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INDONESIA
International Journal of Law and Society
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30469619     EISSN : 30469562     DOI : 10.62951
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
of law and social politics, both theoretical and empirical. The focus of this journal is on studies of civil law, criminal law, constitutional law, international law, procedural law and customary law, politics and social sciences
Arjuna Subject : Ilmu Sosial - Hukum
Articles 174 Documents
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Mitigating the Risk of Exploitation and Violence Against Women Indonesian Migrant Workers in The Informal Sector Berliana Purwono Putri; Heru Sugiyono; Muthia Sakti
International Journal of Law and Society Vol. 2 No. 2: International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i2.349

Abstract

This research aims to analyze the mitigation of the risk of exploitation and violence against women Indonesian migrant workers in the informal sector as well as the responsibilities of the government and migrant employment agencies. Using the normative juridical method, this research examines relevant legal norms, such as the Indonesian Migrant Workers Protection Act, to evaluate the protection of women migrant workers' rights. Data is obtained from documentation of primary and secondary legal sources, analyzed using a feminist perspective to understand vulnerability factors and challenges in the feminization of migration. The results show that mitigating the risk of exploitation and violence against women Indonesian migrant workers in the informal sector includes preventive measures, such as pre-departure education, skills training, recruitment agency supervision, and legal empowerment. During the working period, protection is carried out through standardized work contracts, access to social protection, and bilateral cooperation, while post-work, economic and social reintegration is carried out through mentoring and entrepreneurship training. However, weak implementation of regulations, lack of oversight, and sectoral silos exacerbate the vulnerability of women Indonesian migrant workers in the informal sector to exploitation, discrimination, and rights violations. The responsibilities of the government and migrant employment agencies include legal protection at all stages of migration, from pre-departure recruitment, monitoring of working conditions, and post-employment reintegration programs to ensure that women migrant workers receive comprehensive protection through effective enforcement of employment contracts, legal aid, monitoring, and social reintegration. This research recommends improved regulation, pre-departure education, recruitment agency supervision, legal empowerment, and post-worker reintegration to reduce the risk of exploitation and violence against women migrant workers.
Legal Protection for Doctors in Medical Practice Using Telemedicine According to Law Number 17 of 2023 Concerning Health Fakhrurrozi Fakhrurrozi; Handar Subhandi Bakhtiar
International Journal of Law and Society Vol. 2 No. 2: International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i2.352

Abstract

Health is a basic right guaranteed by the Indonesian constitution, as stipulated in Article 28H of the 1945 Constitution and Article 34 paragraph (3), which states that the state is responsible for the provision of adequate health care facilities for all citizens. Nonetheless, challenges in the provision of health services in remote areas are still significant, especially related to the limitations of facilities, medical personnel, and service quality. The development of technology, particularly telemedicine, has opened up new opportunities in the delivery of health services, which can overcome geographical limitations and improve community access to medical services. The type of research in this study is normative juridical. The research results in this discussion are the protection of doctors and the regulation of telemedicine policies in Indonesia, by reviewing Law Number 17 of 2023 concerning Health regarding the implementation of telemedicine between health service facilities. Although telemedicine can expand access to health, the risks associated with remote diagnosis and treatment require special attention in terms of legal protection of health workers. Therefore, adaptive legal tools are needed to accommodate the growing development of health technology and provide legal protection for the parties involved in the implementation of online-based health services.
The Impact of Khamar Transactions on Traders and Minors Muhammad Rizqi Hidayah; Adika Pranata; Muhammad Rizki Simamora; Alfin Tambak; Mohd. Mozaed Al Farid Sitorus; Alfiansyah Borotan
International Journal of Law and Society Vol. 2 No. 2: International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i2.362

Abstract

This article examines various aspects related to khamar, including its linguistic meaning, definitions, impacts, and the Islamic legal perspective on it. In Arabic, khamar means something that conceals or covers, referring to intoxicating beverages that impair rational thinking. Scholars provide various definitions of khamar, encompassing intoxicants derived from fermented grapes and other substances. From an Islamic perspective, khamar is considered to have more harmful effects than benefits, affecting social, economic, and health aspects. Although the trade of khamar may provide worldly profits, it is deemed contrary to Islamic teachings due to its potential to promote immorality and corrupt morals. The impact of khamar consumption on minors is particularly damaging, affecting their physical and mental health as well as causing broader social repercussions. Islamic legal sanctions against the consumption of khamar emphasize strict prohibition to prevent its use, although specific worldly punishments are not elaborated upon. This study highlights that despite the financial advantages it might offer, the negative consequences of khamar far outweigh its benefits and should therefore be avoided for the well-being of society.
Juridical Review of the Carrier's Responsibility for the Loss of Goods Sent Through Road Transportation Based on Law Number 22 of 2009 Concerning Traffic and Road Transportation Esraini Saruksuk; Janpatar Simamora; Meli Hertati Gultom
International Journal of Law and Society Vol. 2 No. 2: International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i2.375

Abstract

This study addresses the legal responsibility of carriers for the loss or damage of goods during road transportation, as stipulated in Law Number 22 of 2009 concerning Traffic and Road Transportation (UU LLAJ). Article 193 of UU LLAJ obliges carriers to provide compensation for any loss incurred during transportation, except in cases of force majeure or third-party negligence. The study also explores the application of breach of contract (wanprestasi) and strict liability principles as the legal foundation for carrier accountability. However, the practical implementation of these regulations often faces challenges, including unclear contractual clauses on liability, difficulties in proving carrier negligence, and slow or inefficient dispute resolution mechanisms. To address these issues, the study proposes strategic measures such as regulatory revisions to clarify carrier liability boundaries, the establishment of standardized transportation contracts, enhanced legal education for stakeholders, strengthened non-litigation mechanisms like mediation and the Consumer Dispute Resolution Agency (BPSK), and the optimization of insurance to mitigate risks. These recommendations aim to foster a more efficient, reliable, and legally protective transportation system for all stakeholders involved.
The Authority of The Prosecutor's Office in Supervising Corporate Legal Compliance With Environmental Regulations in Indonesia Dardiansyah Dardiansyah; Dewi Astutty Mochtar; Ghufron Ghufron
International Journal of Law and Society Vol. 2 No. 2: International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i2.376

Abstract

This study examines the authority of the Attorney General's Office in supervising corporate compliance with environmental regulations under Law No. 32 of 2009 and within the concept of Ius Constituendum. Employing a normative legal research methodology, the study integrates the Statute Approach and a legal concept analysis approach. The Statute Approach analyzes laws and regulations, while the legal concept analysis combines analytical and conceptual dimensions to address gaps in legal interpretation. The research highlights the critical role of the Attorney General's Office in enforcing environmental law, particularly in addressing corporate violations that contribute to environmental degradation in Indonesia. Findings reveal that despite its strategic role, limited human resources and technical capacity hinder effective supervision. To strengthen this role, the study recommends expanding the Attorney General's authority to include preventive, civil, administrative, and criminal enforcement. Additionally, enhancing human
Copyright Law Analysis Related to the Use of Artistic Image Works in Artificial Intelligence Training Data in Indonesia and Singapore Lintang Akbar Samudra; Yudho Taruno Muryanto
International Journal of Law and Society Vol. 2 No. 2: International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i2.378

Abstract

The emergence of Artificial Intelligence presents a challenge in Copyright law in the context of visual artworks, as various Artificial Intelligence systems are currently available to create images. Based on this, the research aims to examine the legal regulations regarding the use of Artistic Image Works in Artificial Intelligence training data according to the Copyright Laws of Indonesia and Singapore, as well as how Copyright regulations can be developed to address these legal issues. This study uses a normative legal research method with a descriptive nature, employing statutory and comparative approaches. The data consists of secondary legal materials, collected through library research and analyzed using a syllogistic method with deductive reasoning. The findings and discussion of this research reveal that there is currently no clear legal basis for the use of Artistic Image Works in Artificial Intelligence training data under Law Number 28 of 2014 on Copyright in Indonesia, whereas the Singapore Copyright Act 2021 has accommodated this issue through provisions on Fair Use and Computational Data Analysis. Therefore, a reformulation of regulations is needed regarding several aspects such as Use, Reproduction, and the role of Collective Management Organizations.
Indonesia's Struggle For Democratic Resilience: Issues and Institutional Reforms Mi’rojul Huda; Mubarok Muharam; Mochamad Arif Affandi; Agus Satmoko Adi; Silkania Swarizona; Eko Satriya Hermawan
International Journal of Law and Society Vol. 2 No. 2: International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i2.379

Abstract

Indonesia's democracy, despite over two decades of progress since the fall of the New Order regime, has faced stagnation and democratic backsliding in recent years. Indicators from institutions such as the Economist Intelligence Unit (EIU), Freedom House, and Varieties of Democracy (V-Dem) consistently highlight a decline in democratic quality. Contributing factors include identity politics, declining electoral integrity, political dynasties, and weak institutional capacities, described as "Low-Capacity Democracy." This study employs a qualitative approach to explore these challenges, including literature reviews, document analysis, and interviews. The findings reveal systemic issues at both institutional and societal levels, including weakened oversight bodies like the Corruption Eradication Commission (KPK), the dominance of executive power, and the rise of transactional politics and political dynasties. Digital challenges, such as disinformation and low digital literacy, also exacerbate these issues. This study recommends comprehensive reforms, such as strengthening independent institutions, enhancing transparency in public fund management, and improving political education to reduce transactional practices. Digital media regulations and technology-based electoral monitoring are also proposed to increase transparency. By addressing these issues, Indonesia can reinforce democratic resilience and foster an inclusive, accountable political system.
Juridical Review of The Cancellation of Electronic Land Title Certificates Based on The Regulation of The Minister of Agrarian Affairs and Spatial Planning/Head of The National Land Agency of The Republic of Indonesia Number 21 of 2020 Pingkan Dewi Kaunang
International Journal of Law and Society Vol. 2 No. 2: International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i2.383

Abstract

A certificate serves as strong evidence of land ownership rights. In line with technological advancements, the government, through the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency, has introduced a legal product in the form of an Electronic Certificate. This Electronic Certificate, also known as e-Certificate, is issued as a result of an electronic land registration process. As a legal product of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency, the Electronic Certificate constitutes valid and strong evidence of land ownership rights. However, in the process of land registration leading to the issuance of the Electronic Certificate, as well as in other related aspects, errors may occur, resulting in administrative and/or juridical defects. Moreover, the Electronic Certificate may also become an object of a court decision. Consequently, the Electronic Certificate can be subject to cancellation, which may be processed based on the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 21 of 2020 on the Handling and Resolution of Land Cases. This study employs a normative juridical research method, utilizing a statute approach as its legal analysis framework.
Analysis of Land Dispute Resolution in Court : A Case Study at LDP LAW FIRM & PARTNERS Jeffenri Lumban Batu; July Esther
International Journal of Law and Society Vol. 2 No. 2: International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i2.398

Abstract

The resolution of land disputes through the judicial process is a step taken when non-litigation settlement efforts fail. This process involves a series of legal procedures aimed at enforcing land rights, including proof of ownership and other related rights. This article aims to analyze the procedures, challenges, and effectiveness of land dispute resolution in court. Using a normative-empirical approach, this study finds that although the judicial system provides a clear mechanism, there are several obstacles, such as lengthy legal processes, high costs, and the complexity of proving ownership, which can delay dispute resolution. In this regard, it is important for the parties involved to understand the applicable legal procedures and utilize alternative dispute resolution methods that can expedite land dispute resolution, such as mediation and arbitration. This study also recommends improvements in the judicial system and more efficient approaches to handling land disputes in the future.
Criminal Liability for Extremist Crimes Through Electronic Means in Modern Legislation : a Comparative Study Haider Kazim Hattahut
International Journal of Law and Society Vol. 2 No. 2: International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i2.399

Abstract

The aim of this comparative study is to identify the criminal responsibility for extremism through electronic means in modern legislation for which the researcher used the comparative analytical method. The research problem is centred on the statement of the objective provisions of criminal responsibility for the crime of extremism through electronic means in both Iraqi law and comparative laws. The study relied on a number of primary and secondary references both past and present to collect legal information. The study concluded a number of the most important results, namely that extremism using electronic means is the aggression emanating from pirates using electronic means with the aim of disrupting security and public order and extorting the authorities by seizing public and private funds and damaging property. Results also show that the competent court in considering the crime of extremism using electronic means is the State Security Court in Iraqi law, and we see the Iraqi legislator in the Iraqi Constitution of 2005 was unique in reducing the penalty until amnesty for those who provide information about cyber attacks. The study recommended that there should be a clear text for the crime to define the electronic means as per the Iraqi legislator, while the modern legislations came in conjunction and close to the Jordanian legislator, as well as the French law, the Algerian and Egyptian legislator. The study also recommends that the Iraqi legislator follow the example of the Jordanian legislator in issuing a special law for electronic crimes and contain the text of criminalising the crime of cyber extremism. The study also stresses the need for judges to have sufficient knowledge of electronic means and the Internet in order to consider cases in this regard by preparing courses for them and all those working in the field of combating cyber extremism crimes. This is particularly true since the threat is carried out through the Internet and electronic means.

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