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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 84 Documents
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The Partij Akta Principle vs. Legal Precedent: How Divergent Interpretations in Indonesian Courts Create Uncertainty in Land Dispute Resolution Nurbaedah; Hayeemaming, Marwan
International Journal of Law and Society Vol 4 No 3 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i3.131

Abstract

Land disputes in Indonesia continue to pose significant challenges due to structural judicial inconsistencies, overlapping statutory and customary claims, and institutional weaknesses, generating legal uncertainty that undermines equitable land governance and social stability. This study critically examines doctrinal divergences between the Kediri District Court and East Java High Court decisions. It develops policy recommendations to harmonize procedural and substantive justice, including the potential integration of customary law into formal dispute resolution mechanisms. Using a qualitative doctrinal legal research design with descriptive-analytical methods, the study analyzes primary and secondary legal materials through documentary and content analysis, supported by comparative and interpretative approaches to contextualize judicial divergence within Indonesia's broader legal and social framework. The findings reveal a fundamental judicial divergence: the lower court emphasized substantive legal certainty based on prior rulings. In contrast, the appellate court prioritized procedural rigor under the Partij Akta principle, resulting in inconsistent outcomes despite identical factual circumstances. This contrast illustrates the structural tension between legal certainty and procedural fairness, highlighting systemic challenges in Indonesia’s civil law system. The study concludes that resolving land disputes requires an integrated approach combining judicial specialization, harmonized evidentiary standards, and coordinated institutional mechanisms to achieve predictable, equitable, and socially responsive governance. Academically, it offers a conceptual framework for understanding judicial divergence. At the same time, practically, it provides concrete recommendations, including specialized land courts, strengthened mediation pathways, and improved coordination between judicial and land administration bodies. Limitations include the focus on a limited number of cases and the doctrinal emphasis, which does not empirically track reform implementation. Future research should assess the effectiveness of proposed reforms, examine comparative cases in pluralistic legal systems, and explore long-term impacts on investment, social stability, and equitable land governance.
Guaranteeing Human Rights in Wartime: Directions for Modernization Mykolaiets, Anatolii; Pavlichenko , Iryna; Kozakevych , Olesia; Koban, Olha; Puzyrna, Nataliia
International Journal of Law and Society Vol 4 No 3 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i3.132

Abstract

This study aims to conduct an in-depth analysis of national and international aspects of human rights protection in wartime. The article updates the protection of human rights within the framework of the modern concept of comprehensive formation of effective counteraction to external and internal threats. The study examines the main functions of state bodies in ensuring the safety of the civilian population during martial law. The article examines the effectiveness of modern methods of regulating the human rights protection system, based on a risk-oriented approach to minimizing the consequences of wartime, identifying threats and preventing risks. It is substantiated that the priority in the implementation of national security should be the protection of geopolitical interests from the point of view of state and territorial integrity, protecting the independence of the state, guaranteeing high-quality and safe living conditions for citizens, as well as protecting their rights. An extensive analysis is conducted potential of existing international legal institutions regarding guarantees of protection. The article emphasizes the need to develop and implement international legal norms that guarantee the rigidity of the sanctions policy against the aggressor. The article proves that reliable protection of human rights requires ensuring the appropriate social prerequisites of unity and consensus between legal subjects at all levels. The originality of the study lies in the combination of theoretical and applied aspects of legal regulation and the provision of policy-oriented recommendations for legislators and international institutions. The results obtained can be used to develop a universal legal mechanism that will protect human rights in crisis geopolitical conditions . The conclusions come from case studies and primary legal analysis . A limitation of the study is the lack of practical cases of the implementation of new norms, which requires further empirical study of their implementation in different legal systems.
The Presidential Threshold Dilemma: Constitutional Legitimacy Versus Democratic Erosion in Indonesia Amiruddin; Mislia; Mateu, William
International Journal of Law and Society Vol 4 No 3 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i3.140

Abstract

The background of this research stems from the tension that arises between the formal legitimacy of the presidential threshold and its impact on substantive representation of the people. This research examines the presidential threshold in Indonesia's 2024 simultaneous general elections with the main objectives: (a) to analyse its constitutional basis explicitly and (b) to evaluate its impact on political representation and democratic inclusiveness. The method employed is a normative juridical approach, which involves analysing primary legal materials, including the 1945 Constitution, particularly Article 6A, Law No. 7 of 2017 concerning General Elections, and related decisions of the Constitutional Court. The research findings reveal a crucial dilemma: first, although the threshold has a legitimate legal basis and is a valid legislative policy, its legitimacy is formalistic in nature. Second, its implementation substantially reduces political representation; the 2019 Election data show that parties representing 34.2% of the popular vote cannot participate in the presidential contest, resulting in forced joining coalitions that are often at odds with the aspirations of their constituents. This situation erodes popular sovereignty and contradicts the Pancasila value of social justice, exposing a fundamental tension between the legal form and substance of democracy. The originality of this research lies in its systematic presentation of this representation gap and its normative contribution, proposing a new threshold model of 10–15% to balance political stability with democratic inclusiveness. The implications are practical for policymakers and the General Elections Commission (KPU), as well as theoretical for the global discourse on electoral system design in developing democracies. A limitation of this research is its normative nature, necessitating further empirical studies on voter behaviour and the impact of digital campaigns.
The Kada Tominaa in Toraja Rituals Using Metaphorical Expression Analysis Baan, Anastasia; Allo, Markus Deli Girik; Patak, Andi Anto; Zita, Cris T.; Asrifan, Andi
International Journal of Law and Society Vol 4 No 3 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i3.207

Abstract

Kada Tominaa (Ethics Advice) is a distinctive form of Toraja oral literature expressed in ritual contexts, especially in Rambu Solo’ (funeral) and Rambu Tuka' (thanksgiving). It serves as both ritual poetry and a cultural medium that conveys ethical teachings, cosmological beliefs, and communal values across generations. This research employed a qualitative descriptive approach to analyse the literary expressions of Kada Tominaa. Data were collected from ritual speeches delivered by traditional speakers (Tominaa) and supported by interpretations from community elders. The analysis focused on specialised vocabulary, metaphorical meanings, and sociocultural functions embedded in ritual discourse. The study reveals that Kada Tominaa employs specialised vocabulary rarely used in daily Toraja conversation, including Ombo’ (born), Kombong Mentolino (becoming human), Tangkean Suru’ (family prayers), and Tibaen Passoeanna (let him go there). These terms carry layered metaphorical meanings, symbolising the interconnectedness of life and death, human responsibility, communal solidarity, gratitude, leadership, and spiritual continuity. The vocabulary serves as a cultural repository, preserving ancestral wisdom while reinforcing Torajan identity and social cohesion. The findings highlight that Kada Tominaa is more than ceremonial speech; it is a vital medium of cultural continuity that integrates language, metaphor, and ritual performance. By embodying ethical principles and cosmological perspectives, Kada Tominaa sustains the Toraja worldview and ensures the transmission of traditions across generations.
How Reyog Dadak Lar Pitik Can Induce Rain? A Study on the Mysticism of the Customary Ceremony for Rain Invocation Yasri, Hayyun Lathifaty; Sari, Ulfi Andrian; Azharotunnafi; Nulinnaja, Ratna; Nasith, Ali
International Journal of Law and Society Vol 4 No 3 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i3.101

Abstract

Reyog Dadak Lar Pitik in Sidowayah Village, Krebet District, Ponorogo Regency is a form of local adaptation of the Ponorogo Reyog art, which is adapted to the socio-economic conditions of the local community. Limited access to primary materials such as peacock feathers and tiger skins has encouraged the community to utilise chicken feathers, which are abundantly available in the region, as the primary raw material. More than just an artistic performance, Reyog Dadak Lar Pitik is an important element in traditional rain-seeking rituals that are steeped in mystical values, unlike other Reyog variants. This study aims to uncover the mystical dimensions contained in the history of the birth of the belief that Reyog Dadak Lar Pitik can bring rain and its performances in traditional rain-seeking ceremonies, both before, during, and after the performance. The approach used is a qualitative approach with a phenomenological method. The theoretical framework used includes Max Weber's theory of charisma and spiritual leadership as well as Claude Lévi-Strauss's structuralist theory. Informants in this study consisted of the village head, the head of the Reyog Dadak Lar Pitik association, and several members of the association. The research results indicate mystical practices through a series of rituals such as genduri (gathering), the presentation of offerings as a symbol of a request for safety, the assignment of a specific jathil role to men, and the performance of lampah dodok (a kind of ritual offering) and offerings in the cemetery area as a form of respect for ancestors and spiritual powers. This study faces limitations due to the researchers' limited direct observation of the rituals, as the community performed the ceremonies only during periods of prolonged drought.
Determinant of Social Cohesion: Ethnographic Studies of Minority-Majority Relations in the Jombang Community, Indonesia Abidin, Achmad Anwar
International Journal of Law and Society Vol 4 No 3 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i3.141

Abstract

This study explores the drivers of social cohesion in Jombang, Indonesia, with a particular focus on how minority-majority relations contribute to the region's capacity to serve as a model of peaceful coexistence in a diverse and post-conflict environment. The study aims to identify and analyse the socio-cultural factors underlying cohesion, emphasising the management of diversity as both a challenge and an opportunity for community resilience. Using a qualitative ethnographic methodology, data were collected through in-depth observation, interviews, and document analysis. The findings highlight four key drivers: the historical context of the arrival and development of religion, the role of family dynamics, group perspectives on religious understanding, and the influence of leadership as key factors in shaping social cohesion in the Jombang community. The study concludes that social cohesion in Jombang is not simply a product of cultural diversity but is actively maintained through shared historical narratives, intergenerational values, and inclusive leadership. However, this study is limited by its focus on a single geographic region, which may limit the generalizability of the findings. Nonetheless, this study offers practical implications by demonstrating how local cohesion strategies can inform policymaking, conflict resolution, and community development in other communities, as well as promote peaceful, just, and inclusive societies, as mandated by SDG 16 (Peace, Justice, and Strong Institutions). The study's originality lies in its ethnographic lens, which reveals nuanced mechanisms of cohesion, providing both academic value and practical lessons for strengthening intergroup harmony in plural contexts.
Redenomination of the Indonesian Rupiah: A Legal-Policy Analysis from a Maqāṣid Perspective Nur, Iffatin; Puspitasari, Reni Dwi; Hadisiswati, Indri; Nur Ilmas, Divia Nur Alan
International Journal of Law and Society Vol 4 No 3 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i3.155

Abstract

This article examines the proposed redenomination of the Indonesian Rupiah through a normative–conceptual legal-policy analysis informed by the Maqāṣid al-Sharīʿah framework. The study evaluates the legal foundations, philosophical justification, and policy implications of redenomination within Indonesia’s current macroeconomic and institutional context. Drawing on primary legal materials such as Law No. 7 of 2011 on Currency, Bank Indonesia regulations, and Ministry of Finance instruments alongside doctrinal writings and legal-philosophical scholarship, the research integrates doctrinal interpretation, legal-policy analysis, and maqāṣid reasoning. The findings indicate that redenomination is normatively grounded in constitutional mandates to ensure currency sovereignty and monetary stability. It enhances transactional efficiency, supports price transparency, and strengthens currency credibility when implemented under stable macroeconomic conditions. From the Maqāṣid framework, redenomination aligns with ḥifẓ al-māl (protection of wealth), al-ʿadālah (justice), and maṣlaḥah (public welfare). This study contributes an interdisciplinary framework bridging legal doctrine, public policy, and Islamic legal philosophy. Limitations arise from reliance on secondary sources, indicating the need for empirical and comparative research.
Regulating Digital Privacy and Surveillance in Ukraine: Legal Gaps and Harmonization with EU Standards in the Age of Big Data Demydova, Liudmyla; Serohin, Vitalii; Yaroshevska, Tamara; Tumalavičius, Vladas; Hordiyuk, Serhii
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.v5i1.168

Abstract

The article examines the key legal principles for ensuring the right to digital privacy in Ukraine within the framework of the Law of Ukraine “On Digital Content and Digital Services”. The purpose of the study is to: 1) identify the legal provisions and limitations of this Law regarding the right to digital privacy; 2) indicate the challenges and opportunities in the field of ensuring digital privacy; 3) assess the compliance of Ukrainian regulation with international standards; 4) develop recommendations for strengthening legal mechanisms; 5) contribute to the achievement of Sustainable Development Goal No. 16. The research methodology involves the use of a qualitative case study, which includes document analysis and 14  interviews with experts. The data were thematically analyzed using NVivo. The results indicated that the Law regulates civil-legal relations between providers and consumers of digital services, but does not contain adequate guarantees against data misuse and third-party surveillance. Challenges include unclear terminology, lack of effective control mechanisms. Opportunities lie in bringing the legislation closer to the GDPR and implementing the “privacy by design” principle. The proposed recommendations consist of strengthening liability for violations, limiting data exchange, legally enshrining anonymity, and innovation-oriented reforms in accordance with international standards. The study contributes to the achievement of SDG 16 by developing transparent and rights-based institutions. Limitations relate to the qualitative nature of the sample and the analysis of national acts. The scientific novelty lies in the systematic combination of Ukrainian digital privacy regulation with international standards and sustainable development goals.
Religious Literacy as a Mediator in the Ecosystem Model of Religious Moderation Towards Youth's Tolerance Attitudes Pajarianto, Hadi; Pribadi, Imam; Yusuf, Muhammad; Sulaeman; Sari, Puspa; Liu, Ming Chou; Sari, Harmita
International Journal of Law and Society Vol 4 No 3 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i3.236

Abstract

The essence of religious moderation lies in transforming the perspectives and attitudes of religious groups toward diversity, rather than moderating the religion itself. This study aims to pinpoint and explore how the ecosystem of religious moderation shapes youth tolerance through religious literacy. The research was conducted in three regions of Indonesia: the western, central, and eastern areas. A total of 350 informants were selected proportionally. Using a mixed-methods approach, the study embraced an exploratory sequential design that integrates qualitative and quantitative methods. Quantitative data were analyzed using Structural Equation Modeling, while qualitative data were examined thematically. The findings indicate that the Religious Moderation Ecosystem (X1)—which consists of six components: society, education, religion, politics, the state, and the media—significantly influences youth tolerance (Y). Another key finding indicates that religious literacy functions as a mediating variable (Z) between the ecosystem and youth tolerance. The significance of religious literacy as a mediator constitutes the study’s novelty, demonstrating its ability to link the religious moderation ecosystem with tolerant attitudes among young people. These results carry both theoretical and practical implications, highlighting substantial direct and interceded relationships among the ecosystem, religious literacy, and tolerance. Furthermore, religious literacy is capable of mediating all elements of the religious moderation ecosystem in shaping tolerance, marking it as a novel contribution compared to prior research. This study is limited by the restricted number of respondents, which does not fully represent all regions. Therefore, future studies are recommended to explore the ecosystem of religious moderation with a more proportionate distribution of regions, respondents, and informants.
Eco-Centric Legal Integration for Environmental Monitoring in Nusantara Capital City (NCC) and Putrajaya Istislam; Ningtyas, Anindita Purnama; Rifan, Mohamad; Supaat, Dina Imam; Paramitha, Amelia Ayu
International Journal of Law and Society Vol 4 No 3 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i3.295

Abstract

The urgency of this research lies in the substantive gap between the idealised eco-centric legal framework and the reality of development oversight and land cover monitoring in the Nusantara Capital City (NCC), which still lags behind the integrated model of Putrajaya. Therefore, a comparative analysis is needed to strengthen smart city-based and eco-centric environmental governance. The objective of this research is to produce a comparative legal analysis between Indonesia (NCC) and Malaysia (Putrajaya) regarding the development oversight and land cover monitoring model to strengthen the legal framework and environmental governance of NCC. This study uses a normative-juridical approach through a statute approach and legal comparison by analysing primary, secondary, and tertiary legal materials deductively and comparatively-analogically to assess regulatory coherence, institutional integration, and environmental monitoring architecture. The results show that NCC regulations are normatively aligned with the principles of eco-centric environmental law, but their implementation is weak due to fragmentation of authority, lack of integration of customary law, and ineffective coordination. The digital monitoring system remains fragmented and not yet interoperable, in contrast to Putrajaya, which displays institutional consolidation and integrated predictive monitoring. The study's conclusions confirm that the NCC's eco-centric alignment remains declarative and requires an Eco-centric–Legal Integration Framework encompassing regulatory consolidation, institutional restructuring, integration of AI-based real-time monitoring, and institutionalisation of public participation. The study's limitations lie in the lack of long-term implementation data. These findings have implications for strengthening the NCC's legal design and offer an original, comprehensive eco-centric legal integration model for the Indonesian smart city context.

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