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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 91 Documents
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Digital Legal Transformation: Legal Strategies for Strengthening National Cybersecurity Febriansyah, Ferry Irawan; Ikhwan, Afiful; Firdausi, Ulya Shafa; Anggoro, Ayub Dwi
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.v5i1.357

Abstract

Digital legal transformation in Indonesia has become imperative in response to the increasingly complex and transnational nature of cybercrime. Rapid technological development has expanded opportunities for criminal activities by exploiting regulatory gaps and weaknesses in digital security systems, thereby challenging the effectiveness of existing legal frameworks. This situation demands a legal system that is adaptive, responsive, and capable of safeguarding national cybersecurity while protecting digital human rights. The objective of this study is to analyze the transformation of Indonesia’s digital legal framework in addressing cybercrime and to assess its alignment with international legal instruments. This research particularly focuses on the adequacy of regulatory arrangements and the effectiveness of institutional coordination in responding to cyber threats. This study employs a normative legal research method by examining statutory regulations related to cybercrime, with particular attention to the Electronic Information and Transactions Law (UU ITE), as well as relevant international conventions and legal standards. Legal materials are analyzed systematically to evaluate the coherence of regulations and the operationalization of Indonesia’s cybercrime response model. The findings indicate that Indonesia’s digital legal transformation is carried out through structured efforts rather than merely producing regulatory impacts. In the short term, these efforts focus on strengthening regulations, enhancing law enforcement capacity, improving digital forensic infrastructure, and standardizing digital evidence handling. In the long term, transformation emphasizes institutional integration, regulatory harmonization, and international cooperation to address transnational cybercrime. This study is original in conceptualizing digital legal transformation as a phased legal–institutional strategy. However, its normative approach limits empirical assessment of implementation effectiveness.
Social Ritual Practices as an Arena for Integration and Negotiation of Religious and Cultural Values Ikhwan, Afiful; Qomar, Mujamil; Zukhrufin, Fina Kholij; Triyuliasari, Anisah; Ismail
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.v3i3.359

Abstract

This study examines the implementation of Islamic social values ​​in the Nyadran Mbah Sutononggo culture in East Java, Indonesia. The focus of the study is directed at two main aspects: the description of the Nyadran ritual procession and the implementation of Islamic social values contained therein. This study uses a qualitative method with a phenomenological design. Data collection techniques include participatory observation, unstructured interviews, and documentation. The primary data sources used are several residents of Ngreco Village, including youth, religious leaders, academics, and village elders. Data were analyzed through three stages: data reduction, data presentation, and conclusion drawing. To ensure data validity, this study employs triangulation, encompassing credibility, transferability, dependability, and confirmability. The findings show that the Nyadran Mbah Sutononggo tradition has two implementation styles: the first is an Islamic social style characterized by the recitation of Yasin, tahlil (joint prayer), tausiyah (study of sermons), and eating together (alms); the second is a Javanese ritual style characterized by burning incense, scattering flowers, and prayers for good fortune to the ancestors. Each ritual carries a philosophical value. From an Islamic social perspective, three main dimensions are implemented: the aqidah dimension (strengthening monotheism through prayer and religious sermons), the moral dimension (silaturahmi, cooperation, and almsgiving), and the mu'amalah dimension (traditional economic activities based on mutual assistance and cooperation). This research confirms that the Nyadran tradition is not merely a traditional ritual but also a strategic means for implementing Islamic social values. However, further efforts are needed to eradicate the accompanying polytheistic practices.
Accelerating the Transformation of Religious Moderation Villages through Multi-Actor Peace Education Ecosystem Pribadi, Imam; Pajarianto, Hadi; Nasriandi; Bin Anuar, Arman; Laabed, Elhadfa
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.v5i1.360

Abstract

This study addresses ongoing challenges related to intolerance and social cohesion by examining the implementation of Peace Education within the context of Religious Moderation Villages. This study aims to (1) analyse and formulate strategies to integrate relevant and applicable peace education values in the socio-cultural context of moderate villages; and (2) detect and map the role and effectiveness of the social ecosystem in supporting the values of peace education in the daily lives of the community in a sustainable manner. Using a qualitative approach with a case study design, this study involved 150 FGD participants, with 15 key informants interviewed, consisting of religious leaders, youth, women, teachers, KUA (Religious Affairs Office) instructors, police officers, members of parliament, and village officials. Data were collected through in-depth interviews, Focus Group Discussions, and participant observation, then analysed narratively with triangulation of sources and methods. The findings suggest four strategies to accelerate the transformation of Religious Moderation Villages through Peace Education: (1) strengthening individual peace awareness; (2) strengthening family and community-based moderation values; (3) institutionalising religious and cultural values through inclusive education and village governance; and (4) strengthening cross-actor collaboration (religious leaders, cultural leaders, youth, women's groups, village government, and security/social institutional actors). These four strategies work through layered integration across formal, non-formal, and informal learning spaces and across ecosystem levels (individual, family, community, and institution), so that peaceful values become habitual and institutionally supported. Digitalisation, particularly youth engagement through tolerance narratives on social media, serves as a reinforcing mechanism that expands the reach of peace messages and strengthens cross-group interactions beyond face-to-face meetings. These findings produce a data-driven transformation map for scalable community-based peacebuilding. Peace Education serves as an effective approach in strengthening a culture of tolerance at the community level, although this research is still limited to local contexts and requires quantitative testing for broader validation.
Legalising Local Wisdom: The Bersik Kali Tradition and Community Participation in Karst River Conservation for SDG 15 Utami, Rita Bekti; Suyanto, Slamet; Suhartini; Wilujeng, Insih; Hermawan, Yudan; Mantara, Chairul Agus
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.v5i1.158

Abstract

River ecosystem degradation caused by pollution and increasing anthropogenic pressure requires culturally grounded and community-based conservation approaches. This study aims to analyse the cultural foundations and ecological functions of the Bersik Kali tradition in supporting community-based river conservation in the karst area of Goa Pindul, Bejiharjo Village, examine its role in enhancing community participation in river ecosystem protection, and assess its alignment with environmental law and SDG 15. Using a qualitative case-study design, data were collected through participant observation, in-depth interviews, and documentation analysis. Data were analysed using Miles, Huberman, and Saldana's interactive model data condensation, display, and conclusion drawing, while data validity was ensured through triangulation of techniques, sources, and time. The findings reveal that Bersik Kali serves as an effective culturally rooted mechanism for strengthening ecological awareness, participation, and shared responsibility for river conservation. Beyond improving river cleanliness, the tradition contributes to karst ecosystem functions by enhancing water infiltration, stabilising flow into underground channels, and supporting riparian vegetation recovery. Additional findings show that customary norms, social sanctions, and informal leadership play crucial roles in complementing formal environmental regulations and addressing implementation gaps in local river conservation governance in line with SDG 15. Collaboration with local government and environmental organisations further reinforces program sustainability despite persistent challenges such as waste-disposal habits, limited infrastructure, and uneven legal awareness. The study offers an original contribution by proposing a culturally grounded participatory conservation model that integrates Local Ecological Knowledge, ritual practices, ecological actions, and legal frameworks into a unified system of river and karst management. However, the study is limited to a single tradition and geographic setting, suggesting the need for comparative research across different cultural conservation practices.
Rambu Solo Funeral Tradition in Toraja: A Legal, Ethical and Economic Model for Cultural Tourism Muthoifin; Iqbal, Muhammad; Nuha; Barry, Aboubacar; Islam, Rezaul
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.v5i1.139

Abstract

The Rambu Solo funeral tradition of the Torajan people constitutes a prominent form of cultural tourism that raises unresolved normative tensions between religious law, cultural preservation, and economic development. Although extensively examined from anthropological and tourism perspectives, limited scholarly attention has been devoted to its evaluation within Islamic legal discourse, particularly regarding normative boundaries and ethical engagement in non-Islamic ritual environments. This study addresses this gap by examining Rambu Solo through a primarily normative Islamic legal framework, informed by ethical, socio-legal, and socio-economic perspectives. Employing a qualitative normative literature review, the study is grounded in the principles of usul al-fiqh and maqasid al-shariah, with socio-legal and economic aspects functioning as analytical contexts. The analysis combines textual examination of classical fiqh sources with contemporary Islamic legal scholarship and anthropological studies on Torajan culture. Legal reasoning applies juristic classification (ahkam taklifiyyah) alongside maqasid-based evaluation to assess cultural practices according to the criteria of tawhid, hurmat al-mayyit, and public interest (maslahah). The findings indicate that social and economic dimensions of Rambu Solo, including communal solidarity and local economic welfare, are normatively permissible and ethically consistent with Islamic principles. In contrast, ritual elements involving ancestral veneration or symbolic invocation of spirits exceed permissible boundaries due to conflict with Islamic monotheism. The study proposes a balanced legal–ethical model distinguishing permissible cultural participation from prohibited ritual engagement. Theoretically, this research advances Islamic legal studies by extending normative analysis to cultural tourism governance and by offering guidance for policymakers and Muslim communities developing tourism practices.
Integration of Zakat in BPJS Kesehatan Financing for People Experiencing Poverty: Opportunities and Challenges Sulistiyaningsih, Nur; Hastuti, Luthfiyah Trini; Solikhah; Harahap, Burhanudin; Luthfiah, Zeni; Fathullah, Abdusyahid Naufal; Ramadhita
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.v5i1.174

Abstract

This study examines the potential integration of zakat as an Islamic social finance instrument to support the financing of the Health Care and Social Security Agency (Badan Penyelenggara Jaminan Sosial Kesehatan/BPJS Kesehatan) for poor communities in Indonesia. It aims to analyse the normative legal framework governing this integration and to identify the opportunities and challenges associated with incorporating zakat into the national health insurance system. The research employs a normative legal approach, drawing on statutory and conceptual analyses. Primary legal materials consist of laws and regulations related to zakat and social security. This study draws secondary data from reports published by the National Zakat Collection Agency (Badan Amil Zakat Nasional/BAZNAS), the Health Care and Social Security Agency (BPJS Kesehatan), and the Central Statistics Agency (Badan Pusat Statistik/BPS). Data were collected through a literature review and analysed qualitatively and interpretively by examining relevant legal provisions, fatwas, and institutional practices concerning the use of zakat for health insurance financing. The findings indicate that zakat can serve as a complementary financing instrument to assist poor (fakir), needy (miskin), and indebted (gharimin) participants in paying BPJS Kesehatan contributions. Normatively, this integration is supported by the 1945 Constitution, the 2011 Zakat Law, the 2004 National Social Security System (Sistem Jaminan Sosial Nasional/SJSN) Law, and the 2011 BPJS Law, and is further reinforced by the Indonesian Ulama/Scholars Council (Majelis Ulama Indonesia/MUI) Fatwa No. 102 of 2025. From the perspective of maqasid al-shariah, the integration reflects the objectives of protecting life (hifz al-nafs) and protecting wealth (hifz al-mal), while also offering potential to reduce the financial burden on vulnerable communities.
Strengthening Ombudsman Authority in Recommendation Implementation: An Analysis of Public Service Accountability Dewi, Dyah Adriantini Sintha; Muhammad, Fadil; Noviasari, Dilli Trisna; Dwihantoro, Prihatin
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.v5i1.237

Abstract

Although the Ombudsman of the Republic of Indonesia (ORI) is legally authorised to supervise public services and issue recommendations to address maladministration, the implementation of those recommendations remains inconsistent, revealing a gap between their normative binding force and their practical enforceability. This study aims to analyse the normative construction and weaknesses of the legal framework governing the implementation of ORI recommendations under Law No. 37 of 2008 on the Ombudsman of the Republic of Indonesia, Law No. 25 of 2009 on Public Services, and Law No. 23 of 2014 on Regional Government, and to formulate policy directions for strengthening ORI's authority. This research employs normative juridical research using statute, conceptual, and comparative approaches. The study employs primary, secondary, and tertiary legal materials, supplemented by official Ombudsman reports, and examines them through argumentative legal reasoning and norm–implementation gap analysis. The findings show that the main weakness lies not in the absence of legal recognition of ORI recommendations, but in the weak executorial design, indirect sanction mechanisms, fragmented follow-up responsibilities, and defensive bureaucratic culture that undermine compliance. Lawrence M. Friedman's legal system theory reveals that these weaknesses arise from problems in legal substance, structure, and legal culture. At the same time, Institutional Reputation Theory shows that concerns over credibility, trust, legitimacy, and symbolic exposure also influence compliance. This study concludes that strengthening ORI requires clearer executorial follow-up mechanisms, harmonised inter-institutional responsibilities, stronger sanction activation, and reputationally responsive compliance strategies. Although limited to normative analysis, this article offers originality by integrating legal system analysis and institutional reputation to explain the enforcement gap of ORI recommendations.
Forensic Examination Timelines in Sexual Violence Cases: A Comparative Legal Study of Evidentiary Effectiveness Bakhtiar, Handar Subhandi; Bakhtiar, Handina Sulastrina; Yusup, Ahmad
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.v5i1.150

Abstract

Forensic examinations in sexual violence cases are inherently time-sensitive and play a decisive role in ensuring evidentiary effectiveness and the protection of victims’ rights. Delays in forensic examinations significantly reduce the probative value of evidence, thereby weakening the burden of proof and undermining legal certainty within criminal proceedings. In Indonesia, the absence of explicitly regulated forensic examination time limits under the Criminal Procedure Code (KUHAP) and Law No. 12 of 2022 on Sexual Violence Crimes (UU TPKS) reveals a normative gap that diminishes the effectiveness of evidence and compromises victim protection. This issue is directly relevant to the achievement of the Sustainable Development Goals (SDGs), particularly SDG 5 (Gender Equality) and SDG 16 (Peace, Justice, and Strong Institutions), as it affects access to justice and institutional accountability in handling sexual violence. This study aims to analyse the regulatory framework governing forensic examinations in sexual violence cases in Indonesia, assess the normative urgency of establishing forensic time limits, and conduct a comparative legal analysis between Indonesia and selected jurisdictions, namely the United Kingdom, the United States, Australia, and South Korea. This study employs normative (doctrinal) legal research, using a statutory approach and a comparative law approach. The analysis is based on primary legal materials, including KUHAP, UU TPKS, health regulations, and forensic standard operating procedures, supported by secondary legal doctrine and forensic guidelines. The findings indicate that the lack of binding forensic timelines in Indonesia contributes to delayed evidence collection and excessive reliance on victim testimony. In contrast, comparison countries, although similarly lacking explicit statutory limits, rely on institutional and healthcare guidelines that establish forensic examination timeframes ranging from 24 hours and 72 hours to a maximum of seven days, thereby enhancing evidentiary reliability. This study contributes original normative insights by linking forensic time regulation with legal certainty, evidentiary theory, and victim-centred justice, and proposes policy-oriented recommendations for strengthening Indonesia’s criminal justice framework.
Digital Land Certification in Indonesia: A Trilemma of Law, Tech, and Society Roesli, Mohammad; Pratiwi, Yeni Ika
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.v5i1.175

Abstract

This study examines the prospects and challenges of digitizing land certificates in Indonesia, with a focus on legal certainty within the Fourth Industrial Revolution (4IR) framework. Through a socio-legal comparative case study of three distinct regions: Jakarta (high-capacity urban), Yogyakarta (hybrid socio-cultural), and East Nusa Tenggara (low-resource rural), data were collected via semi-structured interviews (n=45). Focus Group Discussions (FGDs) (n=12 sessions), field observations, and normative legal analysis. The findings reveal a clear cross-regional pattern: Jakarta demonstrates strong gains in transparency and efficiency through blockchain pilots; Yogyakarta shows mixed outcomes shaped by digital literacy and gender dynamics; while East Nusa Tenggara experiences net exclusion due to infrastructure deficits. Digitization potential is critically hampered by three interlocking barriers: (1) legal inconsistencies (vertical conflicts within agrarian law hierarchies and horizontal misalignment between UUPA and digital transaction laws); (2) technological disparities (stark digital divide excluding rural communities); and (3) socio-economic exclusion (low digital literacy and gender-based barriers). The study reconceptualizes legal certainty as a multiplex construct, simultaneously technical, legal, and social, and offers an integrated governance-centric framework comprising legal harmonization, tiered technological rollout, and participatory design. It contributes to SDG 16 (peace, justice, and strong institutions) and SDG 9 (innovation and infrastructure).
Kashmir at the Nexus of Geopolitics: Reinterpreting Mackinder’s Heartland Theory in the Asian Security Dilemma Imširović, Mirela; Kapo, Adnan; Lohalo, Georges Olemanu; Mounnarath, Souliya; Mukhlis, Muhammad Mutawalli
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.v5i1.321

Abstract

The Kashmir issue is a long-standing international dispute with significant regional and global implications for contemporary relations, marked by episodic tensions, sovereignty questions, and humanitarian concerns. Despite decades of negotiations, sustained United Nations engagement, and bilateral dialogue, the issue remains unresolved, while the continued involvement of international regulatory systems reflects ongoing efforts to support regional stability and constructive dialogue. By revisiting Halford Mackinder’s Heartland theory, the paper highlights the strategic significance of Kashmir within the broader Asian geographical context and security dynamics. Located at the intersection of South Asia, Central Asia, and China’s western edge, Kashmir represents a crucial focal point for India and Pakistan, a condition that further contributes to the persistence and complexity of competing claims. Methodologically, the study uses a qualitative research design that combines analysis with contextual assessment. The methodological approach includes a review of classical geopolitical theory and an examination of Kashmir's strategic location between South and Central Asia. The findings highlight the enduring significance of Kashmir not only as a geographic and strategic pivot, but also as a region that exemplifies the complex interactions between regional actors and broader international dynamics. By integrating classical geopolitical insights with an understanding of contemporary strategic considerations, the paper provides a comprehensive perspective on why Kashmir continues to shape security, diplomacy, and strategic planning in Asia.

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