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Asian Journal of Social and Humanities
Published by Pelopor Publikasi Akademika
ISSN : -     EISSN : 29634946     DOI : https://doi.org/10.59888/ajosh
Core Subject : Science, Education, Social,
Decision Sciences, Operations Research & Management Earth & Planetary Sciences Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice
Asian Journal of Social and Humanities is a scientific journal in the form of research and can be accessed openly. This journal is published once bimonthly by Beritrust Publisher. Asian Journal of Social and Humanities provides a means for ongoing discussion of relevant issues that fall within the focus and scope of the journal that can be empirically examined. The journal publishes original research articles in Social and Humanities. Social Sciences: covers a broad range of disciplines including Cultural Studies, Engineering, Health, Agriculture, Political Science, Communication, Economics, Law, and Education that are included in the social context. Humanities: covers a broad range of topics in ancient and modern languages, literature, philosophy, history, archaeology, anthropology, human geography, law, religion, and art. The articles published are derived from critical and comprehensive research, studies, or scientific studies on important and current issues or reviews of scientific books.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 1,216 Documents
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Analysis of Court Decision on The Burden of Proof as A Legal Requirement for Divorce, based on The Civil Code and The Compilation of Islamic Law Andi Dedi Wijaya; Indah Kusuma Wardhani
Asian Journal of Social and Humanities Vol. 4 No. 8 (2026): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v4i8.723

Abstract

Marital life between husband and wife does not always go smoothly; couples experience numerous obstacles that drive them to opt for divorce. This situation also affects Catholic couples, many of whom choose to file for divorce through state courts even though the Catholic Church forbids and does not recognize divorce. The normative juridical research method with a case study approach utilizing primary, secondary, and tertiary legal materials is the research methodology employed. The application of the burden of proof in divorce proceedings, as well as the perspectives of positive law and the Catholic Church regarding the legitimate requirements for divorce, are the research issues investigated. The findings demonstrate that the judge's reasoning in the ruling — which states that the plaintiff must prove the grounds for divorce as outlined in Article 163 HIR — is satisfied by written evidence and two witnesses who attest that the Catholic couple seeking a divorce has, in fact, not lived together for an extended period. Positive law views divorce as a right of married couples, in contrast to Catholicism, which regards marriage as sacred and indissoluble and holds that a Catholic marriage can only be dissolved by death. In other words, if one of the Catholic parties remarries after the state court has dissolved the first marriage, the Catholic Church still considers the prior marriage to be valid and the new marriage to be invalid, classifying it as adultery.
Reconstruction of The Definition of An Advocate in The Criminal Justice System based on Certain Qualification Standards Hamka Ferynando; Natsir Asnawi
Asian Journal of Social and Humanities Vol. 4 No. 9 (2026): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v4i9.724

Abstract

Amendments to the regulations in Law Number 20 of 2025 concerning the Criminal Procedure Code raise fundamental issues regarding the definition of an advocate, particularly as formulated in Article 1, number 22, which expands the scope of legal service providers beyond professional advocates. This expansion creates a dualism between advocates, who are a profession with specific qualification standards, and non-professionals who are allowed to provide legal services. This situation creates disharmony with Law Number 18 of 2003 concerning Advocates. It has implications for legal uncertainty, degradation of professionalism, and the potential weakening of the protection of suspects' rights in the criminal justice system. This study aims to analyze the normative weaknesses in the definition of an advocate and to formulate a legal reconstruction that guarantees the certainty of qualification standards. The method used is a normative juridical approach, with statutory and conceptual analysis, as well as qualitative analysis through legal interpretation. The research findings indicate that expanding the definition of an advocate without clear qualifications risks obscuring the legitimacy of the advocacy profession as an officium nobile and weakening its function as a counterweight to state power. Legal reconstruction is needed through reaffirming advocacy as a qualification-based profession, strictly separating it from non-advocate legal aid providers, and harmonizing the provisions in the New Criminal Procedure Code (KUHAP) with the Advocates Law. This approach is expected to maintain a balance between access to legal aid and ensuring the quality of defense, thereby realizing a just and integrity-based criminal justice system.
Measuring Deliberation within Indonesia’s Representative Institutions: ARoadmap for Public Aspiration Management by the MPR RI Mohammad Reza; Indah Kusuma Wardhani
Asian Journal of Social and Humanities Vol. 4 No. 9 (2026): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v4i9.725

Abstract

This article examines the compatibility of implementing deliberative democracy in Indonesia through a comparative constitutional analysis that draws on normative-juridical and empirical-comparative studies, positioning deliberative democracy as the main analytical framework while critically engaging with Mouffe's agonistic perspective and Dryzek's discursive perspective. This article analyzes the gap between the ideal of deliberation and the institutional reality of the MPR, DPR, and DPD as representative institutions in Indonesia. Comparative studies with models from Ireland, Germany, and Nordic countries are guided by the strict tertium comparation is criteria regarding the level of institutionalization of deliberation, the mechanism of coupling with legislative institutions, and the capacity to produce legitimate policy outputs. The findings indicate that Indonesia has significant deliberative cultural roots through deliberation and consensus, but these cultural values contain internal tensions that have the potential to hinder authentic deliberation if not carefully designed. Based on this analysis, this article proposes a roadmap for managing public aspirations by the People’s Consultative Assembly (MPR RI), which includes regulatory reform, institutional repositioning, the development of ideal mechanisms, and the anticipation of potential challenges, while also accounting for the inherent risk of elite capture within deliberative institutional frameworks.
Environmental Law Updates for Combating Urban Air Pollution fromTransportation Emissions Based on Green Constitution Principles Andhika Laksamana Putra; Hidayati Hidayati
Asian Journal of Social and Humanities Vol. 4 No. 9 (2026): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v4i9.726

Abstract

This study aims to analyze and reconstruct the law governing the control of urban air pollution from transportation emissions in Indonesia, based on Green Constitution principles. The main problem lies in the weakness of normative regulations and the low effectiveness of law enforcement, despite the constitutional guarantee of the right to a good and healthy environment in Article 28H paragraph (1) and the principle of sustainable development in Article 33 paragraph (4) of the 1945 Constitution of the Republic of Indonesia. This study uses a normative juridical method with a legislative and conceptual approach, analyzing Law Number 32 of 2009 concerning Environmental Protection and Management and its amendments in Law Number 6 of 2023, as well as regulations related to motor vehicle emissions. The results of the study indicate a gap between legal norms and their implementation, characterized by regulatory fragmentation, weak sanctions, and low public compliance with emission tests. Therefore, integrative and transformational legal reform is needed by strengthening state and corporate responsibility, reforming the sanctions system, implementing environmental economic instruments, and utilizing technology for emissions monitoring. This reform is expected to achieve effective and ecologically just environmental protection in accordance with the principles of the Green Constitution.
Legal Politics of the Recognition of Indigenous Customary Land Rights in West Papua After the Constitutional Court Ruling on Customary Forests Jandrie Sembiring; Rahayu Subekti; Rosita Candrakirana
Asian Journal of Social and Humanities Vol. 4 No. 9 (2026): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v4i9.727

Abstract

The recognition of indigenous people’s customary land rights in Indonesia remains a persistent legal and political issue, particularly in regions where customary law continues to function as a living normative order, such as West Papua. A major constitutional development occurred through Constitutional Court Decision No. 35/PUU-X/2012, which affirmed that customary forests are no longer part of state forests, thereby strengthening the legal position of indigenous peoples over their traditional territories. However, this juridical progress has not automatically resulted in effective recognition and protection at the administrative level. This study examined the legal politics underlying the recognition of customary land rights in West Papua in the aftermath of the Constitutional Court’s decision. Using a socio-legal approach combined with doctrinal legal analysis, this paper explores the tension between normative recognition and empirical implementation in land administration practices. The study finds that the post-decision legal framework still reflects a state-centric orientation, in which recognition of indigenous rights remains dependent upon bureaucratic validation, fragmented regulation, and formal governmental determination of indigenous communities. In West Papua, these challenges are intensified by legal pluralism, overlapping regulatory regimes, and the absence of adaptive mechanisms for communal land registration. This paper argues that the existing legal politics has not yet fully moved from symbolic recognition toward substantive justice. Therefore, a reconstruction of legal policy is necessary, integrating legal pluralism, participatory mapping, and institutional recognition of customary authorities within the national land administration system.
Optimizing The Recovery of State Loss Assets Through an AdministrativeCompensation Mechanism Supriyonohadi Supriyonohadi; Lego Karjoko; Waluyo Waluyo
Asian Journal of Social and Humanities Vol. 4 No. 9 (2026): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v4i9.728

Abstract

The settlement of losses in criminal justice proceedings may, in theory, serve as an ultimum remedium capable of delivering a sense of justice, legal certainty, and benefits to society and the state. Nevertheless, the regulatory framework in the field of state finance also provides law-enforcement instruments within the domain of public financial law, particularly an administrative compensation mechanism that can optimize the recovery of state losses alongside criminal sanctions. Based on data from the Audit Board of Indonesia (BPK) Semester II 2025 Summary of Audit Results, state losses were recorded at IDR 71.57 trillion, while the Corruption Eradication Commission (KPK) recovered only IDR 2.54 trillion over the 2020-2024 period, and the Attorney General's Office recovered IDR 24.72 billion in 2025, indicating a significant recovery gap. The research method employed was normative legal research, based on a literature review of theories and regulations in the fields of state financial law and administrative law. This study finds that the administrative compensation mechanism offers five advantages over criminal proceedings: final and binding decisions (reducing lengthy litigation), liability extended to heirs (maximizing recovery), no subsidiary custodial substitution (unlike criminal judgments), responsible parties remain productive (able to earn income for repayment), and criminal verdicts do not eliminate administrative claim authority. When properly implemented, this administrative compensation mechanism can enhance the recovery of state losses.
The Contribution of Regular Transportation Services, Government Subsidies, and the Optimization of Leverage and Liquidity in Enhancing Profitability for the Sustainability of Perum Damri Ramdhani Agung Sukirno; Pudji Astuty; Sugiyanto Sugiyanto
Asian Journal of Social and Humanities Vol. 4 No. 9 (2026): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v4i9.729

Abstract

Perum DAMRI, a State-Owned Enterprise (SOE) in the transportation sector, faces the challenge of balancing public service obligations (PSO) with financial sustainability. Empirical conditions indicate a high dependence on regular transportation revenue and government subsidies, alongside a relatively high leverage structure and vulnerable liquidity position. Ideally, the company is expected to achieve sustainable profitability with a sound financial structure. This discrepancy forms the basis for analyzing the determinants of profitability. This study aims to examine the simultaneous and partial effects of regular transportation revenue, government subsidies, leverage (Debt to Equity Ratio/DER), and liquidity (Current Ratio/CR) on profitability (Return on Assets/ROA). A quantitative approach with an explanatory method is employed using monthly time series data over an eight-year period (2017–2024), sourced from the audited financial and annual reports of Perum DAMRI. Data were analyzed using multiple linear regression with EViews 13, preceded by classical assumption tests and logarithmic transformation of revenue variables. The results show that all independent variables simultaneously have a significant effect on ROA (Prob(F-statistic) = 0.000000; R² = 0.7979). Partially, regular transportation revenue and government subsidies have a positive and significant effect, leverage (DER) has a significant negative effect, while liquidity (CR) has a positive and significant effect on profitability.
A Critical Criminological Study of Destructive Fishing Crimes in The Serutbar Conservation Area Charly Timothy Hahury; Yanti Amelia Lewerissa; J.E. Latupeirissa
Asian Journal of Social and Humanities Vol. 4 No. 9 (2026): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v4i9.730

Abstract

Maluku Province, as one of the archipelagos with the greatest potential for marine resources in Indonesia, is vulnerable to the threat of maritime crime, particularly destructive fishing practices (the use of fish bombs and poison), including those occurring in the Serutbar Conservation Area. This study aims to analyze destructive fishing crimes in the Serutbar Conservation Area not only as a phenomenon of individual deviance (fishermen) but also as a form of structural and ecological injustice. Using a critical criminology approach, this study examines criminogenic factors such as structural poverty, the marginalization of traditional fishermen, the power relations between financiers (cukong) and perpetrators in the field, and the suboptimal effectiveness of current positive law in prosecuting intellectual actors. The results of the study indicate that destructive fishing practices in the Serutbar Conservation Area are rooted in the economic pressures of coastal communities caused by limited fishing space and lack of access to environmentally friendly technology, which are then exploited by organized crime syndicates. From a critical criminology perspective, repressive law enforcement that targets only the main perpetrators (small-scale fishermen) has proven ineffective in providing a deterrent effect and ignores the massive damage to the ecosystem. Therefore, a reconstruction of criminal law policy is needed that combines prevention, criminalization of corporate intellectual actors, and a restorative justice approach that focuses on environmental restoration and alternative economic empowerment for coastal communities in Maluku, particularly those living around the Serutbar Conservation Area.
The Relationship Between Creativity, Innovation, and Business Performance in The Creative Economy Sugeng Riyadi; Cicih Ratnasih
Asian Journal of Social and Humanities Vol. 4 No. 9 (2026): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v4i9.731

Abstract

The creative economy is a rapidly growing sector in Indonesia, contributing 6.54% to GDP in 2022 and reaching a value of Rp 1.28 quadrillion. This research aims to analyze the relationship between creativity, innovation, and business performance in the creative economy. A quantitative approach using a survey method was employed, involving 200 creative economy business actors in Semarang City, with purposive sampling as the sampling technique. A structured Likert-scale questionnaire was used as the research instrument. Data were analyzed using Structural Equation Modeling (SEM) with SmartPLS 3.0. The results show that creativity significantly and positively affects product innovation (? = 0.672, p < 0.001), innovation significantly and positively affects business performance (? = 0.548, p < 0.001), and creativity directly affects business performance (? = 0.384, p < 0.001). These findings demonstrate that creativity and innovation are key factors in improving business performance in the creative economy. In conclusion, creativity serves as both a direct driver of business performance and an indirect driver through innovation, with the indirect effect accounting for 48.9% of the total effect. This confirms that fostering both creativity and systematic innovation management is essential for optimizing performance in the creative economy. This research contributes to the development of innovation management theory and provides practical recommendations for creative economy entrepreneurs.
Digital Transformation and its Impact on Entrepreneurship in The Creative Industries Wening Estiningsih; Mohamad Halilintar
Asian Journal of Social and Humanities Vol. 4 No. 9 (2026): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v4i9.732

Abstract

This research aims to analyze the impact of digital transformation on entrepreneurship in Indonesia's creative industries. A qualitative approach was employed, drawing on a systematic literature review and statistical data analysis from credible sources, including government publications (Ministry of Tourism and Creative Economy, Coordinating Ministry for Economic Affairs, Central Statistics Agency) and academic journals. The results show that digital technology has opened new opportunities for creative entrepreneurs by providing broader distribution platforms, reducing operational costs, and enabling business model innovation. Indonesia's creative economy sector recorded a GDP value of Rp 1.28 quadrillion in 2022, absorbing 23.98 million workers. Digital platforms, such as marketplaces, have facilitated broader market access for small and medium enterprises. However, this transformation also presents various obstacles, such as gaps in digital infrastructure and limited technological literacy. This research concludes that digital transformation serves as the main catalyst for entrepreneurship growth in the creative industries, provided there is adequate infrastructure support and enhancement of digital capabilities among business actors.

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