's fossil fuel transition within the framework of intergenerational justice; and second, to develop a replicable analytical model for assessing energy transitions in developing and middle-income countries, with implications for global debates on sustainability, ecological ethics, and intergenerational equity. The research method uses an interpretive qualitative paradigm with a case study design in Uruguay, through semi-structured interviews, non-participant observation, and analysis of legal-policy documents, accompanied by data triangulation and thematic analysis. The results reveal two main findings. First, there is a tension between substantive success, nearly 98% of Uruguay's electricity is based on renewable energy and normative weakness in the absence of explicit protection of the rights of future generations in the legal framework. This indicates a strong de facto sustainability but a fragile de jure one heavily dependent on political commitment. Second, this research produces the IEJET (Intergenerational Ecological Justice Energy Transition) Model, which assesses the energy transition through four stages: national context, legal framework, substantive-normative dimensions, and the principle of intergenerational justice. The research's limitation lies in its focus on the electricity sector, thus under-exploring aspects of transportation, industry, and global political economy. Consequently, the technical success of the energy transition is insufficient without strengthening laws, institutions, and intergenerational participation. An original contribution of this research is developing the IEJET conceptual framework as an evaluation tool that strengthens the discourse of global ecological justice.
Sui Generis Geographical Indications: Reforming Indonesia’s Intellectual Property Rights for Agricultural Protection Nurani, Nina; Apriwandi; Hafied Noor Bagja
International Journal of Law and Society Vol 4 No 2 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i2.344

Abstract

Geographical Indications (GI) are agricultural products of high economic value that play an important role in Indonesia's economic development. However, the potential for rights abuse requires protection through adequate Intellectual Property Rights (IPR) regulations. This study aims to analyse international regulations related to GI, evaluate the implementation of GI protection in the Trademark Law for agricultural IPR products in Indonesia, and formulate an effective sui generis IPR regime model to protect agricultural products while supporting national economic development. The study uses a normative juridical approach with a comparative analysis of international and national regulations and a study of IPR and GI theory to formulate a comprehensive regime model. The research findings show that international regulations through Paris, Madrid, Lisbon, and TRIPs provide the basis for GI protection. However, sui generis models such as the European Union or India are more suitable for Indonesia because they can protect cultural diversity and agricultural products while supporting economic development. Second, implementing GI in the Trademark Law in Indonesia is inadequate due to registration disparities, weak quality and reputation maintenance mechanisms, and complaint-based law enforcement, so specific and compelling sui generis regulations are needed. Third, an adequate sui generis IPR regime model is structured around five pillars: simple, participatory digital registration, product quality and reputation standards, collective rights protection, proactive law enforcement through general offences, and integration into national economic development strategies, with philosophical, legal, and sociological foundations. The study concludes that a sui generis IPR regime can enhance agricultural GI protection and support sustainable economic development. The study's limitations relate to the lack of empirical implementation in the field. The research's implications guide regulators in developing a more effective GI regime. The research's originality value lies in integrating international and local perspectives to build a comprehensive sui generis IPR regime for agricultural products in Indonesia.
Digital Literacy and Positive Bystander Intervention in Preventing Adolescent Cyberbullying Hamzah, Radja Erland; Putri, Citra Eka; Saifulloh, Muhammad; Pranawukir, Iswahyu
International Journal of Law and Society Vol 4 No 2 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i2.172

Abstract

The rapid growth of internet technology and social media penetration in Indonesia increases the risk of cyberbullying among adolescents. Therefore, digital literacy-based interventions and positive bystander empowerment are needed to build a safe and empathetic digital culture. This study aims to design a digital literacy-based communication model for positive bystander interventions in preventing cyberbullying among adolescents in Jakarta, West Java, and North Sumatra, taking into account variations in digital exposure and sociocultural contexts. The research method used a naturalistic qualitative approach with a descriptive case study, collecting primary data through observation, in-depth interviews, and Focus Group Discussions (FGDs), as well as secondary data from documentation and literature. The FGD results indicate that digital literacy is key to shaping adolescents' proactive attitudes. In Medan, participants who had not previously received digital literacy training demonstrated high enthusiasm, awareness of social media, and courage to oppose cyberbullying in line with Batak cultural values. In Depok, participants acknowledged the importance of digital literacy, but limited parental and teacher supervision limited their involvement. In Jakarta, adolescents were more rationally mature, but apathy, urban behavior, and minimal community supervision limited the implementation of interventions. Overall, digital literacy improved adolescents' ability to assess information, understand ethical consequences, and act constructively in the face of cyberbullying. The research yielded an interactive communication model that positions adolescents as active participants, strengthens ethical skills and courage, and encourages engagement with peers, families, schools, and digital platforms to create a proactive cyberbullying prevention ecosystem. Future research is recommended to test the model's effectiveness on a larger scale and conduct longitudinal evaluations of online prosocial behavior.

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