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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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Legal Review of Consumer Dispute Settlement in Cases of Cancelled Property Development : Study Decision Number : 072/ Arbitration /2022/ BPSK.Mdn Andreas Marfel Silaban; Beby Sendy
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.v2i2.412

Abstract

Consumer dispute resolution in Indonesia is an increasingly relevant issue, considering the high dynamics of transactions that occur in the goods and services sector, including in the property sector. Consumers, as the weaker party in business transactions, often face problems related to the quality of goods/services received, delays, unilateral cancellations, or even failure in property development. Therefore, resolving consumer disputes is very important and requires adequate legal protection. This type of research is normative juridical research. Normative research is literature research by examining theoretical approaches and concepts that examine consumer disputes. Normative juridical research is legal research that places law as a building system of norms. Problems arise when consumers in good faith have paid all Down Payment obligations, but the business actor actually takes a unilateral decision to cancel the apartment construction project. Consumers who have invested funds amounting to IDR 307,530,900 are trying to get a refund, but the business actor does not show responsiveness and good faith in the refund process. This situation finally forced consumers to take legal action by filing a lawsuit with BPSK Medan City on December 5 2022. This case is a clear example of the application of consumer protection and the importance of BPSK as an alternative for resolving disputes outside of court. This decision also reflects the principles of justice and legal certainty in consumer disputes, where agreed consumers can obtain their rights through an arbitration mechanism.
Friedrich Carl Von Savigny’s Thoughts on The Existence of Annual Sale and Purchase Customary Love Establishment Nadir Nadir
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.v2i2.417

Abstract

This research aims to reveal stability Friedrich Carl Von Savigny’s thoughts on the existence of annual sale and purchase customary love establishment. This research uses legal research methods, namely research carried out on legal norms that develop in society. The approach used is a conceptual and historical approach. The types and sources of data used in this research are primary and secondary data. The results of this research show that the teachings of the historical school initiated by Von Savigny emphasize that law is a reflection of the soul of the people that grows together with the people’s growth of the people and becomes strong together with the people’s strength. Furthermore, in the end, it dies if the nation loses its nationality. Thus, adherents of the historical school reject the view that law is made by an authorized institution, such as by making laws. Meanwhile, customary law that exists in Madurese society as the customary law of the Madurese people in some villages, such as “annual purchase and sale,” as the customary law of the community is maintained in the practice of annual purchase and sale of a plot of land that is perhaps not found in other areas in Indonesia. It is similar to the historical school, namely that law grows together with the growth of society and becomes strong together with the strength of society. Furthermore, in the end, it dies if the nation loses its nationality. This condition is recognized as existing by the constitution of the Indonesian legal state as regulated in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia.
Comply With The Law and Deal With Fake Bank Encounters To Improve Banking Security Risky Sukoy Sitindaon; July Esther; Debora Debora
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.v2i2.484

Abstract

These studies aim to determine which rules apply to the criminal act of currency counterfeiting. According to this perspective, a unique regulation governing the flow and counterfeiting of rupee currency is necessary for the development and strengthening of the financial sector. Standard research methodology based on statutory regulations is the methodology used. To answer legal problems, this approach uses research methods that examine and analyze the law as a basis. This can be in the form of criteria, rules, principles, theories and other literature. The results of the study show that legal regulations are in place to deal with currency counterfeiting, the weaknesses lie in a lack of understanding and tools to detect them and a lack of coordination between society and related institutions as well as a weak understanding of the law in society.
The Role of Notary Position Regulations in Improving the Integrity and Professionalism of Notaries in Indonesia Markus Gunawan; Ali Amran; Erniyanti Erniyanti
International Journal of Law and Society Vol. 2 No. 1 (2025): 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.v2i1.487

Abstract

This research examines the role of Indonesian Notary Position Regulations (UUJN) in enhancing integrity and professionalism within the notarial profession in Indonesia. The study adopts a normative legal research methodology, integrating both statutory and conceptual approaches to evaluate the effectiveness of existing regulatory frameworks governing notarial practice. Primary objectives include analyzing the impact of current regulations on notarial standards, identifying implementation challenges, and developing recommendations for regulatory enhancement. The research findings demonstrate that while the UUJN serves as a crucial foundation for professional notarial practice, several significant challenges persist in its implementation. These challenges encompass technological adaptation requirements, increasing transaction complexity, and the need for stronger oversight mechanisms. Analysis reveals opportunities for regulatory refinement to address emerging professional demands while maintaining high standards of integrity. This study contributes to the existing body of knowledge by providing comprehensive insights into the relationship between regulatory frameworks and professional excellence in notarial practice. The findings lead to specific recommendations for regulatory enhancement, including strengthening supervisory mechanisms, developing continuous professional development programs, and harmonizing standards with international best practices. These recommendations aim to foster a more robust and adaptable notarial profession in Indonesia while maintaining its fundamental role in ensuring legal certainty and protection for society.
Legal Accountability of Algorithmic Bias : Examining the Role of Law in Preventing Discriminatory AI Decisions Maulana Fahmi Idris; Methodius Kossay
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.v2i2.521

Abstract

The increasing adoption of artificial intelligence (AI) in decision-making processes has raised significant concerns regarding algorithmic bias and legal accountability. This study examines the regulatory challenges and enforcement gaps in addressing AI bias, with a particular focus on Indonesia’s legal landscape. Through a comparative analysis of AI governance frameworks in the European Union, the United States, China, and Indonesia, this research identifies key deficiencies in Indonesia’s regulatory approach. Unlike the EU’s AI Act, which incorporates risk-based classification and strict compliance measures, Indonesia lacks a dedicated AI legal framework, leading to limited enforcement mechanisms and unclear liability provisions.The findings highlight that transparency mandates alone are insufficient in mitigating algorithmic discrimination, as weak enforcement structures hinder effective regulatory oversight. Furthermore, the study challenges the notion that global AI regulatory harmonization is universally applicable, emphasizing the need for a context-sensitive hybrid model tailored to Indonesia’s socio-legal environment. The research suggests that Indonesia must adopt a comprehensive AI legal framework, strengthen regulatory institutions, and promote interdisciplinary collaboration between legal experts and AI developers. Future research should focus on empirical case studies, the development of context-specific AI accountability models, and the role of public engagement in AI bias mitigation. These efforts will be essential in shaping effective AI governance strategies that ensure fairness, transparency, and accountability in Indonesia’s digital transformation.
Adoption of Articles 6 and 7 of the Rome Statute of 1998 on Genocide and Crimes Against Humanity in Law Number 26 of 2000 on Human Rights Courts Eva Arief; Novia Mungawanah
International Journal of Law and Society Vol. 1 No. 3 (2024): July : 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.v1i3.537

Abstract

Serious human rights violations that occur in Indonesia, such as in Aceh, Papua, Jakarta, Poso and East Timor, fall into the category of crimes against humanity. Indonesia adopted the principles of international law into national law, which were adapted to the ideological values of the Indonesian nation, namely Pancasila, namely adopting the principles of genocide (mass extermination of an ethnic group) and the principles of crimes against humanity contained in Article 6 and 7 Rome Statute 1998. Partially the Rome Statute was implemented in national law by adopting it through Law Number 26 of 2000 concerning Human Rights Court. The problem that arises is how the provisions of Article 6 and 7 of the 1998 Rome Statute concerning genocide and crimes against humanity were adopted in Law Number 26 of 2000 concerning the Human Rights Court. This research uses a normative juridical approach by studying or analyzing secondary data in the form of secondary legal materials by understanding law as rules or norms which are benchmarks for human behavior that is considered appropriate. Research using this normative juridical method essentially emphasizes the deductive method as a general guide, and inductive method as support. Article 6 of the 1998 Rome Statute concerning Genocide (Mass Extermination of an ethnicity) and Article 7 of the 1998 Rome Statute concerning Crime Against Humanity are included in the group of serious human rights violations. Indonesia has an interest in promulgating Law Number 26 of 2000 driven by the desire to fulfill the complementary principles adopted by the 1998 Rome Statute so that Law Number 26 of 2000 concerning trials for serious human rights violations meets the minimum standarts international law. The 1998 Rome Statute is an international agreement that cannot be reserved so that ratification of the 1998 Rome Statute is fully binding of ratifying countries so that the Indonesian government must be careful in ratifyng it, but for Indonesia's interests, several principles and provisions in the 1998 Rome Statute were adopted.
Evaluation of the Strengthening of Nigeria's Justice System Integrity and Capacity Selective States : The Supreme Court of Nigeria's Analysis Principle Ajiteru S.A.R; Sulaiman T.H; Abalaka J.N
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.v2i2.562

Abstract

The technical assessment project's major goals were to gain a comprehensive understanding of the integrity and capacity status of the justice sector in Nigeria. Nigeria's existing levels of access to justice, the promptness and caliber of justice delivery, the independence and impartiality of the judiciary, corruption, and public confidence in justice sector institutions were all examined in this study. In three pilot states, respondents were given pre-formulated questions intended to elicit their perceptions and experiences related to a particular day in court. Both narrative and graphic formats are used to present the interview results. The report presents key findings relating to the target groups' perceptions and experiences regarding the delivery of justice and the integrity of the justice system, and it identifies the underlying causes of the issues by drawing on and analyzing the data, paying particular attention to the reinforcing interdependencies of the various problems. The study, which is structured around 17 major findings, provides a thorough examination of the information acquired from the interviews. Based on the main conclusions, it offers comprehensive policy recommendations for judicial reform initiatives that will improve public trust in the legal system, increase the independence, fairness, and impartiality of the judiciary, improve accessibility to the courts, improve the efficiency of justice delivery, and reduce corruption in the legal system.
Constitutional Protection of the Right to Sustainable Development ( A Comparative Study ) Ali Jasim Mezher; Samira Ghasi Ajel; Layali Rahi Ajmi
International Journal of Law and Society Vol. 2 No. 3 (2025): 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.v2i3.578

Abstract

The concept of sustainable development, despite its increasing frequency in international law literature, is too vague to be clearly defined and implemented. The concept of sustainable development appears in various documents withdifferent, even competing, themes and scopes. Rather than being a simultaneous manifestation of three dimensions: economic, social, and environmental, it is essentially an economic and environmental concept, and economic development is the primary priority for all countries, both developed and developing. By failing to fulfill their obligations to developing countries, developed countries have created an atmosphere of mistrust in establishing global sustainable development platforms. Overall, it appears that although the concept and idea of ​​sustainable development have gained widespread acceptance in international legal literature, and significant efforts have been made to assess the achievement of sustainable development, the unity of the three areas of economic development, social development, and environmental protection still faces challenges. There is a significant gap regarding the theoretical and practical position of sustainable development on the international stage and within the framework of international development law. The importance of this research lies in analyzing the constitutional protection of the right to sustainable development in the Iraqi Constitution and its compatibility with international standards. It also examines the legal and practical challenges facing Iraq, Egypt, and Jordan in implementing this right on the ground, and reviews the role of 2 governmental institutions and civil society in promoting and protecting the right to sustainable development.
The Law Role of Business Competition to Develop the Global and Indonesian Economy Nadir, Nadir
International Journal of Law and Society Vol. 2 No. 3 (2025): 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.v2i3.598

Abstract

This study examines the role of law in regulating business competition to develop the economy is needed. The purpose of this research is to find out and reveal the role of law in developing the economy. This research method uses normative legal research method, it is intended to identify and reveal the role of law in economic development. The results of this study indicate that the role of law in regulating business competition to develop the economy is very much needed so that business competition runs orderly and does not violate the rights of fellow business actors. The role of this law is manifested in government policies required by developing countries far beyond the needs of the developed industrial countries which have been established. The developed countries already have legal mechanisms in place to accommodate changes in their societies. Meanwhile, developing countries are not like that. In fact, the hopes and desires of people in developing countries for the realization of changes that bring about a greater improvement in living standards exceed the expectations needed by people in developed countries. The growth and economic development of the Indonesian state and in the world will be much influenced by fair business competition among business actors, both now and in the future. While, the healthy competition will be determined by legal policies in economic development; legal policies in business competition; politics of law formation and decision-making processes in the formation of business competition law
Legal Status of the Object of the Fiduciary Determined as State Confiscated Goods that Have Been Auctioned Martin Batara Tambunan; Suherman Suherman; Heru Sugiyono
International Journal of Law and Society Vol. 2 No. 3 (2025): 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.v2i3.615

Abstract

The purpose of this study is to analyze the legal status of fiduciary collateral objects designated as state-confiscated assets that have been auctioned, and to examine the resolution of the state's rights in confiscating and auctioning fiduciary collateral objects in relation to the rights of financing companies as fiduciary creditors whose claims remain unsettled. This study employs a normative juridical research method using statutory, case, and conceptual approaches. The results show that fiduciary collateral objects confiscated and auctioned by the state do not automatically nullify the creditor’s rights, as the principle of droit de suite entitles creditors to claim the object or the proceeds from its sale. Regulatory ambiguity creates legal uncertainty and discourages fiduciary-based financing practices. From a justice perspective, the state must not arbitrarily execute assets without considering the legitimate rights of creditors. Resolution of the conflict between the rights of the state and creditors must be carried out proportionally through criminal, civil, or non-litigation avenues, in order to establish a balance between law enforcement and creditor protection, thereby maintaining stability in the financing sector.

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